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2017 SESSION
17102728DBe it enacted by the General Assembly of Virginia:
1. That §§ 2.2, 2.5, 4.1, and 5.2, § 5.4, as amended, § 5.5, § 6.1, as amended, §§ 6.2, 6.3, and 6.4, § 6.7, as amended, §§ 6.9, 6.10, and 6.12, § 7.4, as amended, § 7.5, and §§ 7.6 and 8.1, as amended, of Chapter 12 of the Acts of Assembly of 1987 are amended and reenacted as follows:
§ 2.2. Additional powers.
In addition to the powers granted by other sections of this
charter and general law, the county shall have the power to raise annually by
taxes and assessments, as permitted by general law, in the
county such sums of money as the board shall deem necessary
to pay the debts and defray the expenses of the county, in such manner as the
board shall deem expedient. In addition to, but not as a limitation upon this
general grant of power, the county shall have power to levy and collect ad
valorem taxes on real estate and tangible personal property and machinery and
tools; to levy and collect taxes on hotel and motel rooms; to levy and collect
business taxes, local general retail sales and use tax as provided by law;
unless prohibited by general law to require licenses, prohibit the conduct of
any business, profession, vocation or calling without such a license, require
taxes to be paid on such licenses in respect of all businesses, professions,
vocations and callings which cannot, in the opinion of the board be reached by
the ad valorem system; to franchise any business or calling so as to protect
the public interest; and to require licenses of all owners of vehicles of all
kinds.
In addition to the other powers conferred by law, the County
of Chesterfield shall have the power to impose, levy and collect, in such
manner as its board may deem expedient, a consumer tax upon the amount paid for
the use of water, gas, electricity, telephone, cable television communications services, and
any other public utility service within the county or upon the amount paid for
any one or more of such public utility services, subject to provisions of
general law and may provide that such tax shall be added to and collected with
bills rendered consumers and subscribers for such services. The county may
establish and collect such fees as the board of supervisors may deem reasonable
for the rendering of special services.
§ 2.5. Abandonment of road.
The governing body of the county on its own motion may cause
any section of the secondary system of highways deemed by it to be no longer
necessary for the uses of the secondary system of highways to be abandoned
altogether as a public road by complying substantially with the procedure
provided for in § 33.1-151 33.2-909 of the Code of
Virginia, including notice of intention
to abandon any such road by publication in two or more issues of some newspaper
having general circulation in the county. Such notice shall specify the time
and place of the hearing at which persons affected may appear and present their
view, which shall not be less than six days nor more than twenty-one days after
the second newspaper advertisement.
A finding by the governing body, after a public hearing, that a section of the secondary system of highways is no longer necessary for the uses of the secondary system may be made if the following conditions exist:
1. The road is located within a residence district as the latter is defined in § 46.2-100 of the Code of Virginia;
2. Continued operation of the section of road in question constitutes a threat to the public safety and welfare; and
3. Alternate routes for use after abandonment of the road are readily available. Any order of abandonment issued in compliance with this section shall give rise in subsequent proceedings, if any, to a presumption of adequate justification for the abandonment.
Appeals from any order of abandonment may be made as provided
for in § 33.1-152 et seq. 33.2-910 of the Code of
Virginia.
§ 4.1. Appointment of county administrator.
The board shall appoint a county administrator who shall be
the administrative head of the county government responsible for the proper
administration of the government as reflected by the legislative and policy
directions of the board and by general law. He shall be chosen solely on the
basis of his executive and administrative qualifications. He shall serve at the
pleasure of the board and shall enforce the laws of the county and, where
applicable, the Commonwealth and shall insure ensure the faithful
performance of all administrative duties required by the board. The board may
enter into an employment agreement with the county administrator defining terms
of employment.
§ 5.2. Submission of budget and budget message.
The county administrator shall submit to the board a recommended operating and capital improvement budget and a budget message by March 15th of each year.
The budget message shall contain the recommendation of the
county administrator concerning the fiscal policy of the county, a description
of the important features of the budget, a five-year capital budget, a
three-year projection for revenues and expenditures and an explanation of all
significant changes in the budget as to estimated receipts and recommended
expenditures as compared with the current and last preceding fiscal years. No
later than March 1st of each year, the superintendent of schools shall submit
to the county administrator his estimate of projected revenues and expenditures
for the next fiscal year in a form requested by the county administrator as
well as a five-year capital improvements program. By January 1st of each year
the director of social services, the director of mental health and mental retardation support services, the
extension agent, the circuit court and district court and the constitutional
officers shall submit to the county administrator their estimates of projected
revenues and expenditures for the next fiscal year in a form requested by the
county administrator.
§ 5.4. Adoption of budget.
After the public hearing as required by law the board may make such changes in the budget as it may determine, except that no item of expenditure for debt service shall be reduced or omitted below what the county is obligated to pay. The operating budget and capital improvements budget shall be adopted by resolution by the vote of at least a majority of all members of the board not later than May 1st of each year. Appropriations in addition to those contained in the general appropriation ordinance may be made by the board only if there is available in the general fund an unencumbered and unappropriated sum sufficient to meet such appropriations.
§ 5.5. Borrowing.
The board of supervisors may incur indebtedness by issuing bonds, notes or other obligations for the purposes, in the manner and to the extent provided for by the Constitution of Virginia and the Code of Virginia. The term indebtedness shall not include contractual obligations of the county, lease/purchase agreements subject to annual appropriations and revenue bonds payable solely from revenue producing properties or activities.
§ 6.1. Creation of
departments Departments
and divisions.
The following administrative
departments are hereby created:
(1) Department of County
Attorney.
(2) Department of Budget and
Accounting.
(3) Department of Police.
(4) Department of Fire.
(5) Department of Planning.
(6) Department of Social
Services.
(7) Department of Mental
Health and Mental Retardation.
(8) Department of Health.
(9) Department of Economic
Development.
The departments and divisions of the county in existence on July 1, 2017, shall remain in existence unless changed in accordance with this charter.
The board of supervisors, in
consultation with the county administrator, may create new departments or divisions or, combine or abolish existing
departments and or
divisions, distribute the functions thereof or, and
establish temporary departments or divisions
for special work, provided, however, that neither the county administrator nor
the board shall have the power to abolish, transfer or combine the functions of
the constitutional officers, or public school functions or the departments created by this section.
§ 6.2. Responsibilities of division and department heads.
There shall be a director at the head of each department. The
director of each administrative department,
except the constitutional officers, the chief of
police and the county attorney, shall be appointed by the
county administrator upon advising and informing in consultation with the board
in advance of such proposed appointment and such appointment shall be subject
to board veto in accordance with this charter. Such directors shall serve in
accordance with applicable personnel policies and may be removed by the county
administrator upon advising and informing the board in advance of such
decisions. The director of each department shall be chosen on the basis of his
executive and administrative ability, experience and education. The superintendent of schools, the
director of social services, and the director of mental
health and mental retardation, and the
director of the health department support
services shall be appointed in accordance with this
charter.
§ 6.3. Responsibility of division and department directors to the board and county administrator.
The directors of each administrative
department, except the constitutional officers and those departments not
appointed by the county administrator or board of supervisors, shall be
responsible to the county administrator and board for the administration of
their respective departments and their advice may be required by the board on
all matters affecting their departments. They shall make reports and
recommendations concerning their departments, but unless specifically
requested, such reports and recommendations shall be made by the county
administrator under such rules as the board may prescribe.
§ 6.4. Personnel rules and regulations.
A personnel system shall be established by the board of
supervisors for county administrative
officials and employees. Such a system shall be based on merit and professional
ability without regard to race, national origin, religion, sex or political
affiliation. The personnel system shall include a classification plan for
service, a staff development plan, a uniform pay plan and a procedure for
resolving grievances for employees of the county as provided by general law.
Employees of constitutional officers and other agencies may participate in the
personnel system at the discretion of the board and upon the concurrence of the
constitutional officer.
§ 6.7. Department of police.
The police department shall be composed of a chief of police
and such officers, patrolmen and other employees as the board of supervisors
may determine. The powers and duties set forth in §§
15.2-1704 and 15.2-1710 of the Code of
Virginia shall apply to the police force. The chief of police shall be
responsible for the immediate direction and control of the department. The
chief shall solely, within his discretion and subject to the other provisions
herein, select, employ, promote, and terminate such officers, patrolmen and
employees. He shall also select, employ, promote, and terminate the animal
warden and his deputies; provided that all other provisions of § 3.1-796.104 3.2-6555 of the Code of
Virginia shall remain in effect. The chief may adopt rules and regulations for
the police department in the same manner as rules and regulations are adopted
for other departments.
The chief shall be appointed by the board of supervisors on recommendation of a committee of not more than five persons. The committee shall consist of the county administrator and at least one, but not more than one, of the following: (a) one member of the board of supervisors, (b) one citizen from the community, who is not at the time he serves on the committee an employee of the Chesterfield County department of police, appointed by the chief circuit court judge and (c) one member with police experience appointed by the board. The remaining member, if any, shall be appointed by the board and shall be neither an elected nor an appointed county official. The chief of police can only be dismissed by the board of supervisors for cause.
§ 6.9. Department of social services.
The department of social services shall consist of the director of social services, a social services board, and such officers and employees organized in such manner as may be provided by the director. The department shall be responsible for the duties imposed by the laws of the Commonwealth of Virginia relating to public assistance and relief of the poor and such other powers and duties as may be assigned by the board of supervisors or the social services board. The director of social services shall be appointed by the social services board and he shall have general management and control of the department. The director shall in all ways cooperate with the county administrator so that the provision of social services is fairly coordinated with the provision of other governmental services. The social services board shall consist of members appointed in the same fashion as existed prior to the adoption of a charter or modified in accordance with general law. The social services board shall have such authority as is vested in it by general law and may adopt necessary rules and regulations not in conflict with this charter or general law concerning such department. The social services board and the board of supervisors shall meet jointly at least annually for the purpose of discussing common issues and methods of providing the most efficient services to the public. In addition, at least annually prior to January 1st, the director shall meet with the county administrator to discuss program plans and budgetary needs for the next fiscal year.
§ 6.10. Department of mental health and mental
retardation support services.
The department of mental health and mental
retardation support services
shall consist of the director of mental health and mental
retardation support services,
a community services board, and
such officers and employees organized in such manner as may be provided by the
director. The department shall be responsible for the duties imposed by the
laws of the Commonwealth of Virginia relating to mental health and mental retardation support services and such
other powers and duties as may be assigned by the board of supervisors or the
community services board. The director of mental health and mental
retardation support services
shall be appointed by the community services board,
and he shall have general management and control of the department. The
director shall in all ways cooperate with the county administrator so that the
provision of mental health and mental retardation support services is fairly
coordinated with the provision of other governmental services. The community
services board shall consist of members appointed in the same fashion as
existed prior to the adoption of a charter. The community services board shall
have such authority as is vested in it by general law and may adopt necessary
rules and regulations not in conflict with this charter or general law
concerning such department. The community services board and the board of
supervisors shall meet jointly at least annually for the purpose of discussing
common issues and methods of providing the most efficient services to the
public. In addition, at least annually prior to January 1st, the director shall
meet with the county administrator to discuss program plans and budgetary needs
for the next fiscal year.
§ 6.12. Internal auditor.
The internal auditor shall be responsible for providing
internal accounting and auditing controls to assure compliance with applicable
laws, contractual obligations and accepted accounting practices to safeguard
against loss or inefficiency. Such internal auditor shall have access to all county
records or documents of the county and the school
board of the county subject to applicable law.
§ 7.4. Planning
department Director of
planning.
The planning department shall
be composed of a director of planning and such employees as the board of
supervisors may determine. The director of planning department shall perform such
responsibilities as are imposed by general law and as may be assigned by the
planning commission and board of supervisors. The director of planning shall
have immediate direction and control of the planning department,
shall be appointed by the county administrator and shall serve subject to the
same terms and conditions as are applicable to other department heads. In
addition to the authority granted to the board of zoning appeals pursuant to §
15.2-2309 of the Code of Virginia, the board of supervisors by ordinance may
authorize the director of planning to grant a variance of not more than two
feet from any building setback requirement contained in the county's zoning or
subdivision ordinance if he finds in writing:
(i) that the strict application of the ordinance would produce undue hardship;
(ii) that such hardship is not shared generally by other properties in the same
zoning district and the same vicinity; and (iii) that the authorization of such
variance will not be of substantial detriment to adjacent property and that the
character of the zoning district will not be changed by the granting of the
variance.
§ 7.5. Committee Committees on the future of
the county.
The board of supervisors may appoint a committee on the future
of the county consisting of equal representation from each magisterial
district. The committee shall meet periodically and shall
prepare reports and make recommendations concerning changes in governmental
structure, revisions to fiscal and land use planning, and any other matters
concerning approaches to meeting the governmental needs of the people of
Chesterfield in the future. The committee shall meet at least annually with the
board of supervisors and shall prepare a written report detailing its forecast
of the condition of the county in the future and means by which the county can
cope with future needs or problems that are likely to occur in the future. The
committee shall seek to anticipate long-range problems and changes within the
county and develop solutions that can be considered by elected officials to
lessen any adverse effect on the county of future changes. The scope of the
committee's responsibilities shall not be limited by any current categories of
perceived long-range issues facing the county. Staff support shall be provided
by the planning department and such other county departments as are deemed
necessary by the committee. The board of supervisors shall be required to
respond in writing to all issues, concerns, or solutions raised in the
committee's annual report. The board
of supervisors may appoint other committees as the board deems advisable.
§ 7.6. Substantial accord review of county facilities.
Any public area, facility or use as defined by § 15.2-2232 of the Code of Virginia, which has been approved by the board of supervisors following a public hearing held pursuant to the county's zoning ordinance shall be exempt from the requirement for submittal to and approval by the county's planning commission or governing body under § 15.2-2232 of the Code of Virginia, so long as such public area, facility or use remains subject to the requirements of the zoning ordinance. Once a public facility has been determined to be in substantial accord with the county's comprehensive plan or is shown on the public facilities plan, then additional property for such facility may be added without submittal and approval under § 15.2-2232 of the Code of Virginia. In addition, all telecommunications facilities of the nature defined in the county's zoning ordinance as "communication small cell" shall be exempt from the requirements for submittal and approval under § 15.2-2232 if the facilities are located within a zoning district where such use is either permitted by right or permitted with restrictions, provided that all such restrictions are satisfied.
§ 8.1. Appointment Election of school board
members.
Beginning January 1, 1988, and
continuing until December 31, 1995, the school board of the county shall consist
of five members to be appointed by a majority vote of the full board of
supervisors, one member from each magisterial district. Prior to the
appointment of any school board member the board of supervisors shall hold a
public hearing in the magisterial district for which the appointment shall be
made. At such public hearing, any person interested in such appointment shall
identify himself. The supervisor from such magisterial district shall, and
other members may, nominate an applicant for the appointment who identified
himself at the prior public hearing. The members of the school board in office
on the effective date of this section shall continue in office for the terms
for which they were selected. Thereafter, selection of school board members shall
be for four-year terms. The terms of office of all school board members
appointed pursuant to this section, regardless of the date of selection, shall
expire on December 31, 1995. If the size of the board of supervisors is
revised, the size and composition of the school board shall be changed so that
the number of its members shall be consistent with the new size of the board of
supervisors. Except as provided for herein, in all other applicable respects
the provisions of the Constitution and general laws of the Commonwealth shall
apply with respect to the appointment of school board members. Notwithstanding
the provisions set forth herein, all terms and conditions of § 22.1-60 of the
Code of Virginia shall be complied with by the county.The school board of the county shall consist of
five members and shall be elected one from each magisterial district. The terms
of the members of the school board shall be the same as the members of the
board of supervisors, and elections of school board
members shall be held simultaneously with the election of board of supervisors.
If the size of the board of supervisors is revised, the size and composition of
the school board shall be changed so that the number of its members shall be
consistent with the new size of the board of supervisors.
2. That § 6.6, as amended, and §§ 6.8 and 8.1.a of Chapter 12 of the Acts of Assembly of 1987 are repealed.