Government Glance for September 26, 2022: Powhatan Supervisors to be briefed on status of county's Pay and Class Plan, possible violations; Bids over estimate for Doswell wastewater treatment plan
Plus: Next step for rewrite of Charlottesville's zoning code
It’s the last week of September and we’re back to a relatively quiet week for meetings of elected officials at local governments in Virginia’s Fifth Congressional District. For the past three weeks, I’ve had to split this into several installments, but this time around there’s a relative lull. That won’t last long, as next week has nine meetings.
This time around:
Hanover’s Board of Supervisors has nine public hearings including one for a rezoning for a 144-unit age-restricted apartment complex, another for a drive-through for a Dunkin Donuts, another for a Starbucks, and another for $10.5 million for upgrades to the Doswell Wastewater Treatment Plant.
Bedford’s Board of Supervisors will have a work session on changes to the county’s rules on disturbing land and will decide whether to hire 14 School Resource Officers through a state-grant that covers their cost for one year.
The Powhatan County Attorney will report that the county administrator has not followed the Pay and Class Plan and is in violation of state law.
Lynchburg City Council will get an overview of recent community events and find out how much it will cost to exempt some small business owners from the cost of paying for a business license
Charlottesville’s City Council and Planning Commission will direct consultants on how to proceed with the rewrite of the zoning code
Monday, September 26, 2022
Bedford County Supervisors to review potential changes to land disturbance rules
The seven-member Bedford County Board of Supervisors meets at 5 p.m. for a work session followed by a regular meeting at 7 p.m. (meeting page)
During the work session, Supervisors will have their annual training on the Freedom of Information Act from Senior Attorney Brandon Butler.
They will also have a discussion of potential text amendments to County Code, Chapter 7, Environmental. These are all related to land disturbance, including a provision that would require an affidavit for such disturbances for agricultural operations.
In the regular meeting, there will be a presentation from Alec Brebner, the executive director of the Central Virginia Planning District. There’s no material available for this item in advance.
Supervisors will decide whether to accept over $1 million from the Virginia Department of Criminal Justice Services for School Resource Officers. This would cover the cost of 14 new officers for Bedford’s 13 elementary schools as well as the Susie B. Gibson Science & Technology Center. A local match is not required, but the county will have to fully fund the positions by fiscal year 2027 under the terms of the grant.
Powhatan County Attorney to outline violations of pay and class plan, Supervisors to consider new zoning district for mixed use
The five-member Powhatan Board of Supervisors meets at 6:30 p.m. for their regular monthly meeting. (meeting page)
Under old business, there will be a discussion of the Pay and Class Plan for county employees. At the direction of the Board, County Attorney Thomas Lacheney has reviewed the plan that was put in place in 2015 and reports it should be scrapped due to recent lack of use.
“State law has been violated, the Employee Handbook has been violated, and the processes and procedures of the Plan have been overlooked, or purposefully ignored,” Lacheney writes in the 14-page report. “The actions taken in the past two years have created different classes of employees, with most employees still under the Plan while many others have been placed outside of the strictures and protections of the Plan.”
Lacheney specifically cites a September 30. 2020 incident in which the county administrator Edward Smither is alleged to have emailed the county’s human resources officer to authorize a $10,000 amount to be spread across four employees in the Commonwealth’s Attorney’s office.
“This was a violation of the Plan, but more importantly it violated state law,” Lacheney wrote. “Virginia Code §15.2-1605.1 requires that any pay supplements to constitutional officer staff must be approved by the BOS.”
In order to proceed, Lacheney recommends creating a new plan.
There will also be an update on “Keystone” but there’s nothing noted in advance of the meeting.
Under new business, there will be a discussion of a Use of County Property policy and a discussion of the Department of Social Services.
There are four public hearings.
One with the title “Shurm Homes” has been deferred to the October 24 meeting.
Powhatan County has initiated an ordinance amendment to offer financial relief to residential wastewater customers who pay sewer charges for water that is used for residential irrigation systems.
The logging industry has requested localities across Virginia exempt machinery used for forest harvesting and other silvicultural activities from personal property taxes. Now the public will have their say before Supervisors.
Powhatan County is seeking changes to the rules for Village Growth Area Planned Development Districts to create a new zoning district “that will allow Economic Opportunity parcels to feature densities and commercial development consistent with the vision of the 2021 Comprehensive Plan.”
“This district will allow applicants to utilize a master plan to design a development that mixes both commercial and residential uses and submit the plan to the Board of Supervisors for approval during a rezoning to the Planned Development District,” reads the staff report.
Tuesday, September 27, 2022
Lynchburg Council to review recent tourism events, get analysis on business license exemptions
The seven-member Lynchburg City Council will meet at 4 p.m. for a work session followed by a regular meeting at 7:30 p.m. They meet in City Council Chambers. (work session agenda) (regular agenda)
During the first item of the work session, the Office of Economic Development and Tourism will discuss recent community events and how they have driven spending in the city. There were 40 special events in FY22 that brought in $1.5 million in additional sales.
Next, staff will present the results of an analysis of how much it would cost the city in lost revenues to reduce the Business License for entities with gross receipts of less than $50,000. Those entities pay $30 a year.
“Revising the current ordinance to eliminate Business License Tax for this group would reduce revenues by approximately $35,250,” reads the staff report.
After that, two statues are soon to be installed in public spaces and Council will get a presentation on what’s making that happen.
“The City’s Public Art Policy was created in 2014 and strengthens the city’s role as a facilitator of art in public spaces,” reads the staff report. “City staff will discuss the installation of a statue of M.W. Thornhill, Jr. the City’s first African American Mayor in the 5th Street Roundabout and a statue of Chauncey Spencer, Sr. Tuskegee Airman at the Lynchburg Regional Airport.”
Next, there will be a bid opening related to an encroachment requested by AC Capital LLC for balconies at Court Street and 12th Street.
The work session concludes with previews of the three items that will come up at future meetings.
The boundaries of the James River Arts & Cultural District are being expanded. (October 11)
Lynchburg owns three aviation fuel storage tanks at the Lynchburg Regional Airport and a lease with Freedom Aviation expires on June 30, 2023. (October 11)
“ARINC is requesting a lease agreement for their ACARS (Aircraft Communications Addressing and Reporting System) equipment.” (October 11)
In the regular meeting, there are two public hearings.
The first is for the Consolidated Annual Performance and Evaluation Report (CAPER). That document tells the U.S. Department of Housing and Urban Development how the city has used its share of Community Development Block Grant (CDBG) and HOME funding. Charlottesville City Council had their public hearing on September 20.
The second relates to the encroachments mentioned above.
Charlottesville City Council to meet with Planning Commission for zoning discussion
The summer in Charlottesville began with the release of a document intended to tell the public how the rewrite of the city’s zoning document will proceed in order to satisfy the goals called for in the Affordable Housing Plan and the Comprehensive Plan adopted on November 15, 2021.
There was a public kickoff on June 28 for the Zoning Diagnostic and Approach report, which gave further details for how landowners will be able to build more housing depending on the size and shape of their lot, as well as the property’s designation in the Future Land Use Map.
Over the course of the past three months, there have been various ways to give input and to hear from consultants with the Cville Plans Together initiative about their reasoning.
Now, the City Council and the Planning Commission will meet in-person at 5:30 p.m. for a joint work session to give direction to turn the diagnostic report into a final one. (meeting info)
While the public comment period is over, there’s one last chance to have you say.
“Community members are invited to share written comments to be included in the meeting minutes,” reads a section of the agenda. “Submit comments on paper at the meeting, or via email (engage@cvilleplanstogether.com). Written comments received between 5:30pm and midnight on September 27 will be included in the meeting minutes and shared with the City Council and Planning Commission.”
Wednesday, September 28, 2022
Hanover Supervisors to hold nine public hearings; Two include restaurants with drive-through windows
The seven-member Hanover Board of Supervisors will meet in the Hanover County Administration Building Board Room at 7516 County Complex Road in Hanover. (meeting page)
First, there will be a public hearing for additional funds for a construction project at the Doswell Wastewater Treatment Plant (DWWTP). Bids came in over the $10.5 million appropriated to the project, and Hanover will receive the balance from the Virginia Water Quality Improvement Fund. The work is to help comply with Chesapeake Bay clean-up efforts.
“The proposed improvements are necessary for the DWWTP to meet new lower nutrient limits contained in its Virginia Pollutant Discharge Elimination System Permit that go into effect February 1, 2025,” reads the staff report. “Construction is expected to take approximately 2 years. The proposed improvements do not expand the capacity of the DWWTP.”
The low bidder is $17,667,000. The public hearing is on whether to move forward with $10.5 million in local funds.
There are eight land use public hearings:
A landowner seeks a rezoning of 11.54 acres in the Beaverdam District from Agricultural (A-1) to Agricultural Residential District (AR-6) to allow for one additional building lot for a family member. The Planning Commission recommended approval on August 18.
A landowner on Elm Drive in the Mechanicsville District seeks a special exception permit for a day care center for up to 25 children. The property is zoned Light Industrial (M-2). Such permits don’t go to the Planning Commission.
A landowner on Atlee Road in the Chickahominy District seeks a special exception permit to allow a temporary sales trailer for a 103-unit assisted living and memory care community. The 8.34 acre property is zoned Single-Family District (R-1).
Wigeon Capital, a landowner on Lakeridge Parkway in the South Anna District seeks a special exception permit for additional height. The limit is 35 feet, but the applicants wants to build two 42-foot structures for specific machinery. Each warehouse building will have a footprint of 124,750 square feet. Proffers associated with a rezoning require the Planning Commission to weigh in on the design, and they voted to approve on September 15. The 25.96 property is split zoned between Light Industrial (M-1) and Multi-Family Residential District (R-5)
A landowner on Meadowbridge Road in the Mechanicsville District seeks a rezoning from R-1 to Community Business District (B-2). This would be for a three-unit strip retail center with a drive-through window for a Dunkin’ Donuts restaurant. The Comprehensive Comprehensive Plan designates the land as Commercial. This property is across the Memorial Regional Medical Center.
A landowner on Chamberlayne Road in the Chickahominy District requests an amendment to a previous rezoning to allow for a Starbucks with a drive-through window.
A landowner on Mechanicsville Turnpike seeks a rezoning of 6.5 acres from B-1 to Multi-Family Residential District (RM) to build 144 age-restricted apartments with an internal road to be shared with Cambridge Square Apartments. This is in the Mechanicsville District.
A landowner elsewhere on Mechanicsville Turnpike seeks rezoning of 1.61 acres from R-1 to B-2 in order to build a carwash.
