2013-09-18 MinutesBOARD OF SUPERVISORS
MINUTES
September 18, 2013
Supervisors in Attendance: Staff in Attendance:
Ms. Dorothy A. Jaeckle, Chairman Mr. Mike Bacile, Dir.,
Mr. Stephen A. Elswick, Vice Chrm. Purchasing
Mr. Arthur S. Warren Dr. Sheryl Bailey, Dep.
Mr. James M. Holland County Administrator,
Management Services
Supervisor Absent:. Ms. Janice-Blakley,
Mr. Daniel A. Gecker Clerk to the Board
Ms. Debbie Burcham,
Mr. James J. L. Stegmaier Exec. Dir., Community
County Administrator Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Dr. Parham Jaberi, Dir.
Health Department
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Mr. Mike Mabe, Director,
Libraries
Ms. Mary Martin Selby,
Dir., Human Resource
Services
Mr. R. John McCracken,
Dir., Transportation
Mr. Jeffrey L. Mincks,
County Attorney
Sheriff Dennis Proffitt,
Sheriff's Department
Chief Edward L. Senter,
Fire Department
Ms. Marsha Sharpe, Dir.,
Social Services
Mr. Scott Smedley, Dir.,
Environmental Engineering
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Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Kirk Turner, Dir.,
Planning
Mr. Mike Westfall, Dir.,
Internal Audit
Mr. Scott Zaremba, Dir.,
Human Resource Programs
Ms. Jaeckle called the regularly scheduled meeting to order
at 3:02 p.m.
Ms. Jaeckle noted Mr. Gecker's absence from the meeting.
1. APPROVAL OF MINUTES FOR AUGUST 28, 2013
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
approved the minutes of August 28, 2013, as submitted.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Dr. Edward E. Raspiller, president of John Tyler
Community College, introduced himself to the Board of
Supervisors.
• Mr. Stegmaier was pleased to report that the James River
Advisory Council had a very successful regional river
cleanup last Saturday. He stated more than 900
volunteers among 15 sites picked up trash along the
James River and several feeder creeks or streams,
working to make the river a cleaner place.
• Mr. Stegmaier introduced State of Virginia's Emergency
Management Citizen Corps Director, Ms. Linda Rubin and
the President of Virginia First, Mr. Gary Lupton who
presented an award to county representatives Ms. Sherri
Laffoon of Emergency Management and Ms. Debbie
Leidheiser, Senior Advocate, for their efforts with the
"Prepare Before the Storm" program. The Virginia
Department of Emergency Management's Citizen Corp
Program has awarded this program as "Most Outstanding
Program" due to the innovative and collaborative team
efforts of Human Services and Public Safety groups to
reach out to home health care organizations.
Ms. Jaeckle stated she is very impressed with the program and
its effectiveness to recognize the need for emergency
personnel in the event of a natural disaster.
In response to Mr. Elswick's question, Ms. Rubin stated
funding is available to maintain training.
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Ms. Rubin noted less than one percent of the population is
first responders and stressed the importance of educating
emergency personnel.
• Mr. Stegmaier was pleased to report that the 2013 Best
of the Web awards winners have been announced and
Chesterfield County has been selected as one of the
finalists. He stated the program showcases governments
whose websites demonstrate innovation, usability and
functionality for users.
3. BOARD MEMBER REPORTS
Mr. Holland announced he attended the Proseal America
Expansion Ribbon Cutting on Friday, September 13th, along with
Ms. Jaeckle.
Ms. Jaeckle stated she was very impressed with the young
apprentices Proseal America enlisted. She also noted the
Chesterfield Chamber of Commerce has publicly supported the
bond referendum on the meals tax. She commended the
Chesterfield Chamber of Commerce for having more of a
community interest and delving into county issues.
In response to Mr. Warren's request, Mr. Stegmaier stated
staff is scheduling numerous public meetings around the
community regarding the bond referendum. He further stated
citizens can obtain comprehensive information through the
website titled www.yourvoicefirstchoice.com. He noted various
organizations have the opportunity to host a meeting for
their membership, if desired.
Mr. Elswick asked that staff provide locations/dates/times of
all bond referendum meetings for county citizens.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
added Item A.6., Appointment to the Committee on the Future;
deleted Item 8.B.4., Appropriation of Funds and Authorization
to Award a Construction Contract for the Route 60 Mall Access
Improvement Project; and replaced Item 14.C., Resolution
Recognizing the 2013 Chesterfield Baseball Clubs Incorporated
Bronco-ll-Year-Old All-Star Team for Its Outstanding
Accomplishments and Its Excellent Representation of
Chesterfield County.
Ayes: Jaeckle, Elswick, warren and Holland.
Nays: None.
Absent: Gecker.
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5. RESOLUTIONS
5.A. RECOGNIZING BATTALION CHIEF MARK R. NUGENT, FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS
RETIREMENT
Chief Senter introduced Battalion Chief Mark R. Nugent, who
was present to receive the resolution.
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Battalion Chief Mark R. Nugent will retire from
the Chesterfield Fire and Emergency Medical Services
Department, Chesterfield County, on October 1, 2013; and
WHEREAS, Chief Nugent attended Recruit School #9 in
1978, and has faithfully served the county and its citizens
for 35 years in various assignments, from firefighter to
battalion chief; and
WHEREAS, Chief Nugent served as a firefighter at the
Ettrick, Dale and Clover Hill Fire and EMS Stations; and
WHEREAS, Chief Nugent was promoted to Sergeant in 1984
(which was later classified as lieutenant), and served at the
Dale, Ettrick, Dutch Gap and Bensley Fire and EMS Stations;
and
WHEREAS, Chief Nugent was promoted to Captain in 1992
and served at the Bon Air Fire and EMS Station; and
WHEREAS, Chief Nugent was promoted to Senior Captain in
1994, and served as the Administrative Officer on "A" Shift
and as the Deputy Fire Marshal in the Fire and Life Safety
Division; and
WHEREAS, Chief Nugent was promoted to Battalion Chief in
1999 and served as the department Grants Administrator, and
in the Emergency Operations Division as a Battalion Chief on
"A" Shift in both the southern and western battalions; and
WHEREAS, Chief Nugent was assigned to the Office of the
Fire Chief as the department's Community Relations Director;
and
WHEREAS, Chief Nugent was named the Career Fire Officer
of the Year for 1994; and
WHEREAS, Chief Nugent was named the Chesterfield County
Employee of the Year in 1995; and
WHEREAS, Chief Nugent has been a life-long learner
throughout his career, obtaining an Associate's Degree in
Fire Science, an Associate's Degree in Emergency Medical
Management and a Bachelor's Degree in Organizational
Management and Development; and
WHEREAS, Chief Nugent was instrumental in creating and
managing the department's non-profit community group
Customer Assistance after Response to Emergencies" (CARES),
which has provided assistance to county citizens and members
of the department for more than a decade; and
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WHEREAS, Chief Nugent developed the Fire and EMS
Department's grant writing program in 1999 and has written
grant proposals that have resulted in the department
receiving more than $7 million dollars in grant awards,
thereby improving the safety and well-being of the citizens
of the county as well as members of the department, through
the purchase and use of firefighter protective gear, portable
radios, the Fire and Life Safety House, thermal imaging
devices, SCUBA Team equipment, Hazardous Materials Team
equipment, smoke alarms, and the hiring of nine additional
firefighters; and
WHEREAS, Chief Nugent has been a successful author and
public speaker throughout his career, being published in
national trade journals and lecturing on the local, state and
national levels on subjects including Fiscal Management,
Leadership, Drowning Prevention, Marketing and Developing
Community Fire and Life Initiatives and Programs; and
WHEREAS, Chief Nugent is known for his dedication to the
members of the organization, by seeking out opportunities to
promote the accomplishments of the men and women of
Chesterfield Fire and EMS on a local, state and national
level.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 18th day of September 2013,
publicly recognizes the contributions of Battalion Chief Mark
R. Nugent, expresses the appreciation of all residents for
his service to the county and extends appreciation for his
dedicated service and congratulations upon his retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Chief Nugent and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
Ms. Jaeckle presented the executed resolution to Chief Nugent
and commended him on his many years of loyal and dedicated
service.
Mr. Elswick, Mr. Warren and Mr. Holland all highly praised
Chief Nugent on his accomplishments and devoted service to
county citizens.
Mr. Stegmaier presented Chief Nugent with an acrylic statue
and county watch, congratulated him on his retirement and
expressed appreciation for his outstanding service to the
county.
Chief Nugent, accompanied by his niece, expressed his
appreciation to the Board for the special recognition.
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5.B. RECOGNIZING FIREFIGHTER DALE FIELDS FOR HIS HEROIC
EFFORTS
Chief Seater introduced Firefighter Dale Fields, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, on July 7, 2012, Firefighter Dale Fields was
off-duty and was launching his personal boat at the Dutch Gap
Boat Landing on the James River to go fishing; and
WHEREAS, as Firefighter Fields started to move away from
the boat ramp, he noticed a boat in the river, approximately
one-quarter of a mile from the shore line, which appeared to
be on fire; and
WHEREAS, Firefighter Fields immediately navigated his
boat to the scene and was faced with a pleasure boat heavily
involved in fire and free-floating in the river, as well as
several individuals swimming to shore; and
WHEREAS, Firefighter Fields was faced with two
individuals from the boat who were not swimming, but
struggling to stay afloat; and
WHEREAS, Firefighter Fields immediately entered the
water, secured the closest victim and swam to his boat, which
had begun to float down river; and
WHEREAS, Firefighter Fields continued to hold the victim
above the water line, retrieved his boat and maneuvered the
boat and the victim to the shore, saving the victim's life;
and
WHEREAS, Firefighter Fields quickly returned to the site
to locate the second victim, who had unfortunately gone below
the surface of the water; and
WHEREAS, Firefighter Fields marked the spot where he
last saw the second victim, using an anchor, rope and buoy,
which proved critically important, as the arriving members of
the SCUBA Rescue Team were able to immediately begin their
rescue efforts in the best area possible; and
WHEREAS, before the arrival of the SCUBA Rescue Team,
and still exhausted from the first rescue, Firefighter Fields
made four separate dives into the river, attempting to
locate the second victim; and
WHEREAS, unable to locate this victim, Firefighter
Fields returned to the boat landing to give the arriving
SCUBA Rescue Team members information on where he placed the
last seen marker, giving them an excellent point to begin
their rescue operation; and
WHEREAS, Firefighter Fields placed his life on the line,
with no equipment or back-up, to save one person and made
numerous attempts to save the life of another; and
WHEREAS, critical to this incident, Firefighter Fields
had the presence of mind to mark the last seen spot of the
second victim, which proved to be invaluable to the divers;
and
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WHEREAS, Firefighter Fields was selected by his peers as
a 2012 Nationwide "Top 20" of Heroism Awards by FIREHOUSE
Magazine; and
WHEREAS, on October 9, 2012, the Chesterfield Department
of Fire and EMS awarded Firefighter Fields with its highest
level of bravery - The Department Medal of Valor.
NOW, THEREFORE, BE IT RESOLVED
County Board of Supervisors, this 18th
publicly recognizes the contributions
Fields and expresses the appreciation
his courageous and unselfish acts in
citizen.
that the Chesterfield
day of September 2013,
of Firefighter Dale
of all residents for
saving the life of a
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Firefighter Dale Fields and that
this resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
Ms. Jaeckle presented the executed resolution to Firefighter
Fields and commended him on his courageous and unselfish act
in saving the life of a citizen.
Mr. Elswick, Mr. Holland and Mr. Warren all highly praised
Firefighter Fields for his brave act of heroism.
Mr. Stegmaier also commended Firefighter Fields for his
courageous deed.
5.C.
DEPARTMENT, UPON HIS RETIREMENT
RECOGNIZING CORPORAL MICHAEL D. NASH, POLICE
Col. Dupuis introduced Corporal Michael D. Nash, who was
present to receive the resolution.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Corporal Michael D. Nash retired from the
Chesterfield County Police Department on August 1, 2013,
after providing nearly 32 years of dedicated and professional
service to the citizens of Chesterfield County; and
WHEREAS, Corporal Nash has faithfully served the county
in the capacity of Police Officer, Senior, Master, Career
Police Officer and Corporal; and
WHEREAS, during his tenure, Corporal Nash has served as
a Field Training Officer, Desk Officer, Lead Driving Training
Instructor, member of the Honor Guard, Motorcycle Unit, and
Crash Team Investigator; and
WHEREAS, Corporal Nash is also a National Highway
Traffic Safety Administration (NHTSA) Certified Child Safety
Seat Technician Instructor and a Certified Federal Motor
Carrier Inspector; and
WHEREAS, due to his extensive knowledge of traffic and
crash reconstruction, Corporal Nash is known as an expert in
traffic matters and is dedicated to traffic safety; and
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WHEREAS, Corporal Nash was instrumental in the opening
of the Enon Driver Training Facility and the development of a
new driving course, and he also developed an internal siren
system for the facility, which provided for a high level of
training for officers while maintaining a positive
relationship with the facility's adjoining neighbors; and
WHEREAS, Corporal Nash received a Meritorious Service
Award for his development and participation in the "Sears
Presentation" program, created with Jessica Sears, which
increases awareness of potentially harmful effects of high
speed driving and has been presented to law enforcement
agencies nationwide; and
WHEREAS, Corporal Nash has received numerous letters of
commendation, thanks and appreciation during his career from
the citizens of Chesterfield County for service rendered; and
WHEREAS, Corporal Nash has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Corporal Nash's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 18th day of September 2013,
publicly recognizes Corporal Michael D. Nash, and extends on
behalf of its members and the citizens of Chesterfield
County, appreciation for his service to the county,
congratulations upon his retirement, and best wishes for a
long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Corporal Nash, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
Ms. Jaeckle presented the executed resolution to Corporal
Nash and commended him on his many years of loyal and
dedicated service.
Mr. Warren, Mr. Elswick and Mr. Holland highly praised
Corporal Nash for his diligent and loyal service to the
citizens of the county.
Mr. Stegmaier presented Corporal Nash with an acrylic statue
and county watch and expressed appreciation for his
outstanding service to the county.
Corporal Nash, accompanied by his loved ones, expressed his
appreciation to the Board for the special recognition.
Mr. Stegmaier recognized First Sergeant D. Wayne Holland who
was in the audience, and commended his efforts for building a
great relationship that the county has with the Virginia
State Police.
6. WORK SESSIONS
There were no Work Sessions at this time.
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7. DEFERRED ITEMS
7.A. CONSIDERATION OF RESOLUTION AUTHORIZING ACCEPTANCE OF A
RECREATIONAL TRAILS PROGRAM GRANT FOR THE R. GARLAND
DODD PARK AT POINT OF ROCKS
Mr. Golden stated state funds could not be redirected to the
Pocahontas State Park trail program; however, it was
suggested that the grant program should be examined for a
possible source of funds that could be directly applied by
Pocahontas State Park.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
authorized the County Administrator to execute a grant
agreement with the Virginia Department of Conservation and
Recreation for construction of trails at R. Garland Dodd
Park.
And, further, the Board adopted the following resolution:
RESOLUTION AUTHORIZING ACCEPTANCE OF A
RECREATIONAL TRAILS PROGRAM GRANT FOR R. GARLAND DODD PARK
AT POINT OF ROCKS
WHEREAS, under the provisions of the Recreational Trails
Program, federal funding assistance is requested to aid in
financing the cost of the construction and/or rehabilitation
of recreational trails and trail related facilities; and
WHEREAS, Chesterfield County considers it in the best
public interest to complete the R. Garland Dodd/Point of
Rocks Park recreational trail project described in the
preliminary application and proposal description and
environmental screening application.
NOW, THEREFORE, BE IT RESOLVED that:
1. The County Administrator be authorized to complete
the formal application and project administration process to
DCR for funding assistance, to include application, agreement
and funding of the project;
2. Any fund assistance received shall be used for
implementation and completion of R. Garland Dodd/Point of
Rocks Park Recreational trail project within the specified
timeframe;
3. Chesterfield County hereby certifies that project
funding is committed and will be derived from the Parks and
Recreation Capital Improvement Program;
4. We acknowledge that we are responsible for supporting
all non-cash commitments to this project should they not
materialize;
5. We are aware that the grant, as approved by the
Federal Highway Administration, will be paid on an 80-20
reimbursement basis. This means we may only request payment
after eligible and allowable costs have already been paid and
remitted to our vendors and evidence of such has been
provided to DCR in the format required by the project
agreement;
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6. This resolution becomes part of a formal application
and project administration process to the Virginia Department
of Conservation & Recreation;
7. We acknowledge that we are responsible for compliance
with the National Environmental Policy Act, Endangered
Species Act, Historic Preservation Act and all applicable
state and federal laws provided appropriate opportunity for
public comment on this application; and
8. We acknowledge that appropriate opportunity for
public comment will be provided on this application and
project administration process and evidence of such is a
required component for approval.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
7.B. CONSIDERATION OF LEASE OF REAL PROPERTY AT THE SOFTBALL
COMPLEXES AT HARRY G. DANIEL PARK AT IRON BRIDGE AND
WARBRO ATHLETIC COMPLEX FOR THE OPERATION OF SOFTBALL
PROGRAMS
Mr. Golden referenced the results of the audit of the current
lease and noted that a draft for a new request for proposal
under the new terms has been completed. He expressed his
appreciation to county staff and representatives of the
softball community who addressed some issues and provided
insight relative to the lease. He noted staff is prepared to
make changes to documents at the Board's request. He
expressed appreciation to the Board for their patience during
the process.
Mr. Warren stated unfortunate circumstances were beyond the
control of staff and the current contractor; however, the
results have put the county in a disparaging spotlight. He
further stated staff needs to spend more time making sure
information provided by the softball players is clear and
included in future proposals. He stressed the importance of
clarifying the work that is to be done, as well as,
specifications. He expressed concerns relative to
requirements not being managed to the full extent.
Ms. Jaeckle stated examination of the lease has turned into a
very arduous process. She further stated she has taken into
consideration all of the comments and concerns relative to
the issue. She stated she was very concerned about the
violations of the lease and the audit results; however, she
stated she believes the current lessee was unable to
substantiate certain conditions. She expressed concerns
relative to the possibility of county micromanagement of
conditions, without giving the lessee a chance to make
improvements and follow certain guidelines. She stated she
believes the current lessee is a competent vendor.
Mr. Holland stated Mr. Tiller appears to be doing a fine job;
however, he stated he cannot gain a comfortable understanding
relative to the current agreement. He stressed his approval
with the idea to advertise and complete a new request for a
proposal.
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Discussion ensued relative to conditions required to increase
adult softball.
Mr. Holland noted he was very pleased to have his concerns
addressed by staff; however, he expressed his general
uneasiness relative to the process.
Mr. Elswick stressed the importance of ensuring county
residents that a professional business is operating the adult
softball programs. He stated the results of the audit reflect
a failure by the county and the lessee.
Discussion ensued relative to the results of the audit.
In response to Mr. Warren's questions, Mr. Golden stated the
current lease will expire on December 31, 2013. He further
stated softball teams will commence with practice in the
spring of 2014. He noted the request for proposal has been
drafted.
In response to Mr. Warren's question, Mr. Mincks stated the
request for proposal is prepared to re-advertise at the
Board's desire.
Mr. Warren then made a motion, seconded by Mr. Holland, for
the Board to approve advertising and completing a new request
for proposals of lease of real property at the softball
complexes at Harry G. Daniel Park at Iron Bridge and Warbro
Athletic Complex for the operation of softball programs.
Ayes:
Nays:
Absent
7.C.
Elswick, Warren and Holland.
Jaeckle.
Gecker.
POLICY
CONSIDERATION OF PROPOSED REVISIONS TO THE CASH PROFFER
Mr. Carmody stated on August 28, 2013, the Board of
Supervisors held a work session on cash proffers to review
two topics: 1) cash proffer payment amounts relative to the
maximum cash proffer; and 2) differentiation in the maximum
cash proffer based on housing type. He further stated during
the work session, with respect to topic #1, staff presented.
options the Board could implement if they desired to limit
escalated per dwelling unit cash proffer payment amounts to
no more than the Board established maximum cash proffer in
place at the time of payment. He stated with respect to topic
#2, staff has provided the Board with information related to
the schedule. He further stated as part of the Board's
discussion at the last meeting, a proposal was made and
discussed that would amend the Board's cash proffer policy to
allow per dwelling unit cash proffer payments to be fixed at
the amount approved for a period of three years after
approval of a zoning request. He stated the proffer would
then be escalated to reflect the cumulative three-year change
in the index. Thereafter, he stated the approved cash proffer
amount would be escalated annually by the annual change in
the Marshall and Swift Building Cost Index. He noted if the
Board wishes to adopt this proposal and therefore exclude per
dwelling unit cash proffer amounts from escalation for a
period of three years, staff would recommend adoption of the
attached policy revision. He stated if adopted, this approach
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provides relief from escalation for a defined time period;
retains the ability for payment amounts to escalate if
development continues beyond three years from approval of the
zoning; and discourages so called "land banking" of zoning
conditions, particularly the cash proffer. He further stated
to enact this proposal, the Board could adopt the proposed
policy revision and thereafter, an applicant would have to
propose, and the Board would have to approve, proffered
conditions to effect the described change - a policy revision
alone cannot amend already approved zoning conditions. He
stated such conditions could be offered in a new zoning case
and furthermore, for existing cases with cash proffers,
property owners can file an application to amend the cash
proffer associated with already zoned properties. He noted if
brought forward as an amendment to an approved case, staff
would recommend that the existing zoning fee (currently
$1,500) for amending conditions remain unchanged. He stated
staff recommends leaving the fee unchanged as the cost of
processing the application including advertisements, posting
of properties, notice provisions, and presumed neighborhood
meetings is deemed to be in line with the effort for
processing other types of amendments subject to the same fee
structure.
In response to Mr. Holland's questions, Mr. Carmody stated
the proposal before the Board goes some distance to create an
incentive for someone to complete a project in a timely
manner, to get it started and well underway, otherwise the
developer will be subject to escalation under the proposal.
He further stated cash proffer amounts shall be fixed for a
period of three years beginning on July 1 of the fiscal year
in which a case is approved. He further stated thereafter,
cash proffer amounts shall be automatically adjusted,
annually, by the annual change in the Marshall and Swift
Building Cost Index on July 1 of each year.
Mr. Holland expressed concerns relative to cash proffers and
time value of money.
In response to Ms. Jaeckle's concern, Mr. Carmody stated the
Board could offer some relief through another action if the
circumstance arises that the three-year time period has
elapsed and a developer's proffer is in an escalated
position.
In response to Mr. Stegmaier's question, Mr. Carmody stated
the proposal does not present the concept relative to the
amount an individual would pay based on the lesser of the
escalated proffer amount or the maximum amount established by
the Board. Mr. Mincks stated the Board could accept an
applicant's proffered condition that establishes that
concept.
In response to Mr. Warren's question relative to deferred
zoning cases, Mr. Carmody stated some Planning Commissioners
are looking for direction and guidance from the Board of
Supervisors, in terms of policy implementation, and further
noted that staff can make recommendations on cases brought
forward under the existing policy.
Mr. Elswick noted a few of the deferred cases Mr. Warren was
referring to are in the Matoaca District, and he assured the
Board those cases would move as quickly as possible.
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Mr. Warren expressed his approval of the proposal.
Ms. Jaeckle stated the three-year time period is unrealistic
relative to site plans and how long it takes to push a case
through the system. She urged the Board to consider changing
the time period from three years to four years before the
amount is automatically adjusted.
Discussion ensued relative to policy modifications to fix
payment amounts for a period of four years.
Mr. Warren made a motion, seconded by Mr. Holland, for the
Board to adopt the following cash proffer policy
modifications to fix payment amounts for a period of four
years:
10. The Board of Supervisors has established $18,966 as the
maximum per dwelling unit cash proffer that it will
accept in a zoning case. The Board has also established
that, absent other Board action, approved per dwelling
unit cash proffer amounts shall be fixed for a period of
four years beginning on July 1 of the fiscal year in
which a case is approved. Thereafter, cash proffer
amounts shall be automatically adjusted, annually, by
the annual change in the Marshall and Swift Building
Cost Index on July 1 of each year, subject to paragraph
11, below.
11. The amount of the first adjustment for the per dwelling
unit cash proffer for approved cases, absent any other
Board action, shall be an amount equal to the per
dwelling unit cash proffer amount approved with the case
adjusted for the four year cumulative change in the
Marshall and Swift Building Cost Index between July 1 of
the year in which the case was approved and July 1 four
years later. Thereafter, the per dwelling unit cash
proffer amount shall be automatically adjusted,
annually, by the annual change in the Marshall and Swift
Building Cost Index on July 1 of each year.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment to the Richmond Area
Metropolitan Planning Organization, Youth Services Citizen
Board, GRTC Board of Directors, Board of Building Code
Appeals, Airport Advisory Board and Committee on the Future.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
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8.A.1. RICHMOND AREA METROPOLITAN PLANNING ORGANIZATION
On motion of Mr. Holland, seconded by Mr. Warren, the Board
simultaneously nominated/appointed Mr. Stephen Elswick to
serve on the Richmond Area Metropolitan Planning
Organization, whose term is effective immediately and will
expire on December 31, 2015.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.A.2. YOUTH SERVICES CITIZEN BOARD
On motion of Mr. Holland, seconded by Mr. Warren, the Board
simultaneously nominated/appointed/reappointed Ms. Julie
Ranson and Mr. David Glass to serve on the Youth Services
Citizen Board, whose terms are effective on October 1, 2013
and will expire on June 30, 2016.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.A.3. GRTC BOARD OF DTRF.CTnRG
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
simultaneously nominated/appointed Mr. David K. Smith, Mr.
David Matthews and Mr. Gary Armstrong to serve on the GRTC
Board of Directors, whose terms are effective on October 10,
2013 and will expire on October 9, 2014.
And, further, the Board authorized the County Administrator
or his designee to appear at the annual meeting and vote of
behalf of the county for the GRTC Directors appointed by the
Chesterfield County Board of Supervisors and by the Richmond
City Council.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.A.4. BOARD OF BUILDING CODE APPEALS
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
simultaneously nominated/reappointed Mr. Robert W. Andrus,
Mr. Steven M. Applegate, Mr. Michael C. Bricker, Mr. William
G. Fields, Mr. Mike Gill and Mr. Timothy D. Grider to serve
on the Board of Building Code Appeals, whose terms are
effective immediately and will expire on September 17, 2015.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
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8.A.5. AIRPORT ADVISORY BOARD
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
simultaneously nominated/appointed Mr. Steve Uphoff,
representing the Matoaca District, to serve on the Airport
Advisory Board, whose term is effective immediately and will
expire on May 22, 2014.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.A.6. COMMITTEE ON THE FUTURE
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
simultaneously nominated/appointed Mr. Willie H. Lewis, Jr.,
representing the Matoaca District, to serve on the Committee
on the Future at the pleasure of the Board.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8.B.l.a. RECOGNIZING OCTOBER 6-12, 2013, AS "FIRE PREVENTION
WEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the County of Chesterfield is committed to
ensuring the safety and security of all those living in and
visiting our county; and
WHEREAS, fire is a serious public safety concern both
locally and nationally, and homes are where people are at
greatest risk to fire; and
WHEREAS, home fires killed more than 2,500 people in the
United States in 2011, according to the latest research from
the nonprofit National Fire Protection Association (NFPA),
and fire departments in the United States responded to more
than 370,000 home fires; and
WHEREAS, cooking is the leading cause of home fires in
the United States where fire departments responded to more
than 156,000 annually between 2007 and 2011; and
WHEREAS, two of every five home fires start in the
kitchen; and
WHEREAS, unattended equipment was a factor in one-third
of the reported cooking fires; and
WHEREAS, 57 percent of reported non-fatal home cooking
fire injuries occurred when the victims tried to fight the
fire themselves; and
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WHEREAS, Chesterfield County residents should stay in
the kitchen at all times while cooking, keep a three-foot
kid-free zone around cooking areas and keep anything that can
catch fire away from stove tops; and
WHEREAS, Chesterfield County residents who have planned
and practiced a home fire escape are more prepared and will,
therefore, be more likely to survive a fire; and
WHEREAS, working smoke alarms cut the risk of dying in
reported home fires in half; and
WHEREAS, Chesterfield Fire and EMS personnel are
dedicated to reducing the occurrence of home fires and home
fire injuries through prevention and protection education;
and
WHEREAS, Chesterfield County residents are responsive to
public education measures and are able to take personal steps
to increase their safety from fire, especially in their
homes; and
WHEREAS, the 2013 Fire Prevention Week theme, "Prevent
Kitchen Fires" effectively serves to remind us to stay alert
and use caution when cooking to reduce the risk of kitchen
fires.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes October 6-12, 2013, as
"Fire Prevention Week" throughout the county, and urges all"
the citizens of Chesterfield County to check their kitchens
for fire hazards during Fire Prevention Week 2013, and to use
safe cooking practices all year.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.B.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.B.1.b.1. SERGEANT MATTHEW D. MCCARTNEY, POLICE DEPARTMENT
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Sergeant Matthew D. McCartney will retire from
the Chesterfield County Police Department on October 1, 2013,
after providing more than 25 years of dedicated and
professional service to the citizens of Chesterfield County;
and
WHEREAS, Sergeant McCartney has faithfully served the
county in the capacity of Patrol Officer, Senior, Master,
Career Officer, Corporal and Sergeant; and
WHEREAS, during his tenure, Sergeant McCartney has
served as a Field Training Officer, Evidence Technician,
D.A.R.E. Officer, Desk Officer, Patrol Rifle Operator, Police
Recruiter, and Spanish Speaking Liaison; and
WHEREAS, Sergeant McCartney has been a long-term member
of the Police Honor Guard where he has served as Honor Guard
Coordinator, and he and his fellow unit members have received
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two unit citations for their exemplary work and
professionalism displayed during numerous assignment details;
and
WHEREAS, Sergeant McCartney has served as the Assistant
Squad Leader for the Special Response Unit; and
WHEREAS, Sergeant McCartney received a Chief's
Commendation for the apprehension of an armed robbery suspect
following a pursuit, when his veteran police skills and
instincts were instrumental in bringing the incident to a
successful conclusion; and
WHEREAS, Sergeant McCartney was recognized with a
National Service Award for his selfless gift of service in
assisting his fellow brother and sister law enforcement
officers and the citizens of Mississippi in the aftermath of
Hurricane Katrina; and
WHEREAS, Sergeant McCartney was the recipient of a
Chief's Commendation Award for an exemplary display of
teamwork during a call of a suspicious person with a weapon,
when he and his fellow officers successfully wrestled the gun
away from and arrested the combative subject, thereby
averting a potential tragedy; and
WHEREAS, Sergeant McCartney has received numerous
letters of thanks and appreciation from the citizens of
Chesterfield County for service rendered; and
WHEREAS, Sergeant McCartney has provided the
Chesterfield County Police Department with many years of
loyal and dedicated service and consistently served as an
outstanding role model during his career; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Sergeant McCartney's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Sergeant Matthew D.
McCartney, and extends on behalf of its members and the
citizens of Chesterfield County, appreciation for his service
to the county, congratulations upon his retirement, and best
wishes for a long and happy retirement.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.B.1.b.2. CORPORAL L. PRESTON PINKLETON, POLICE DEPARTMENT
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Corporal Lawrence Preston Pinkleton will retire
from the Chesterfield County Police Department on October 1,
2013, after providing 25 years of quality service to the
citizens of Chesterfield County; and
WHEREAS, Corporal Pinkleton has faithfully served the
county in the capacity of Police Officer, Detective, and
Detective First Class and has served in various assignments
to include Desk Officer, I.D. Technician, Field Training
Officer, School Resource Officer, Community Policing Officer,
and as a member of the Larceny from Auto Task Force and South
End Task Force; and
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WHEREAS, Corporal Pinkleton successfully obtained the
career development levels of Senior, Master, Career, and
Corporal; and
WHEREAS, Corporal Pinkleton and his fellow School
Resource Officers were recognized with a Unit Citation Award
for achieving a high volume of case resolutions while
maintaining a strong focus on their normal duties at the
schools; and
WHEREAS, Corporal Pinkleton was the recipient of a
Commendation Award for distinguishing himself in the
resolution of a major vandalism case after 72 cases of
vandalism were cleared in the county due to the skills,
abilities and dedication of Corporal Pinkleton and other team
members, and the City of Hopewell was also able to clear 35
similar cases; and
WHEREAS, Corporal Pinkleton is recognized for his
communication and human relations skills, his professionalism
and his teamwork, all of which he has utilized within the
Police Department and in assisting citizens of Chesterfield
County; and
WHEREAS, Corporal Pinkleton has received numerous
letters of thanks and appreciation from the citizens of
Chesterfield County for service rendered; and
WHEREAS, Corporal Pinkleton has provided the
Chesterfield County Police Department with many years of
loyal and dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Corporal Pinkleton's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Corporal Lawrence
Preston Pinkleton, and extends on behalf of its members and
the citizens of Chesterfield County, appreciation for his
service to the county, congratulations upon his retirement,
and best wishes for a long and happy retirement.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.B.1.b.3. CAPTAIN ALBERT S. THOMPSON, III, FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Captain Albert S. Thompson, III will retire
from the Chesterfield Fire and Emergency Medical Services
Department, Chesterfield County, on October 1, 2013; and
WHEREAS, Captain Thompson was hired in October 1982 as
the first certified Paramedic in the organization and
attended Recruit School #13 and has faithfully served the
county for 31 years in various assignments, including as a
Firefighter/Paramedic at the Wagstaff Circle, Manchester,
Buford and Dale Fire and EMS Stations; and
WHEREAS, Captain Thompson was selected for the E.M.S.
Med-Flight I (Medevac) program as its first Chief Flight
Paramedic in April 2004 and served as a Flight Paramedic,
Training Officer and Quality Assurance officer for more than
21 years; and
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WHEREAS, Captain Thompson was recognized by the Virginia
State Police on three occasions for his efforts in performing
helicopter water rescues in the James River in May 1985;
March 1988; and May 2004; and
WHEREAS, Captain Thompson served on the Commonwealth of
Virginia Department of Health, Office of Emergency Medical
Services Statewide Medevac Committee and Hazardous Materials
and Emergency Medical Services Committee; and
WHEREAS, Captain Thompson developed and managed the
training program, "Hazardous Materials Training for Emergency
Medical Services", for the Commonwealth of Virginia
Department of Health, Office of Emergency Medical Services;
and
WHEREAS, Captain Thompson obtained his Master's Degree
in Adult Education from Virginia Commonwealth University in
May 1991; and
WHEREAS, Captain Thompson, with the approval and support
of a Medical Control Physician, performed the first-known
field amputation by a pre-hospital care provider in Virginia
in order to save a person's life in November 1997; and
WHEREAS, Captain Thompson was promoted to Lieutenant in
June 2007, and served at the Ettrick and Swift Creek Fire and
EMS Stations; and
WHEREAS, Captain Thompson was promoted to Captain in
October 2010, and served as the Deputy Director of Emergency
Medical Services; and
WHEREAS, Captain Thompson has served as the department's
Infection Control Officer, Privacy Officer, Pharmacy Control
Officer, Custodian of Medical Records and as the Treasurer of
the Chesterfield EMS Advisory Committee; and
WHEREAS, Captain Thompson participated on regional and
state Emergency Medical Services (EMS) Committees to enhance
the training and delivery of EMS locally, regionally and
statewide; and
WHEREAS, Captain Thompson has served as an Emergency
Medical Technician - Instructor, Basic Life Support
(CPR)Instructor; Advance Cardiac Life Support Instructor and
a Pre-Hospital Trauma Life Support Instructor during his time
with Chesterfield Fire and EMS; and
WHEREAS, Captain Thompson has instructed and lectured at
regional, state and national Emergency Medical Services
Conferences and Continuing Education classes; and
WHEREAS, Captain Thompson has received numerous county
and state EMS Lifesave and Unit awards.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Captain Albert S. Thompson, III, expresses the appreciation
of all residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
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09/18/13
8.B.2. DONATION OF SURPLUS PROPERTY TO THE VIRGINIA
DEPARTMENT OF FORENSIC SCIENCE
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved the donation of surplus ammunition from the Police
Department to the Virginia Department of Forensic Science.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.B.3. APPROVAL OF DESIGN, APPROPRIATION OF FUNDS AND
AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR
THE EAST RIVER ROAD WIDENING PROJECT
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved the design of the East River Road Widening Project;
appropriated and/or transferred up to $3,600,000 from the
identified sources with the understanding that the Industrial
Access and other project funds temporarily borrowed will be
repaid upon VDOT approval of the FY15 Revenue Sharing funds
for the River Road Widening Project; and authorized award of
a construction contract, up to $6,100,000, to the lowest
responsive and responsible bidder(s).
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.B.5. STATE ROADS ACCF.PTANCF
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees a
clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
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Project/Subdivision: Harpers Mill Section 2
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Shady Banks Drive, State Route Number 4209
From: Featherchase Drive, (Route 4215)
To: Lowwin Lane, (Route 7714), a distance of: 0.09 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 55
• Wintic Place, State Route Number 7722
From: Badestowe Drive, (Route 7720)
To: Cul-de-Sac, a distance of: 0.02 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 50
• Thirsk Lane, State Route Number 7719
From: Blackrail Road, (Route 7717)
To: Cul-de-Sac, a distance of: 0.01 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 55
• Blackrail Road, State Route Number 7717
From: Shady Banks Drive, (Route 4209)
To: Cul-de-Sac, a distance of: 0.08 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 50
• Thirsk Lane, State Route Number 7719
From: Blackrail Road, (Route 7717)
To: Badestowe Drive, (Route 7720), a distance of: 0.08
miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 55
• Badestowe Drive, State Route Number 7720
From: Wintic Place, (Route 7722)
To: Deeley Lane, (Route 7723), a distance of: 0.09 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 55
• Badestowe Drive, State Route Number 7720
From: Deeley Lane, (Route 7723)
To: Cul-de-Sac, a distance of: 0.03 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 55
• Deeley Lane, State Route Number 7723
From: Badestowe Drive, (Route 7720)
To: End of Maintenance, a distance of: 0.05 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 55
• Shady Banks Drive, State Route Number 4209
From: Monks Place, (Route 7716)
To: Blackrail Road, (Route 7717), a distance of: 0.06
miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 55
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• Shady Banks Drive, State Route Number 4209
From: Blackrail Road, (Route 7717)
To: Cul-de-Sac, a distance of: 0.06 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 50
• Badestowe Drive, State Route Number 7720
From: Thirsk Lane, (Route 7719)
To: Cul-de-Sac, a distance of: 0.08 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 50
• Badestowe Drive, State Route Number 7720
From: Badestowe Court, (Route 7721)
To: Wintic Place, (Route 7722), a distance of: 0.07 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 55
• Blackrail Place, State Route Number 7718
From: Blackrail Road, (Route 7717)
To: Cul-de-Sac, a distance of: 0.03 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 50
• Badestowe Court, State Route Number 7721
From: Badestowe Drive, (Route 7720)
To: Cul-de-Sac, a distance of: 0.07 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 50
• Shady Banks Drive, State Route Number 4209
From: Lowwin Lane, (Route 7714)
To: Monks Place, (Route 7716), a distance of: 0.07 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 55
• Lowwin Terrace, State Route Number 7715
From: Lowwin Lane, (Route 7714)
To: Cul-de-Sac, a distance of: 0.03 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 50
• Lowwin Terrace, State Route Number 7715
From: Lowwin Lane, (Route 7714)
To: Cul-de-Sac, a distance of: 0.04 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 50
• Monks Place, State Route Number 7716
From: Shady Banks Drive, (Route 4209)
To: Cul-de-Sac, a distance of: 0.02 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 50
• Blackrail Road, State Route Number 7717
From: Shady Banks Drive, (Route 4209)
To: Blackrail Place, (Route 7718), a distance of: 0.06
miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 55
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k L State Route Number 7719
• Thirs ane,
From: Badestowe Drive, (Route 7720)
To: End of Maintenance, a distance of: 0.03 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 55
• Lowwin Lane, State Route Number 7714
From: Shady Banks Drive, (Route 4209)
To: Lowwin Terrace, (Route 7715), a distance of: 0.04
miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 50
• Badestowe Drive, State Route Number 7720
From: Thirsk Lane, (Route 7719)
To: Badestowe Court, (Route 7721), a distance of: 0.13
miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 55
• Blackrail Road, State Route Number 7717
From: Blackrail Place, (Route 7718)
To: Thirsk Lane, (Route 7719), a distance of: 0.04 miles.
Recordation Reference: Plat Book 191, Page 64
Right of Way width (feet) = 55
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.B.6. APPROVAL OF MEMORANDA OF UNDERSTANDING FOR RADIO
INTEROPERABILITY BETWEEN THE CHESTERFIELD COUNTY
POLICE DEPARTMENT AND THE CITY OF COLONIAL HEIGHTS,
POWHATAN COUNTY AND THE CITY OF HOPEWELL
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved memoranda of understanding for radio
interoperability between the Chesterfield County Police
Department and the City of Colonial Heights, Powhatan County
and the City of Hopewell, and authorized the Chief of Police
to execute the memoranda of understanding on behalf of the
county.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.B.7. REQUEST FOR PERMISSION FROM DAVID S. CLEMENTS AND
ELIZABETH B. CLEMENTS FOR A PROPOSED CONCRETE
DRIVEWAY TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE
EASEMENT ACROSS LOT 27, SUMMER LAKE, SECTION 6
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
granted David S. Clements and Elizabeth B. Clements
permission for a proposed concrete driveway to encroach
within a 16' drainage easement across Lot 27, Summer Lake,
Section 6, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
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09/18/13
8.B.8. ACCEPTANCE OF PARCELS OF LAND
8.B.8.a. ALONG CHARTER COLONY PARKWAY AND LEGORDON DRIVE
FROM CHARTER (E&A), LLC
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
accepted the conveyance of three parcels of land containing a
total of 0.990 acres along Charter Colony Parkway and
LeGordon Drive from Charter (E&A), LLC and authorized the
County Administrator to execute the deed. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.B.8.b. ALONG WEST HUNDRED ROAD FROM DDR BERMUDA SQUARE LLC
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16' drainage easement across property of DDR
Bermuda Square LLC. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.B.8.c. ALONG IRON BRIDGE ROAD FROM FAITH MEMORIAL BAPTIST
CHURCH
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.227
acres along Iron Bridge Road from Faith Memorial Baptist
Church, and authorized the County Administrator to execute
the deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
8.B.9. REQUESTS TO QUITCLAIM
8.B.9.a. A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT AND
TEMPORARY VIRGINIA DEPARTMENT OF TRANSPORTATION
DRAINAGE EASEMENTS ACROSS THE PROPERTY OF CHARTER
(E&A), LLC
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16' drainage easement and temporary VDOT
drainage easements across the property of Charter (E&A), LLC.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
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8.B.9.b.
ACROSS PROPERTY OF DDR BERMUDA SQUARE LLC
A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16' drainage easement across the property of DDR
Bermuda Square LLC. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes:
Nays:
Absent:
8.B.10.
Jaeckle, Elswick, Warren and Holland.
None.
Gecker.
APPROVAL OF CHANGE ORDER NUMBER ONE FOR THE ELKHARDT
WATER TANK RENOVATIONS PROJECT
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved Change Order Number One for the Elkhardt 2.5 Million
Gallon Tank Renovations Project in the amount of $121,300 and
authorized the County Administrator to execute the necessary
documents.
Ayes: Jaeckle,
Nays: None.
Absent: Gecker.
9. REPORTS
Elswick, Warren and Holland.
9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
accepted the following report: a Report on Status of General
Fund Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
10.
MATTERS
FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
Ms. Renee Farkas urged the Board to create an interactive web
page in order for citizens to log complaints/concerns
regarding the Shoosmith Landfill.
Mr. Holland stated a committee has been formed to resolve and
address citizens' concerns relative to the landfill.
Mr. Stegmaier informed Ms. Farkas that a IST staff member
would be contacting her in the near future.
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11. DINNER
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
recessed to Room 504 for dinner with members of the Planning
Commission.
Ayes: Jaeckle, Elswick,
Nays: None.
Absent: Gecker.
Reconvening:
Warren and Holland.
Ms. Jaeckle noted Mr. Gecker's absence from the meeting.
12. INVOCATION
Dr. Sheryl Bailey, Deputy County Administrator, gave the
invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Thomas Godon led the Pledge of Allegiance.
14. RESOLUTIONS
14.A. RECOGNIZING OCTOBER 8, 2013, AS "CHRISTMAS MOTHER DAY"
IN CHESTERFIELD COUNTY
Ms. Sharpe introduced Ms. Ann Muttart, who was present to
receive the resolution.
On motion of Mr. Warren, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, most families in Chesterfield County enjoy
peace and happiness during the Christmas holidays; and
WHEREAS, there are many children and elderly who are
less fortunate and do not have the means to enjoy this
special time of year; and
WHEREAS, the Chesterfield-Colonial Heights Christmas
Mother Program has successfully provided food, gifts and
clothing to many of our citizens in the past; and
WHEREAS, Ms. Ann Muttart has been elected Christmas
Mother for 2013 and requests the support of all the citizens
of Chesterfield County to ensure that those less fortunate
may enjoy this special season of the year.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 18th day of September 2013,
publicly recognizes October 8, 2013, as "Christmas Mother
Day" and urges all citizens of Chesterfield County to support
this worthy endeavor.
AND, BE IT FURTHER RESOLVED that the Board of
Supervisors publicly commends the Christmas Mother Program
for its successful efforts in past years and extends best
wishes for a successful 2013 season.
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AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Muttart and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
Ms. Jaeckle presented the executed resolution and
contribution to Ms. Muttart on behalf of the county and
wished her success as Christmas Mother.
Ms. Muttart expressed her appreciation and provided
information to the Board regarding the Christmas Mother
program.
14.B.
MONTH" IN CHESTERFIELD COUNTY
RECOGNIZING SEPTEMBER 2013 AS "WORKFORCE DEVELOPMENT
Ms. Snead introduced Ms. Karen Aylward, Ms. Sara Dunnigan,
Mr. Will Verze, and Mr. Adam Austin who were present to
receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, meaningful employment is fundamental to
maintaining a healthy and vibrant economy as well as to
providing the Capital Region with a sense of self-worth and
contribution to their families and communities; and
WHEREAS, the workforce of the Capital Region is the
region's greatest asset and is vital to the region's ability
to expand economic opportunities and firmly establish and
maintain the Capital Region as a global leader in the 21St
century; and
WHEREAS, the dedicated men and women who support the
workforce talent needs of the Capital Region through the
Capital Region Workforce Partnership, which includes: the
Resource Workforce Investment Board, the Capital Region
Consortium of Elected Officials, the Capital Region Youth
Council, and the Organizations and Agencies that staff the
Resource Workforce Centers; all working with business,
education, economic development, government, community based
and faith based organizations and a myriad of training
providers and other critical partners, are committed to
assisting the Capital Region during these extraordinary
economic times by providing exemplary career training and
employment assistance to more than 23,000 citizens annually
through the Resource Workforce Centers and Resource
Community-Based Share Sites; and
WHEREAS, the Capital Region's workforce system serves
as a single point of contact for business, economic
development and job seekers alike in the City of Richmond and
the Counties of Charles City, Chesterfield, Goochland,
Hanover, Henrico, New Kent and Powhatan; and
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WHEREAS, the Capital Region Workforce Partnership
remains firmly committed to the top priority of helping
unemployed citizens get back to work with new and/or enhanced
skills and credentials; assisting youth establish and
implement their plans for post-secondary education and
training; and assisting those who are employed with advancing
within their career pathways and professions while
maintaining the workforce system's demand-driven, business
led focus and strengthening the Capital Region's Talent
Supply Chain to ensure a sustainable and vibrant economic
future for the Capital Region; and
WHEREAS, the Capital Region is one of fifteen Workforce
Investment Areas in the Commonwealth of Virginia; and
WHEREAS, as a member of the Virginia Workforce Network
engaged in enhancing the Commonwealth's ability to compete
nationally and internationally by assisting employers in
recruiting, retaining, and improving the performance of all
workers and their enterprises.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County, Virginia hereby
recognizes September 2013 as Workforce Development Month and
calls this observance to the attention of all citizens.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
Mr. Holland presented the executed resolution to Ms. Aylward,
Ms. Dunnigan, Mr. Verze, and Mr. Austin and commended them on
the services they provide assisting employers to help improve
the performance of all workers and their potential.
Ms. Aylward, Ms. Dunnigan, Mr. Verze and Mr. Austin expressed
their appreciation to the Board for their continued support.
14.C. RECOGNIZING THE 2013 CHESTERFIELD BASEBALL CLUBS
INCORPORATED BRONCO-II-YEAR-OLD ALL-STAR TEAM FOR ITS
OUTSTANDING ACCOMPLISHMENTS AND ITS EXCELLENT
REPRESENTATION OF CHESTERFIELD COUNTY
Mr. Golden introduced the coaches and players of the 2013
Chesterfield Baseball Clubs Incorporated Bronco-ll-year-old
All-Star Team, who were present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, participation in youth athletics has been an
integral part of Chesterfield County's education, physical
and emotional development for students; and
WHEREAS, Mr.
Baseball Clubs In
coaching and manac
led their team i
incorporated tear
country of Panama;
Ashley Arrowood, coach of the Chesterfield
. Bronco-11 All-Star Team, along with his
~r staff of Brad Chambers and Clint Farrar,
i the Pony Bronco-11 World Series, which
from three different states and the
and
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WHEREAS, under Mr. Arrowood and his staff's direction,
the 2013 CBC Bronco-11 All-Star Team finished the tournament
with an overall record of 4-1 and was crowned the World
Series Champion; and
WHEREAS, the team members include Brandon Arrowood,
Bobby Ayscue, James Cermack, Christian Chambers, Zane
Eggleston, Jacob Farrar, Carson Fuller, Cole Garrett, Jack
Hall, Jaelen Hines, Ethan Iannuzzi, Ben Learner, Grant Vest
and Myles Weeks; and
WHEREAS, the Chesterfield community is extremely proud
of the hard work and dedication displayed by these
outstanding young athletes.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 18th day of September 2013,
publicly recognizes the 2013 Chesterfield Baseball Clubs Inc.
Bronco-11 All-Star Team for its outstanding representation of
Chesterfield County, commends the team members on their
commitment to excellence and sportsmanship, and expresses
best wishes for continued success.
AND, BE IT FURTHER RESOLVED that copies of this
resolution be presented to the members of the 2013
Chesterfield Baseball Clubs Inc. Bronco-11 All-Star Team, and
that this resolution be permanently recorded among the papers
of this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
Mr. Holland presented the executed resolution to Mr. Arrowood
and players of the 2013 Chesterfield Baseball Clubs Inc.
Bronco-11 All-Star Team, and congratulated them on an
excellent season.
Each player of the team introduced themselves.
Mr. Arrowood expressed his appreciation to the Board for the
special recognition.
14.D.
OUTSTANDING CHARITABLE EFFORTS
RECOGNIZING THE MIDLOTHIAN ROTARY CLUB FOR ITS
Mr. Kappel introduced members of the Midlothian Rotary Club
and other organizations.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, there are 34,282 Rotary Clubs and more than 1.2
million members worldwide in Rotary International, one of the
largest social club organizations in the world; and
WHEREAS, the mission of Rotary International clubs is to
provide service to others, promote high ethical standards and
advance world understanding, goodwill and peace through
fellowship of business, professional and community leaders;
and
WHEREAS, the Midlothian Rotary Club is a member
of Rotary International; and
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WHEREAS, the Midlothian Rotary Club was founded in 1983;
and
WHEREAS, Midlothian Rotary Club members include business
owners and local leaders who coordinate projects to benefit
their community; and
WHEREAS, the Magnificent Midlothian Food Festival was
established by the Midlothian Rotary Club in 1988 as an event
to raise funds for charity; and
WHEREAS, early success of the Magnificent Midlothian
Food Festival sparked partnerships with other local Rotary
Clubs; and
WHEREAS, currently, those partnerships include the
Brandermill, Chester, Huguenot Trail, James River and
Powhatan Rotary Clubs; and
WHEREAS, the 25th Magnificent Midlothian Food Festival
will be held on October 2, 2013; and
WHEREAS, through its leadership, the Midlothian Rotary
Club has raised more than 52.5 million for charities
supporting children, families, and the elderly; and
WHEREAS, among the local charities that have benefitted
from the fundraising activities of the Midlothian Rotary Club
are Boys and Girls Clubs of Metro Richmond and Chesterfield;
FeedMore Food Bank/Meals on Wheels; the Midlothian and
Manchester YMCA Bright Beginnings programs; Safe Harbor
Domestic Violence Shelter; St. James' Children's Center;
Chesterfield Communities in Schools and numerous others.
NOW THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 18th day of September 2013,
on behalf of all Chesterfield County residents, offers
congratulations to the Midlothian Rotary Club on the 25th year
of its Magnificent Midlothian Food Festival, expresses
appreciation for the many charitable efforts by Midlothian
Rotary Club members since the club's founding in 1983, and
extends best wishes for continued success.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to the Midlothian Rotary Club, and
that this resolution be permanently recorded among the papers
of this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
Ms. Jaeckle presented the executed resolution to members of
the Midlothian Rotary Club and expressed appreciation for
their many charitable efforts.
Mr. Warren congratulated the Midlothian Rotary Club on the
success of the Midlothian Food Festival.
Members of the Midlothian Rotary Club expressed appreciation
to the Board for the recognition and their continued support.
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14.E. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
Mr. Kappel introduced Mr. Thomas Andrew Godon, Mr. Patrick
Eugene Holder, Mr. Eric Kalata and Mr. Zachary Chase
Scribner, who were present to receive the resolutions.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Thomas Andrew Godon,
Mr. Patrick Eugene Holder, Mr. Eric Kalata and Mr. Zachary
Chase Scribner, all of Troop 2860, sponsored by Woodlake
United Methodist Church, have accomplished those high
standards of commitment and have reached the long-sought goal
of Eagle Scout, which is received by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for a role as leaders in
society, Tom, Patrick, Eric and Zachary have distinguished
themselves as members of a new generation of prepared young
citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 18th day of September 2013,
publicly recognizes Mr. Thomas Andrew Godon, Mr. Patrick
Eugene Holder, Mr. Eric Kalata and Mr. Zachary Chase
Scribner, extends congratulations on their attainment of
Eagle Scout, and acknowledges the good fortune of the county
to have such outstanding young men as its citizens.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
Mr. Elswick and Mr. Warren presented executed resolutions and
patches to Mr. Godon, Mr. Holder, Mr. Kalata and Mr.
Scribner, accompanied by members of their families,
congratulated them on their outstanding achievements, and
wished them well in future endeavors.
Each Eagle Scout provided details of their Eagle Scout
projects and expressed appreciation to their families and
others for their support.
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09/18/13
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Ralph Carter expressed concerns relative to the
imposition of a meals tax.
Mr. Bob Olsen expressed concerns relative to the fee for
providing documents under the Freedom of Information Act.
Ms. Jackie Whitmore expressed concerns relative to the
imposition of a meals tax.
Ms. Julie Ranson expressed concerns relative to the
imposition of a meals tax.
Ms. Carrie Coyner presented information relative to the
annual Massey Classic golf tournament, a special fundraising
event dedicated to the eradication of cancer research,
education and treatment.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
urr~5lTloN - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 18
13SN0131
(AMENDED) In Dale Magisterial District, Terraforge, Inc.
requests amendment of conditional use planned development
(Case 05SN0219) relative to the deletion of cash proffers;
modifications to open space and recreational areas; and
amendment of zoning district map in a Residential (R-12)
District on 174.8 acres fronting 2,400 feet on the east line
of Conifer Road, 480 feet south of Bellbrook Drive. Density
will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential II use (2.0 to 4.0
dwellings per acre). Tax IDs 784-675-1052; 784-676-4783,
5382 and 6098; 784-677-4902; 785-675-2669, 2976, 3080, 3771
and 3975; 785-676-2781, 2890 and 8097; and 785-677-2754,
3100, 3236, 3310, 3418, 3527, 3658 and 4240.
Mr. Turner stated Mr. Holland is requesting that Case
13SN0131 be remanded to the Planning Commission for further
review.
Ms. Carrie Coyner, representing the applicant, concurred with
the remand request.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. Holland made a motion, seconded by Mr. Warren, for the
Board to remand Case 13SN0131 to the Planning Commission.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
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13SN0505
In Bermuda Magisterial District, Jack R. Wilson, III requests
rezoning from Community Business (C-3) to General Business
(C-5) plus conditional use approval and amendment of zoning
district map to permit motor vehicle title lending on .3 acre
known as 11648 Jefferson Davis Highway. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Commercial use. Tax ID 797-659-4137.
Mr. Turner stated Ms. Jaeckle is requesting a 30-day deferral
to the October 23, 2013 regularly scheduled meeting.
Mr. Jack Wilson acknowledged the deferral request.
Ms. Jaeckle stated the Planning Commission approved a new
ordinance for title lending, because it is a legitimate
business in Virginia and cannot be discouraged from the
county. She further stated she met with the applicant and
disclosed that she would not approve the case. She stated the
applicant currently has a fifteen-year lease on the property
and requested a deferral in order to work through lease
issues with the property owner. She expressed concerns
relative to the lot being vacant for a long period of time.
Ms. Jaeckle then called for public comment.
Mr. Van Smith, representing the Chester Community
Association, supported the deferral request. He stated
parking and traffic issues need to be addressed before the
zoning change is approved.
Ms. Muriel Phaup, Bermuda District resident, supported the
deferral request.
There being no one else to speak to the deferral request, the
public hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
deferred Case 13SN0505 until October 23, 2013.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
13SN0539
In Matoaca Magisterial District, MGME Richmond-Harbourside,
LLC requests amendment of conditional use planned development
(Case 88SN0056) relative to uses and amendment of zoning
district map in a Neighborhood Business (C-2) District on 3.3
acres fronting 260 feet on the south line of Hull Street
Road, 210 feet west of Mockingbird Lane. Density will be
controlled by zoning conditions or ordinance standards.-The
Comprehensive Plan suggests the property is appropriate for
Neighborhood Business use. Tax ID 730-674-0607.
Mr. Turner presented a summary of Case 13SN0539 and stated
both the Planning Commission and staff recommended approval
and acceptance of the one proffered condition.
Mr. Michael Rothermel, representing the applicant, accepted
the recommendation.
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09/18/13
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
approved Case 13SN0539 and accepted the following proffered
condition:
Condition 11 of Case 88SN0056, as amended in Case 02SN0236,
be further amended to allow the following uses, in addition
to those already permitted:
a. Antique shops;
b. Art schools, galleries or museums;
c. Artist material and supply stores;
d. Catering establishments;
e. Curio or gift shops;
f. Eyewear sales and services;
g. Meat or seafood markets;
h. Musical instrument stores;
i. Pet shops, including pet grooming;
j. Post offices and mailing services;
k. Schools - music, dance and business;
1. Veterinary clinics;
m. Recreational establishments, commercial-indoor: limited
to dance studios, exercise and fitness studios, health
clubs, martial arts studios, children's activity
centers and other uses of similar intensity and nature
as determined by the Director of Planning;
n. Restaurants, to include carry-out;
o. Secondhand and consignment stores (excluding motor
vehicle consignment lots): provided that any tenant
space shall not exceed 4,400 gross square feet. (P)
(STAFF NOTE: These uses are in addition to those uses
permitted by Case 88SN0056 and Case 02SN0236 and noted in
Attachments 1 and 2.)
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
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13SN0540
In Midlothian Magisterial District, Holiday Signs requests
conditional use to permit an electronic message center sign
and amendment of zoning district map in a General Industrial
(I-2) District on 26 acres fronting in three (3) places for a
total of 260 feet on the north line of Midlothian Turnpike,
west of Watkins Centre Parkway, also fronting in two (2)
places for a total of 1150 feet on the west line of Watkins
Centre Parkway, north of Midlothian Turnpike. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Regional Mixed use. Tax IDs 714-711-9668; 715-711-4068,
8015, 8238; and 715-712-3410.
Mr. Turner presented a summary of Case 13SN0540 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Evan Opel, representing the applicant, accepted the
recommendation.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved Case 13SN0540 and accepted the following proffered
conditions:
1. In addition to Ordinance requirements, any computer-
controlled, variable message, electronic sign shall
conform to the following standards:
a. Copy shall be limited to a maximum of three (3)
lines and shall not move but may fade;
b. The message or display shall be programmed to
change no more than once every thirty (30) seconds;
c. Sequential messaging shall be prohibited;
d. Flashing and traveling messages shall be
prohibited;
e. Bijou lighting and animation effects shall be
prohibited;
f. The electronic message center shall be incorporated
into an architecturally designed sign structure
that is compatible and complimentary to the
building it serves; and
g. Brightness shall be limited so as not to exceed 0.3
foot candles above ambient light as measured using
a foot candle meter at a distance of 100 feet. The
computer-controlled, variable message, electronic
sign shall have a photocell that automatically
adjusts the brightness according to ambient light
conditions. (P)
2. The sign location shall be limited to Tax ID 715-711-
8015. (P)
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
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09/18/13
13SN0135
(AMENDED) In Dale Magisterial District, Nash Road/Woodpecker
Road, LLC requests amendment of zoning (Cases 05SN0229 and
lOSN0205) to modify the payment schedule of a transportation
contribution and to amend cash proffers relative to
escalation and amendment of zoning district map in a
Residential (R-40) District on 396.5 acres fronting 1,100
feet on the southeast line of Nash Road, 3,200 feet northeast
of Eastfair Drive. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Residential
Agricultural use (maximum of 0.5 dwellings per acre). Tax
IDs 764-651-8397 and 9675, 764-652-2073, 3652, 5794, 5945,
7128 and 9038, 764-653-7161 and 9082, 764-654-7731, 765-651-
1286 and 8282, 765-652-0116, 765-653-0570, 2660, 3491, 4805
and 8964, 766-652-5669, 766-653-0613, 768-654-0842 and 769-
652-7448.
Ms. Orr presented a summary of Case 13SN0135 and stated the
Planning Commission with a 3-2 vote, recommends denial citing
conversion of lump sum payments to per lot payments not
addressed in policy; the applicant does not fully address the
impact on other public facility needs; and questioned the
value of lump sum payments versus per unit payments over
time. She further stated the Commissioners that opposed the
recommendation for denial stated that they felt the proposal
was an acceptable compromise; that the proposal preserves
cash payments for roads; and that they believe that the
escalation offered with the payments would off-set the
difference in value between lump sum payments vs. a per lot
amount over time. She stated staff recommends approval
because the proposed proffer maintains full allocation of the
payments to road improvements, and will continue to provide
flexibility in the use of funds to provide needed road
improvements; the proposed proffer provided the ability for
the proffer payments to be escalated; and the proposed
amendment prevents the per unit cash proffer payment from
exceeding the Board's maximum cash proffer in place at the
time the payment is made. She noted within the development
homes under construction; there is a case pending before BZA
(Case 13AN0139) that they deferred to their Nov 6 agenda.
She stated with that case the applicant's representative is
denying the validity and enforceability of Proffered
Condition 1 of Case lOSN0205. She noted to address perceived
slight risk to the county, the proffered condition offered
with this case contains language to nullify any credit for
payments made if they are required by court order to be
returned.
In response to Ms. Jaeckle's concerns regarding school
capacity, Ms. Orr stated schools are reporting the trailers
that are being used for instructional purposes, and not
reporting trailers that may be on the school site for other
reasons.
Ms. Carrie Coyner, representing the applicant, stated an
amendment of zoning to modify the schedule for payment of
transportation contribution and to amend a cash proffer to
prevent the cash proffer payment from exceeding the maximum
cash proffer amount is being requested. She further stated
the proposed amendment maintains the full allocation of the
cash proffer payments to road improvements; continues to
provide the county with flexibility in the use of the funds
to provide needed road improvements; and includes an
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escalation provision for the payments which starts today. She
stated if the case is approved, the appeal pending before the
Board of Zoning Appeals will be withdrawn.
Ms. Jaeckle called for public comment.
Mr. Freddy Boisseau expressed concerns that the proffered
conditions do not fully address the impacts on facilities
other than roads. He urged the Board to deny the request.
Ms. Carol Quinn, member of the Woodlake Community Association
Board of Directors, urged the Board to deny the case. She
expressed concerns relative to the reduction and elimination
of cash proffers and impacts on fire stations, parks, roads
and schools.
There being no one else to speak to the issue, the public
hearing was closed.
In response to Mr. Holland's request, Mr. McCracken stated he
felt per lot payments are appropriate relative to the case
and Transportation staff still supports the extension of Nash
Road from the Beach Road intersection to Route 10.
In response to Mr. Elswick's question, Mr. McCracken stated
allocations of funds used for the widening of Nash Road were
used through the Secondary Road Six-Year Plan. He further
stated a small percentage of cash proffers could have been
used as well.
Mr. Holland noted the proposed amendment leaves the cash
proffer unchanged and includes an escalation provision for
the payments.
Ms. Coyner stated she would be willing to meet with Woodlake
residents to answer questions and address concerns.
Mr. Holland made a motion, seconded by Ms. Jaeckle, for the
Board to approve Case 13SN0135 and accept the proffered
conditions.
In response to Mr. Elswick's question, Mr. Carmody stated the
20 acre piece of property has a retroactive cash proffer
escalation associated with it. He further stated there may be
a difference in value of lump sum payment versus per lot
payments over time.
Mr. Elswick stated he cannot support the changes proposed.
In response to Mr. Warren's inquiry, Ms. Orr stated staff is
supporting the request. She further stated the reason for
staff's support is that the proposal maintains allocation to
road improvements; includes escalation and includes language
for both cases to prevent payments from exceeding the maximum
cash proffer.
Ms. Jaeckle called for a vote on the motion made by Mr.
Holland, seconded by Ms. Jaeckle, for the Board to approve
Case 13SN0135 and accept the following proffered conditions:
Zoning Application Chesterfield Nash Road/Woodpecker Road,
LLC for an amendment to a previous zoning case on
Chesterfield County Tax ID's 764-651-8397 and 9675; 764-652-
2073, 3652, 5794, 5945, 7128 and 9038; 764-653-7161 and 9082;
764-654-7731; 765-651-1286 and 8282; 765-652-0116; 765-653-
0570, 2660, 3491, 4805 and 8964; 766-652-5669; 766-653-0613;
768-654-0842 and 769-652-7448 as set forth herein below.
13-619
09/18/13
The Applicant hereby amends condition #1 of Case No. lOSN0205
to read as follows:
1. Beginning with the 43rd building permit for dwelling
units on GPIN 768-654-0842, the applicant, sub-divider,
or assignee(s) shall pay the following to the County of
Chesterfield, prior to the issuance of a building permit
for infrastructure improvements within the service
district for the property; provided however that for the
period through June 30, 2017, the applicant, sub-
divider, or assignee(s) shall pay the following to the
County of Chesterfield, immediately after completion of
the final inspection:
A. $9,522 per dwelling unit, if paid prior to July 1,
2014; or
B. If paid after June 30, 2014, $9,522 per dwelling
unit adjusted annually in accordance with the cash
proffer policy.
C. At the time of payment for a specific dwelling
unit(s), the applicant shall pay to the County the
lesser of:
1. the amount calculated in accordance with the
foregoing paragraphs, or
2. the amount established as the maximum cash
proffer in place in the County's then-current
cash proffer policy.
Provided further, however, if the County is compelled by
a final non-appealable court order to return the
$400,000 previously paid for the 2012 payment obligation
per Case lOSN0205, then the payments referenced above
shall begin with the first building permit or the first
final inspection, as applicable. If at the time of such
final non-appealable court order the County has already
released any of the first forty-two building permits or
final inspections for these dwelling units, then the
applicant, sub-divider or assignee shall reimburse the
County $9,522 per dwelling unit, adjusted annually in
accordance with the cash proffer policy, for all such
dwelling units.
The payments shall be used for road improvements within
Traffic Shed 17 or for road improvements that provide
relief to that Traffic Shed, as determined by the
Transportation Department. (B)
The Applicant hereby amends condition #6 of Case No. 05SN0229
to read as follows:
2. Cash Proffer.
A. Except as otherwise provided herein, for each
single family residential dwelling unit developed,
the applicant, subdivider, or assignee(s) shall pay
$11,500.00 per unit to the County of Chesterfield,
prior to the issuance of a building permit, for
infrastructure improvements within the service
district for the Property if paid prior to July 1,
2005; provided however that for the period through
June 30, 2017, the applicant, sub-divider, or
assignee(s) shall pay the following to the County
of Chesterfield, immediately after completion of
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the final inspection. Thereafter, such payment
shall be the amount approved by the Board of
Supervisors not to exceed $11,500.00 per unit as
adjusted upward by any increase in the Marshall and
Swift Building Cost Index between July 1, 2004 and
July 1 of the fiscal year in which the payment is
made if paid after June 30, 2005. The per dwelling
unit cash proffer amount shall be prorated among
schools, roads, libraries, fire stations, and parks
and recreation facilities by the County's
Department of Budget and Management.
B. Cash proffers shall be spent for the purposes
proffered or as otherwise permitted by law.
C. At the time of payment for a specific dwelling
unit(s), the applicant shall pay to the County the
lesser of:
1. the amount calculated in accordance with the
foregoing paragraphs, or
2. the amount established as the maximum cash
proffer in place in the County's then-current
cash proffer policy. (B)
Ayes: Jaeckle, Warren and Holland.
Nays: Elswick.
Absent: Gecker.
17. PUBLIC HEARINGS
There were no Public Hearings at this time.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Dorothy Kaull expressed concerns relative to
transportation services provided to county citizens.
20. ADJOURNMENT
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adjourned at 8:18 p.m. until October 9, 2013 at 3:00 p.m.
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: None.
Absent: Gecker.
mes J to ai
County ministrator
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Doroth A. J eckle
Chairman
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