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2013-11-20 MinutesBOARD OF SUPERVISORS MINUTES November 20, 2013 Supervisors in Attendance: Staff in Attendance: Ms. Dorothy A. Jaeckle, Chairman Mr Ste h A Dr. Sheryl Bailey, Dep. . p en . Elswick, Vice Chrm. County Administrator Mr. Arthur S. Warren , Management Services Mr. James M. Holland Ms. Janice Blakley, Mr. Daniel A. Gecker Clerk to the Board Mr. James J. L. Stegmaier Mr. Kevin Bruny, Chief Learning Officer County Administrator Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessment 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 Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Mr. R. John McCracken, Dir., Transportation Mr. Stylian Parthemos, Deputy County Attorney Sheriff Dennis Proffitt, Sheriff's Department Ms. Carolyn Sears, Services Administrator, Library Chief Loy Senter, Fire Administration Ms. Marsha Sharpe, Dir., Social Services Mr. Scott Smedley, Dir., Environmental Engineering Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Richard Troshak, Dir., Emer. Communications Center 13-704 11/20/13 Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Dir., Human Resource Programs Ms. Jaeckle called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES There were no Minutes to be approved at this time. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY p,DMINISTR.ATOR'S REPORT Mr. Stegmaier stated yesterday there was an audio equipment failure and staff has worked hard to patch the audio feed for tonight's meeting. He apologized for any inconvenience caused relative to the presentation of the meeting. Mr. Covington introduced Mr. Ali Mahan, Virginia Director of the American Water Works Association (AWWA) for a presentation of a Safe Water Certification Award for the Addison-Evans Water Treatment and Laboratory facility. Mr. Stegmaier was pleased to report that last week at the Virginia Association of Counties' annual meeting, Chesterfield, along with six other counties, was recognized by VACo as a 2013 Go Green county. He introduced Mr. Larry Land, Director of Policy Development for VACo, who presented the Go Green Award. Mr. Stegmaier stated several years ago the Board set the county on a path to make sure environmental stewardship was kept as a key priority for the county. He further stated the two awards show the Board's commitment to taking care of the environment and our valuable water resources. He stated he is proud of all that staff continues to do under the Board's guidance as we strive to be a government that promotes good environmental stewardship. 3. BOARD MEMBER REPORTS There were no Board Member Reports at this time. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Gecker, seconded by Mr. Warren, the Board replaced Item 9.C., Report of Planning Commission Substantial Accord for Clover Hill High School (Case 14PD0120) to Permit a Wind Energy System; deleted ,Item 17.A., Public Hearing to Consider the Conveyance of Rights of Way and Easements to the Commonwealth of Virginia, Department of Transportation for the Genito Road/Route 604 and Coalfield Road/Route 754 Sidewalk Projects, due to an advertising issue, and rescheduled it for December 11. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. J 13-705 11/20/13 5. RESOLUTIONS 5.A. RECOGNIZING THE 2013 SENIOR VOLUNTEER HALL OF FAME INDUCTEES Ms. Leidheiser introduced Mr. Joe Covolo, Ms. Dona Link and Ms. Barbara Spicer, who were present to receive their resolutions. II On motion of Mr. Warren, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, volunteering is a powerful force for the solution of human problems, and the creative use of human resources is essential to a healthy, productive and humane society; and WHEREAS, our nation's heritage is based on citizen involvement and citizen participation, and volunteerism is of enormous benefit in building a better community and a better sense of one's own wellbeing; and WHEREAS, the active involvement of citizens is needed today more than ever to combat growing human and social problems, to renew our belief that these problems can be solved and to strengthen our sense of community; and WHEREAS, volunteering offers all, young and old, the opportunity to participate in the life of their community and to link their talents and resources to address some of the major issues facing our counties, such as education, hunger, the needs of youths, and the needs of our elderly; and WHEREAS, agencies that benefit from volunteers should show their appreciation and recognition to the many volunteers who possess numerous skills and talents, which they generously and enthusiastically apply to a variety of community tasks, and encourage others to participate in programs as volunteers; and WHEREAS, nine adults in Chesterfield County, aged 65- plus, have donated 32,348 hours of volunteer service since they have attained the age of 65 and were nominated for the Chesterfield Senior Volunteer Hall of Fame. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 20th day of November 2013, publicly recognizes Mr. Joe Covolo, Ms. Dona Link and Ms. Barbara Spicer, who were selected among the nine and were inducted into the Chesterfield Senior Volunteer Hall of Fame on October 17, 2013, and expresses appreciation to these dedicated volunteers who contribute immeasurably to various programs throughout the area to strengthen our county and build bridges to the future. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Covolo, Ms. Link and Ms. Spicer, and that a copy of this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-706 11/20/13 Ms. Jaeckle presented the executed resolutions to Mr. Covolo, Ms. Link and Ms. Spicer and expressed her appreciation for their volunteer service and dedication to the county. Mr. Elswick, Mr. Warren and Mr. Stegmaier also expressed their appreciation to the volunteers for their service and contributions to the county. Mr. Covolo, Ms. Link and Ms. Spicer thanked the Board for the special recognition. 5.B. RECOGNIZING MRS. BONNIE INGE BELL, CHESTERFIELD- COLONIAL HEIGHTS DEPARTMENT OF SOCIAL SERVICES, UPON HER RETIREMENT Ms. Sharpe introduced Mrs. Bonnie Inge Bell, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Mrs. Bonnie Inge Bell began her career in public social services in Virginia in September 1975 with the Chesterfield-Colonial Heights Department of Social Services; and J WHEREAS, in her roles as social worker, senior social worker, and supervisor, Mrs. Inge Bell became part of the community and was an outstanding resource developer who responded with dedication, commitment and passion to ensure the needs of citizens were met; and WHEREAS, Mrs. Inge Bell has committed her social work skills and social work practice to improve the social services system; and WHEREAS, Mrs. Inge Bell has provided services and leadership in the areas of child protective services, adult services, employment services, community outreach and day care, helping to shape each of these areas into exemplary programs; and WHEREAS, in the mid-1990's, Mrs. Inge Bell was instrumental in developing the department's practices to successfully launch the Virginia Initiative for Employment Not Welfare Program (VIEW); and WHEREAS, Mrs. Inge Bell has consistently been a team player with department and county partners as well as the community at large, resulting in many collaborative partnerships focused on meeting the needs of vulnerable citizens; and WHEREAS, Mrs. Inge Bell played key roles in the development of the Chesterfield County Career Clothes Cottage, Chesterfield-Colonial Heights Social Alliance Ministry (CCHASM), Life in the State of Poverty and various parenting and outreach programs; and WHEREAS, Mrs. Inge Bell has played a leadership role in developing and carrying out the duties of the department's Shelter Resource Team that responds to the needs of citizens during disasters; and 13-707 11/20/13 WHEREAS, Mrs. Inge Bell has been a dedicated advocate for adults, children and families by working tirelessly to engage all partners of the social services system in improving and developing programs designed to promote self- sufficiency; and WHEREAS, Mrs. Inge Bell has championed the need to ensure all children receive quality day care services through her diligent efforts on many state and local committees focused on improving the quality of day care services for children; and WHEREAS, through her active participation on state and local workgroups, Mrs. Inge Bell played a vital role in the Virginia Department of Social Services' initiative to introduce automation into the day care program; and WHEREAS, through her contributions on department, community and state-level workgroups and task forces addressing policy, practice, programs and staffing, Mrs. Inge Bell has helped to shape and influence service delivery on a local and state level, winning the respect and admiration of colleagues and citizens; and WHEREAS, Mrs. Inge Bell has dutifully carried out the department's mission, for more than 38 years, through her collaborative efforts and the provision of outstanding customer service and guidance to vulnerable citizens. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 20th day of November 2013, publicly recognizes the outstanding contributions of Mrs. Bonnie Inge Bell, expresses the appreciation of all residents for her service to the county, and congratulates her upon her retirement. AND, BE IT FURTHER RESOLVED that a copy of the resolution be presented to Mrs. Inge Bell and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, warren, Holland and Gecker. Nays: None. Ms. Jaeckle presented the executed resolution to Mrs. Inge Bell and commended her on her many years of loyal and dedicated service. Mr. Stegmaier presented Mrs. Inge Bell with an acrylic statue and county watch and expressed appreciation for her outstanding service to the county. Mrs. Inge Bell, accompanied by her family, expressed her appreciation to the Board for the special recognition. 13-708 11/20/13 5.C. RECOGNIZING MR. R. JOHN MCCRACKEN, P.E., DIRECTOR OF TRANSPORTATION, UPON HIS RETIREMENT Mr. Dupler introduced Mr. R. John McCracken, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, upon earning his Bachelor of Science degree in Civil Engineering from Virginia Polytechnical Institute in 1973, Mr. R. John McCracken began his engineering career as an Engineer Trainee with the Virginia Department of Transportation (VDOT); and WHEREAS, Mr. McCracken earned a Professional Engineer License in 1979 and because of his diligent work ethic he quickly moved up through the VDOT ranks to Assistant Resident Engineer for the Chesterfield Residency and Resident Engineer for the Lebanon Residency in Russell County; and WHEREAS, in 1984, Chesterfield County created a Department of Transportation and aggressively sought after Mr. McCracken, who accepted a position of public service on June 18, 1984, as the first, and for the past 29 years, the only, director of that department; and WHEREAS, Mr. McCracken molded his new department by establishing county transportation standards and policies that complemented and often exceeded most VDOT requirements, and many of those same standards and policies are still being utilized today to guide development and ensure that adequate roadway improvements are provided to accommodate future growth; and WHEREAS, Mr. McCracken developed the first transportation model specific to the county, which resulted in the formulation of the first countywide comprehensive Thoroughfare Plan adopted by the Chesterfield County Board of Supervisors in 1989; and WHEREAS, in 1993, the Virginia Society of Professional Engineers recognized Mr. McCracken as a licensed engineer and a local government employee who exemplifies outstanding leadership and public service by awarding him the prestigious Crozet Award; and WHEREAS, Mr. McCracken implemented innovative programs and approaches to deliver projects, often far in advance of their original time schedules, through his aggressive but meticulous "hands-on" management style; and WHEREAS, Mr. McCracken aggressively sought and was able to secure millions of dollars from various funding sources for improvements to the county's transportation system; and WHEREAS, Mr. McCracken played an instrumental role in the development and improvements to limited access roadways in the county, including Powhite Parkway, Route 288 and I- 295, and the widening of major roadways including Route 10, Route 360, Chippenham Parkway, Hopkins Road, Genito Road, Courthouse Road, Woolridge Road and Robious Road, allowing J J J 13-709 11/20/13 our residents, workers and visitors to travel throughout the county with minimal travel delay; and WHEREAS, Mr. McCracken promoted economic development in the county with his leadership on projects such as the reconstruction of the I-95/Walthall Interchange, and the construction of the I-295/Meadowville Interchange, and roadways in industrial parks including the Airport Industrial Park, Ruffin Mill Industrial Park, River's Bend Industrial Park, and Meadowville Technology Park; and WHEREAS, Mr. McCracken is well known by others throughout the state for his leadership, knowledge and expertise and is often asked to speak to, or participate on, numerous transportation committees including those at the General Assembly, commissions and study groups, and recognizing his successful accomplishments in providing a strong transportation system in the county, other localities often consult Mr. McCracken for guidance and wisdom on the transportation issues they face; and WHEREAS, Mr. McCracken has straightforward, honest, consistent recommendations on all transportation development proposals, which is apprecia recognized by the development community by elected or appointed officials; and always provided and professional matters, including ted by our citizens, and always expected WHEREAS, Mr. McCracken tirelessly represented the department through dedicated attendance and participation in the Chesterfield County Board of Supervisors and Planning Commission meetings, facilitation of evening meetings with citizen groups and homeowners associations, and participation in countless public meetings to champion the concerns of the community and to advise county leaders, the Board of Supervisors and Planning Commissioners toward resolution of transportation issues; and WHEREAS, Mr. McCracken has been labeled by all that have known him as a proud, loyal Virginia Tech Hokie alumni and fan; and WHEREAS, Mr. McCracken will be profoundly missed by many, especially by this Board, the County Administration, and the Community Development Division including his department staff, for his many years of exemplary leadership and outstanding professional service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 20th day of November 2013, publicly recognizes the outstanding contributions of Mr. R. John McCracken, and expresses appreciation on behalf of all residents for his dedicated and faithful service for 29 years to the county, congratulates him upon his retirement, and wishes him the best for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of the resolution be presented to Mr. McCracken, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13-710 11/20/13 Ms. Jaeckle presented the executed resolution to Mr. McCracken and commended him on his many years of loyal and committed service to Chesterfield County. Mr. Holland commended Mr. McCracken for his contributions to the community and wished him well in his retirement. Mr. Elswick expressed his appreciation for Mr. McCracken's outstanding service to the county and wished him well in his retirement. Mr. Warren expressed his appreciation to Mr. McCracken for his sharing of valuable professional and personal knowledge acquired over his many years of service to the community. Mr. Gecker highly praised Mr. McCracken's work ethic and devoted service to the county. He stated Mr. McCracken will be sorely missed for his exemplary leadership, outstanding professionalism and straight-forward approach. Mr. Stegmaier presented Mr. McCracken with an acrylic statue and county watch, expressed appreciation for his exceptional and faithful service to the county and wished him well in his retirement. Mr. McCracken, accompanied by his wife, expressed his appreciation to the Board for the recognition. He stated he has truly been blessed with everything thus far in his life. 5.D. RECOGNIZING SERGEANT EDWIN VASQUEZ, POLICE DEPARTMENT, UPON HIS RETIREMENT Col. Dupuis introduced Sergeant Edwin Vasquez, who was present to receive the resolution. On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Sergeant Edwin Vasquez will retire from the Chesterfield County Police Department on December 1, 2013, after providing more than 25 years of dedicated and professional service to the citizens of Chesterfield County; and WHEREAS, Sergeant Vasquez has faithfully served the county in the capacity of Police Officer, Senior, Master, Career Officer and Sergeant; and WHEREAS, during his tenure, Sergeant Vasquez has served as a Field Training Officer, Field Training Sergeant, Instructor, and as a member of the Marine Patrol, Honor Guard and Special Weapons and Tactical Team; and WHEREAS, Sergeant Vasquez was the first Hispanic Sergeant in the Chesterfield County Police Department; and WHEREAS, Sergeant Vasquez received a Meritorious Service Award in recognition of his many years of exceptional performance on the Police Special Weapons and Tactics Team, and he demonstrated fearless courage in numerous critical and volatile incidents, successfully resolving situations and ultimately, saving lives; and 13-711 11/20/13 WHEREAS, Sergeant Vasquez has been a long-term member of the Police Honor Guard, and he and his fellow unit members have received two unit citations for their exemplary work and professionalism displayed during numerous assignment details; and WHEREAS, Sergeant Vasquez was the recipient of a Unit Citation Award as a member of the Police Emergency Response Team for the successful conclusion of many incidents to which they have responded; and WHEREAS,, Sergeant Vasquez has been instrumental in facilitating communications between the police and those in the Hispanic community who were not able to communicate effectively in English; and WHEREAS, Sergeant Vasquez is recognized for his professional attitude and human relations skills, which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Sergeant Vasquez has received numerous letters of commendation, thanks and appreciation during his career from the citizens of Chesterfield County for service rendered; and WHEREAS, Sergeant Vasquez 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 Vasquez's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 20th day of November 2013, publicly recognizes Sergeant Edwin Vasquez, 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 Sergeant Vasquez, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Ms. Jaeckle presented the executed resolution to Sergeant Vasquez and commended him on his many years of loyal and dedicated service. Mr. Stegmaier presented Sergeant Vasquez with an acrylic statue and county watch and expressed appreciation for his outstanding service to the county. Sergeant Vasquez, accompanied by members of the Police SWAT team, expressed his appreciation to the Board for the special recognition. 13 -712 11/20/13 6. WORK SESSIONS There were no Work Sessions at this time. 7. DEFERRED ITEMS There were no Deferred Items at this time. J 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Mr. Decker, seconded by Mr. Warren, the Board suspended its rules at this time to allow for simultaneous nomination/appointment to the Stonebridge Architectural Review Committee. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.A.1. STONEBRIDGE ARCHITECTURAL REVIEW COMMITTEE On motion of Mr. Gecker, seconded by Mr. Warren, the Board simultaneously nominated/appointed Ms. Stephanie Anderson to serve as a member on the Stonebridge Architectural Review Committee. Ayes: Nays: 8.B. 8.B.1. Jaeckle, Elswick, Warren, Holland and Gecker. None. CONSENT ITEMS THE OPERATION OF SOFTBALL PROGRAMS PARK AT IRON BRIDGE AND WARBRO ATHLETIC COMPLEX FOR PROPERTY AT THE SOFTBALL COMPLEXES AT HARRY G. DANIEL SET DATE FOR PUBLIC HEARING TO CONSIDER LEASE OF REAL On motion of Mr. Gecker, seconded by Mr. Elswick, the Board set December 11, 2013, as the date for a public hearing to consider 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: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 8.B.2. ACCEPTANCE OF PARCELS OF LAND 8.B.2.a. ALONG WOOLRIDGE ROAD FROM CHESTERFIELD DEVELOPMENT, INCORPORATED On motion of Mr. Decker, seconded by Mr. Elswick, the Board accepted the conveyance of a parcel of land containing 0.632 acres along Woolridge Road from Chesterfield Development, Inc., 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, Holland and Decker. Nays: None. J J 13-713 11/20/13 8.B.2.b. ALONG WOOLRIDGE ROAD FROM CHESTERFIELD REALTY PARTNERS, INCORPORATED On motion of Mr. Gecker, seconded by Mr. Elswick, the Board accepted the conveyance of a parcel of land containing 0.610 acres along Woolridge Road from Chesterfield Realty Partners, Inc., 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, Holland and Gecker. Nays: None. 8.B.3. REQUEST FOR PERMISSION FROM ZAHID I. MUGHAL AND RIJA Z. MUGHAL FOR A PROPOSED CONCRETE DRIVEWAY TO ENCROACH WITHIN A SIXTEEN-FOOT SEWER EASEMENT ACROSS LOT 5, RIVER'S BEND, SECTION 25 On motion of Mr. Gecker, seconded by Mr. Elswick, the Board granted Zahid I. Mughal and Rija Z. Mughal permission for a proposed concrete driveway to encroach within a 16' sewer easement across Lot 5, River's Bend, Section 25, 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, Holland and Gecker. Nays: None. 8.B.4. STATE ROAD ACCEPTANCE On motion of Mr. Gecker, seconded by Mr. Elswick, 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. 13-714 11/20/13 Project/Subdivision: Carole Heights Section 1 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 • Heidi Drive, State Route Number 5806 From: Stigall Drive, (Route 759) To: Heidi Court, (Route 5807), a distance of: 0.15 miles. Recordation Reference: Plat Book 137, Page 14 Right of Way width (feet) = 50 • Heidi Drive, State Route Number 5806 From: Heidi Court, (Route 5807) To: Heidi Place, (Route 5808), a distance of: 0.08 miles. Recordation Reference: Plat Book 137, Page 14 Right of Way width (feet) = 50 • Heidi Drive, State Route Number 5806 From: Heidi Place, (Route 5808) To: Heidi Tr., (Route 5810), a distance of: 0.08 miles. Recordation Reference: Plat Book 137, Page 14 Right of Way width (feet) = 40 • Heidi Terrace, State Route Number 5810 From: Heidi Drive, (Route 5806) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Plat Book 137, Page 14 Right of Way width (feet) = 40 • Heidi Terrace, State Route Number 5810 From: Heidi Drive, (Route 5806) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Plat Book 137, Page 14 Right of Way width (feet) = 40 • Heidi Place, State Route Number 5808 From: Heidi Drive, (Route 5806) To: Cul-de-sac, a distance of: 0.07 miles. Recordation Reference: Plat Book 137, Page 14 Right of Way width (feet) = 40 • Heidi Turn, State Route Number 5809 From: Heidi Drive, (Route 5806) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Plat Book 137, Page 14 Right of Way width (feet) = 40 • Heidi Court, State Route Number 5807 From: Heidi Drive, (Route 5806) To: Cul-de-sac, a distance of: 0.11 miles. Recordation Reference: Plat Book 137, Page 14 Right of Way width (feet) = 40 Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. J J J 13-715 11/20/13 9. REPORTS 9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES 9.C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD FOR CLOVER HILL HIGH SCHOOL (CASE 14PD0120) TO PERMIT A WIND ENERGY SYSTEM On motion of Mr. Gecker, seconded by Mr. Elswick, the Board accepted the following reports: a Report on Developer Water and Sewer Contracts; a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases; and a Report of Planning Commission Substantial Accord for Clover Hill High School (Case 14PD0120) to Permit a Wind Energy System. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Students from Clover Hill High School and the Math and Science High School at Clover Hill presented information to the Board relative to the Cavalier Wind Initiative. Ms. Jaeckle and Mr. Warren expressed their appreciation to the students for the informative presentation. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 11. DINNER On motion of Mr. Elswick, seconded by Mr. Holland, the Board recessed to dinner in Room 502. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Reconvening: 12. INVOCATION Dr. Sheryl Bailey, Deputy County Administrator for Management Services, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Jackson Lillie led the Pledge of Allegiance. 13-716 11/20/13 14. RESOLUTIONS 14.A. RECOGNIZING NOVEMBER 2013 AS "NATIONAL HOSPICE AND PALLIATIVE CARE MONTH" IN CHESTERFIELD COUNTY Ms. Snead introduced Mr. Randall Wachman, board member for Crater Community Hospice, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, Crater Community Hospice was organized and formally incorporated in 1995 as a community-based nonprofit organization to address hospice services in the Crater Community Health District, encompassing Chesterfield County, Virginia; and WHEREAS, Crater Community Hospice has been the proud recipient of the 2008 Cleveland A. Wright Award for Outstanding Community Service and the 2009 Cameron Foundation Excellence in Organizational Management; and WHEREAS, hospice and palliative care bring patients and family caregivers the highest quality care delivered by an interdisciplinary team of skilled professionals that includes physicians, nurses, social workers, therapists, counselors, health aides, spiritual care providers and volunteers who make the wishes of each patient and family a priority; and WHEREAS, through pain management and symptom control, caregiver training and assistance, and emotional and spiritual support, patients are allowed to live fully up until the final moments, surrounded and supported by the faces of loved ones, friends, and committed caregivers; and WHEREAS, more than 450,000 trained volunteers contribute 21 million hours of service to hospice programs annually including 4,137 hours contributed by 88 volunteers of Crater Community Hospice. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 20th day of November 2013, publicly recognizes November 2013 as "National Hospice and Palliative Care Month" and encourages residents to increase their understanding and awareness of care at the end of life and to observe this month with participation in available activities and programs. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Crater Community Hospice and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Ms. Jaeckle presented the executed resolution to Mr. Wachman and stressed the importance of increasing understanding and awareness of hospice care and services. Mr. Wachman expressed his appreciation to the Board for the special recognition. 13-717 J J J 11/20/13 14.B. RECOGNIZING MR. JACKSON ROBERT GILLIE, MIDLOTHIAN DISTRICT, UPON ATTAINING THE RANK OF EAGLE SCOUT ~. Mr. Kappel introduced Mr. Jackson Robert Gillie, who was present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Gecker, 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 his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Jackson Robert Gillie, Troop 876, sponsored by Mount Pisgah United Methodist Church, has accomplished those high standards of commitment and has 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 his experiences in Scouting, learning the -lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Jackson has distinguished himself as a member 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 20th day of November 2013, publicly recognizes Mr. Jackson Robert Gillie, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as its citizen. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. Mr. Gecker presented the executed resolution and patch to Mr. Gillie, accompanied by members of his family, congratulated him on his outstanding achievements, and wished him well in future endeavors. Mr. Gillie provided details of his Eagle Scout project and expressed appreciation to his family and others for their support. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Bob Olsen addressed the Board relative to differential proffers. Mr. Paul Grasewicz addressed the Board relative to cash proffers and the importance of their contributions needed to fund local public facilities and services. Mr. James Shelton addressed the Board relative to election results of the meals tax and bond referendum. 13-718 11/20/13 Mr. Freddy Boisseau urged the Board to provide an online searchable budget document relative to county expenditures. 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 OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE HEARD AT SECTION 18 13SN0543 In Midlothian Magisterial District, Racetrack Petroleum, Inc. requests rezoning from Agricultural (A) to Community Business (C-3) and amendment of zoning district map on 11 acres located in the southeast corner of Midlothian Turnpike and Otterdale Woods Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Commercial District use. Tax ID 721-709- 7721 and 722-709-0435. Mr. Turner stated Mr. Gecker is requesting a 60-day deferral to the January 22, 2014 meeting. Mr. Jack Wilson acknowledged the deferral request. Ms. Jaeckle called for public comment. Mr. Peppy Jones, chairman of the Village of Midlothian Volunteer Coalition, supported the 60-day deferral request. No one else came forward to speak to the deferral. Mr. Gecker made a motion, seconded by Mr. Warren, for the Board to defer Case 13SN0543 until January 22, 2014. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 13SN0226 (AMENDED) In Matoaca Magisterial District, Jack R. Wilson, III requests amendment of conditional use planned development (Cases 06SN0163 and 06SN0215) relative to development plan, density, age restriction, transportation contribution, reduction of cash proffer payments and amendment of zoning district map in a Residential Multifamily (R-MF) District on 71.8 acres fronting 760 feet on the east line of Otterdale Road, 1,000 feet east of Foxcreek Crossing. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Medium-High Density Residential use (minimum 4.0 to 8.0 dwellings per acre). Tax IDs 711-671-8840; 712-671-5171; 712- 672-3060; and 713-672-0706, 1167 and 5982. Mr. Turner presented a summary of Case 13SN0226 and stated both the Planning Commission and staff recommended approval and acceptance of the proffered conditions. He further stated amended proffered conditions were received after the public advertisement of the case and the Board must suspend its rules in order to consider the proffered conditions received after the advertisement. J J J 13-719 11/20/13 Mr. Jack Wilson, representing the applicant, accepted the recommendation. Mr. Gecker expressed concerns relative to specifics of the case and stated it is his understanding that the applicant has contractual issues. He further stated he needs explanation relative to the change in staff's position. Mr. Parthemos stated the Board will have to suspend its rules in order to consider the proffered conditions. Ms. Darla Orr presented a summary of Case 13SN0226 and stated both the Planning Commission and staff recommended approval because the proposed amendments offer a revised textual statement; reduce permitted density; eliminate the requirement for upfront transportation contributions; require vs. option for senior occupancy; clarify condominium association requirements (FoxCreek); and add architectural requirements. She further stated a residential development with various housing types is planned, with a maximum of 450 dwelling units being proposed, yielding a density of approximately 5.68 dwelling units per acre. She stated in addition, neighborhood recreational facilities, model homes and adult care centers are planned. She noted the condominium association shall be part of the FoxCreek Homeowner's Association. She further stated while the proffered conditions fall short of mitigating the impact of the development on school facilities, the applicant has age restricted the property in accordance with the fair housing laws, and thus, will minimize the impact of the development on school facilities. She stated the existing zoning was also approved allowing the applicant to develop age restricted units without paying a school cash proffer. In response to Mr. Gecker's question, Ms. Orr stated there is no direct access from the property to Otterdale Road. She further stated the plan identifies a proposed east/west collector with a recommended right-of-way running parallel to Hull Street Road and extending from Woodlake Village Parkway to Otterdale Road. She stated the trip generation is 40 percent less compared to current zoning. In response to Mr. Gecker's questions regarding road impacts, Mr. Wilson stated there was no change to the original case relative to the transportation component. He further stated the applicant has submitted a revision to the cash proffer, increasing the amount proffered for roads by $3,852 per dwelling unit. He noted if the proposed 450 units are constructed, the revised proffer will provide funds for road improvements. He stated the conditions will minimize the impact of the development on school facilities. He noted the previously approved cases were also approved allowing the applicant to develop senior or age-restricted units without paying a school cash proffer. He stated there would be no direct access from the property to Otterdale Road. He further stated proffered conditions of the previous zflning cases require dedication of right-of-way and construction of a two- lane road for the east/west road from Otterdale Road to its current terminus, located at the west boundary of Cosby High School. 13-720 11/20/13 In response to Mr. Gecker's question, Mr. McCracken stated typical road widening, turn lanes and dedication of right-of- way are required relative to improvements to Otterdale Road. He noted the CDA project will be a determining factor relative to further improvements to Otterdale Road. He stated the distance from the intersection to Hull Street is approximately a half of a mile. In response to Ms. Jaeckle's question regarding transportation proffers, Mr. McCracken stated proffers are currently being paid on an individual lot basis, in accordance with the county's policy. He further stated there is a significant cost to improve the rest of Woolridge Road and Otterdale Road. He noted the up-front payment initially was not as critical as originally thought in the past. In response to Mr. Gecker's question, Mr. Wilson stated the original case did not cap the Marshall & Swift increase and the actual proffer under the current case would be in excess of the current maximum proffer. He further stated the proffer is being brought in line with the current maximum of $18,966 before being locked in with the Marshall & Swift increase and reallocating the proffer in accordance with the current allocations of the cash proffer. He stated the developer addressed the concerns of FoxCreek residents by reducing density, eliminating the requirement for upfront transportation contributions, requiring senior occupancy, clarifying condominium association language, and minimizing the impact of the development on school facilities. In response to Mr. Elswick's question, Mr. Wilson stated the new case allows for a building with a maximum of three stories. Mr. Holland expressed concerns relative to proffered conditions being received after the public advertisement of the case. He stressed the importance of sufficient time given for community opinions relative to the case. In response to Mr. Holland's question, Mr. McCracken stated payment over time versus payment up front seems to be a better deal and the case is consistent to that of other cases approved in the past. He noted the real solution to Otterdale Road and Woolridge Road improvements is going to be the CDA project, because of the size and cost of those improvements. In .response to Mr. Holland's question, Mr. Wilson stated the community has had ample time to review the case. Dr. Edgar Wallin, Matoaca District Planning Commissioner, stated two lengthy community meetings were held specifically for the case. He further stated surrounding communities are in support of project and he is confident to speak on behalf of those communities. He stated the applicant has agreed to pay $7,704 per unit for roads, which is consistent with the current cash proffer policy. Mr. Elswick made a motion, seconded by Mr. Warren, for the Board to suspend its rules to allow for consideration of the amended proffered conditions. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. J J J 13-721 11/20/13 Mr. Gecker expressed concerns with the Board's method of conducting business relative to the case. Ms. Jaeckle called for public comment. Mr. Paul Grasewicz commended Dr. Wallin for working with the applicant and the community to make the project successful. He stated the applicant is in complete conformance with the cash proffer policy and addresses the impacts on public facilities. He further stated the project will be an attractive addition to the community and profitable for the county. He encouraged the Board to approve the case. Mr. Bob Olsen urged the Board to approve the case. He stated the applicant is in full compliance with the cash proffer policy. There being no one else to address the issue, the public hearing was closed. Mr. Elswick made a motion, seconded by Mr. Warren, for the Board to approve Case 13SN0226. Mr. Gecker expressed concerns relative to increased traffic flow on Otterdale Road, without an account of how it will be improved. He stated it seems to avoid work on a major arterial, which would have been required of every other applicant, and essentially putting it on the backs of residents of Magnolia Green, is an incorrect policy matter. He further stated he does not intend to support the case. Ms. Jaeckle called for a vote on the motion by Mr. Elswick, seconded by Mr. Warren, for the Board to approve Case 13SN0226 and accept the following proffered conditions: With the approval of this request, Conditions 1, 5, 10 and 14 of Case 06SN0163 and Conditions 15, 20 and 24 of Case 06SN0215 shall be deleted. Conditions 3, 4, 8B and 14 of Case 06SN0163 and Conditions 18, 19 and. 27 of Case 06SN0215 shall be amended as provided herein. Except as modified by this request all other conditions of Cases 06SN0163 and 065N0215 shall remain in force and effect. 1. Master Plan. The Textual Statement dated November 15, 2013, shall be considered the Master Plan. (P) 2. Density. The maximum number of dwelling units permitted on the Property shall be 450. (P) 3. Recreational Amenities. Both passive and active recreational amenities shall be provided which shall include a clubhouse, an outdoor swimming pool and a walking trail as generally shown on Exhibit A of the Textual Statement prepared by Koontz-Bryant, P.C. dated October 8, 2013. A. Recreational facilities shall be permitted within the project and will be designed for use by all the residents. Separate recreational areas for the various types of residential units are not required. The recreational uses shall be limited to 13-722 11/20/13 facilities and uses that primarily serve the surrounding residential community which may include passive recreation (i.e.: formal courtyards, parks, plazas, mews, trails, paths, sidewalks, ponds, open space, and vistas) and active facilities (i.e.: swimming pools, clubhouses and tennis courts). B. Outside public address system or speakers shall not be used between the hours of 11:00 p.m. and 8:00 a.m. and shall be used only in conjunction with a pool. C. With the exception of passive recreation, outdoor play fields, outdoor courts, swimming pools, and similar active recreational facilities shall be located a minimum of one hundred (100) feet from any existing single family residential lot line that is not a part of the project. Nothing herein shall prevent development of indoor facilities and/or parking within the one hundred (100) foot setback. Active recreational facilities shall be located a minimum of twenty-five (25) feet from any dwelling unit within the Property or separated by a road or alley. D. The clubhouse and outdoor swimming pool and related improvements shall serve as a focal point for the project and shall be located generally as shown on Exhibit A. E. The clubhouse shall be a minimum size of 2,500 square feet and shall be constructed and open for use prior to issuance of the 300th certificate of occupancy. If a sales office is provided in the clubhouse such use shall not exceed 25% of the clubhouse's gross square footage. (P) The Applicant hereby amends Condition 3 of Case 06SN0163 and Condition 18 of Case 06SN0215 to read as follows: 4. Cash Proffers. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield in accordance with the County's Cash Proffer Policy for infrastructure improvements within the service district for the Property: A. For each dwelling unit, 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: 1. $9,893.00 per dwelling unit to the County of Chesterfield, in accordance with the County's Cash Proffer Policy, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2017. The $9,893.00 for. any units developed shall be 13-723 J J 11/20/13 allocated pro-rata among the facility costs: $7,704 for roads $1,198 for parks, $310 for library facilities, and $681 for fire stations. 2. If paid after June 30, 2017, and before July 1, 2018, $9,893.00 per dwelling unit allocated pro-rata among the facility costs: $7,704 for roads $1,198 for parks, $310 for library facilities, and $681 for fire stations, adjusted for the four year cumulative change in the Marshall and Swift Building Cost Index between July 1 of the fiscal 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. B. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not in addition to, any impact fees, in a manner as determined by the county. (B&M) The Applicant hereby amends Condition 4 of Case 06SN0163 and Condition 19 of Case 06SN0215 to read as follows: 5. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Act, and such other applicable federal, state or local legal requirements, all dwelling units shall be restricted to "housing for older persons" as defined in the Virginia Fair Housing Law and no persons under 19 years of age shall reside therein. All site plans shall note this restriction. (P) The Applicant hereby amends Condition 8B of Case 06SN0163 to read as follows: 6. Construction of two lanes of Village Square Parkway to VDOT Urban Collector (40 MPH) standards with any modifications approved by the Transportation Department, from Otterdale Road through the Property to the Cosby High School site. (T) The Applicant hereby amends Condition 14 of Case 06SN0163 and Condition 27 of Case 06SN0215 to read as follows: 7. Virginia Condominium Act. All dwelling units on the Property shall be condominiums as defined and regulated by the Virginia Condominium Act. The condominium association shall be part of the FoxCreek Homeowner's Association. The condominium association will have an architectural review committee to review building plans to ensure compliance with the requirements of the Textual Statement and other architectural requirements of the association. (P) Ayes: Jaeckle, Elswick, Warren and Holland. Nays: Gecker. 13-724 11/20/13 ~acun~~~ In Bermuda Magisterial District, Cheryl L. Taylor requests conditional use to permit a communications tower and amendment of zoning district map in an Agricultural (A) District on 1.1 acres lying off the eastern terminus of Pine Forest Drive, east of Jefferson Davis Highway. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Industrial use. Tax ID 803-631-Part of 2296. Mr. Turner presented a summary of Case 13SN0226 and stated both the Planning Commission and staff recommended approval subject to the conditions. Ms. Alisha Singer, representing the applicant, accepted the conditions. 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 14SN0511, subject to the following conditions: 1. The base of the tower shall be enclosed by a minimum six (6) foot high fence designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and the property line to accommodate evergreen plantings having an initial height and spacing to provide screening of the base of the tower and accessory ground-mounted equipment or structures from adjacent properties. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with final site plan review. (P) 2. The color and treatment of the tower shall be as follows: a. The tower shall be gray or another neutral color, acceptable to the Planning Department. b. The tower shall not be lighted unless lighting is required by the FAA. If lighted, lighting during daylight hours shall be limited to medium intensity strobe lights with upward reflection and lighting during night-time hours shall be limited to soft blinking lights with upward reflection. c. The tower shall be a monopole structure. (P) 3. Any building or mechanical equipment shall comply with Section 19-570 (b) and (c) and 19-595 of the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (P) (NOTE: Section 19-570 (b) and (c) would require the screening of mechanical equipment located on the building or ground from adjacent properties and public rights-of-way. Screening would not be required for the tower or tower-mounted equipment.) J J J 13-725 11/20/13 4. At such time that the tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and all associated equipment from the property. (P) 5. With approval of this request, prior to issuance of a final certificate of occupancy for the proposed tower, the existing tower located on Tax ID 803-631-Part of 2296, south of this site, shall be removed. (P) Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. 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 There were no requests to address the Board at this time. Mr. Holland expressed his appreciation for the input of those citizens in regards to proffers. He stated the idea of differential proffers could be beneficial for some areas of the county. Ms. Jaeckle wished everyone a happy Thanksgiving holiday. 20. ADJOURNMENT On motion of Mr. Holland, seconded by Mr. Elswick, the Board adjourned at 7:32 p.m. until December 11, 2013. Ayes: Jaeckle, Elswick, Warren, Holland and Gecker. Nays: None. ames J. S eg ier Coun dministrator C./ Doroth A. J ckle Chairman 13-726 11/20/13 J J J