2020-12-16 MinutesBOARD OF SUPERVISORS
MINUTES
December 16, 2020
Supervisors in Attendance:
! Ms. Leslie A. T. Haley, Chair
f`/ Mr. Kevin P. Carroll, Vice Chair
Mr. James A. Ingle, Jr.
Mr. Christopher M. Winslow
Mr. James M. Holland
Dr. Joseph P. Casey
County Administrator
Ms. Haley called the meeting to order at 2:00 p.m. She stated
due to COVID-19 and the occupancy limits of the Public Meeting
Room, citizens requesting to speak before the Board will be
given the opportunity to comment in person at the appropriate
time. She reviewed the protocols for facial coverings and
spatial distancing in accordance with Executive Orders 72 and
63.
1. APPROVAL OF MINUTES
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board of
Supervisors approved the minutes of November 18, 2020, as
submitted.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
There were no requests to postpone agenda items, additions,
deletions or changes in the order of presentation at this time.
3. WORE SESSIONS
3.A. EVERYDAY EXCELLENCE - POLICE DEPARTMENT
Ms. Shannon Braughton, accompanied by her husband, Robert,
addressed the Board relative to the heroic acts of Corporal
Officer Timothy Morton. She stated Officer Morton saved the
life of her two-year-old granddaughter, Camden, who
experienced a seizure and required CPR. She further stated
Officer Morton was not dispatched to the call but heard there
was a need and responded by choice. She expressed her gratitude
for Officer Morton and thanked the Board for having members of
the Police Department protecting the community.
Officer Morton expressed his appreciation for the kind remarks.
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Ms. Braughton added that Officer Morton became a grandfather
today.
Ms. Haley thanked Ms. Braughton for sharing her story and
thanked Officer Morton for going above and beyond to serve the
citizens.
Dr. Casey stated both Mr. Winslow and he had an opportunity to
accompany Officer Morton when he was performing a count of
homeless persons in the county. He further stated Officer
Morton has conversations with them and knows them by name, and
he also provides goods and provisions.
Mr. Winslow stated Officer Morton sets the gold standard for
what it means to be a community policing officer, and he is
honored to have seen Officer Morton in action.
Mr. Holland thanked Ms. Braughton for sharing her story and
congratulated Officer Morton on the birth of his grandchild.
Mr. Carroll stated he has worked with Officer Morton on many
occasions, and Officer Morton is a mentor and a leader to
younger officers. He thanked Officer Morton for responding to
the call.
3.B. VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) UPDATE
Ms. Rebecca Worley, Resident Engineer for the Chesterfield
Residency, provided the Board with an update on VDOT
operations. She stated Virginia is the third largest state -
maintained highway system in the country behind Texas and North
Carolina. She reviewed the Chesterfield Residency
organizational chart and provided statistics of the county's
lane miles and structures and bridges. She discussed VDOT's
maintenance services and emergency responses. She provided
details of damages incurred as a result of the flooding event
on August 15, 2020. She stated VDOT has a Joint Safety
Operations Center (JSOC) which should lead to more efficient
and effective collaboration between VDOT and the Virginia State
Police, especially when working on highway incidents. She
discussed VDOT's snow removal operation; engineering services
provided by VDOT; and VDOT resources.
Mr. Winslow expressed appreciation to Ms. Worley for her
dedication.
Ms. Haley thanked Ms. Worley for the presentation and expressed
appreciation for the cooperation between VDOT and the county's
Transportation Department.
Mr. Holland congratulated Ms. Worley and welcomed her input on
any improvements she feels may be needed.
j
3.C. AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING WITH
DOMINION ENERGY
Mr. Jeff Mincks, County Attorney, reviewed the 2019 General
Assembly legislation requiring Dominion Energy to move its coal
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ash from its existing storage ponds at the Chesterfield County
power station. He discussed the initial Memorandum of
Understanding (MOU) approved by the Board in August of 2019.
He stated since that time the engineering has been finalized,
and the county is ready to amend the MOU. He noted the amended
MOU will need to be approved by the State Corporation
Commission (SCC) in January of 2021. He stated Dominion will
pay approximately $68 million for the various projects assuming
they are all approved by the SCC. He further stated staff
anticipates the SCC's decision by the latter part of 2021, and,
once approved, the project can move forward. He stated approval
of the amended MOU is on the Board's Consent Agenda.
Ms. Haley expressed her appreciation for the strong partnership
between the county and Dominion Energy.
3.D. EMS FEES AND FIRE -EMS UPDATE
Chesterfield Fire and EMS Chief Loy Senter provided the Board
with an update on the activities and initiatives of the
department. He updated the Board on the status of the
Deployment and Staffing Study which is currently under way and
being conducted by Emergency Services Consulting International
(ECSI). He discussed COVID-19 challenges and stated the
department has not experienced any service level reductions to
date. He recognized the outpouring of support from citizens,
community groups, faith -based organizations and business who
have turned out to provide Personal Protective Equipment (PPE)
and supplies. He stated numerous restaurants have selflessly
donated gift cards to fire stations and provided hot meals to
on -duty career and volunteer members. He provided statistics
of the operational impacts to the department resulting from
COVID-19 and stated call volume has in many ways returned to
normal. He discussed Training and Development which has
continued despite the challenges of training in the COVID-19
environment. He announced the Magnolia Green Fire and EMS
Station was recently opened and encouraged the public to visit
the department's Facebook page for an interactive, 360 -degree
tour. He also announced sitework has begun on the Midlothian
Fire and EMS Station, and substantial completion is anticipated
in mid- to late-FY2022. He provided details of Specialized
Services and Technology which include acquisition of a new fire
boat; acquisition of a new dive boat; participation in the
Virginia Helicopter Aquatic Rescue Team (VA HART); further
development of a drone program; and acquisition of Clover, an
accelerant detection canine trained and provided by the Bureau
of Alcohol, Tobacco, and Firearms. He stated the department
has continued to recognize its members for their selfless acts
of service despite limitations on social gatherings, and he
enumerated the many awards given this year. He then introduced
Chief Justin Adams, EMS Director, to discuss the proposed
l` Emergency Medical Services Treat/No Transport Program.
M/ Chief Adams provided the Board with a summary of the current
Revenue Recovery Program which has been in place since 2002
and supports EMS system improvements. He stated a Treat/No
Transport Fee is needed to cover emerging pre -hospital care
services. He further stated the proposed fee, calculated as
fifty percent of the ALS E fee, will be published in the Annual
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Transport Fee Schedule as published by Medicare. He stated the
fee is not intended to generate revenue but rather to help
offset the cost of providing service delivery. He then
discussed the new Emergency Triage, Treat, and Transport (ET3)
Initiative which is a five-year voluntary program by the
Centers for Medicare and Medicaid Services designed to provide
more appropriate and expedient care to residents while lowering
costs and impact on the EMS system. He explained Treat/No
Transport options including healthcare in the home and
facilitating tele -medicine, and Destination Flexibility such ]
as urgent care centers. He stated these new service options
provide the framework for more cost-effective services while
ensuring residents' needs are met and cared for by providing
the right EMS service in the right place at the right time and
navigating them to the appropriate follow-up care.
Mr. Ingle stated this is one of the most innovative programs
he has seen in the last few years and commended Fire and EMS
for their work.
Mr. Carroll concurred with Mr. Ingle and stated this program
is a cost savings to citizens without healthcare coverage.
In response to Mr. Holland's question relative to the
commencement date of the program, Chief Adams stated a smaller
pilot program is scheduled to begin January 1, 2021, and it
will be opened up to everyone in the February to March
timeframe.
Ms. Haley requested an update in six months and expressed her
appreciation for the innovative program.
Chief Senter then provided the Board with an update on the
COVID-19 vaccine. He stated the county could receive a shipment
of the vaccine before the end of the year.
Ms. Haley stated Chippenham and Johnston -Willis Hospitals have
received their shipments, and vaccinations are being
administered.
Chief Senter expressed his appreciation to the Board for its
action to implement the Public Safety Pay Plan.
3.E. CHESTERFIELD AIRPORT UPDATE
Mr. Clay Bowles, Director of General Services, provided the
Board with an update on the engagement of the Airport Advisory
Board (AAB). He reviewed the focus areas which are facility
beautification; lease and rate terms; AAB onboarding model;
rules, regulations, and minimum standards update; "luxury" T -
hangars; and strategic business plan improvements. He then
introduced Mr. Jeremy Wilkinson, Airport Manager, to provide
the remainder of the update.
Mr. Wilkinson provided the Board with a general overview of
the Airport. He stated the 2018 Economic Impact Study revealed
that the Airport contributed to approximately $52 million in
economic impact and supported 266 jobs with an annual payroll
of over $15 million. He further stated the Airport ranks fifth
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out of eight Virginia reliever airports in the number of based
aircraft and fourth in flight operations. He provided the Board
with statistics of Annual Flight Operations and T -Hangar
Occupancy Rates. He reviewed active projects such as the fuel
farm replacement, the North Ramp development, terminal
building HVAC replacement, entranceway improvements, terminal
ramp repairs, hangar lease renewal with the Virginia State
Police, movement of Airport staff to the terminal building,
land acquisition for the runway extension project and updates
to the Airport Rules and Regulation and FBO Minimum Standards.
He also reviewed early-stage projects such as the Southeast
Ramp development and economic development area for future
commercial use. He stated even with COVID-19 impacts on the
aviation industry, overall revenues exceeded expenditures for
2020. He then introduced Mr. Matt Harris, Deputy County
Administrator, to discuss an Airport financial policy on the
Consent Agenda for the Board's consideration.
Mr. Harris stated the Airport Enterprise Fund Policy will
formalize current practices to help the Airport achieve self-
sufficiency. He further stated the Public Safety Compensation
Reserve will reserve surpluses from the Public Safety
appropriations category to support the Public Safety
Compensation Plan in future fiscal years.
Ms. Haley stated the Airport is an incredible asset. She
further stated the previous Board was made aware of unmet needs
at the Airport and challenged staff to reevaluate based on
revenues generated by the Airport.
In response to Ms. Haley's question relative to the meaning of
a reliever airport, Mr. Wilkinson stated the Chesterfield
Airport hosts smaller, general aviation aircraft to reduce the
burden at Richmond International Airport.
Mr. Holland expressed appreciation to Airport staff for the
beautification efforts. He noted the significance of the
Airport's $52 million economic impact and 66 jobs.
3.F. LEARNING AND PERFORMANCE CENTER UPDATE
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Mr. Kevin Bruny, Director and Chief Learning Officer of the
Learning and Performance Center (LPC), provided the Board with
an update on the activities and initiatives of LPC. He
expressed pride in his staff's willingness to embrace change
during the pandemic. He reviewed LPC's purpose and the
composition of staff. He discussed LPC's role in establishing
a process to redeploy personnel whose time or programs did not
readily shift to teleworking when county buildings and services
were shut down at the onset of the pandemic. He provided
details of the "Beyond the New Normal" weekly email to the
workforce which was launched to inspire, educate, and cultivate
innovative thinking. He stated the Citizen Satisfaction Survey
was launched in mid-March; however, the process was stopped
because it did not seem to be the appropriate time to seek
input on how citizens engaged service delivery. He further
stated LPC has engaged the National Research Center (NRC) and
is developing a timeline to restart the survey in 2021. He
reviewed the many internal surveys crafted and deployed by LPC,
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some of which were relevant to the pandemic. He discussed
several of LPC's initiatives such as the Citizen Experience
Assessment; Talent Stewardship 2020; the 2020 Virtual Cyber
Security Summit; and uLearn courses for required employee
training. He provided details of the transition from
instructor -led training to virtual training but noted some
classes, such as Chainsaw Operation and Safety, still require
in-person training with social distancing protocols. He
expressed appreciation for the Board's support of LPC.
Mr. Winslow commended Mr. Bruny and the LPC team for their
efforts. He inquired about the permanence of virtual training
and what is working well in the current environment.
Mr. Bruny stated he believes employees will look to learn
differently now, and he anticipates future learning will be a
hybrid of in-person and virtual learning.
Ms. Haley stated certain subjects lend themselves well to a
virtual environment while others are better learned in a
classroom. She thanked LPC for the incredible amount of
information shared in these unique times.
In response to Mr. Holland's question relative to Chesterfield
University, Mr. Bruny stated Chesterfield University has
evolved, and many of the certificate programs are still
offered. He further stated LPC is looking at training
differently, especially as it pertains to the millennial
workforce.
4. REPORTS
4.A. KEY FINANCIAL INDICATORS QUARTERLY REPORT
The Board accepted the Key Financial Indicators Quarterly
Report.
4.B. DISTRICT IMPROVEMENT FUNDS (DIF) MONTHLY REPORT
The Board accepted the Monthly Report on District Improvement
Funds.
5. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Boyd Cave addressed the Board relative to approving funding
of a two -percent bonus for teachers.
R
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6. CLOSED SESSION
6.A. 1) PURSUANT TO SECTION 2.2-3711(A)(3). CODE OF
PUBLIC
WOULD
SITION AND
AND 2) FUR
NIA. 1950,
CONSIDER PROSPECTIVE BUSINESSES OR INDUSTRIES OR THE
lam/ EXPANSION OF EXISTING BUSINESSES OR INDUSTRIES WHERE
PREVIOUS ANNOUNCEMENT HAS BEEN NAME OF THE BUSINESSE
OR INDUSTRIES' INTEREST IN LOCATING OR EXPANDING THE
On motion of Mr. Holland, seconded by Mr. Ingle, the Board went
into closed session 1) pursuant to Section 2.2-3711(A)(3), Code
of Virginia, 1950, as amended, to discuss the acquisition by
the county of real estate for a public purpose where discussion
in an open meeting would adversely affect the bargaining
position and negotiating strategy of the public body, and 2)
pursuant to Section 2.2-3711(A)(5), Code of Virginia, 1950, as
amended, to discuss or consider prospective businesses or
industries or the expansion of existing businesses or
industries where no previous announcement has been made of the
businesses' or industries' interest in locating or expanding
their facilities in the community.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
Reconvening:
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act effective
July 1, 1989 provides for certification that such Closed
Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of Information
Act were discussed in Closed Session to which this
certification applies, and ii) only such business matters were
identified in the motion by which the Closed Session was
convened were heard, discussed or considered by the Board. No
member dissents from this certification.
Mr.
Ingle:
Aye.
Mr.
Winslow:
Aye.
Mr.
Holland:
Aye.
Mr.
Carroll:
Aye.
Ms.
Haley:
Aye.
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Ms. Haley stated due to COVID-19 and the occupancy limits of
the Public Meeting Room, citizens requesting to speak before
the Board will be given the opportunity to comment in person
at the appropriate time. She reviewed the protocols for facial
coverings and spatial distancing in accordance with Executive
Orders 72 and 63. She stated all Board members have received
and reviewed citizen comments submitted through the online
portal.
8. INVOCATION J
The Honorable Kevin Carroll, Matoaca District Supervisor, gave
the invocation.
9. PLEDGE OF ALLEGIANCE
Mr. Matt Harris, Deputy County Administrator, led the Pledge
of Allegiance to the Flag of the United States of America.
10. COUNTY ADMINISTRATION UPDATE
• Dr. Casey announced Economic Development just closed the
third round of its Back In Business grant program, and
over $5 million in grants have been awarded to 439 county
businesses.
10.A. NATIONAL NIGHT OUT RECOGNITION
Dr. Casey announced out of the thousands of communities that
participated in the 371n Annual National Night Out in 2020,
Chesterfield County placed fourth in the nation among
communities with a population of 300,000 or more. He stated
this year's placement is the highest placement received since
participating in the program. He further stated the Police
Department values the relationships with the county's
communities and looks forward to building even stronger ties
in 2021.
10.8. EMPLOYEE RECOGNITIONS
Dr. Casey announced Mr. Bob Smet, Director of Parks and
Recreation, was recently appointed to the Board of Directors
for the National Association of County Park and Recreation
Officials (NACPRO). He stated the appointment is a tremendous
honor for Mr. Smet, the Department of Parks and Recreation,
and the county as a whole. He then discussed how Parks and
Recreation has continued to offer the chair fitness program
for older adults at Stonebridge Recreational Center by
splitting the class between the gym and the multipurpose room IJ
and utilizing technology to livestream the instructor, thereby
allowing the instructor to interact with all participants at
the same time.
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10.C. OTHER COUNTY ADMINISTRATION UPDATES
• Dr. Casey announced Libraries' Learning Pod program
developed and deployed this past summer has been
recognized by the Urban Library Council for excellence in
Organizational Change and Strategic Management.
• Dr. Casey announced Communications and Media has
developed an online resource that allows residents to
easily locate Chesterfield addresses that are all decked
out for the holidays and navigate around the county to
enjoy some festive but safe Christmas cheer.
11. BOARD MEMBER REPORTS
Mr. Winslow recognized Mr. Steve Meadows, who was present to
receive the previously adopted resolution recognizing the 80th
anniversary of the Chesterfield Ruritan Club. He then
recognized SOAR 365 for recently completing a tree -planting
project along a major thoroughfare in the county.
Mr. Ingle announced he had the opportunity to observe the
Environmental Engineering drainage crew work on a project to
rehabilitate a stream, and he stated he was thoroughly
impressed with their work. He also announced he met with
Station 14 firefighters and EMS personnel, and he shared his
experience observing training scenarios for a fire and an
active shooter.
Mr. Holland expressed his appreciation to Ms. Pam Cooper and
the Department of Community Enhancement for their
beautification efforts at the Airport and throughout the
county. He extended holiday greetings to all.
Ms. Haley recognized the Chesterfield Observer as a community
partner providing readers with an honest and thorough
examination of topics that are most important to them. She
congratulated the newspaper for 25 years of service to the
community.
12. RESOLUTIONS AND SPECIAL RECOGNITIONS
There were no Resolutions or Special Recognitions at this time.
13. NEW BUSINESS
13.A. APPOINTMENTS
13.A.1. CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY
k
On motion of Mr. Winslow, seconded
by Mr. Carroll, the Board
�✓
simultaneously nominated/appointed
Mr. Cary
Drane to serve as
a board member on the Central Virginia
waste Management
Authority, whose term is effective
January
1, 2021 and will
expire on December 31, 2024.
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And, further, the Board nominated/ reappointed Mr. Al Pace to
serve as an alternate, whose term is effective January 1, 2021
and will expire on December 31, 2024.
And, further, the Board reassigned Mr. Scott Zaremba to serve
as an alternate and Mr. Clay Bowles to serve as a board member.
Mr. Zaremba's term is effective immediately and will expire on
December 31, 2023. Mr. Bowles' term is effective January 1,
2021 and will expire on December 31, 2024.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.A.2. BOARD OF BUILDING AND FIRE CODE APPEALS
On motion of Mr. Holland, seconded by Mr. Ingle, the Board
simultaneously nominated/appointed Mr. Matthew Coyner to
replace Mr. Jim Ingle as a member of the Board of Building and
Fire Code Appeals, whose term is effective December 16, 2020
and will expire November 19, 2021.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.A.3. CAMP BAKER MANAGEMENT BOARD
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
simultaneously nominated/ appointed Ms. Elizabeth Hart to serve
as an at -large representative on the Camp Baker Management
Board, whose term is effective December 16, 2020 and will
expire April 30, 2021.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.A.4. AGRIBUSINESS PROMOTION AND DEVELOPMENT COMMITTEE
On motion of Mr. Holland, seconded by Mr. Carroll, the Board
simultaneously nominated/ appointed Mr. Mark Landa (Bermuda
District representative), Ms. Tracey Lockett (Clover Hill
District representative), Mr. Howard Nester (Dale District
representative), Mr. Matt Ray (Midlothian District
representative), and Mr. Andrew Thomas (Matoaca District
representative) to serve as members of the Agribusiness
Promotion and Development Committee, whose terms are effective
January 1, 2021 and will expire December 31, 2022.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.A.5. CHESTERFIELD COMMUNITY SERVICES BOARD
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
simultaneously nominated/appointed/reappointed Mr. Vince
Burgess (at -large representative), Mr. Ray Gabehart (at -large
representative), Mr. Gibbons Sloan (at -large representative),
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and Mr. Mike Giancaspro (Midlothian District representative)
to serve on the Community Services Board, whose terms are
effective January 1, 2021 and will expire December 31, 2023.
And, further, the Board changed Mr. Nick Pappas from an at -
large representative to the Dale District representative for
the duration of his term which will expire on December 31,
2022.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B. CONSENT ITEMS
13.B.1. ADOPTION OF RESOLUTIONS
13.B.1.a. RESOLUTION RECOGNIZING MS. DEBORAH A. TAYLOR,
DEPARTMENT OF MENTAL HEALTH SUPPORT SERVICES
UPON HER RETIREMENT
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
adopted the following resolution:
WHEREAS, Ms. Deborah A. Taylor will retire from the
Chesterfield County Mental Health Support Services Department
on January 1, 2021; and
WHEREAS, Ms. Taylor began her public service with
Chesterfield County on September 4, 2001 as a Medical Records
Office Assistant and remained in that role until August 31,
2002; and
WHEREAS, Ms. Taylor continued her public service with
Chesterfield County on August 31, 2002 when she was promoted
by the Accounts Receivable program to a Senior Account Clerk;
and
WHEREAS, Ms. Taylor provided a high level of customer
service when working with county customers and fellow
employees, including recording of all payments received by
customers and third -party insurance companies; and
WHEREAS, Ms. Taylor was a graduate of the Chesterfield
County School of Total Quality and Continuous Improvement,
completed the requirements and obtained the Quality Generalist
Certificate and received training in Nonviolent Crisis
Intervention; and
WHEREAS, Ms. Taylor embraced and adapted to the many
changes in the healthcare industry, including managed care,
Medicaid and Medicare as well as a new Electronic Health Record
system in 2010, resulting in substantial changes to methods
for completing her work; and
WHEREAS, Ms. Taylor has been a team player within her
department as evidenced by serving on the CSB Customer Service
Committee and participating on a Process Action Team that
reviewed internal processes for distribution of medications to
customers; and
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WHEREAS, Ms. Taylor's knowledge of front desk and
cashiering duties was instrumental in the implementation of
the Same Day Access program; and
WHEREAS, Ms. Taylor has been the first point of customer
contact for billing inquiries both face-to-face and over the
phone; and
WHEREAS, Ms. Taylor has demonstrated loyalty to
Chesterfield County through her dedication and conscientious j
service and will be greatly missed.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Ms. Deborah A. Taylor, and extends
appreciation, on behalf of its members and the citizens of
Chesterfield County, for more than 19 years of dedicated
service to the county, congratulations upon her retirement,
and best wishes for a long, happy and healthy retirement.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.1.b. RESOLUTION RECOGNIZING CORPORAL PAUL A. JENKINS,
POLICE DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
adopted the following resolution:
WHEREAS, Corporal Paul A. Jenkins will retire from the
Chesterfield County Police Department on January 1, 2021 after
providing 26 years of quality service to the residents of
Chesterfield County; and
WHEREAS, Corporal Jenkins faithfully served the county as
a Patrol Officer, Senior Police Officer, Master Police Officer,
Career Police Officer and Corporal; and
WHEREAS, during his tenure, Corporal Jenkins has also
served as a Motor Officer, Certified General Instructor, Motor
Operator Instructor, Radar Instructor, Field Training Officer,
Rifle Operator, Breathalyzer Operator and as a member of the
Special Response Unit and Crash Team; and
WHEREAS, Corporal Jenkins maintained certifications to
include Federal Motor Carrier Safety Administration Commercial
Motor Vehicle Inspector; Crash and Motorcycle Crash
Investigation and Reconstruction; Crash Data Retrieval
Technician and Analyst; and Radar and Lidar speed measurement
instructor; and
WHEREAS, Corporal Jenkins has over 20 years of outstanding
Police motorcycle experience; and
WHEREAS, Corporal Jenkins Was certified to teach
motorcycle operations through the Northwestern
University/Harley Davidson Police Motorcycle Instructors
Programs; and
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WHEREAS, at one point, Corporal Jenkins was the only
officer certified in the police department to instruct
motorcycle operations; and
WHEREAS, Corporal Jenkins, a highly skilled traffic
officer, is one of the best motor officers in the Chesterfield
County Police Department and in the metro area as well; and
WHEREAS, Corporal Jenkins, an excellent role model, was
recognized by his supervisors for serving as a mentor, tutor
and informal leader to more junior motorcycle officers; and
WHEREAS, Corporal Jenkins is recognized for strong work
ethic, his teamwork, and excellent communications and human
relations skills, all of which he has utilized within the
Police Department and in assisting residents of Chesterfield
County during his career; and
WHEREAS, Corporal Jenkins has received numerous letters
of commendation, thanks and appreciation for services
rendered; and
WHEREAS, Corporal Jenkins 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 Jenkins' diligent service.
NOW, THEREFORE, BE IT RESOLVED that a copy of this
resolution be presented to Corporal Jenkins, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.H.1.c. RESOLUTION RECOGNIZING MR. MICHAEL H. DANCE,
ACCOUNTING DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
adopted the following resolution:
WHEREAS, Mr. Michael H. Dance will retire on November 30,
2020, after providing more than 20 years of dedicated and
faithful service to Chesterfield County; and
WHEREAS, Mr. Dance began his career in public service with
Chesterfield as an Assistant Director of Accounting in 1999,
serving in that capacity for more than 20 years; and
WHEREAS, Mr. Dance provided oversight and leadership for
accounts payable, financial systems, payroll and
administration while ensuring proper internal controls were in
place to safeguard county assets; and
WHEREAS, Mr. Dance led Accounting's biannual performance
planning that resulted in significant business process
improvements and initiatives over the years and he utilized
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this plan as the foundation in building and maintaining
Accounting's operating budget; and
WHEREAS, Mr. Dance led many projects to improve accounts
payable processing including purchasing cards, automated
clearing house payments, invoice imaging, e -Payables and
Vendor Payments (checkbook) online; and
WHEREAS, Mr. Dance managed many projects to improve
payroll processing including time and attendance, direct
deposits, employee online, and electronic W-2 delivery; and
WHEREAS, Mr. Dance led many projects to improve Accounting
staff's workplace satisfaction including employee recognition
initiatives, the execution of compensation studies and the
implementation of career development plans; and
WHEREAS, Mr. Dance served as Accounting's representative
on emergency operations teams and was exceptionally
knowledgeable regarding Federal Emergency Management Agency
compliance rules and regulations; and
WHEREAS, Mr. Dance participated in the Emerging Senior
Leaders Program; and
WHEREAS, Mr. Dance, as a member Of the core team that
evaluated and selected a vendor, contributed to the success of
the InFocus system implementation, one of the county's largest
technology undertakings, that replaced multiple stand-alone
financial systems into an integrated system that provided many
benefits to the county and schools organizations; and
WHEREAS, Mr. Dance directed staff as they worked
diligently to maintain the department's goal of providing
excellent quality services through routine operations while
substantial Accounting staff resources were devoted to
implementing the InFocus system; and
WHEREAS, Mr. Dance led or participated on numerous teams
and committees that focused on major county initiatives
including the 2013 bond and meals tax referenda, the B1uePrint
Refresh project, the opioid cost compilation project, the
payment card industry (PCI) standards committee, the InFocus
steering committee, the Paid Time Off (PTO) initiative, and
the School of Leadership and Personal Effectiveness; and
WHEREAS, not only is Mr. Dance's dedication and commitment
to quality known to his colleagues who have enjoyed working
with him during the past 20 years, his caring nature is known
and appreciated by them as well; and
WHEREAS, Mr. Dance will be sorely missed for his
professional contributions, his dedicated service, his
leadership, and his commitment to providing the highest level
of service to those served by the Accounting Department.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Michael H. Dance
for his 21 years of distinguished service to Chesterfield
20-866
12/16/2020
County and extends sincere best wishes for a long, healthy and
happy retirement.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.1.d. RESOLUTION SUPPORTING CONSTRUCTION OF THE
WYLDEROSE APARTMENTS AT WYLDEROSE AVENUE,
USING LOW INCOME HOUSING TAX CREDITS ISSUED
BY THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY
UNDER THEIR REVITALIZATION AREA DESIGNATION
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
adopted the following resolution:
A RESOLUTION CONCERNING
THE WYLDEROSE APARTMENT PROJECT
WHEREAS, PURSUANT TO Section 36-55.30:2.A of the Code of
Virginia of 1950, as amended, the Board of Supervisors of the
County of Chesterfield, Virginia, desires to designate the area
described on Exhibit A attached hereto as a revitalization
area:
NOW, THEREFORE, BE IT HEREBY DETERMINED as follows:
The above -referenced development is located on an area in
need of revitalization in the County of Chesterfield, Virginia.
The revitalization area is blighted, deteriorated, deteriorating
or, if not rehabilitated, likely to deteriorate by reason that
the buildings, improvements or other facilities in such area are
subject to one or more of the following conditions: dilapidation;
obsolescence; overcrowding; inadequate ventilation, light or
sanitation; excessive land coverage; deleterious land use; or
faulty or inadequate design, quality or condition; and private
enterprise and investment are not reasonably expected, without
assistance, to produce the construction or rehabilitation of
decent, safe and sanitary housing and supporting facilities that
will meet the needs of low and moderate income persons and
families in such area and will induce other persons and families
to live within such area and thereby create a desirable economic
mix of residents in such area.
NOW, THEREFORE, BE IT HEREBY RESOLVED that pursuant to
Section 36-55.30:2.A of the Code of Virginia of 1950, as amended,
the area is hereby designated as a revitalization area.
Adopted by the Board of Supervisors of the County of
Chesterfield, Virginia, on the 16th day of December, 2020.
(It is noted a copy of Exhibit A is filed with the papers of
this Board.)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
20-867
12/16/2020
13.B.1.e. RESOLUTION TO ESTABLISH AN EMERGENCY MEDICAL
SERVICES TREAT/NO TRANSPORT REIMBURSEMENT FEE
IN ACCORDANCE WITH CHAPTER 10, SECTION 10-10 OF
THE CHESTERFIELD COUNTY CODE OF ORDINANCES
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
adopted the following resolution:
In accordance with Chapter 10, Section 10-10 of the County
Code, the Board hereby authorizes Chesterfield Fire and
Emergency Medical Services to charge a "treat/no transport"
fee equivalent to one-half of the ALS E 0427 fee rate as
published by the Fire & EMS Department.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.1.f. RESOLUTION TO DISSOLVE THE WATKINS CENTRE
COMMUNITY DEVELOPMENT AUTHORITY
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
adopted the following resolution:
RESOLUTION CONCURRING IN THE DECLARATIONS
AND FINDINGS OF THE WATKINS CENTRE
COMMUNITY DEVELOPMENT AUTHORITY AND
AUTHORIZING THE DISSOLUTION OF SUCH
AUTHORITY AND THE EXECUTION OF DOCUMENTS
IN CONNECTION THEREWITH
WHEREAS, the Board of Supervisors (the "Board of
Supervisors") of Chesterfield County, Virginia (the "County")
received a petition dated July 19, 2006 (as amended by an
amendment thereto dated February 12, 2007, the "Petition") from
certain landowners for the creation of the Watkins Centre
Community Development Authority (the "CDA");
WHEREAS, in accordance with the provisions of the Virginia
Water and Waste Authorities Act, the Board of Supervisors
adopted an Ordinance on August 23, 2006, as amended by an
Ordinance adopted on March 14, 2007, establishing the CDA for
the purpose of financing certain public improvements described
the Petition;
WHEREAS, the CDA's Amended and Restated Articles of
Incorporation were approved and an amended certificate of
incorporation was issued by the Virginia State Corporation
Commission on November 1, 2007;
WHEREAS, the Board of Supervisors has received a certified
copy of a Resolution of the CDA adopted on December 3, 2020
making certain findings and determinations and requesting the
Board of Supervisors to dissolve the CDA in accordance with
Section 15.2-5109 of the Code of Virginia of 1950, as amended
(the "Code");
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
20-868
12/16/2020
1. Authorization of CDA Dissolution. The Board of
Supervisors hereby concurs with the findings and declarations
contained in the CIA's Resolution that (i) the purposes for
which the CDA was created have been completed, (ii) all of the
CDA's obligations have been paid or funds have been reserved
and are available to make any such payments and (iii) the CDA
should be dissolved in accordance with Section 15.2-5109 of
the Code. The Chairman and Vice Chairman of the Board of
Supervisors and the County Administrator, any of whom may act,
are hereby authorized to execute, deliver and file any and all
such documents, including, without limitation, Articles of
Dissolution and Articles of Termination, as they deem necessary
or desirable in order to effect the dissolution of the CDA and
the termination of its existence.
2. Effective Date. This resolution shall take effect
immediately.
(It is noted a copy of the Resolution of the CDA adopted on
December 3, 2020 is filed with the papers of this Board.)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.8.2. REAL PROPERTY REQUESTS
13.B.2.a. ACCEPTANCE OF PARCELS OF LAND
13.B.2.a.1. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO
OLD STAGE ROAD FROM TALLEY PROPERTIES OLD
STAGE ROAD, LLC
(W On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
accepted the conveyance of a parcel of land containing 0.186
acres adjacent to Old Stage Road from Talley Properties Old
Stage Road, 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: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.2.a.2. DESIGNATION OF A PARCEL OF LAND FOR THE
EXTENSION OF GROVE HILL ROAD FOR THE
COALFIELD STATION PHASE 1 PROJECT
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
designated a parcel of land containing 0.043 acres as a public
right of way across county property known as Midlothian Middle
School for the extension of Grove Hill Road for the Coalfield
Station Phase 1 project. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
20-869
12/16/2020
13.B.2.b. REQUESTS TO QUITCLAIM
13.B.2.b.1. REQUEST TO QUITCLAIM A VARIABLE WIDTH
DRAINAGE EASEMENT AND MAINTENANCE CONTRACT
ACROSS THE PROPERTY OF TALLEY PROPERTIES OLD
STAGE ROAD, LLC
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
authorized the Chair of the Board of Supervisors and the County
Administrator to execute a quitclaim deed to vacate a Variable
Width Drainage Easement and Maintenance Contract across the
property of Talley Properties Old Stage Road, LLC. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.2.b.2. REQUEST TO QUITCLAIM A VARIABLE WIDTH DRAINAGE
EASEMENT (PRIVATE) ACROSS THE PROPERTY OF 900
POCONO, LLC
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
authorized the Chair of the Board of Supervisors and the County
Administrator to execute a quitclaim deed to vacate a Variable
Width Drainage Easement (Private) across the property of 900
Pocono, LLC. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.8.3. ACCEPTANCE OF FY2021 BUREAU OF JUSTICE ASSISTANCE
(BJA) REDUCING INJURY AND DEATH OF MISSING
INDIVIDUALS WITH DEMENTIA AND DEVELOPMENTAL
DISABILITIES PROGRAM GRANT AWARD
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
accepted and appropriated FY2021 Reducing Injury and Death of
Missing Individuals grant award, in the amount of $88,775, from
the Bureau of Justice Assistance for the enhancement of the
current Chesterfield County Police Department's Project
Lifesaver program.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.8.4. ACCEPTANCE AND APPROPRIATION OF CARES FUNDING
FOR THE DEPARTMENT OF UTILITIES
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
confirmed the County Administrator's acceptance of Coronavirus
Aid, Relief, and Economic Security (CARES) Act funds and \
appropriated $1,311,102.72 to the Department of Utilities to
assist customers with accounts over thirty days in arrears who
are experiencing economic hardships due to the COVID-19
pandemic.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
20-870
12/16/2020
13.B.5. PROPOSED FY2021 UTILITIES OPERATING BUDGET
AMENDMENTS FOR WATER AND WASTEWATER TREATMENT
PLANTS AND PROPOSAL OF NEW POSITIONS
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board (1)
appropriated $5.15 million from Utilities Unrestricted Net
Position for repairs and associated operating expenses related
to water and wastewater facility damages and (2) approved the
creation of four new positions.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.6. RESTRUCTURE OF THE AGRICULTURE AND FORESTRY
rnI TTTRR
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
changed the name of the Agricultural and Forestry Committee to
the Agribusiness Promotion and Development Committee and
approved the restructure of the committee as follows: one
representative from each magisterial district for a total of
five members, and ex officio members and non-voting advisors
from Virginia Cooperative Extension, Virginia State
University, James River Soil and Water Conservation District,
Pocahontas State Park, and Chesterfield County Departments of
Planning, Environmental Engineering, and Economic Development.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
aw 13.8.7. APPROVAL OF AMENDED MOU WITH DOMINION RELATING
TO TRANSPORTATION PLAN IN THE VICINITY OF THE
CHESTERFIELD POWER STATION
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
approved the Amended and Restated Memorandum of Understanding
Between Dominion Energy Virginia and the County of
Chesterfield, Virginia, for Preserving Access to Certain
County Recreational Facilities.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.8. UPDATE OF COUNTY FINANCIAL POLICIES
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
approved the creation of Budget and Management policies
pertaining to the Public Safety Compensation Reserve and the
Airport Enterprise Fund.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
20-871
12/16/2020
13.8.9. APPROVAL OF AN AMENDMENT TO GRANT AGREEMENT
WITH SHAMIN HOTELS, INC.
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board (1)
approved an Amendment to Grant Agreement with Shamin Hotels,
Inc. extending the performance date from July 31, 2024, to July
31, 2026, and (2) authorized the County Administrator to make
an additional reasonable extension to the performance date.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.10. SET PUBLIC HEARING TO CONSIDER AMENDMENT TO
COUNTY CODE 9-51 REGARDING PENALTY FOR FAILING
TO FILE A TAX RETURN FOR CERTAIN PERSONAL
PROPERTY
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board set
the date of January 27, 2021, for a public hearing to consider
an amendment to County Code Section 9-51 eliminating the
penalty for failing to file a personal property tax return for
boats, trailers, or aircraft by March 1.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.8.11. AMENDMENT TO THE FY2019-2020 COMMUNITY
DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIPS GRANT ANNUAL ACTION PLAN TO
INCORPORATE CDBG-CV FUNDING/APPROPRIATION OF
FUNDS
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
adopted the FY2019-2020 Community Development Block Grant and
HOME Investment Partnerships Grant Annual Action Plan with
changes as approved, and amended the appropriations to include
the Community Development Block Grant -Coronavirus (CDBG-CV)
funding of $1,216,799.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.8.12. ACCEPTANCE OF STATE ROADS
On motion of Mr. Ingle, seconded by Mr. Carroll, 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.
20-872
12/16/2020
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 Sections 33.2-705 and 33.2-334, 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.
Project/Subdivision: Stonebridge Gardens West at Ironbridge
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: 533.2-705, 33.2-334
Street Name and/or Route Number
• West Stonepath Garden Drive, State Route Number 8237
From: Avaclaire Drive, (Route 8239)
To: The cul-de-sac, a distance of: 0.05 miles
Recordation Reference: Plat Book 246, Page 57
Right of Way width (feet) = 47
• West Stonepath Garden Drive, State Route Number 8237
From: South Chalkley Road, (Route 632)
To: Rubystone Drive, (Route 8238), distance of: 0.04 miles
Recordation Reference: Plat Book 246, Page 57
Right of Way width (feet) = 47
• West Stonepath Garden Drive, State Route Number 8237
From: Rubystone Drive, (Route 8238)
To: Avaclaire Drive, (Route 8239), a distance of: 0.06 miles.
Recordation Reference: Plat Book 246, Page 57
Right of Way width (feet) = 47
• Rubystone Drive, State Route Number 8238
From: West Stonepath Garden Drive, (Route 8237)
To: Avaclaire Drive, (Route 8239), a distance of: 0.04 miles
Recordation Reference: Plat Book 246, Page 57
Right of Way width (feet) = 47
• Rubystone Drive, State Route Number 8238
From: Avaclaire Drive, (Route 8239)
To: Branders Creek Drive, (Route 5909), distance of: 0.06
miles
Recordation Reference: Plat Book 246, Page 57
Right of Way width (feet) = 47
• Avaclaire Drive, State Route Number 8239
From: West Stonepath Garden Drive, (Route 8237)
To: Rubystone Drive, (Route 6238), a distance of: 0.07 miles
Recordation Reference: Plat Book 246, Page 57
Right of Way width (feet) = 54
And, further, the Board adopted the following resolution
20-873
12/16/2020
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 Sections 33.2-705 and 33.2-334, 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.
Project/Subdivision: Sundial Farms at the Highlands Section
5
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: 533.2-705, 33.2-334
Street Name and/or Route Number
Amara Drive, State Route Number 8154
From: 0.02 miles north of Fedora Drive, (Route 7911)
To: Galatea Place, (Route 8250), a distance of 0.07 miles
Recordation Reference: Plat Book 270, Page 94
Right of Way width (feet) = 50
• Amara Drive, State Route Number 8154
From: Galatea Place, (Route 8250)
To: The temporary turnaround easement, a distance of 0.05
miles
Recordation Reference: Plat Book 270, Page 94
Right of Way width (feet) = 50
• Galatea Place, State Route Number 8250
From: Amara Drive, (Route 8154)
To: The cul-de-sac, a distance of 0.31 miles
Recordation Reference: Plat Book 270, Page 94
Right of Way width (feet) = 50
Fedora Drive, State Route Number 7911
From: 0.02 miles east of Amara Drive, (Route 8154)
To: The cul-de-sac, a distance of 0.30 miles
Recordation Reference: Plat Book 270, Page 94
Right of Way width (feet) = 50
• Amara Drive, State Route Number 8154
From: 0.15 miles south of Aldera Lane, (Route 7732)
To: The cul-de-sac, a distance of 0.15 miles.
Recordation Reference: Plat Book 270, Page 94
Right of Way width (feet) = 50
20-874
12/16/2020
And, further, 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
V 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 Sections 33.2-705 and 33.2-334, 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.
Proiect/Subdivision: Lake Margaret Section 1
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334
Street Name and/or Route Number
Lake Margaret Drive, State Route Number 8251
From: Woodpecker Road, (Route 626)
To: Clancy Court, (Route 8252), a distance of 0.10 miles
Recordation Reference: Plat Book 238, Page 16
Right of Way width (feet) - 85
• Lake Margaret Drive, State Route Number 8251
From: Clancy Court, (Route 8252)
To: Lake Margaret Terrace, (Route 8254), a distance of 0.15
miles
Recordation Reference: Plat Book 238, Page 18
Right of Way width (feet) = 50
• Lake Margaret Drive, State Route Number 8251
From: Lake Margaret Terrace, (Route 8254)
To: The end of maintenance, a distance of 0.01 miles
Recordation Reference: Plat Book 238, Page 18
Right of Way width (feet) = 50
20-875
12/16/2020
Clancy Court, State Route
Number
8252
From: Lake Margaret Drive,
(Route
8251)
To: The cul-de-sac, a distance
of
0.12 miles
Recordation Reference: Plat
Right of Way width (feet) =
Book 238, Page 18
50
• Clancy Place, State Route
Number
8253
From: Lake Margaret Drive,
(Route
8251)
To: The cul-de-sac, a distance
of
0.12 miles
Recordation Reference: Plat
Book 238, Page 18
Right of Way width (feet) =
50
20-875
12/16/2020
• Lake Margaret Terrace, State Route Number 8254
From: Lake Margaret Drive, (Route 8251)
Highways:
To: The cul-de-sac, a distance of 0.28 miles
Recordation Reference: Plat Book 238, Page 18
Right of Way width (feet) = 50
33.2-334
• Lake Margaret Place, State Route Number 8255
From: Lake Margaret Drive, (Route 8251)
To: The cul-de-sac, a distance of 0.14 miles
Recordation Reference: Plat Book 238, Page 18
1
Right of Way width (feet) = 50
J
And, further, 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
miles
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, 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.
Project/Subdivision: Lake Margaret Section 4
Type Change to the Secondary System miles of State
Highways:
Addition
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: §33.2-705,
33.2-334
Street Name and/or Route Number
Killycrom Drive, State Route Number 8256
From: Woodpecker Road, (Route 626)
To: McKibben Drive, (Route 8257), a distance of:
0.10 miles
Recordation Reference: Plat Book 259, Page 88
Right of Way width (feet) = 85
• Killycrom Drive, State Route Number 8256
From: McKibben Drive, (Route 8257)
To: The cul-de-sac, a distance of: 0.37 miles
Recordation Reference: Plat Book 259, Page 88
Right of Way width (feet) = 50
• McKibben Drive, State Route Number 8257
From: Killycrom Drive, (Route 8256)
To: The end of maintenance, a distance of: 0.04
miles
Recordation Reference: Plat Book 259, Page 88
Right of Way width (feet) = 50
20-876
12/16/2020
• McKibben Drive, State Route Number 8257
From: Killycrom Drive, (Route 8256)
To: McKibben Court, (Route 8258), a distance of: 0.19 miles
Recordation Reference: Plat Book 259, Page 88
Right of Way width (feet) = 50
McKibben Drive, State Route Number 8257
From: McKibben Court, (Route 8258)
To: The cul-de-sac, a distance of: 0.06 miles
((f Recordation Reference: Plat Book 259, Page 88
W Right of Way width (feet) = 50
• McKibben Court, State Route Number 8258
From: McKibben Drive, (Route 8257)
To: The cul-de-sac, a distance of: 0.05 miles
Recordation Reference: Plat Book 259, Page 88
Right of Way width (feet) = 50
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.13. APPROPRIATE SCHOOLS FEDERAL INDIVIDUALS WITH
DISABILITIES EDUCATION ACT (IDEA) GRANT
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
appropriated Schools Federal Individuals with Disabilities
Education Act (IDEA) grant in the amount of $424,193.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.14. AWARD OF CONTRACT
13.8.14.a. FOR COUNTY PROJECT #15-0158, METER
INSTALLATION SERVICES FOR THE ADVANCED
METERING INFRASTRUCTURE PROJECT
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
authorized the Director of Procurement to award the meter
installation services for the advanced metering infrastructure
project to Utility Partners of America, LLC, in the amount of
$7.7 million and execute all necessary change orders up to the
full amount budgeted for the advanced metering infrastructure
project.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.14.b. FOR HUGUENOT PUMP STATION WATER TRANSMISSION
MAIN PROJECT
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
authorized the Director of Procurement to award the
construction contract to C.A. Murren and Sons Company, Inc.,
in the amount of $10,026,417 and execute all necessary change
orders up to the full amount budgeted for the Huguenot Pump
Station Water Transmission Main project.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
20-877
12/16/2020
14. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
15. DEFERRED ITEMS
15.A. CODE AMENDMENT RELATIVE TO ROUTE 1 RESIDENTIAL
OVERLAY AND NORTHERN JEFFERSON DAVIS HIGHWAY
DESIGN DISTRICT DEVELOPMENT STANDARDS (20PJ0119)
Mr. Ray Cash, Zoning Administrator, stated this item was
deferred at the November 18, 2020, meeting. He noted staff met
with citizens on December 4, 2020, to discuss the proposed
amendments, answer questions, and address impacts.
On motion of Mr. Ingle, seconded by Mr. Winslow, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND REENACTING SECTIONS 19.1-53, 19.1-378 &
19.1-379 OF THE ZONING ORDINANCE RELATIVE TO
ROUTE 1 RESIDENTIAL OVERLAY AND NORTHERN JEFFERSON
DAVIS HIGHWAY DESIGN DISTRICT DEVELOPMENT STANDARDS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19.1-53, 19.1-378 & 19.1-379 of the Code of
the County of Chesterfield, 1997, as amended, are amended and
re-enacted, to read as follows:
Chapter 19.1
ZONING
Those uses listed as "R" or `RS" in Table 19.1-52.A. shall be permitted in the respective
zoning districts provided that the restrictions as outlined below we met. If the restrictions
cannot be met, the use may be allowed in the respective zoning district through either a
Conditional Use or Special Exception.
000
Dwelling, multifamily
000
2. C-3, C-5 Districts:
a. Project fronts Jefferson Davis Highway north of Osborne Road and property is
recommended for Neighborhood Business, Community Business, Suburban
Residential ll, Residential Mixed Use or Community Mixed Use in the
Comprehensive Plan;
b. Except as provided herein, use is located within 500 feet of Jefferson Davis
Highway, this would not preclude accessory parking or buildings from extending
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beyond the 500 feet. Within a development the director of planning may approve
units to be up to 800 feet from Jefferson Davis Highway where:
i. no more than 50 percent of the development's multifamily dwellings
are located beyond 500 feet from Jefferson Davis Highway;
ii. the project has a building containing a permitted principal use within
50 feet of, and directly fronting, Jefferson Davis Highway; and
iii. the impact of such project extension on adjacent residentially zoned
property is mitigated through increased buffer, walls or other site or
building design improvements as approved at time of plan review;
c. Project has a minimum of 100 feet of contiguous frontage along Jefferson Davis
Highway;
d. Project size is no less than 3 acres and no more than 10 acres, provided that
projects of 1.5 acres shall be permitted if located at the intersection of a local road
with Jefferson Davis Highway;
e. Minimum density is 15 dwelling units per acre;
f. In addition to buffers required by Table. I 9.1-263.A. Lb., where use is located
adjacent to an occupied C or I property outside of project, a buffer shall be
provided between use and the adjacent property as required between the
applicable C or I district and a R -MF zoning district;
g. Project meets Northern Jefferson Davis Highway Design District (NJDHDD)
standards as identified in Sec. 19.1-379 except as otherwise stated within this
subsection;
h. For projects containing less than 6 acres, buildings shall be a minimum of stories
and a maximum of 4 stories. For projects 6 acres or more, buildings shall be a
minimum of 3 stories and a maximum of 6 stories. In no case shall the height of
a building exceed 3 stories or 40 feet within 100 feet of MH or R districts;
i. The greater of 50 square feet per residential unit or 10 percent of total project area
shall be provided as hardscaped or landscaped common area. Up to 50 percent of
required common area may include rooftop garden space where such space is
commonly accessible to, and provides elements designed to facilitate social and
`
activity space for, residents;
j. At least 50 percent of residential units located above ground floor shall have a
usable balcony consisting of a minimum area of 5 feet by 8 feet. Through the
utilization of up to two of the below, the percentage of balconies required may be
reduced to no less than 30 percent of residential units located above ground floor
as provided below:
i. 10 percent reduction for the inclusion of commonly shared internal
space a minimum of 20 square feet per residential unit in development
with amenities as deemed appropriate at time of plan review for the
social and recreational activity of residents. Such areas may also
include space intended to serve the educational and occupational
needs of residents but shall be exclusive of any area utilized for
leasing, maintenance or overall management of the development;
ii. 10 percent reduction where project common area is increased by 10
percent and there is the inclusion of outdoor amenities and facilities.
for active or passive recreation as deemed appropriate at time of plan
review for residents such as playground, pool, outdoor kitchen with
patio, patio with furniture, gazebo, walking trails, fitness stations or
similar; or
iii. 10 percent reduction for the provision of rooftop common area,
inclusive of required common area, a minimum of 20 square feet per
residential unit in development for social and recreational activity of
the residents;
At time of plan review, the director of planning may provide proportional
adjustment to the percentages of required balconies where determined that
elements proposed in i, ii, and iii above are included in combination at less that
the provided standards, but in no case shall such adjustment be reduced to less
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than 30 percent of residential units located above ground floor having the required
balconies.
k. Buildings shall be designed to impart harmonious proportions and avoid
monotonous facades or large bulky masses. Buildings containing multifamily
units shall possess architectural variety while at the same time have an overall
cohesive urban character. Design elements shall be included such as, but not
limited to, wall offsets, balconies, terraces, articulation of doors and windows,
sculptural or textural relief of facades, banding and patterning of masonry,
architectural ornamentation, varied rooflines, other appurtenances such as
lighting fixtures and plantings that achieve desired design;
I. The first floor of a building directly fronting Jefferson Davis Highway shall meet
applicable commercial building code requirements so as to provide for flexibility
to accommodate either commercial or residential uses. The first floor of a
building directly fronting a road shall be on grade with adjacent pedestrian
walkway and have a minimum of 12 foot ceilings, or a higher standard if required
by commercial building code, where fronting Jefferson Davis Highway. This is
not intended to preclude the use of an interior elevated floor design for residential
uses to provide privacy;
in. In addition to requirements of the NJDHDD, architecture for buildings containing
dwellings shall employ masonry at least to top of first floor on all facades visible
from a road;
n. Commercial uses in the project are limited to those permitted in a C-2 district,
excluding automobile accessory store, automobile rental, automobile self service
station and automobile self service station, unmanned;
o. Views of parking areas shall be minimized from public rights of way and/or single
family residential properties via a building, landscaping, architectural walls
and/or decorative fencing; and
p. Administrative site plan review times shall be in accordance with Sec.19.1-30
with the exception that initial review for such projects shall not be acted upon any
sooner than 21 days from the latter of the date of required sign posting or written
notification sent.
000
000
(It is noted Subsection C.11. was deleted from Section 19.1-
378.)
C. Other Required Conditions.
11. Deck Parking. Deck parking structures shall have permitted residential,
commercial or office uses located along the ground floor or be located behind
another building located on the lot.
(2) That this ordinance shall become effective immediately
after adoption.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
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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
20SN0585
In Clover Hill Magisterial District, Deerhill Properties, LLC
requests rezoning from Agricultural (A) to General Industrial
(I-2) District and amendment of zoning district map on 5.6
acres fronting 335 feet on the south line of Genito Road, 160
feet west of South Ridge Drive. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Corporate
Office/Research & Development/ Light Industrial. Tax IDs 737-
687-1924 and 3752.
Ms. Sara Hall stated Planning staff received no comments for
Case 20SN0585, and the Planning Commission recommended
approval subject to the proffered conditions and attachments
in the staff report.
Mr. Andy Scherzer, representing the applicant, accepted the
conditions.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
approved Case 20SN0585 and accepted the following proffered
conditions:
1. Utilities. Public water and wastewater shall be used. (U)
2. Access. There shall be no direct vehicular access from
the property to Genito Road. (T)
3. Uses. Permitted uses shall be limited to the following:
a. Uses permitted by right or with restrictions in the
Light Industrial (I-1) District
b. Contractor's office, shop, and storage yard
C. Outside storage consistent with the restrictions in
the I-2 District. (P)
4. Conceptual Plan. The development of the property shall
generally conform to the Conceptual Plan titled Zoning
Exhibit Plan, last revised August 6, 2020, with respect
to the location of the variable width setback, outside
storage areas and main internal circulation path. The
location, type and quantity of equipment and cranes is
subject to change based on daily operational needs but
shall stay within the designated areas for outside
storage. (P)
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5. Lights. Freestanding light fixtures shall not exceed a
height of twenty (20) feet measured from the top of curb.
(P)
6. Building Size. No newly constructed building shall exceed
30,000 gross square feet in area. (P)
7. Architectural Treatment. In addition to the architectural
requirements of the Zoning Ordinance, the following
standards shall apply for newly constructed buildings: 1/
a. The building exterior (all sides) of any building
within 200 feet of the ultimate right of way of
Genito Road shall be constructed of brick, decorative
masonry, or stone finish. This shall not preclude
decorative accents or trims of alternate materials
(i.e. EIFS, precast concrete, etc.) subject to the
review and approval of the Planning Department at
the time of site plan approval.
b. The building exterior of any building located farther
than 200 feet of the ultimate right of way of Genito
Road shall be constructed of metal with a concrete
masonry unit (CMU), brick, or E.F.I.S. finish on the
front elevation for a height of eight (8) feet
measured from ground elevation (excluding openings
for doors, windows or similar features).
C. Any building exterior that is deemed to be adequately
screened due to, but not limited to, topography,
vegetation or similar features shall not be required
to be constructed of the above materials provided
the architectural treatment of the building
otherwise complies with the Zoning Ordinance. (P)
8. Screening. The outside storage area shall be screened from
view of Genito Road and the first 300 feet of Tax Parcel
737-687-4811. A phasing plan for screening mechanisms
shall be submitted for approval in conjunction with final
site plan review. Screening shall be accomplished by the
following:
a. A variable width setback, ranging from seventy (70)
feet to eighty-five (85) feet, along Genito Road.
Within this setback, a fifty -foot (50') buffer shall
be provided by existing vegetation and additional
landscaping in accordance with the Zoning Ordinance
requirements for fifty (50) foot buffers. Additional
screening shall be accomplished through a berm and
either added landscaping or a fence, or a combination
thereof. The exact location and design shall be
determined in conjunction with final site plan
approval. )t
b. A durable opaque ten (10) foot fence and/or `+
building/structure shall be used for screening
purposes between Tax Parcels 737-687-3752 (the
subject property) and 737-687-4811 (the adjacent
property). The exact location and design shall be
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determined in conjunction with final site plan
21SN0503
In Matoaca Magisterial District, Harley and Jayne Rich request
conditional use to permit farm animals in an Agricultural (A)
District and amendment of zoning district map on 2.9 acres
known as 13631 Bundle Road. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Rural
Residential/Agricultural use. Tax ID 743-636-8667.
Ms. Hall stated Planning staff received no comments for Case
21SN0503, and the Planning Commission recommended approval
subject to the conditions and attachments in the staff report.
Mr. Tyler Walter stated the applicants could not be present,
but the Planning Department received written confirmation that
the applicants accept the conditions and believe they are fair
under state law.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Carroll, seconded by Mr. Ingle, the Board
approved Case 21SN0503 subject to the following conditions:
1. Use. This conditional use approval shall be for a farm
use (less than three (3) acres) and shall be limited to:
a. The keeping of a maximum of two (2) horses.
b. The keeping of animals limited to a collective
maximum of twelve (12) chickens, fowl, rabbits, or
other small domesticated livestock.
C. The keeping of cows, sheep, goats, and pigs shall
Le not occur. (P)
2. Commercial Activity. No commercial activity, such as the
breeding or sale of animals, shall be permitted in
conjunction with this use. (P)
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approval. (P)
9.
Site Plan. A new site plan, incorporating both
subject
properties, shall be submitted within 90 days
of any
zoning action(s) by the Board of Supervisors. (P)
10.
Hours of Operation. Operation shall be confined
to the
hours between 6:30 am and 9:00 pm, Monday
through
`
Saturday. No Sunday operation shall be permitted.
During
non -operational hours, cranes shall be lowered to
night
position at a maximum of eighty (80) feet. (P)
11.
Storage Equipment. A maximum of three (3)
active
operational outdoor cranes shall be allowed on site.
(P)
Ayes:
Haley, Carroll, Ingle, Winslow and Holland.
Nays:
None.
21SN0503
In Matoaca Magisterial District, Harley and Jayne Rich request
conditional use to permit farm animals in an Agricultural (A)
District and amendment of zoning district map on 2.9 acres
known as 13631 Bundle Road. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Rural
Residential/Agricultural use. Tax ID 743-636-8667.
Ms. Hall stated Planning staff received no comments for Case
21SN0503, and the Planning Commission recommended approval
subject to the conditions and attachments in the staff report.
Mr. Tyler Walter stated the applicants could not be present,
but the Planning Department received written confirmation that
the applicants accept the conditions and believe they are fair
under state law.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Carroll, seconded by Mr. Ingle, the Board
approved Case 21SN0503 subject to the following conditions:
1. Use. This conditional use approval shall be for a farm
use (less than three (3) acres) and shall be limited to:
a. The keeping of a maximum of two (2) horses.
b. The keeping of animals limited to a collective
maximum of twelve (12) chickens, fowl, rabbits, or
other small domesticated livestock.
C. The keeping of cows, sheep, goats, and pigs shall
Le not occur. (P)
2. Commercial Activity. No commercial activity, such as the
breeding or sale of animals, shall be permitted in
conjunction with this use. (P)
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3. Animal Waste. All areas associated with the keeping of
horses (pastures, stables, shelters, etc.) shall be
cleaned and made free of waste on a regular basis. In
addition, the property owner shall employ a means of
eliminating any odor problems and propagation of insects.
(P)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
21SN0515
J
In Midlothian Magisterial District, William M. Brishke
requests conditional use to permit parking and storage of a
recreational vehicle outside the rear yard and amendment of
zoning district map in a Residential (R-15) District on 1.2
acres known as 1515 North Bon View 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 ID 760-714-3935.
Ms. Hall stated Planning staff received no comments for Case
21SN0515, and the Planning Commission recommended approval
subject to the conditions and attachments in the staff report.
Mr. William Brishke accepted the conditions.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Haley, seconded by Mr. Carroll, the Board
approved Case 21SN0515 subject to the following conditions:
1. Non -Transferable Ownership. This Conditional Use
approval shall be granted exclusively to Jill A. and
William M. Brishke and shall not be transferable nor run
with the land. (P)
2. Use. This Conditional Use approval shall be for the
parking of one (1) recreational vehicle (travel trailer)
no greater than forty-three (43) feet in length. (P)
3. Location of Recreational Vehicle. The recreational
vehicle shall be parked within the front yard, as depicted
in Exhibit A, and shall meet the following setbacks: ten
(10) feet from the rear property line and five (5) feet
from the side property line. (P)
4. Screening. Evergreen plantings shall be planted along
both sides of the existing driveway where the recreational
vehicle will be stored, as depicted in Exhibit A
(Attachment 2). The planting height shall be at least five
(5) feet in height at the time of planting and shall reach
a minimum height of 10 feet at maturity. A landscaping
plan providing the exact species and number of trees or
shrubs, as well as a planting schedule shall be approved
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by the Planning Department within sixty (60) days of
approval of this request. (P)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
20SN0552
In Midlothian Magisterial District, Ashley M. McGarry and Aaron
R. Litt request conditional use to permit a farm (keeping of
two miniature horses and eighteen chickens) and amendment of
zoning district map in a Residential (R-15) District on 4.1
acres known as 1504 Black Heath Road. 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 dwelling units per acre
or less). Tax ID 736-711-1952.
Mr. Tyler Walter provided a summary of Case 20SN0552 and stated
the Planning Commission and staff recommended approval subject
to the conditions. He further stated staff received one concern
relative to the view and potential smells.
Mr. Aaron Litt accepted the conditions
In response to Mr. Ingle's question relative to the location
of the concerned homeowner, Mr. Litt stated he believes the
concerned homeowner is behind his property which is where he
is leaving a 75 -foot buffer. He further stated the chickens
would be located even farther than 75 feet away from the
concerned homeowner. He discussed the methods he uses to
(61 control odors.
Discussion ensued relative to the amount of noise generated by
18 chickens.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Haley, seconded by Mr. Holland, the Board
approved Case 20SN0552 subject to the following conditions:
1. Use. This conditional use approval shall be for a farm
use, which shall be limited to the keeping of a maximum
of two (2) miniature horses and eighteen (18) chickens.
(P)
2. Ownership. This Conditional Use approval shall be granted
4. Conceptual Plan. The proposed site layout, depicting tree
preservation areas shall generally conform to the layout
as shown on Exhibit A. (P)
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exclusively
to Ashley M.
McGarry and Aaron R. Litt
and
shall not be
transferable
nor run with the land. (P)
3. Time Limitation.
The Conditional
Use shall be granted
for
a period of
five (5) years
from the date of approval.
(P)
4. Conceptual Plan. The proposed site layout, depicting tree
preservation areas shall generally conform to the layout
as shown on Exhibit A. (P)
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5. Tree Preservation Areas. Tree preservation areas shall be
maintained with existing trees and shrubs. Fencing,
grazing areas, structures, and animals shall be prohibited
from the following tree preservation areas:
a. A seventy-five (75) foot tree preservation area shall
be maintained along the western perimeter (rear yard)
of the Property.
b. A twenty-five (25) foot tree preservation area shall
be maintained along the northern and southern
perimeters (side yard) of the Property. (P)
6. Commercial Activity. No commercial activity, such as the
breeding or sale of animals, shall be permitted in
conjunction with this use. (P)
7. Animal Waste. All areas associated with the keeping of
horses and chickens shall be cleaned and made free of
waste on a regular basis. Waste shall be disposed of in
an appropriate disposal container that is periodically
removed from the site. In addition, the property owner
shall employ a means of eliminating any odor problems and
propagation of insects. (P)
8. KeeDin4 of Chickens
a. Keeping of roosters shall be prohibited.
b. Slaughtering of chickens does not occur on-site.
C. Building and attached outside run areas are located
in the rear yard. (P)
9. Fencing. A fence shall be constructed to contain miniature
horses and chickens within the rear yard of the property.
No animals shall be permitted to graze outside of the
fenced areas. (P)
10. Maintenance of Grazing Area. Operation of tractors,
combines, or other internal combustion -powered equipment
shall be limited to the hours of 7:00 a.m. to 9:00 p.m.
daily. (P)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
Incunsa7
In Bermuda Magisterial District, Michael W. Atkinson requests
conditional use to permit a business from the home (flooring
contractor) and amendment of zoning district map in Residential
(R-15), Residential (R-7), and Agricultural (A) Districts on
2.7 acres known as 12665, 12673, and 12681 Petersburg Street.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Residential use (2.5 dwellings per acre or
less). Tax IDs 794-652-7631 and 8320; and 795-652-0231.
Mr. Harold Ellis presented a summary of Case 20SN0587 and
stated the Planning Commission and staff recommended denial.
He further stated staff has received concerns relative to
traffic and general business operations.
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In response to Ms. Haley's question relative to community
meetings held on the case, Mr. Ellis stated the community
meeting was cancelled at the applicant's request and was not
rescheduled.
Mr. Michael Atkinson stated he requested the community meeting
be cancelled because it fell on his daughter's birthday. He
further stated he later agreed to hold the community meeting
anyway, but it had already been cancelled. He stated he was
/ told it could not be rescheduled due to time constraints. He
\_r' discussed his business operation and the reason he has three
work vehicles on the property. He stated he had engaged a
company to install fencing to mitigate the view of the work
vehicles as recommended by Planning staff, but he has had to
file a police report due to fraud.
Ms. Haley inquired of Mr. Atkinson whether more time would
enable him to come to an agreement with the Planning
Commissioner and staff.
Mr. Atkinson stated that has been the plan the whole time. He
further stated he paid the money to do what staff told him to
do.
In response to Ms. Haley's question relative to Mr. Atkinson's
attendance at the Planning Commission meeting, Mr. Atkinson
acknowledged he was at the meeting when his case was heard and
stated he had already paid for the fencing a week prior.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
Mr. Ingle inquired whether Mr. Atkinson was told his case would
be denied by the Planning Commission if he did not accept a
deferral and hold a community meeting to gain support from his
neighbors.
Mr. Atkinson stated he was not told his case would be denied.
He further stated he wanted to hold the meeting, but it
conflicted with his daughter's birthday.
Discussion ensued relative to the deferral and the cancellation
of the community meeting.
Mr. Ingle stated he was told in advance that Mr. Atkinson would
be requesting a deferral. He further stated he could not
support a deferral, and Mr. Atkinson would need to withdraw
his case, get support from the community, and refile the case.
He stated if Mr. Atkinson did not withdraw his case, he would
recommend denial.
Mr. Atkinson stated he thought that would be the answer.
Discussion ensued relative to complaints made by neighbors and
relocation of Mr. Atkinson's trucks.
Mr. Ingle reiterated his position on what would be needed to
get his approval.
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Mr. Mincks explained if Mr. Atkinson were to withdraw the case,
he could refile as soon as he can get things ready.
Mr. Ingle concurred and stated that is what he is trying to
offer Mr. Atkinson.
Mr. Mincks stated if the case is denied, Mr. Atkinson cannot
file a substantially similar application for 12 months.
In response to Mr. Atkinson's question, Mr. Ingle explained
the difference between a deferral and a withdrawal. He stated
Mr. Atkinson would need community support if he wanted Mr.
Ingle's support to keep the business running from the house.
Discussion ensued relative to what business materials are
stored on the property.
Mr. Ingle clarified that staff does not have the authority to
give approval, and the steps given to Mr. Atkinson were
necessary for consideration of the case, not approval of the
case. He further stated he was giving Mr. Atkinson an
opportunity to withdraw the case, get community support, and
submit a new case.
In response to Mr. Atkinson's question relative to community
support, Mr. Ingle stated he would need neighbors to speak for
Mr. Atkinson on the case.
In response to Ms. Haley's question, Mr. Atkinson agreed to
withdraw the case.
Ms. Haley stated staff could talk to Mr. Atkinson about 9
refiling the case. V
17. PUBLIC HEARINGS
17.A. TO CONSIDER AMENDMENTS TO COUNTY CODE SECTION
14-10 REGARDING DISCHARGING FIREARMS AND PROVIDING
FOR A PENALTY
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider amendments to County
Code Section 14-10 regarding discharging firearms and
providing for a penalty. He further stated there have been
concerns that bullets from target shooting are ending up on
neighboring properties, and this ordinance would require a berm
or backstop to prevent bullets from leaving the property. He
stated the ordinance is consistent with standards recommended
by the National Rifle Association, and it has been reviewed
and approved by the Commonwealth's Attorney.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
Mr. Winslow made a motion to approve the ordinance.
He thanked
staff for their work on
the
amendments and stated
it is a good
idea for both suburban
and
rural areas.
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Mr. Ingle seconded the motion.
In response to Mr. Ingle's question relative to the composition
of the berm or backstop, Mr. Mincks stated the target shooter
is in compliance so long as the bullets remain on the property.
Mr. Carroll stated the word natural includes the natural
terrain of the land.
Mr. Mincks expressed his appreciation to the Board for their
[_r input on the ordinance.
Ms. Haley called for a vote on Mr. Winslow's motion, seconded
by Mr. Ingle, for the Board to adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND
RE-ENACTING SECTION 14-10, RELATING TO DISCHARGING
FIREARMS AND PROVIDING FOR A PENALTY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 14-10, of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 14-10. - Same - Discharging firearms or shooting arrows
from bows.
(a) No person shall discharge any firearm within the county
within 600 feet of a (i) dwelling of another; (ii)
business establishment; (iii) public building; (iv)
public gathering; or (v) public meeting place.
(b) In addition to the limitations set forth in subsection
(a) above, any person target shooting with a firearm shall
only discharge such firearm into a natural or man-made
berm or backstop so that it prevents projectiles from
entering the property of another. A backstop is defined
as a device to stop, redirect, and or contain bullets
fired on a range. A berm is defined as an embankment used
for restricting bullets to a given area, or as a
protective or dividing wall between ranges.
(c) As to firearms, this section shall not apply to a (i) law-
enforcement officer in the performance of his official
duties; (ii) any person whose discharge of a firearm is
justifiable or excusable at law in the protection of life
or property; (iii) the discharge, on land of at least five
acres that is zoned for agricultural use, of a firearm
for the killing of deer pursuant to Code of Virginia, §
29.1-529; (iv) the discharge of a firearm that is
otherwise specifically authorized by law; (v) the
discharge of black powder firearms using blanks as part
of historical re-enactments, historical living history
programs and historical demonstrations; (vi) the
discharge of starter blank weapons to initiate athletic
competitions; or (vii) ceremonial and patriotic displays.
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(f) Any person violating the provisions of this section shall
be punishable by a fine of not more than $1,000.00.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
17.B. TO CONSIDER AMENDMENTS TO COUNTY CODE SECTION
14-27 REGARDING PROHIBITED LOUD NOISES
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider amendments to County
Code Section 14-27 regarding prohibited loud noises. He
discussed the history of the noise ordinance and stated this
ordinance amendment moves the time from 12:00 midnight to 11:00
p.m. and provides regulation for daytime noise. He further
stated the ordinance provides standards for the most common
noise complaint which is noise generated by electronic devices
such as radios and televisions. He stated the third amendment
requires the complainant to be involved under certain
circumstances. He further stated Police will always try to work
out a noise complaint among the neighbors first. He stated one
citizen comment was received on the online portal relative to
construction noise which is not addressed in this ordinance
amendment.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
Mr. Holland stated this is an improvement and expressed his
appreciation for the Police Chief's suggestion to get
complainants more involved in the process. Mr. Holland then
made a motion, seconded by Mr. Ingle, for the Board to adopt
the ordinance.
Ms. Haley stated this is the type of ordinance that needs
routine review to ensure it continues to address citizen
concerns such as construction noise. She then called for a vote
on Mr. Holland's motion, seconded by Mr. Ingle, for the Board
to adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY
AMENDING AND RE-ENACTING SECTION 14-27
RELATING TO LOUD NOISES PROHIBITED
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 14-27 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
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Chapter 14. OFFENSES—MISCELLANEOUS
Sec. 14-27. Loud noises prohibited.
It shall be unlawful for any person:
(a) To use, operate or play, or allow anyone to use,
operate or play, any radio, phonograph, television,
record, compact disc or tape player, musical
instrument, loudspeaker, sound amplifier or other
machine or device capable of producing or
reproducing sound in such a manner or with such
volume or duration that it is plainly audible as
follows:
(1) Between 11:01 p.m. and 7:00 a.m.:
(i) inside the confines of the dwelling unit,
house or apartment of another person; or
(ii) off the property on which the device is
located and at 50 or more feet from the
device; or
(2) Between 7:01 a.m. and 11:00 p.m.:
(i) inside the confines of the dwelling unit,
house or apartment of another person when
the doors and windows of the dwelling
unit, house or apartment are closed; or
(ii) off the property on which the device is
located and at 300 or more feet from the
device.
Excluded from the restrictions in (a)(1) and (a)(2) are
devices permitted to be used at public parks or recreation
fields, sporting events, school -sponsored activities on
school grounds, duly authorized parades, public functions
or commemorative events, devices used or played at a noise
level approved in an applicable zoning condition, or
devices used to alert persons to the existence of an
emergency.
(b) To allow or create noise between the hours of 11:01
p.m. and 7:00 a.m. that is plainly audible either
inside the confines of the dwelling unit, house or
apartment of another person or off the property on
which the noise is occurring and at 50 or more feet
when the noise is generated from a gathering of ten
or more people.
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(c) To allow any animal or
bird except
farm animals in
kme
agricultural districts
to create noise such
that it
is plainly audible at
least once a
minute
for ten
consecutive minutes (i)
inside the
confines
of the
dwelling unit, house or
apartment of
another;
or (ii)
at 50 or more feet from
the animal or bird.
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(d) To operate, install, have, or permit on the outside
of any store, shop, business establishment,
warehouse or commercial building, any loudspeaker or
other sound- producing or reproducing device capable
of emitting music, noise, sounds, tapes or voice in
such manner that it is plainly audible on any public
sidewalk or street unless it is used only
intermittently for announcing or paging an
individual or unless it signals the ringing of a
telephone, danger from smoke, a fire or a burglary j
or the beginning or stopping of work or school, or
unless it is operated in accordance with conditions
of zoning.
(e) To play or permit the playing of any radio, stereo,
tape player, compact disc player, loudspeaker or
other electronic device or mechanical equipment used
for the amplification of sound, which is located
within a motor vehicle and which is plainly audible
from outside the motor vehicle at a distance of 50
feet or more from the vehicle. This provision shall
not apply to sirens, loudspeakers and emergency
communications radios in public safety vehicles, nor
shall it apply to motor vehicle alarms or other
security devices.
(f) To allow or create plainly audible noise in
residential areas between 10:00 p.m. and 5:00 a.m.
in connection with the loading or unloading of
refuse, waste or recycling collection vehicles.
(g) To allow or create plainly audible noise in
residential areas between 10:00 p.m. and 7:00 a.m. Ij
in connection with lawn care, leaf removal,
gardening, tree maintenance or removal and other
landscaping, lawn or timbering activities.
(h) Violations of this section shall constitute a
misdemeanor punishable by a fine of not less than
$100.00 nor more than $500.00.
No person shall be charged with a violation of this section
unless (i) a complainant appears before a magistrate and
alleges the specific violation complained of, and that the
complainant requested or made a reasonable attempt to request
abatement of the violation; or (ii) a violation is committed
in the presence of a police officer.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
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17.C. TO CONSIDER THE FY2021-FY2026 CENTRAL VIRGINIA
TRANSPORTATION AUTHORITY IMPROVEMENT PLAN AND
FY2021 BUDGET
Mr. Brent Epps, Director of Transportation, stated this date
and time has been advertised for a public hearing for the Board
to consider the FY2021-FY2026 Central Virginia Transportation
Authority (CVTA) Improvement Plan and FY2021 Budget. He
reviewed the creation of the CVTA, its revenue sources, and
the allocation of those revenues. He stated the county's local
kaw CVTA revenue is projected to be between $20 million and $23
million per year, or $133 million over a six-year period. He
further stated the CVTA will oversee distribution of the
locality revenues and confirm project eligibility. He stated
it is anticipated the funds will be distributed on a quarterly
basis beginning early 2021.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
Mr. Winslow stated the county is investing in infrastructure
and extending Powhite Parkway is extremely important to get to
Woolridge Road which benefits first responders, businesses,
and families. He commended Mr. Epps, his team, and Mr. Jesse
Smith for this big win.
Mr. Holland stated these resources can be used for not only
road improvement and maintenance but also sidewalks. He noted
15 percent will be given to GRTC, and he expressed his hope
for an annual financial report.
Mr. Carroll stated the county will continue to fight for
portions of the other 35 percent. He further stated there are
great projects on the list that are long overdue such as
Powhite Parkway Extension. He acknowledged some citizens had
reservations about the creation of the CVTA and expressed his
hope that they would see responsible stewardship of their
money.
Ms. Haley stated this is a great example of regional
cooperation.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
approved the FY2021-FY2026 Central Virginia Transportation
Authority Improvement Plan and FY2021 Budget. (It is noted the
plan and budget are filed with the papers of this Board.)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
( 17.D. TO CONSIDER CONVEYANCE OF AN EASEMENT TO COLUMBIA
(r' GAS OF VIRGINIA, INC.
Mr. Dean Sasek, Real Property Manager, stated this date and
time has been advertised for a public hearing for the Board to
consider the conveyance of an easement to Columbia Gas of
Virginia, Inc. to provide service to various businesses and
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projects at the Airport. He further stated the request has been
reviewed by Airport and county staff, and approval is
recommended.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Carroll, seconded by Mr. Ingle, the Bcard j
authorized the Chair of the Board of Supervisors and the County r/
Administrator to execute an agreement with Columbia Gas of
Virginia, Inc. for conveyance of a variable width easement at
the Airport.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
17.E. TO ACCEPT THE CONVEYANCE OF AND APPROVE A LEASE
OF PROPERTY AT 6737 PUBLIC SAFETY WAY
Mr. Sasek stated this date and time has been advertised for a
public hearing for the Board to consider accepting the
conveyance of property at 6737 Public Safety way and approving
a lease of that property to Virginia Credit Union, Inc.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Ingle, the Board
accepted the conveyance of property at 6737 Public Safety way
and approved a lease of that property to Virginia Credit Union.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
17.F. TO CONSIDER AMENDING COUNTY CODE BY ENACTING $ 13-23
TO ESTABLISH A CIVIL PENALTY PROGRAM FOR PASSING OF
A STOPPED SCHOOL BUS
Mr. Scott Zaremba, Deputy County Administrator, stated this
date and time has been advertised for the Board to consider
amending the County Code by enacting Section 13-23 establishing
a civil penalty program for passing of a stopped school bus.
He further stated if approved, Schools and the Police
Department would jointly select a vendor in early 2021 with a
goal of having the cameras on the buses by the start of the
school year.
In response to Mr. Winslow's question relative to the duration
of the program, Mr. Zaremba stated over 90 percent of violators
who pay the fine never do it again, and the program should
prove its worth and disappear after a while.
Mr. Carroll stated the technology will also provide route
mapping for substitute bus drivers.
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Mr. Zaremba concurred and stated the vendor offers extra
technology solutions for purchase, the cost of which could be
offset by the revenue. By way of example, he discussed on -board
cameras which could capture a fight and livestream it to the
Emergency Communications Center. He stated staff is committed
to using all of the revenue for driver training, education,
and public safety initiatives to keep students safe.
In response to Mr. Carroll's question relative to upfront
costs, Mr. Zaremba stated the revenue generated by the tickets
lam✓ should cover all of the technology and one or two staff people
in the Police Department, and there should still be some left
over.
Mr. Carroll stated hopefully the program will go broke because
the problem will be solved, and no one will pass a school bus.
Mr. Zaremba concurred and stated the county does not have to
pay the technology fees and ongoing fees of the vendor if they
exceed the ticket revenue.
Mr. Carroll stated hopefully next year the kids will be back
in school and the technology will keep them safe.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Carroll, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING
SECTION 13-23 PROVIDING FOR CIVIL ENFORCEMENT
THROUGH A VIDEO -MONITORING SYSTEM OF THE
PROHIBITION AGAINST PASSING A STOPPED SCHOOL
BUS AND INCLUDING A PENALTY FOR VIOLATION
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 13-23 of the Code of the County of
Chesterfield, 1997, as amended, is amended by adding the
following section:
CHAPTER 13 MOTOR VEHICLES AND TRAFFIC
0 0 0
Sec. 13-23. Civil penalty and enforcement of prohibition
against passing a stopped school bus.
a. Pursuant to § 46.2-844, Code of Virginia, 1950, as
amended, the Chesterfield County School Board is
authorized to install and operate a video -monitoring
system in, or on, its school buses, or to contract with a
private vendor to do so on its behalf, for the purpose of
establishing a civil enforcement program of recording
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violations of § 46.2-859, Code of Virginia, 1950, as
amended, prohibiting the passing of a stopped school bus.
b. Any violation of § 46.2-859, Code of Virginia, 1950, as
amended, identified through this video -monitoring system
shall subject the operator of the vehicle to a $250.00
civil penalty. All civil penalties collected shall be paid
into the County's general fund.
C. Prior to execution of any contract with a private vendor
for the operation of such civil enforcement program, the
contract shall be reviewed for form and approved by the
School Board Attorney and the County Attorney.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
17.G. TO CONSIDER AND ADOPT AMENDMENT OF THE FY2021
ADOPTED BUDGET
Mr. Matt Harris stated this date and time has been advertised
for a public hearing for the Board to consider amendments to
the FY2021 Adopted Budget. He provided the Board with a recap
of the work session held in November, starting with Schools'
$16.9 million year-end surplus. He stated staff recommends $1.9
million of that surplus be held on the county side to address
future school priorities, not necessarily capital. He then
reviewed the proposed uses for the county surplus. He discussed 3
FY21 amendments which include an emphasis on the workforce and �•/
modest service enhancements. He summarized the requests and
next steps.
Ms. Haley stated it is the will of the Board to amend the
Schools portion of the plan in a way that allows the bonus
monies to be transferred now to recognize the efforts of all
of the hardworking teachers. She further stated the Board
wishes to hold the balance of the FY20 monies on the county
side given the uncertainty around Schools' broader financial
status in both FY21 and FY22.
Mr. Holland stated the pandemic has demonstrated the critical
need for teachers in the school system. He further stated
excellence throughout the county government and Schools is a
result of investment in great people. He stated he is pleased
the Board is in the position to offer the two -percent bonus.
Mr. Ingle stated in principle he is not against the bonus for
Schools employees, but he recognizes the tremendous uncertainty
facing Schools' budget and the teacher pay study. He further
stated he would be more comfortable holding the monies until
Schools' budget challenges are resolved and to show a
commitment to funding the teacher pay study. He stated over
time a two -percent increase in pay would have a more positive
impact than a two -percent bonus, but tackling Schools' budget
and the teacher pay plan requires a combined effort between
the Board of Supervisors and the School Board. He further
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stated in the spirit of cooperation he is willing to release
only enough of the surplus to cover the two -percent bonus while
holding the remainder until uncertainties of Schools' budget
and funding of the teacher pay plan are realized. He expressed
his expectation that Schools will provide half of the to -be -
determined amount required to fund the teacher pay plan. He
stated his counterpart on the School Board, Ms. Ann Coker, has
expressed a willingness to work together on this issue. He
expressed appreciation for conversations with many individuals
to work through this issue.
l_r Mr. Winslow stated this strikes a good compromise and he
supports the transfer. He expressed his concerns relative to a
significant need for academic remediation and how that would
be funded. He stated many are concerned about whether the
children are learning. He further stated he supports the motion
and thanked his colleagues for their hard work.
Mr. Carroll stated he supports the use of monies for the two -
percent bonus. He acknowledged the uncertainty of state funding
based on declining enrollment figures. He stated it is prudent
to hold some money back in the event the General Assembly
decides not to fund the school system or does not hold the
school system harmless for the number of students leaving to
obtain private education. He further stated teachers have
worked hard and the bonus means a great deal to them.
Ms. Haley stated she spent 20 years advocating for education
and she has not stopped. She shared her disappointment that
some teachers have set a negative tone in the community but
stated that is not the majority of teachers. She further stated
a few months prior, significant bond money was allocated to
reinvest in Schools' infrastructure which influenced the
Board's decision to be conservative with the extra money. She
expressed her hope that the School Board would join in
prioritizing the funding of the teacher pay study. She then
called for public comment.
Mr. Greg Beasley, President of the Chesterfield Firefighters
Association, addressed the Board relative to funding the public
safety pay plan and thanked them for their support.
Mr. William Dean Lee addressed the Board relative to funding
the public safety pay plan and encouraged investment in public
safety personnel in order to retain the best and the brightest.
Ms. Gwen Orfield, President of the Chesterfield Fraternal Order
of Police, addressed the Board relative to funding the public
safety pay plan and encouraged approval to ensure the county
maintains well-trained individuals.
There being no one else to speak to the issue, the public
hearing was closed.
Ms. Haley made a motion for the Board to approve the budget
proposal as presented with the following amendments: (1) the
proposal is to include just the appropriation and transfer of
$8.2 million to support the school bonus program with the
understanding that no other compensation initiatives be
undertaken by the school division this year except for the
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possibility of some component of the teacher pay plan; and (2)
the remaining $8.6 million from FY20 is to be reserved
unappropriated on the county side in a school -designated
account in order to guard against expenditure pressures or
state revenue shortfalls during the duration of FY21 and/or
those funds could be used to ultimately help support the
implementation of the teacher plan once it is approved by the
Board.
Mr. Holland seconded the motion.
Mr. Carroll thanked staff for the hard work to ensure the Board
would be able to put the public safety pay plan in place and
fund it in the future which will allow the county to retain
intellectual property and attract new talent.
Mr. Winslow stated the Board hopes to equip public safety
leadership with what is needed to round out their excellent
teams.
Ms. Haley expressed appreciation for public safety personnel
working with staff to craft a sustainable plan.
Ms. Haley called for a vote on her motion, seconded by Mr.
Holland, for the Board to approve the budget proposal as
presented with the following amendments: (1) the proposal is
to include just the appropriation and transfer of $8.2 million
to support the school bonus program with the understanding that
no other compensation initiatives be undertaken by the school
division this year except for the possibility of some component
of the teacher pay plan; and (2) the remaining $8.6 million
from FY20 is to be reserved unappropriated on the county side
in a school -designated account in order to guard against
expenditure pressures or state revenue shortfalls during the
duration of FY21 and/or those funds could be used to ultimately
help support the implementation of the teacher plan once it is
approved by the Board.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
17.H. TO CONSIDER AN ORDINANCE GRANTING THE REAL ESTATE
TAX EXEMPTION REQUEST OF CHESTERFIELD ALTERNATIVES,
INC.
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance
granting the real estate tax exemption request of Chesterfield
Alternatives, Inc. He further stated the request would be
capped at $5,000 should the real estate appreciate in the
future.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following ordinance:
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V
J
AN ORDINANCE TO DESIGNATE REAL PROPERTY
OWNED BY CHESTERFIELD ALTERNATIVES, INC.
TO BE EXEMPT FROM PROPERTY TAXATION
WHEREAS, subsection 6(A)(6) of Article X of the
Constitution of Virginia, on and after January 1, 2003,
authorizes localities to designate as exempt from local
taxation the real or personal property, or both, owned by a
non-profit organization that uses such property for religious,
charitable, patriotic, historical, benevolent, cultural, or
public park and playground purposes; and
WHEREAS, the County has received a request from
Chesterfield Alternatives, Inc. to consider granting it a tax
exemption for a specific piece of real property owned by it in
Chesterfield County and described as County Property Tax Parcel
ID No. 800630129600000; and
WHEREAS, in accordance with Va. Code §56.1-3651, the Board
has conducted a public hearing and considered each of the
questions required to be considered before adopting an
ordinance granting any such exemption; and
WHEREAS, the Board has determined that Chesterfield
Alternatives, Inc. meets the requirement for the real property
tax exemption that it has requested by reason of its being a
nonprofit organization which uses the real property for which
it is requesting the exemption for benevolent purposes; and
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors
of Chesterfield County:
1. Chesterfield Alternatives, Inc. is hereby designated
a benevolent organization within the context of Section 6(A)(6)
of Article X of the Constitution of Virginia.
2. The real property located in Chesterfield County owned
by Chesterfield Alternatives, Inc. and described as County
Property Tax Parcel ID No. 800630129600000 is used by such
organization, and the single-family residential structure on
such property is used exclusively for benevolent purposes on
a non-profit basis as set forth in Section 1 of this ordinance
and is hereby determined to be exempt from local taxation in
the amount of $3519 for tax year 2021 and up to $5000 for
future tax years. This exemption shall be contingent on the
continued use of the property in accordance with the purpose
for which the organization is designated as exempt in Section
1.
E3. This real property tax exemption shall be effective
\/ January 1, 2021.
4. This ordinance shall not be set out in the County Code
but shall be kept on file in the offices of the real estate
assessor and commissioner of revenue.
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WHEREAS, it is the policy
of the
Board to consider real
estate tax exemption requests
up to
a maximum amount of
$5,000.00.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors
of Chesterfield County:
1. Chesterfield Alternatives, Inc. is hereby designated
a benevolent organization within the context of Section 6(A)(6)
of Article X of the Constitution of Virginia.
2. The real property located in Chesterfield County owned
by Chesterfield Alternatives, Inc. and described as County
Property Tax Parcel ID No. 800630129600000 is used by such
organization, and the single-family residential structure on
such property is used exclusively for benevolent purposes on
a non-profit basis as set forth in Section 1 of this ordinance
and is hereby determined to be exempt from local taxation in
the amount of $3519 for tax year 2021 and up to $5000 for
future tax years. This exemption shall be contingent on the
continued use of the property in accordance with the purpose
for which the organization is designated as exempt in Section
1.
E3. This real property tax exemption shall be effective
\/ January 1, 2021.
4. This ordinance shall not be set out in the County Code
but shall be kept on file in the offices of the real estate
assessor and commissioner of revenue.
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S. This ordinance shall be in effect immediately upon its
adoption.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
17.I. TO CONSIDER AN ORDINANCE GRANTING THE REAL ESTATE
TAX EXEMPTION REQUEST OF RICHMOND ANIMAL LEAGUE,
INC.
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance
granting the real estate tax exemption request of Richmond
Animal League, Inc. He further stated the request would be
capped at $5,000.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO DESIGNATE REAL PROPERTY
OWNED BY RICHMOND ANIMAL LEAGUE, INC.
TO BE EXEMPT FROM PROPERTY TAXATION
WHEREAS, subsection 6(A)(6) of Article X of the
Constitution of Virginia, on and after January 1, 2003,
authorizes localities to designate as exempt from local
taxation the real or personal property, or both, owned by a
non-profit organization that uses such property for religious,
charitable, patriotic, historical, benevolent, cultural, or
public park and playground purposes; and
WHEREAS, the County has received a request from Richmond
Animal League, Inc. to consider granting it a tax exemption
for a specific piece of real property owned by it in
Chesterfield County and described as County Property Tax Parcel
ID No. 741707866100000; and
WHEREAS, in accordance with Va. Code §58.1-3651, the Board
has conducted a public hearing and considered each of the
questions required to be considered before adopting an
ordinance granting any such exemption; and
WHEREAS, the Board has determined that Richmond Animal
League, Inc. meets the requirement for the real property tax
exemption that it has requested by reason of its being a
nonprofit organization which uses the real property for which
it is requesting the exemption for benevolent purposes; and
WHEREAS, it is the policy of the Board to consider real estate
tax exemption requests up to a maximum amount of $5,000.00.
�•+/
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors
of Chesterfield County:
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1. Richmond Animal League, Inc. is hereby designated a
benevolent organization within the context of Section 6(A)(6)
of Article X of the Constitution of Virginia.
2. The real property located in Chesterfield County owned
by Richmond Animal League and described as County Property Tax
Parcel ID No. 741707866100000 is used by such organization,
and the commercial structure on such property is used
exclusively for benevolent purposes on a non-profit basis as
set forth in Section 1 of this ordinance and is hereby
kw determined to be exempt from local taxation in the amount of
$5,000 for tax year 2021 and up to $5000 for future tax years.
This exemption shall be contingent on the continued use of the
property in accordance with the purpose for which the
organization is designated as exempt in Section 1.
3. This real property tax exemption shall be effective
January 1, 2021.
4. This ordinance shall not be set out in the County Code
but shall be kept on file in the offices of the real estate
assessor and commissioner of revenue.
5. This ordinance shall be in effect immediately upon its
adoption.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
17.J. TO CONSIDER CODE AMENDMENT RELATIVE TO BOARD OF
ZONING APPEALS (21PJ0106)
Mr. Ray Cash stated this date and time has been advertised for
a public hearing for the Board to consider an amendment to the
County Code relative to the Board of Zoning Appeals (BZA)
(21PJ0106). He reviewed the proposed changes which permit the
BZA secretary to be a qualified, salaried employee of either
Planning or Community Enhancement, recommended by the Director
of Planning, and approved by the BZA. He stated both the
Planning Commission and staff recommended approval.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
adopted the following ordinance:
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
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AN ORDINANCE TO AMEND
THE CODE
OF
THE
COUNTY
OF CHESTERFIELD, 1997,
AS AMENDED,
BY
AMENDING
AND REENACTING SECTION 19.1-15
OF
THE
ZONING
F
■
ORDINANCE RELATIVE TO
BOARD OF
ZONING
APPEALS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
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(1) That Section 19.1-15 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted, to
read as follows:
A. Generally.
000
4. Chairman, Vice Chairman and Secretary.
The board of zoning appeals shall elect one of its members as chairman and one
as vice chairman, each to serve for a one year term and each of whom may succeed
themselves. The chairman shall preside at all meetings of the board and, in his
absence, the vice-chairman shall preside and have all of the authority as the
chairman. The chairman may administer oaths and compel the attendance of
witnesses.
The board shall appoint a qualified individual to perform the duties of secretary.
The secretary shall be a salaried county employee of the planning or community
enhancement departments recommended by the director of planning and
approved by the board. The secretary shall keep the minutes and other records of
the actions and deliberations of the board of zoning appeals, and shall perform
other ministerial duties as the board may direct.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
17.R. TO CONSIDER TRANSFER OF THE CABLE FRANCHISE FROM
COMCAST OF CHESTERFIELD COUNTY, INC. TO COMCAST
OF VA, LLC
Mr. Mincks stated this date and time has been advertised for a
public hearing for the Board to consider the transfer of the
cable franchise from Comcast of Chesterfield County, Inc. to
Comcast of VA, LLC. He further stated under the County Code,
if a transfer of the franchise is proposed, it must be approved
by the Board. He explained the standard for approval and stated
Comcast of VA, LLC is part of the same Comcast organization,
and staff has been assured the transfer will not change the
operation. He noted one citizen comment was received on the
online portal pertaining to renegotiation of the franchise
agreement, which is not before the Board.
Ms. Haley called for public comment.
Mr. Nathan Daugherty with Comcast Government Affairs and
Community Impact stated the transfer is designed for
administrative simplification purposes and will have no effect
on operations of the system in the county. He further stated
the change will not affect any franchise obligations.
There being no one else to speak to the issue, the public
hearing was closed.
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12/16/2020
Mr. Winslow declared a conflict due to his representation of
a person suing Comcast of Chesterfield, Inc.
In response to Mr. Ingle's question, Mr. Mincks confirmed the
Board is only considering whether the transfer is being made
to an entity capable of fulfilling the contract.
Mr. Ingle stated rural areas of the county are in need of more
service and expressed appreciation for anything Comcast can do
to assist with that need. He then made a motion, seconded by
Mr. Carroll, for the Board to approve the transfer of the cable
franchise from Comcast of Chesterfield County, Inc. to Comcast
of VA, LLC.
Ayes: Haley, Carroll, Ingle and Holland.
Nays: None.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining manufactured home permits and zoning
requests.
19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
20. ADJOURNMENT
On motion of Mr. Holland, seconded by Mr. Ingle, the Board
adjourned at 7:56 p.m. until January 6, 2021, at 6:00 p.m. for
the Board's annual organizational meeting in the Public Meeting
Room.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
L
Jose Casey �afies M. Holla
ounty Administrat r Chairman
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12/16/2020
Attachment A
Board of Supervisors Meeting December 16, 2020
Citizen Comments on Unscheduled Matters and Public Hearings
Comment
Date
First Name
Last Name
District
Category
Comments
12/8/2020
Mioshe
Davis
Dale
Unscheduled
Are there any plans to
Matters
address the start time
of the current noise
ordinance in a
residential area? Are
there any plans to
revise the ordinance to
also violate loud
construction noises at
a certain hour? I am
concerned citizen
whose neighbor is
currently building
something in his yard
well up into and
sometimes beyond
midnight. I have also
contacted the police
on more than one
occasion regarding the
issue with no resolve
12/10/2020
Bonnie
Moody
Matoaca
Unscheduled
The transfer of the
Matters
outdated mid -1990's
county franchise
agreement from
Comcast of
Chesterfield to
Comcast of Virginia
would provide the
perfect opportunity for
conscientious
attorneys and county
officials to renegotiate
the outdated "homes
per mile" service
specifications so those
of us in rural areas
might have a fighting
chance to navigate
successfully during the
pandemic and after.
Other Virginia localities
have recently
amended their service
agreements regarding
this restriction, so why
hasn't Chesterfield?
We understand this
pertains to television,
but we all know, too,
television and internet
cable installations are
the same. I see or hear
nothing from county
20-904
12/16/2020
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Attachment A
Board of Supervisors Meeting December 16, 2020
Citizen Comments on Unscheduled Matters and Public Hearings
Comment
Date
First Name
Last Name
District
Category
Comments
folks indicating any
progress with
broadband for all and
it is discouraging to
have this level of
indifference in a
county this size.
12/14/2020
Analie
Rademaker
Midlothian
PH - re:
Very much in favor of
Prohibited
reducing noise that
Loud Noises
encroaches upon
persons' peaceful
enjoyment of their
home, condo or
apartment. Reducing
noise during the day is
important for persons
who work at night,
work at home or study
at home. It is
important that the
recipient of the
excessive noise make
an effort to solve the
perceived problem
before contacting
authorities. Thank You
12/15/2020
Kellie
Olsen
Midlothian
Unscheduled
I would like you to
Matters
listen to the
superintendent of the
county and give the
teachers the 2% bonus
they deserve in
December. Teachers
have worked beyond
the expectations since
September and they
deserve it.
F3rIIIrl"
12/16/2020
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