2010-02-24 MinutesBOARD OF SUPERVISORS
MINUTES
February 24, 2010
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Supervisors in Attendance:
Mr. Daniel A. Gecker, Chairman
Mr. James Holland, Vice Chairman
Ms. Dorothy Jaeckle
Mr. Arthur S. Warren
Ms. Marleen K. Durfee
Mr. James J. L. Stegmaier
County Administrator
School Board Members in
Attendance
Mr. David Wyman, Chairman
Ms. Patricia Carpenter
Staff in Attendance:
Mr. Mike Bacile, Dir.,
Purchasing
Ms. Janice Blakley,
Clerk to the Board
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Barry Condrey, Chief
Information Officer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovernmental
Relations
Mr. Jonathan Davis,
Real Estate Assessor
Colonel Thierry Dupuis,
Police Department
Mr. Mike Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. Thomas E. Jacobson,
Dir., Revitalization
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Ms. Mary Lou Lyle, Acting
Deputy County Admin.,
Management Services
Mr. Mike Mabe, Director,
Libraries
Ms. Mary Martin-Selby,
Dir. of Human Resource
services
Mr. John McCracken, Dir.,
Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Dr. Marcus Newsome,
Superintendent of
Schools
Ms. Jo Lin Rohr, Quality
Coordinator
Ms. Sarah Snead, Acting
Deputy County Admin.,
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Human Services
Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
Mr. Mike Westfall, Asst.
Director, Internal Audit
Mr. Gecker called the regularly scheduled meeting to order at
3:02 p.m.
1. APPROVAL OF MINUTES
1.A. JANUARY 27, 2010 REGULAR MEETING
On motion of Ms. Durfee, seconded by Mr. Holland, the Boardl
approved the minutes of January 27, 2010, as submitted.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
l.B. AMENDMENT TO BOARD MINUTES OF OCTOBER 14, 2009
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
amended the Board minutes of October 14, 2009 to correct the
road distance for the state road acceptance on Dry Creek Road
to the actual 0.04 miles.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
Mr. Stegmaier stated staff has been working hard on the
county's financial plan. He further stated staff has
identified a federal program to assist with funding for the
removal of hydrilla from the Swift Creek Reservoir. He also
updated the Board regarding the Woolridge Road reservoir
crossing and the Meadowville Interchange projects.
Ms. Curtin presented an update to the Board of Supervisors on
the status of several bills before the General Assembly and
the county's legislative program. She stated the resolution
for the Thomas Dale Football Team has been successful. She
provided an update on the status of the state's budget, which
is impacted by new revenue numbers. from the Governor and the
Economic Stimulus Package coming to the state.
Mr. Warren expressed appreciation to Mr. Stegmaier for
following up on the hydrilla application. He stated the
hydrilla in the Swift Creek Reservoir is a significant
concern to all of the citizens around the reservoir.
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In response to Mr. Warren's question, Mr. Stegmaier stated
the county should hear something on the federal application
to address the hydrilla around October 1st
3. BOARD MEMBER REPORTS
Ms. Durfee stated there are two meetings scheduled in the
Matoaca District to review the progress being made on the
Comprehensive Plan, one on March 1St at Cosby High School and
one on March 3rd at Matoaca High School.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
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On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
replaced Item 8.D.4.b., Conveyance of an Easement to Virginia
Electric and Power Company; moved Item 8.D.ll.a., Set Date
for a Public Hearing to Consider Siting of the Proposed
Dominion Virginia Power Industrial Landfill, to follow Zoning
Case lOSN0114; replaced Item 8.D.12, Award a Contract for the
Installation and Maintenance of Landscape Improvements to the
Midlothian Turnpike Median.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
5. RESOLUTIONS
5.A. RECOGNIZING CORPORAL CHARLES E. MORTON, POLICE
DEPARTMENT, UPON HIS RETIREMENT
Colonel Dupuis introduced Corporal Charles Morton, who was
present, along with members of his family, to receive the
resolution.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Corporal Charles E. "Chuck" Morton will retire
from the Chesterfield County Police Department on March 1,
2010, after providing over 28 years of quality service to the
citizens of Chesterfield County; and
WHEREAS, Corporal Morton has faithfully served the
county in the capacity of patrol officer and senior, master,
career and corporal police officer; and
WHEREAS, during his tenure with the Chesterfield County
Police Department, Corporal Morton served diligently in the
Uniform Operations Bureau as a Field Training Officer,
Warrant Service Officer and Funeral Escort Officer; and
WHEREAS, Corporal Morton has received numerous letters
of commendation, thanks and appreciation for service rendered
to the citizens of Chesterfield County; and
WHEREAS, Corporal Morton has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
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WHEREAS, Chesterfield County and the Board of
Supervisors will miss Corporal Morton's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 24th day of February 2010,
publicly recognizes Corporal Charles E. "Chuck" Morton, and
extends on behalf of its members and the citizens of
Chesterfield County, appreciation for his service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Corporal Morton, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
Mr. Gecker expressed appreciation to Corporal Morton for his
dedication to the citizens of Chesterfield County and wished
him well in his retirement.
Corporal Morton expressed appreciation to Chesterfield County
for the opportunity to work in a great county.
6. WORK SESSIONS
There were no Work Sessions scheduled at this time.
7. DEFERRED ITEMS
7.A. CONSIDERATION OF AMENDMENTS TO THE COUNTY CODE
RELATING TO SHOOTING ARROWS FROM BOWS NEAR BUILDINGS
Mr. Mincks stated the amendments to the County Code relating
to shooting arrows from bows near buildings were deferred
from the November Board meeting. He presented a summary of
the revisions to the proposed ordinance.
Mr. Warren stated the letter received from the Department of
Game and Inland Fisheries is a valuable resource to the
Board, given their involvement in the process.
Mr. Gecker stated the Board received suggestions at the
public hearing from citizens relating to impacting property
rights, herd management, and safety. He further stated he
had two meetings with Mr. Bob Duncan, the Director of the
Department of Game and Inland Fisheries and has reached a
reasonable compromise. He provided details of the proposed
changes to the ordinance. He stated there is a bill going
through the General Assembly now that will have the
Department of Game and Inland Fisheries provide a model
ordinance for bow hunting in the Commonwealth and the
proposed changes to the county's ordinance will likely be
step one ~of the model ordinance. He requested the Board and
the County Administrator to look into the herd management
issue and the possibility of Chesterfield being added to the
list of jurisdictions which allow urban archery.
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On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted 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 OR SHOOTING ARROWS FROM BOWS NEAR BUILDINGS
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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 shal'1 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) 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.
(c) Except for target shooting, no person shall shoot an
arrow from any bow within the county within 150 feet of
a (i) business establishment; (ii) public building;
(iii) public gathering; (iv) public meeting place; or
(v) dwelling of another, except that the 150 foot
limitation shall not apply if the dwelling owner or
occupant has given permission.
(d) As to shooting arrows from bows, this section shall not
apply to shooting an arrow from a bow for the killing of
deer pursuant to Code of Virginia § 29.1-529 on land of
at least two acres that is zoned for agricultural use.
(e) For purposes of this section, "bow" includes all
compound bows, crossbows, longbows and recurve bows
having a peak draw weight of 10 pounds or more. The
term "bow" does not include bows that have a peak draw
of less than 10 pounds or that are designed or intended
to be used principally as toys. The term "arrow" means
a shaft-like projectile intended to be shot from a bow.
(f) Any person violating the provisions of this section
shall be punishable by a fine of not more than
$l,ooo.oo.
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State law references-Similar provision, Code of Virginia, §
15.2-1209, authority of county to prohibit outdoor shooting
of firearms or arrows from bows in certain areas.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8. NEW BUSINESS
8.A. ADVERTISEMENT OF TAX RATES FOR TAX YEAR 2010 AND
ADVERTISEMENT OF THE PROPOSED FY2011 AND FY2012 BUDGET,
CAPITAL IMPROVEMENT PROGRAM, COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM, AND OTHER ORDINANCE CHANGES
Mr. Carmody stated the Board is being requested to authorize
the advertisement of tax rates for the calendar year 2010,
the proposed FY2011 and FY2012 budget, Capital Improvement
Program, Community Development Block Grant Program, and other
ordinance changes. He provided a budget resource comparison
for FY2009, FY2010 and FY2011, which illustrated the
reductions in the revenue side for each year. He stated the
FY2011 proposed budget reflects an off-set to the VRS
component which is part of the House and Senate budget
proposals. He provided a recap of the FY2010 combined county
and schools operating fund financial plan, which reflects an
overall reduction of $40 million between FY2009 and FY2010.
He also provided a recap of funding challenges for FY2011 to
include reductions to real estate taxes; other local taxes
and fees; and state funding. He stated some of the
reductions have been offset by renegotiating contracts for
copiers, contracts for grinding mulch, and leases. He
further stated a total of $59.5 million in reductions have
been identified by the county and school division. He stated
there is still a $2 to $5 million shortfall which will need
to be addressed in the County Administrator's proposed budget
and an additional $16 million shortfall in the school budget
even though the offset in VRS contribution requirements are
expected to change. He provided a history of the real estate
tax rate from 1999 to 2009. He stated the most sizeable
reductions in real estate tax rates occurred in 2005 to 2006
and 2006 to 2007. He further stated overall existing
residential properties have declined 4.8 percent. He stated
revenue neutrality only pertains to real estate tax revenue,
not all of the other categories of revenues. He further
stated the real estate tax rate that would offset the
revaluation of the existing properties would be $1 per $100
in assessed value. He presented a timeline for the
milestones associated with adopting the budget. He stated
given the uncertainty with the state revenues and the need to
deliberate the proposed budget, staff feels there needs to be
some flexibility maintained when the decision is made on
establishing the real estate tax rate to be advertised. He
further stated the County Administrator is recommending all
taxes with the exception of the real estate tax rate to
remain unchanged.
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Mr. Gecker recognized Mr. Wyman, School Board Chairman, in
the audience and offered him an opportunity to make comments
to the Board.
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Mr. Wyman expressed appreciation to Mr. Gecker for the amount
of time he has spent working on the county and schools
budgets over the last couple of months. He stated the Budget
and Audit Committee meetings have encouraged dialogue among
the staffs as well.. He further stated tremendous strides
have been made over the last several months in bringing both
boards together. He stated the School Board knows the county
is facing an unprecedented difficult time which calls for
more scrutiny on the budgets. He further stated the
Superintendent brought forth and the School Board approved
$26 million worth of cuts from the school division budget.
He provided a synopsis of the first tier of cuts in the
school division budget. He stated if additional revenues are
not forthcoming, there will be additional cuts totaling $16
million. He further .stated the School Board and the
Superintendent have been working on the second reduction list
in case the revenue is not forthcoming. He stated the school
division is looking long term at the budgets and at the
consequences of making the cuts. He further stated the
school division has been making cuts to the budget for the
last two years, which has created turmoil in the organization
and taken some of the focus off of educating the children.
He stated the employees of the school division have done
their part to reduce the cost of operating the school system
through the measures put in place. He further stated the
School Board would support a real estate tax rate increase up
to $i.
Mr. Gecker expressed appreciation to Mr. Wyman for his work
on the Budget and Audit Committee and for his leadership on
the School Board.
Ms. Jaeckle expressed appreciation to Mr. Wyman for the time
he has spent explaining the school division's budget.
Mr. Warren stated the diminished state funding is a problem
for school divisions all over the nation. He further stated
other groups have worked effectively with the General
Assembly to ensure adequate funding is in place. He stated a
16 percent decrease in state funding for education creates a
large gap that needs to be addressed in future years.
Ms. Durfee expressed appreciation to Mr. Wyman to joining the
School Board Liaison Committee and the ongoing dialogue which
leads to a better understanding of the school division's
budget.
Mr. Holland expressed appreciation to Mr. Wyman for his
service to the School Board and the Dale District.
Mr. Gecker stated when the Board was elected, they wanted to
maintain quality services in the county and to be sensitive
to fiscal reality. He further stated this Board wanted to
reduce the size of government during its four years. He
stated the county has done a reasonably good job of reducing
its size without the population facing any significant
decline in quality or quantity of services. He further
stated last year was the first year anyone can remember a
local government operating on fewer dollars than the prior
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year. He stated it is the Board's responsibility to be good
stewards of the taxpayer's money. He further stated making
cuts to a county government's budget beyond a certain point
will begin to reduce the quality or quantity of services. He
stated once Mr. Stegmaier's budget is presented, the Board
will have the opportunity to make some adjustments. He
further stated the budget can be balanced by deferral or by
using one time monies, but those courses of action have some
dangers associated with them. He stated the required VRS
contribution is a holiday and not a complete reduction in
costs. He further stated once again this year the county is ',
trying to project the revenue amount from the state. He'
stated the Board has an obligation to the citizens to
advertise a real estate tax rate which would help us fill the,
gap in revenue if it occurs from a lack of state funding. He
further stated advertising a rate of 99 cents per $100 in
assessed value would retain the Board's flexibility as the
Board moves through the budget period.
Mr. Gecker then made a motion for the Board to advertise the
real estate tax rate at 99 cents.
The motion failed for lack of a second.
Ms. Durfee expressed concerns relating to not knowing from
the state the amount of revenue which will be received. She
stated the decisions the Board has to make are not easy ones.
She further stated the uncertainty is causing a lot of
uneasiness among the citizens. She stated the county and
schools have grown a lot over the last 10 years. She further
stated when the Board took office, they wanted to set a new
path for the county. She stated the county is not
relinquishing any responsibility with respect to the revenue,
but the state will have to determine if they plan to shift
responsibilities down to the local level. She further stated
it is always appropriate, whether in good or bad times, to
ask what the appropriate size of the government is. She
stated it is unknown how long the economy will take to
recover from this recession.
Ms. Jaeckle stated our decline in revenue is just a
reflection of the economic downturn and is our responsibility
to budget accordingly. She further stated if we had a
revenue neutral tax rate all along then she could agree to a
revenue neutral tax rate today. She stated she does not
think it is fair to the taxpayers to continue to add to the
budget without justification when revenue is up and then
expect a revenue neutral tax rate when revenue is down. She
further stated even though county revenue is down, it is
nothing compared to the drastic revenue losses many of our
citizens are facing. She provided stories regarding
constituents who are out of work or have businesses that are
suffering. She stated we have never seen cuts like we are
seeing in education. She expressed concerns that ever since
the push for high stakes testing, we have added so many
programs, personnel and money and burdened teachers with so
much paperwork that she does not think anyone can tell us
what we really need. She further stated we cannot provide
everything we have in the past to meet these test scores, and
we need to evaluate how much we can afford to bring those
scores from the 95th to the 99th percentile. She stated that
maybe as a citizenry we will scrutinize expenditures and the
validity of new programs now that we see how they can affect
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teacher salaries, pupil teacher ratios, electives and
athletics, and might stop shifting the burden of parents onto
the schools and back onto the parents, or we will start
shifting some of the responsibility of learning back onto the
students instead of having our teachers to continually jump
ropes to have kids pass test scores. She further stated she
thinks it would be disingenuous to advertise tax rates or
raise rates at a higher level because it would give citizens
a false sense that we can tax our way out of this economic
downturn instead of seriously evaluating the way we do
things. She stated revenue neutral tax rate is nowhere close
to making up the shortfall and each person advocating for
their taxes to be raised to save a program would assume it
would be their program saved. She further stated it is only
by going through with the cuts that we can determine what we
need and what is worth raising the tax rate for. She stated
she believes taxes are a necessary part of living in a
quality community, but she also thinks we need to be clear on
what we are paying for. She further stated part of her has
been so afraid to take this step, part of her just wants to
take the easy way and raise the taxes and not get into any
controversy, but she thinks she would be doing the community
a disservice by not facing what we need to face. She thanked
Mr. Wyman and Mr. Myers for the extraordinary amount of time
they have spent working with the Board of Supervisors on this
budget and providing her with information and taking the time
for explanations. She stated we must now begin the same
exercise on the county side indicating this will be a tough
year, but she feels confident that as a community we will
come out stronger because of it.
Mr. Warren expressed appreciation to Mr. Wyman for attending
the meeting because the school budget is a large portion of
the county's commitment to the citizens as taxpayers of
Chesterfield. He stated elected officials and citizens all
across the nation are having the same debate as Chesterfield
County. He further stated fortunately Virginia has been
conservative in trying to balance their budgets in the past.
He stated in good economic times, education received huge
increases in funding over the past 10 years. He further
stated the county has made a long term commitment to services
in Chesterfield County, but is now faced with the economic
downturn. He stated now is the time for the county to become
more responsible in weighing options for balancing the
budget. He further stated the county will gain more
information by working together with the School Board to
balance the budgets. He stated the county still has a lot of
work to do with the budget weighing the options available.
Mr. Holland stated the county is certain there will be less
revenue and less jobs available in the county. He further
stated he is confident the county and the school division
will be able to balance their budgets without cutting core
critical services or athletics, music programs, reading,
band, and art.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
authorized advertisement of tax rates, including a $0.95 real
estate tax rate, the proposed FY2011 and FY2012 budgets,
proposed FY2011-FY2015 Capital Improvement ,Program, the
proposed FY2011 Community Development Block Grant Program,
and other ordinance changes for public hearings as outlined
in the papers of this Board.
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Ms. Durfee stated the decision on the advertisement of tax
rates could have been postponed until March 3, which would
allow for the county to have more information from the state
on what revenues would be received by the county. She
further stated the county may come to a realization that this
size of government is unaffordable and certainly cannot be
sustained if it is solely dependent on the real estate tax
revenue in Chesterfield. She stated the uneasiness that is
present in local governments throughout the Commonwealth is
due to the state government not stepping up to the plate with
regards to the funding to the localities.
Mr. Gecker stated the Board could have called a special
meeting on March 3rd in order to address the advertisement of
the real estate tax rate, but the county will not have all of
the information from the state until the General Assembly is
out of session. He further stated the Board has the ability
to go below whatever amount is advertised for the tax rate,
but does not have the ability to increase the rate. He
stated if the Board would have advertised a higher rate than
the current rate it would have allowed for some flexibility
in the budget. He further stated an analysis is needed to
figure out what it takes to run an appropriately sized
general fund and school system.
Mr. Gecker then called for a vote on the motion of Mr.
Holland, seconded by Mr. Warren, for the Board to authorize
advertisement of tax rates, including a $0.95 real estate tax
rate, the proposed FY2011 and FY2012 budgets, proposed
FY2011-FY2015 Capital Improvement Program, the proposed
FY2011 Community Development Block Grant Program, and other
ordinance changes for public hearings as outlined in the
papers of this Board.
Ayes: Holland, Jaeckle, warren and Durfee.
Nays: Gecker.
8.B. APPOINTMENTS
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
suspended its rules to allow simultaneous nomination/
appointment of members to serve on the John Tyler Alcohol
Safety Action Program Policy Board and the Towing Advisory
Board.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.1. JOHN TYLER ALCOHOL SAFETY ACTION PROGRAM POLICY BOARD
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed Colonel Thierry G. Dupuis
to the John Tyler ASAP Policy Board, whose term is effective
immediately and will expire February 23, 2013.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
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2. TOWING ADVISORY BOARD
On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board
simultaneously nominated/appointed Sergeant David J. Higgins
to the Towing Advisory Board, who serves at the pleasure of
the Board.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.C. STREETLIGHT UPGRADE COST APPROVALS
Ms. Jaeckle stated the proposed streetlight upgrades are to
be located on the street on which she lives, declared a
conflict of interest under the Virginia Conflict of Interest
Act, and excused herself from the meeting.
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
approved the following streetlight upgrades:
BERMUDA DISTRICT:
In the Trueheart Heights subdivision, upgrade existing 7000
Lumen Mercury Vapor fixtures to the County residential
standard 8000 Lumen Sodium Vapor fixtures:
• Old Centralia Road, vicinity of 11360
Cost to upgrade streetlight: $149.00
• Rochelle Road, vicinity of 11400
Cost to upgrade streetlight: $149.00
• Rochelle Road, vicinity of 11520
Cost to upgrade streetlight: $149.00
Ayes: Gecker, Holland, Warren and Durfee.
Nays: None.
Absent: Jaeckle.
Ms. Jaeckle returned to the meeting.
8.D.CONSENT ITEMS
8.D.1. ACCEPTANCE AND APPROPRIATION OF STAFFING FOR ADEQUATE
FIRE AND EMERGENCY RESPONSE GRANT AWARD FROM THE
DEPARTMENT OF HOMELAND SECURITY
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On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
authorized the Department of Fire and Emergency Medical
Services to accept and appropriate the SAFER grant award from
the Department of Homeland Security in the amount of $184,560
and authorized the County Administrator to execute all
documents.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
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8.D.3. AWARD OF CONTRACT FOR MAINTENANCE AND REPAIRS AT THE
MANCHESTER, ENON, CLOVER HILL, BUFORD AND PHILLIPS
FIRE STATIONS
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
awarded a contract to C.D. Hall Construction, Inc. in the
amount of $421,750.00 for maintenance and repairs at the
Manchester, Enon, Clover Hill, Buford, and Phillips Fire and
EMS Stations.
Ayes: Decker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.D.4. CONVEYANCE OF EASEMENTS TO VIRGINIA ELECTRIC AND
POWER COMPANY
8.D.4.b. FOR THE REALIGNMENT OF OVERHEAD POWER LINES AND
POWER POLES AT CLOVER HILL HIGH SCHOOL
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Virginia
Electric and Power Company for a variable width easement for
the realignment of overhead power lines and power poles at
Clover Hill High School, 13900 Hull Street Road. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.D.5. ACCEPTANCE OF PARCELS OF LAND
8.D.5.a. ALONG WEST HUNDRED ROAD FROM IRENE W. CARVES
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
accepted the conveyance of a parcel of land containing 0.001
acres along West Hundred Road from Irene W. Carnes 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: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.D.5.b. ALONG WEST HUNDRED ROAD FROM MCLAUGHLIN
HOLDINGS, LLC
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
accepted the conveyance of two parcels of land containing a
total of 0.024 acres along West Hundred Road from McLaughlin
Holdings, 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: Decker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
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8.D.6. REQUESTS FOR PERMISSION
8.D.6.a. FROM PMF LLC FOR AN EXISTING ASPHALT PEDESTRIAN
0
TRAIL TO ENCROACH WITHIN TWO VARIABLE WIDTH STORM
WATER MANAGEMENT SYSTEM BEST MANAGEMENT PRACTICE
SYSTEM EASEMENTS AND A THIRTY-FOOT SEWER EASEMENT
ACROSS OPEN-SPACE D, THE SANCTUARY AT WATERMILL,
SECTION A, AND OPEN-SPACE C AND LOTS 25, 26, 27 AND
28, THE SANCTUARY AT WATERMILL, SECTION B
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
approved the request for permission from PMF LLC for an
existing asphalt pedestrian trail to encroach within two
variable width SWM/BMP easements and a 30-foot sewer easement
across Open-Space D, The Sanctuary At Watermill, Section A
and Open-Space C and Lots 25, 26, 27 and 28, The Sanctuary At
Watermill, Section B, subject to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.D.6.b. FROM ANGELA C. RAGSDALE FOR A PROPOSED GRAVEL
DRIVEWAY TO ENCROACH WITHIN FIFTY-FOOT UNIMPROVED
COUNTY RIGHT OF WAY OFF OF WOODS EDGE ROAD
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
approved the request for permission from Angela C. Ragsdale
for a proposed gravel driveway to encroach within 50-foot
unimproved county right of way off of Woods Edge Road,
subject to the execution of a license agreement. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.D.7. APPROVAL OF DESIGN, APPROPRIATION OF FUNDS,
AUTHORIZATION TO ENTER INTO AGREEMENTS, AND
AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR
THE CHALRLEY ROAD CURVE REALIGNMENT PROJECT NORTH OF
ECOFF AVENUE
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
1) approved the design for the Chalkley Road Curve
Realignment Project; 2) appropriated $1,127,600 in Traffic
Shed 13 road cash proffers; 3) authorized staff to proceed
with right-of-way acquisition; 4) authorized the
advertisement of an eminent domain public. hearing, if
necessary, to acquire the right-of-way; 5) authorized the
Chairman of the Board of Supervisors and County Administrator
to execute easement agreements for relocation of utilities;
6) authorized the County Administrator to enter into the
customary VDOT and environmental permits/mitigation
agreements; and 7) authorized the award of a construction
contract(s), up to $400,000, to the lowest responsible
bidder(s).
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
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8.D.8. TRANSFER OF FUNDS FOR THE BRANDERMILL HEADWALL
REPLACEMENT PROJECT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
transferred $43,000 from the General Road Improvement Account
to the Brandermill Headwall Replacement Project.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.D.9. AUTHORIZE THE COUNTY ADMINISTRATOR TO TRANSFER FUNDS
EXECUTE CHANGE ORDER NUMBER ONE FOR THE CONSTRUCTION
CONTRACT FOR THE ASPHALT PATHWAY AT ROBIOUS LANDING
PARK
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
authorized the County Administrator to transfer $24,542.96
from the Parks Improvements Contingency Account and execute
Change Order Number One in the amount of $24,542.96 for the
Robious Landing Park pathway construction contract with
Southern Paving Corporation.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.D.10. APPROPRIATION OF FUNDS RECEIVED FROM THE HENRICUS
FOUNDATION TO THE PARKS AND RECREATION DEPARTMENT'S
CAPITAL BUDGET FOR CONSTRUCTION OF THE "ROCKE HALL"
BUILDING AND AUTHORIZATION TO AWARD AND EXECUTE A
CONSTRUCTION CONTRACT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
1) appropriated $250,000 in funds received from the Henricus
Historical Foundation to the Parks and Recreation
Department's Capital Budget for the construction of the
"Rocke Hall" building at Henricus Historical Park; and 2)
authorized the County Administrator to award and execute a
construction contract to the lowest responsible bidder.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.D.11. SET DATES FOR PUBLIC HEARINGS
8.D.11.b. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING
TO THE DEFINITION OF KENNEL AND THE LICENSE TAX
IMPOSED ON KENNELS
On motion of Mr. Warren, seconded. by Ms. Jaeckle, the Board
set April 14, 2010, for a public hearing for the Board to
consider amendments to Chesterfield County Code Sections 4-21
and 4-36 relating to the definition of kennel and the license
tax imposed on kennels.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
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8.D.12. AWARD A CONTRACT FOR THE INSTALLATION AND
MAINTENANCE OF LANDSCAPE IMPROVEMENTS TO THE
MIDLOTHIAN TURNPIKE MEDIAN
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On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
authorized the County Administrator to execute a bid award to
RSG Landscaping and Lawn Care, Inc. in the amount of
$309,013.00 for the installation of landscaping and five-year
maintenance of landscaping materials for an annual amount of
$46,380.00 (Adjusted annually by the Consumer Price Index) in
the median of Midlothian Turnpike in the Chesterfield Towne
Center - Southport Area.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.D.13. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT
FUNDS FROM THE STATE HOMELAND SECURITY PROGRAM FOR
EQUIPMENT, PRACTICAL EXERCISE AND TRAINING FOR THE
DIVISION 1 - REGIONAL TECHNICAL RESCUE TEAM
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
authorized the Fire and EMS Department, Office of Emergency
Management, to receive and appropriate $98,571.00 in grant
funds from the State Homeland Security Program Grant for
heavy tactical rescue team equipment, practical exercise and
training for the Division 1 - Regional Technical Rescue Team.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.D.16. APPROVE THE APPROPRIATION OF FUNDS AND AUTHORIZATION
TO AWARD A CONSTRUCTION CONTRACT FOR THE ROUTE 10
(I-95 TO WARE BOTTOM SPRING ROAD) WIDENING PROJECT
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
appropriated $24,142,946 ($15,442,946 in anticipated VDOT
reimbursements and $8.7 million in 2004 authorized General
Obligation bonds); and authorized the County Administrator to
award a construction contract, upon VDOT approval, up to
$19,600,000, to the lowest responsible bidder for the Route.
10 (I-95 to Ware Bottom Spring Road) Widening project.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
The following items were removed from. the Consent Agenda for
Board comment:
8.D.2. ADOPTION OF RESOLUTION APPROVING THE FINANCING AND
THE ISSUANCE OF BONDS BY THE ECONOMIC DEVELOPMENT
AUTHORITY FOR THE BENEFIT OF SPORTSQUEST, LLC
u
In response to Mr. Holland's questions, Mr. Stegmaier stated
the county Economic Development Authority is the issuer of
the bonds, which are private purpose bonds, for SportsQuest.
He further stated the county or the Economic Development
Authority will support companies under particular guidelines
as determined by the federal government for the issuance of
bonds for the development of industrial businesses. He
stated the Recovery Act allows the use of this type of
financing for entities that are not involved in
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manufacturing. He further stated the issuance of the bonds
will not impact the county's bond rating.
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the Economic Development Authority of
Chesterfield County, Virginia (the "Authority") has
considered the Application for Bond Authorization of
SportsQuest, LLC (the "Company"), whose principal place of
business is 2419 Colony Crossing Place, Midlothian, Virginia
23112; and
WHEREAS, the Company has requested that the Authority
issue its recovery zone facility revenue bonds in an amount
not to exceed $30,000,000 (the "Bonds") pursuant to the
Industrial Development and Revenue Bond Act, Title 15.2,
Chapter 49 of the Code of Virginia of 1950, as amended (the
"Act" ) the proceeds from which Bonds will be used to assist
the Company in financing the acquisition, construction and
equipping, on a tract of land of approximately 250 acres
situated near the intersection of the Powhite Parkway and
Route 288 in Chesterfield County, Virginia (the "County"), of
multi-sports complex facilities generally described as (i)
medical facilities that include a sports medicine clinic,',
therapy/rehabilitation and sports science center, a sports'
field house, an aquatics center, an ice-plea seating
approximately 2,500 people, a fitness center, an
entertainment center, corporate offices and retail space all
totaling approximately 350,000 square feet and (ii) parking
facilities consisting of approximately 500,000 square feet of
parking lots (the "Project") with the initial operator, owner
and manager of the Project being the Company; and
WHEREAS, the Company has described the benefits of the
Project to the County of Chesterfield, Virginia (the
"County") and the Authority has, after public hearing, by
adoption of its resolution (the "Approval Resolution"),
recommended to the Board of Supervisors of the County (the
"Board of Supervisors") its approval of the issuance of the
Bonds by the Authority under the Act in the amount requested
to finance costs of the Project; and
WHEREAS, Section 147(f) of the Internal Revenue Code of
1986, as amended (the "Code") provides that the governmental
unit having jurisdiction over the area in which any facility
financed with the proceeds of private activity bonds is
located must approve the issuance of the bonds; and
WHEREAS, the Project to be financed through the issuance
of the Bonds is located in the County and the Board of
Supervisors constitutes the highest elected governmental unit
of the County; and
WHEREAS, copies of the Authority's Approval Resolution,
brief summary of the Authority's public hearing and Fiscal
Impact Statement have been filed with the Board of
Supervisors.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
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1. The Board of Supervisors hereby approves the
financing of the Project and the issuance of the Bonds by the
Authority for the benefit of the Company, as required by
Section 147 (f) of the Code and Section 15.2-4906 of the Act,
to permit the Authority to assist in the financing of the
Project .
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2. The approval of the issuance of the Bonds, as
required by Section 147(f) of the Code and Section 15.2-4906
of the Act, does not constitute an endorsement of the Bonds
or the creditworthiness of the Company or otherwise indicate
that the Project possesses any economic viability. As
required by the Act, the issuance of the Bonds as requested
by the Company will not constitute a debt or pledge of the
faith and credit of the Commonwealth of Virginia or the
County. Neither the Commonwealth of Virginia nor any
political subdivision thereof, including the Authority or the
County shall be obligated to pay the Bonds, or the interest
thereon, or other costs incident thereto, except from the
revenues and monies pledged therefore, and neither the faith
and credit nor the taxing -power of the Commonwealth of
Virginia nor any political subdivision thereof, including the
Authority and the County, will be pledged to payment of
principal of such Bonds or the interest thereon or other
costs incidental thereto.
3. The County Administrator and other County employees
and representatives are authorized to take such .action and
file such documents as are consistent with the provisions of
this resolution.
4. This resolution shall take effect immediately upon
its adoption.
Ayes: Gecker, Jaeckle, warren and Durfee.
Nays: Holland.
8.D.4.a. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY TO PROVIDE SERVICE TO FIVE MOBILE
CLASSROOMS AT ROBIOUS MIDDLE SCHOOL
^#
In response to Ms. Durfee's question, Mr. Harmon stated he
was unsure if this request is for additional classrooms but
there has been a change in Virginia Power's requirement for
dedicating easements.
In response to Ms. Durfee's questions, Mr. Myers stated
Robious Middle School is currently under design for
renovation which includes a complete replacement of the HVAC
system. He further stated this request is not for additional
trailers at Robious Middle, but for the trailers currently
located there. He stated there has been a change in Virginia
Power's requirement for easements.
Discussion ensued relative to the possible deferral of this
item.
Mr. Gecker stated this item would be brought back at the end
of the consent agenda to allow time for staff to address Ms.
Durfee's concerns.
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8.D.14. APPROVAL OF DESIGN, AUTHORIZATION TO PROCEED WITH
RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION,
AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT,
AUTHORIZATION TO ENTER INTO AGREEMENTS, AND TRANSFER
OF FUNDS FOR THE ROUTE 10 WIDENING (FRITH LANE TO
GREENYARD ROAD) BOND PROJECT
Ms. Jaeckle stated collectively
road improvement request and is
that will assist with economic
whether the Board should move
utilize the funds for a project
development in the county.
the Board has reviewed each
supporting the improvements
development. She inquired
forward on this request or
which supports more economic
In response to Ms. Jaeckle's question, Mr. McCracken stated
this project was on the Bond Referendum due to congestion
problems along Route 10. He further stated with the market
the way it has been, the opportunity is there to move forward
with the project and get the best prices.
Ms. Jaeckle stated right now may be the best time to do these
projects because of the savings on construction costs, but
the county has the least amount of revenue. She further
stated she would support moving forward with the design of
the project and the purchase of the right of way but not the
construction.
Mr. Holland stated this project will relieve congestion along
Route 10 and will enhance the safety of the area. He further
stated it is important for the Board to approve this project,,,,
to honor the Bond Referendum.
In response to Ms. Durfee's questions, Mr. McCracken stated'.
the project will go to Chesterfield Meadows on Route 10. He
further stated the signaling system which is in place today
will be upgraded and no further signals are planned as part
of this project. He stated the current volume on Route 10 is
approximately 30,000 vehicle trips per day. He further
stated one of the main problems is the turn lane from Route
10 to Beach Road, which causes a back up into the lanes on
Route 10. He stated the estimate for the project is a
conservative estimate. He further stated he believes the
construction costs for the project will be below what the
engineers have estimated.
Mr. Holland made a motion, seconded by Ms. Durfee, for the
Board 1) approve the design for the Route 10 Widening (Frith
Lane to Greengard Road) Bond Project; 2) authorize staff to
acquire right-of-way for the project, including advertising
of an eminent domain public hearing if necessary; 3)
authorize the Chairman of the Board and County Administrator
to execute easement agreements for relocation of utilities;
4) authorize the award of a construction contract, up to
$3,430,000, to the lowest responsible bidder(s); 5) authorize
the County Administrator to enter into the customary VDOT and
environmental permits/mitigation agreements; and 6) transfer
$900,000 from the completed Beulah Road 2004 bond referendum
project.
In response to Mr. Gecker's questions, Mr. Carmody stated the
bonds were sold with the 2009 bonds. He further stated
completing this project will amount to $340,000 in debt
service to the county.
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In response to Mr. Gecker's questions, Mr. McCracken stated
the county needs to acquire about 1.7 acres of right of way.
He further stated the majority of the project is going to be
built within right of way already owned by the county. He
stated the majority of the cost for the project is design and
construction costs. He further stated there are several
parcels for sale along Route 10 which is in the project
boundaries. He stated some of the improvements included in
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this project would normally be required of the developers if
the landowner were to develop the properties. He further
stated about 25 percent of the project would normally be at
the cost of the land developer if those parcels were to be
developed.
Mr. Warren stated this project is needed and will have an
impact on economic development due to the congestion problems
along Route 10. He further stated this is an opportune time
to move forward with the project.
In response to Mr. Warren's questions, Mr. McCracken stated
there is no indication that this project will receive
stimulus funds. He further stated if the Board voted to
solicit the bids at this time and then make a final decision
on the project at a later time, the contractors may not
submit a bid due to not knowing if the project will get
approval. He stated the county would have to put a good
faith effort forward on the bid to ensure the project will be
approved.
Mr. Gecker then called for a vote on the motion of Mr.
Holland, seconded by Ms. Durfee, for the Board 1) approve the
design for the Route 10 Widening (Frith Lane to Greenyard
Road) Bond Project; 2) authorize staff to acquire right-of-
way for the project, including advertising of an eminent
domain public hearing if necessary; 3) authorize the Chairman
of the Board and County Administrator to execute easement
agreements for relocation of utilities; 4) authorize the
award of a construction contract, up to $3,430,000, to the
lowest responsible bidder(s); 5) authorize the County
Administrator to enter into the customary VDOT and
environmental permits/mitigation agreements; and 6) transfer
$900,000 from the completed Beulah Road 2004 bond referendum
project .
Ayes: Holland, Warren and Durfee.
Nays: Gecker and Jaeckle.
8.D.15. CREATION OF A COMMITTEE TO REVIEW THE SIGN ORDINANCE
AND REPORT TO BOARD OF SUPERVISORS WITH
RECOMMENDATIONS FOR SPECIFIC AREAS WHICH SHOULD BE
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CONSIDERED FOR AMENDMENT
studied again. He further stated the Board cannot continue
reasons, the sign ordinance has been tested and has held up
well and committees such as this should not be Board
appointed committees. He further stated the Board has enough
going on without creating a sign ordinance committee. He
stated the Planning Cgmmission could create a sign ordinance
committee if it is the Board's desire that this issue be
Mr. Gecker stated he does not believe the Board should be
creating another committee at this time for a couple of
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to add additional work on the staff and expect everything to
receive the kind of attention it needs to receive.
Ms. Durfee stated she has received a lot of interest from
citizens and businesses to serve on a countywide sign
ordinance committee. She further stated the previous sign
committees which were formed were not countywide, they dealt
with particular concerns or areas.
Mr. Turner stated the awareness has increased about the
opportunity for the Board to create a sign ordinance
committee and there has been interest expressed by the
Chesterfield Chamber of Commerce, the Richmond Association of
Builders, as well as the Homebuilder's Association to
participate.
Ms. Durfee stated appointing this committee gives the Board
an opportunity for a committee to be in place for the next
few months to review sign topics. She further stated there
has been a lot of input from citizens to have a countywide
committee.
In response to Mr. Holland's question, Ms. Durfee suggested
the May timeframe for the committee to begin to allow Mr.
Turner and his staff to begin to identify key members of the
committee.
Mr. Holland stated a countywide sign ordinance committee is a
great idea; however he expressed concerns relative to the
timing of it. He further stated the Comprehensive Plan
requires a lot of oversight and work to do it well. He
stated it may be good to consider the committee at a later
time.
Ms. Durfee stated there has not been a countywide sign
ordinance committee. She further stated she will consider
deferring it until May to allow the other Board members to
receive feedback from the various sectors that have expressed
an interest in the committee.
In response to Mr. Gecker's question, Mr. Turner stated the
sign ordinance was updated in 2001.
Mr. Warren stated now is not an appropriate time to appoint a
sign ordinance committee. He further stated putting extra
burdens on staff at this time given the tightening of budget
is not a good idea.
In response to Mr. Gecker's question, Mr. Mincks stated if
there is not action on the item, then the Board will pass
over it.
Ms. Durfee stated organizations and citizens want to
participate in a countywide sign ordinance committee over the
next six months and tie it in with the Comprehensive Plan in
the fall .
Ms. Durfee made a motion to create.
Motion failed to lack of a second. The Board passed over
consideration of Creation of a Committee to Review the Sign
Ordinance and Report to Board of Supervisors with
Recommendations for Specific Areas Which Should be Considered
for Amendment.
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8.D.4.a. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY TO PROVIDE SERVICE TO FIVE MOBILE
CLASSROOMS AT ROBIOUS MIDDLE SCHOOL
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The Board resumed its earlier discussion of the easement at
Robious Middle School.
Mr. Harmon stated this request will not add new trailers to
Robious Middle School. He further stated the trailers
currently located at Robious Middle School are being
relocated, which requires a new easement request.
In response to Ms. Durfee's question, Mr. Myers stated there
is a renovation project on the HVAC system which is underway
at Robious Middle School. He further stated the project
requires the movement of these trailers and Virginia Power is
requiring a right of way to access the property when the
trailers are moved.
In response to Mr. Gecker's questions, Mr. Myers stated the
project was approved in last year's CIP and is currently in
the design phase.
In response to Ms. Durfee's question, Mr. Myers stated the
School Board approved a modified CIP, which deferred all of
the projects except for the renovations at Robious Middle,
Salem Church Middle and Swift Creek Middle Schools.
Ms. Durfee stated the project has been approved at the School
Board level, but the recommendation from the School Board
Liaison Committee has not been finalized.
Mr. Gecker stated when the Board votes on an item, they speak
as one voice. He further stated it is not appropriate to
pick at the project at the administrative level.
Ms. Jaeckle stated it is the School Board's decision whether
they are going to choose to go through with projects or use
the money as part of their operating budget.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Virginia
Electric and Power Company for a 15-foot underground easement
to provide service to five mobile classrooms at Robious
Middle School, 2701 Robious Crossing Drive. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Gecker, Holland, Jaeckle and Warren.
Nays: Durfee.
9. REPORTS
9.A. REPORT ON STATUS .OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS
AND LEASE PURCHASES
On motion of Mr. Warren, seconded by Mr. Holland, the Board
accepted the following report: A Report on Status of General
Fund Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
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10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. George Beadles, a Clover Hill resident, urged the Board
to do what was necessary to maintain the county's AAA bond
rating.
11. DINNER
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
recessed to the Lane B. Ramsey Administration Building, Room
502, for dinner.
Reconvening:
12. INVOCATION
Dr. Wilson Shannon, Pastor, First Baptist Church Centralia,
gave the invocation.
Mr. Holland introduced the First Baptist Church - Centralia
choir, who performed a musical selection.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Deputy County Administrator M.D. "Pete" Stith, Jr. led the
Pledge of Allegiance to the Flag of the United States of
America.
14. RESOLUTIONS
14.A. RECOGNIZING MRS. LOTTIE HOWLETT CAROLINA ON HER 104Tx
nrQ~runnv
Mr. Holland introduced Dr. Wilson Shannon, Pastor of First
Baptist Church Centralia, who was present to receive the
resolution on the behalf of Ms. Carolina.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:.
WHEREAS, Mrs. Lottie Howlett Carolina was born in the'.
Bellwood-Kingsdale Road Community in Chesterfield County one
March 4, 1906; and
WHEREAS, Mrs. Carolina has been a resident of that
community all of her life until her declining health required
that she move to an assisted care facility; and
WHEREAS, at an early age, Mrs. Carolina became a member
of First Baptist Church Centralia, where served as a member
of the Deaconess Ministry, member and president of the Senior
Choir, and a member of both the Church Interest Club and the
Missionary Ministry; and
WHEREAS, Mrs. Carolina was an active participant in the
neighborhood garden club and loved to work with her shrubbery
and flowers, sharing them with her neighbors and supplying
flowers to decorate the church; and
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WHEREAS, Mrs. Carolina has a strong memory and still
asks about her relatives, friends and church family; and
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WHEREAS, Mrs. Carolina still maintains her sense of
humor, likes to hear funny stories, and can sometimes inject
a bit of humorous irony into a conversation; and
WHEREAS, Mrs. Carolina has served as a source of wisdom
and encouragement, as well as a role model, for her family
members and the community; and
WHEREAS, Mrs. Carolina is one of Chesterfield County's
most cherished senior residents.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, on behalf of all Chesterfield
County residents, recognizes the significant contributions of
Mrs. Lottie Howlett Carolina, wishes her a happy 104th
birthday, and is proud to have her as a resident of
Chesterfield County.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
Mr. Holland presented the executed resolution to Dr. Shannon.
He stated Ms. Carolina is a special lady. He further stated
he has been Ms. Carolina's deacon for the last 17 years.
Dr. Shannon expressed appreciation for the Board's
acknowledgement of such a distinguished person. He stated
she wanted to attend the meeting.
Mr. Thomas Branch, Chairman of the Deacon Board of First
Baptist Church Centralia, expressed appreciation to the Board
for recognizing Ms. Carolina.
Ms. May Friend, Head of the Deaconess Ministry of First
Baptist Church Centralia, expressed appreciation to the Board
for recognizing Ms. Carolina. He stated Ms. Carolina is full
of love and joy .
Mr. Holland stated Ms. Carolina was 20 years old when Negro
History Week was begun.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Sara Whitten addressed the board regarding proposed
budget cuts to the school system and the affect they will
have on the students' futures.
Mr. Robert Wilson addressed the Board requesting funding for
the Chester House.
Ms. Brenda Stewart expressed appreciation to the Board for
not advertising a higher tax rate. She stated there are
further cuts that can be made on the county and school sides.
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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
lOSN0129
In Matoaca Magisterial District, CARL AND MELISSA KEENE
request Conditional Use and amendment of zoning district map
to permit a dwelling separated from the principal dwelling in
a Residential (R-7) District on 0.6 acre known as 6103 River
Road. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 1.5 units per
acre or less. Tax ID 781-609-4017.
Mr. Turner presented a summary of Case lOSN0129 and stated
the Planning Commission and staff recommended approval
subject to the conditions.
Mr. Carl Keene, the applicant, stated he accepted the
conditions.
Mr. Gecker called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved Case lOSN0129, subject to the following conditions:
1. This conditional use shall be granted to and for Carl
and/or Melissa Keene only and shall not be transferrable
or run with the land. (P)
2. Occupancy of the second dwelling unit shall be limited
to: the applicants and individuals related to them by
blood, marriage, adoption or guardianship, foster
children, and guests. (P)
3. For the purpose of providing record notice, within sixty
(60) days of approval of this request, a deed
restriction shall be recorded setting forth the
limitation in Condition 2 above. The deed book and page
number of such restriction and a copy of the restriction
as recorded shall be submitted to the Planning
Department. (P)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
lOSN0156
In Bermuda Magisterial District, ROBERT A. MILLS requests
rezoning and amendment of zoning district map from Corporate
Office (O-2) to Community Business (C-3) on 0.6 acre known as
3453 West Hundred Road. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
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suggests the property is appropriate for office/residential
mixed use. Tax ID 793-655-4597.
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Mr. Turner presented a summary of Case lOSN0156 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
No one was present representing the applicant.
Mr. Gecker stated Case lOSN0156 would be placed later on the
agenda to allow time for the applicant to be present.
lOSN0159
In Clover Hill Magisterial District, BALZER & ASSOCIATES INC
- BROWN'S BLUFF requests amendment of zoning (Case 04SN0269)
and amendment of zoning district map relative to house size
in a Residential (R-12) District on 21.7 acres fronting 210
feet on the west line of Alberta Road, 290 feet south of
Carol ,Anne Road. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for residential use of
1.0 - 2.5 dwelling units per acre. Tax ID 743-676-9756.
Mr. Turner presented a summary of Case lOSN0159 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered condition.
Mr. Andy Scherzer, the applicant's representative, stated the
recommendation is acceptable.
Mr. Gecker called for public comment.
There being no one to address the request, the public hearing
was closed.
Mr. Holland encouraged the county to be vigilant with respect
to affordable housing. He stated it is critically important
with the current economic times and this case addresses
affordable housing.
Mr. Warren stated this case represents infill development.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
approved Case lOSN0159 and accepted the following proffered
condition:
A maximum of thirty-six (36) dwelling units shall have a
minimum gross floor area of 1,600 square feet. All other
dwelling units shall have a minimum gross floor area of
2,000 square feet. Dwelling units located on lots
immediately adjacent to Stanwick Subdivision shall have a
minimum gross floor area of 2,000 square feet. (P)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
lOSN0114
In Bermuda Magisterial District, VIRGINIA ELECTRIC & POWER
COMPANY C/O DOMINION RESOURCES, INC. requests rezoning from
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Light Industrial (I-1) to Heavy Industrial (I-3) of 179.6
acres with Conditional Use to permit an electric power
generation plant and disposal facility for fossil fuel
combustion products and amendment of zoning district map on
the entire 842.1 acre tract fronting 3580 feet on the north
and south lines of Coxendale Road, east of Old Stage Road and
at the southwest corner of Old Stage Road and Coxendale
Roads. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for industrial use. Tax IDs 802-665-
4390; 805-662-7764; 805-666-2525; 806-662-8465; 806-664-8063;
807-660-1776; and 811-660-3332.
Mr. Turner presented a summary of Case lOSN0114 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Warren stated as the Assistant Director of the'
Preparedness Division and Manager of the Radiological,,
Emergency Response Planning Program for the Virginia'
Department of Emergency Management, he works with Dominion
Virginia Power on a daily basis. He further stated he has no
financial relationship with Dominion Virginia Power, nor can
Dominion Virginia Power influence or affect his position or
salary with his employer. He stated he has been advised that
he does not legally have a conflict of interest under state
law to participate in this zoning case; however, he expressed
concerns that his frequent professional dealings with
Dominion Virginia Power could raise an appearance of
impropriety if he did participate and for that reason, he
declared a conflict and will not participate in this case or
the case related to it.
Mr. Warren excused himself and left the room.
Mr. Brennen Keene, the applicant's representative, requested
approval of the rezoning and the two conditional uses. He
expressed appreciation to staff, the Planning Commission and
the Board of Supervisors who have been diligent in reviewing
this case.
Mr. Gecker called for public comment.
Mr. George Beadles, a Clover Hill resident, stated he would
like to hear the presentation from the applicant's
representative.
Mr. Warren returned to the meeting.
lOSN0177
In Bermuda Magisterial District, GLENN S. ROBERTS, SR.
requests renewal of manufactured home permit 02SR0268 to
permit a temporary manufactured home in a Residential (R-7)
District on .5 acre known as 2700 Shields Road. The density
of such amendment is approximately 2.0 units per acre. The
Comprehensive Plan suggests the property is appropriate for
office/residential mixed use. Tax ID 796-660-7512.
Mr. Turner presented a summary of Case lOSN0177 and stated
staff recommended approval subject to the conditions.
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Mr. Glenn Roberts, the applicant, stated the recommendation
is acceptable.
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Mr. Gecker called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
approved Case lOSN0177, subject to the following conditions:
1. The applicant shall be the owner and occupant of the
manufactured home. (P)
2. This manufactured home permit shall be granted for a
period not to exceed seven (7) years from date of
approval. (P)
3. No additional permanent-type living space may be added
onto this manufactured home. This manufactured home
shall be skirted, but shall not be placed on a permanent
foundation. (P)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
lOSN0114
In Bermuda Magisterial District, VIRGINIA ELECTRIC & POWER
COMPANY C/O DOMINION RESOURCES, INC. requests rezoning from
Light Industrial (I-1) to Heavy Industrial (I-3) of 179.6
acres with Conditional Use to permit an electric power
generation plant and disposal facility for fossil fuel
combustion products and amendment of zoning district map on
the entire 842.1 acre tract fronting 3580 feet on the north
and south lines of Coxendale Road, east of Old Stage Road and
at the southwest corner of Old Stage Road and Coxendale
Roads. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate fo'r industrial use. Tax IDs 802-665-
4390; 805-662-7764; 805-666-2525; 806-662-8465; 806-664-8063;
807-660-1776; and 811-660-3332.
Mr. Warren excused himself from the meeting.
Ms. Peterson presented a summary of Case lOSN0114 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions. She further stated
the proposal conforms to the Consolidated Eastern Area Plan.
Mr. Brennan Keene stated Dominion Virginia Power had an
aggressive community outreach program for this project. He
further stated the Henricus Foundation supports the project.
He requested the Board approve the request as presented.
Mr. Gecker called for public comment.
Mr. George Beadles, a Clover Hill resident, stated he has
observed water being used at the Dutch Gap Conservation Area
to spray down the dust.
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Mr. Bob Schrum, Chairman of the Government Relations
Committee for the Chesterfield Chamber of Commerce, stated
the Chamber is in support of the request.
There being no one else to address the request, the public
hearing was closed.
Mr. Keene stated Dominion Virginia Power is paying for the
water it uses at the location.
Ms Jaeckle stated the fact that Dominion Virginia Power was
building a road within the facility as opposed to bringing
the ash onto public roads to go to another a facility made
this request attractive. She further stated the dust control
at the facility is regulated by the Department of
Environmental Quality. She expressed appreciation to staff
and the applicant for working together on the buffer problems
and moving this project forward.
On motion of Ms. Jaeckle, seconded Mr. Holland, the Board
approved Case lOSN0114 and accepted the following proffered
conditions:
Virginia Electric and Power Company (the "Owner") in this
zoning case, pursuant to Section 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of
Chesterfield County, for itself and its successors or
assigns, proffers that the development of the property known'
as Chesterfield County Tax Identification Numbers 802-665-
4390, 805-666-2525, 807-660-1776, 806-662-8465, 806-664-8063,
805-662-7764, and 811-660-3332 (the "Property") under
consideration will be developed according to the following
conditions if, and only if, the rezoning request for I-3 and
the conditional use permits (CU) are granted. In the event
the request is denied or approved with conditions not agreed
to by the Owner, the proffers shall immediately be null and
void and of no further force or effect. If the zoning is
granted, these proffers will supersede all proffers and
conditions now existing on the Property.
Exhibit A - The plan titled "Dominion, Chesterfield Power
Station, FFCP Management Facility, Adjacent Parcel Map,"
prepared by Golder Associates, dated 11/4/09.
Exhibit B - The plan titled "Facility Phasing Plan, Dominion
Chesterfield Power Station," prepared by Golder Associates,
Revision 2 dated 12/9/09.
Exhibit C
Chesterfield Power Station," revision 2, prepared by Golder
Associates, dated 10/26/09.
- The plan titled "Buffer Plan, Dominion
1. Uses. Uses permitted on the Property shall be:
A. Any use permitted in the Heavy Industrial (I-
3) District.
B. Electric power generation plant.
C. Management facility for fossil fuel combustion
products ("FFCPs"), as that term ,is defined by
the Virginia Department of Environmental
Quality ("DEQ"). For purposes of this
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condition, the term "FFCPs" shall include fly
ash; bottom ash; gypsum; rock, pyrites and
tramp iron; waste coal and coal fines; ground
wood; waste lime and limestone; cenospheres;
bead blast residue; stabilized solids from the
Plant Waste Water Treatment Plant; stabilized
solids from Waste Treatment Ponds; filter
press solids; and waste solid refractory.
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D. Ponds or other storage facilities for FFCPs.
E. Haul road or other manners of transport of
FFCPs.
F. Reclamation of FFCPs.
G. Any accessory uses associated with any of the
uses listed above. (P)
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2. Construction and Phasing of FFCP Facility.
A. The FFCP management facility (the "Management
Facility"), generally shown on Exhibit A as
"proposed FFCP limits of disturbance" shall be
developed as an industrial waste disposal
facility, subject to Virginia Department of
Environmental Quality ("DEQ") regulations.
Notwithstanding the general nature of the
"proposed FFCP limits of disturbance" shown on
Exhibit A, the actual area of disturbance for
the Management Facility (exclusive of the
"Haul Road" as described in Proffer 4) shall
not exceed ninety-two (92) acres.
B. The Management Facility shall be constructed
in four phases. The first phase of
development (Phase 1) shall begin at the
eastern section of the Management Facility and
proceed in a westerly direction generally as
shown on Exhibit B. The lined areas for each
phase, exclusive of required stormwater and
sediment basins, access roads, and perimeter
roads, shall be limited to an acreage range as
follows:
i. Phase l: between 12.0 acres and 15.0
acres.
ii. Phase 2: between 14.0 acres and 17.0
acres.
iii. Phase 3: between 15.0 acres and 18.0
acres.
iv. Phase 4: between 20.0 acres and 23.0
acres.
The Owner shall submit a phasing plan that
shows the exact size and dimensions of each
phase (the "Phasing Plan"), which plan shall
be submitted for approval with the site plan
for the first phase of development for the
Management Facility and shall also be
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submitted to the County Director of General
Services (or his or her designee), to confirm
compliance with the dimensional requirements
of this Proffer 2. The Phasing Plan shall
include an estimated time schedule for
development of each phase. If the Owner
decides to change the size and/or dimensions
of any phase after approval of the original
Phasing Plan, the Owner shall be required to
resubmit for approval an amended Phasing Plan
to the Planning Department and the County
Director of General Services (or his or her
designee) to confirm compliance with the
dimensional requirements of this Proffer 2.
C. Stockpiling of soil shall be permitted within
each operational phase of the Management
Facility and shall be shown with more detail
as part of the site plan. Further, during the
development of Phases 1, 2 and 3, stockpiling
of soil shall be permitted in the area as
generally shown on Exhibit B as the "Soil
Stockpile Area". The Soil Stockpile Area
shall be subject to the following limitations
during the development of Phases 1, 2 and 3,
only:
i. The area of disturbance for the Soil
Stockpile Area (exclusive of the access
road to the Soil Stockpile Area and any
temporary sediment basins required for
the Soil Stockpile Area) shall not exceed
3.0 acres.
ii. The height of any soil stockpile located
in the Soil Stockpile Area shall not
exceed fifty (50) feet above existing
grade for the Soil Stockpile Area.
iii. The limits of disturbance for the Soil
Stockpile Area shall be located at least
three hundred (300) feet away from "James
River Industrial Park" (defined in
Proffer 13) during development of Phases
1, 2 and 3.
D. The maximum height of each phase (as measured'
from mean sea level, or "AMSL"), shall be as
follows:
i. Phase 1: 140 feet AMSL.
ii. Phase 2: 195 feet AMSL.
iii. Phase 3: 225 feet AMSL.
iv. Phase 4: 275 feet AMSL. (GS)
3. Off-Site FFCPs. FFCPs managed on the Property
shall be limited to FFCPs generated by (i) the
Chesterfield Power Station (the "Station") and (ii)
"Off-Site Stations" (as defined in subsection B
below), but from no other sources. The management
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of FFCPs from Off-Site Stations shall be limited as
follows:
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A. During the operational life of the Management
Facility (up to the time of .closure of the
Management Facility), the total amount of
FFCPs received into the Management Facility
that are generated by Off-Site Stations shall
not exceed 122,500 tons per any consecutive
twelve month period. In the event of an
emergency, additional FFCPs from Off-Site
Stations may be brought to the Management
Facility to the extent such is necessary to
address the emergency situation. Prior to
accepting FFCPs in an emergency, the Owner
shall obtain approval to exceed 122,500 ton
limit from the County Director of General
Services (or his or her designee) to confirm
the fact that an emergency situation exists.
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B. The term "Off-Site Stations" shall include the
Southampton Power Station (located in
Franklin, Virginia), the James River
Cogeneration Station (located in Hopewell,
Virginia), each of which is owned and/or
operated by the Owner, but no other
facilities. The term "Off-Site Stations" may
be expanded to include other power generating
stations that are owned and/or operated by the
Owner, provided that the addition of other
such facilities to the definition of "Off-Site
Stations" shall be first reviewed and
confirmed by the County Director of General
Services (or his or her designee) to ensure
that the amount of FFCPs being received from
such other facilities, together with any other
Off-Site Stations, will not exceed the 122,500
ton limit described in 3.A. above. In seeking
such confirmation, the Owner shall provide to
the County Director of General Services (or
his or her designee) estimates of the amount
of FFCPs that are planned to be transported
from such other facilities that are to be
added to the definition of "Off-Site
Stations". Further, should the Owner
permanently discontinue the transport of FFCPs
from a designated Off-Site Station, the Owner
shall notify the County Director of General
Services (or his or her designee) so that such
facility can be removed from the list of
designated Off-Site Stations.
C. The Owner shall maintain records of the weight
(in tons) of all FFCPs received into the
Management Facility from Off-Site Stations,
and the Owner shall make such records
available for inspection by the County
Director of General Services (or his or her
designee) to insure compliance with this
condition. On or before April 1st of each
calendar year, the Owner shall submit copies
of such records for the prior calendar year to
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the County Director of General Services (or
his or her designee).
D. To assist in mitigating impacts on public
roads caused by the hauling of FFCPs from Off-
Site Stations to the Management Facility, the
Owner shall pay to the County the amount of
ONE dollar and no/100 cents ($1.00) per ton
(subject to adjustment as provided herein) of
FFCPs transported into the Management Facility
from Off-Site Stations by trucks or other over
the road vehicles (the "Off-Site FFCP Cash
Proffer") The Off-Site FFCP Cash Proffer
shall be paid to the County on or before each
June 30th following the April lst report
submitted pursuant to subsection 3.C. above.
The Off-Site FFCP Cash Proffer shall be paid
for the first year of operation of the
Management Facility and, thereafter, shall be
adjusted upward by any increase in the
Marshall and Swift Building Cost Index between
July 1st of the first year of operation of the
Management Facility and July 1 of the fiscal
year in which the payment is made. The
Owner's obligation to pay the Off-Site FFCP
Cash Proffer shall cease when the Owner
permanently discontinues placing FFCPs in the
Management Facility and commences the process
of closure for the Management Facility as
required by the Virginia Department of
Environmental Quality or other state or
federal agency having authority over the
Management Facility at the time of such
closure. (GS)
4. Haul Road. A private road shall be constructed on
the Property for the conveyance of FFCPs to the
Management Facility. The general location of the
"proposed haul road" ("Haul Road") is shown on
Exhibit A.
A. The Owner will convey the FFCPs to the
Management Facility by truck using the Haul
Road or by some other means (e.g., a
mechanical conveyance), or by a combination of
the two. If FFCPs generated by the Station
are transported by truck, such trucks shall
not be permitted to travel on any adjacent
public roads to transport FFCPs to the
Management Facility except where necessary to
cross the public road generally as shown on
Exhibit A. FFCPs received from Off-Site
Stations may be hauled by truck on public
roads but must access the Haul Road by using
existing entrances to the Property or by using
an entrance approved as part of the site plan
approval for the Management Facility or the
Haul Road.
B. The portions of the Haul Road constructed by
the Owner shall be paved with asphalt,
concrete, or other hard-surf ace .material, but
no curb and gutter shall be required.
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C. The exact location of the Haul Road, including
the exact location of the public road
crossing, shall be approved at the time of
site plan review. The public road crossing
shall be constructed pursuant to all permits
issued by the Virginia Department of
Transportation ("VDOT") for such road
crossing.
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(NOTE: The Owner anticipates that the VDOT
required improvements to the public road for
the road crossing may include, but not be
limited to, strengthening the public road
where the Haul Road crosses such public road
so as to avoid damage to such public roads by
heavy trucks and other equipment crossing that
road.)
D. After completion of the public road crossing,
the Owner shall be responsible for any future
repairs to the public road crossing that may
be necessary because of any damage caused by,
or normal wear and tear from, the transport of
FFCPs by truck or other, similar, vehicles
across the road crossing, as determined by the
County Director of General Services (or his or
her designee). (GS)
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5. Public Facility Proffer. To assist in mitigating
impacts of the Management Facility on items
included in the capital improvements program, the
Owner shall pay to the County the amount of ONE
HUNDRED THOUSAND and no/100 dollars $100,000.00 per
year (the "Public Facility Cash Proffer"), as
described herein. The Public Facility Cash Proffer
shall be paid on the anniversary of the date of
approval for the site plan for the first phase of
development for the Management Facility, and each
anniversary thereafter as provided herein. The
Public Facility Cash Proffer shall be adjusted
upward annually by any increase in the Marshall and
Swift Building Cost Index between July lst of the
first year of operation of the Management Facility
and July 1 of the fiscal year in which the payment
is made if paid. The Owner's obligation to pay the
Public Facility Cash Proffer shall cease when the
Owner permanently discontinues placing FFCPS in the
Management Facility and commences the process of
closure for the Management Facility as required by
the Virginia Department of Environmental Quality or
other state or federal agency having authority over
the Management Facility at the time of such
closure. (GS)
6. Spill Response Plan. The Owner shall prepare and
maintain spill response plans to address spills of
substances in accordance with applicable state and
federal regulations. The Owner shall provide the
County Director of General Services (or his or her
designee) with access to copies of those spill
response plans. Access to copies of the spill
response plans shall be provided either by sending
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electronic copies of the plans to the County or by
uploading copies of those plans to an internet-
based library (e.g., an "ftp" site"). Updates and
amendments to any spill response plans either shall
be forwarded to the County Director of General
Services (or his or her designee) or uploaded to
the Internet-based library. (GS)
7. Fugitive Dust Management.
A. At the time of site plan submittal for the
Management Facility, the Owner shall provide
to the County Planning Department and the
County Director of General Services (or his or
her designee) copies of applicable sections of
all permits from state and/or federal
authorities that include requirements for the
management of fugitive dust related to
operation of the Management Facility. If
those permits do not include such requirements
for fugitive dust management, the Owner shall
submit to the County Planning Department and
the County Director of General Services (or
his or her designee) a plan for the control of
fugitive dust related to operation of the
Management Facility (the "Dust Control Plan").
At a minimum (unless as otherwise provided
below), the permit(s) or the Dust Control Plan
shall include the following methods of
fugitive dust management:
i. Periodic watering of unpaved roadways, as
needed, that serve the Management
Facility.
ii. Periodic watering and/or sweeping, as
needed, of paved roadways.
iii. Maintain appropriate speed limits on
paved and unpaved roadways.
iv. Maintain adequate moisture content needed
for compaction of the FFCPs stored in the
Management Facility.
v. Periodic watering of the areas where
FFCPs are prepared for transport to the
Management Facility and periodic watering
of the areas where FFCPs are placed in
the Management Facility, as needed.
vi. Construction methods including tarps,
geotextiles, soil cover, chemical dust
control agents and other, similar,
methods may be used as an alternative to
watering.
vii. The process for cleaning any spills of
FFCPs on the Haul Road and any adjoining
public roads.
viii.Periodic covering of FFCPs placed in the
Management Facility with soil, tarps,
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geotextiles, chemical dust control agents
and other, similar methods.
ix. Methods for the management of fugitive
dust from soil stored in any soil
stockpiles, which methods may include,
but are not limited to, soil
stabilization through hydro-seeding and
other, similar methods.
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8.
B. Regardless of the requirements contained in
any state or federal permits related to dust
management for the Management Facility, no
more than ten (10) acres of the working area
where FFCPs are placed in the Management
Facility shall be open at any one time.
Material placed in the working area will be
"tracked in" daily with a bulldozer or similar
earth moving equipment. Once the material
reaches the appropriate moisture content for
compaction, that material will be compacted
with a mechanical roller.
C. If, at any time during the operational life of
the Management Facility, any state or federal
permits that regulate fugitive dust management
for the Management Facility are amended, the
Owner shall submit those amended permits to
the County Planning Department and the County
Director of General Services (or his or her
designee). If, at any time during the
operational life of the Management Facility,
any state or federal permits that regulate
dust management for the Management Facility
delete all requirements for fugitive dust
management for the Management Facility or
makes such requirements less stringent than
prior requirements, the Owner shall submit for
approval a Dust Control Plan to the County
Director of General Services (or his or her
designee). (GS)
Buffers.
A. A variable width buffer along the northern
boundary of the parcel identified as Tax ID
802-665-4390 shall be maintained as provided
herein (the "Northern Buffer"). The Northern
Buffer and its dimensions shall be as shown on
the attached Exhibit C (the "Buffer Plan").
Except for those areas where the Northern
Buffer is shown on the Buffer Plan as greater
than one hundred fifty (150) feet in width,
the minimum width of the Northern Buffer shall
be one hundred and fifty (150) feet. The
Northern Buffer shall be inclusive of the
existing power. lines, gravel roads, various
easements, and the substation. The existing
vegetation within the Northern Buffer that is
south of the 100 foot wide transmission
corridor in the Northern Buffer (the "Northern
Vegetative Buffer") shall be retained unless
removal is required (i) for maintenance of and
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access to the existing substation within the
Northern Buffer, (ii) to .provide generally
perpendicular crossings of the. Northern
Vegetative Buffer for access to the existing
transmission line right of way within the
Northern Buffer, (iii) to provide for
generally perpendicular crossings of the
Northern Vegetative Buffer to accommodate
utilities, (iv) to allow for archaeological
investigations on the Property, and (v) as may
otherwise be required by subsection B below.
The removal of vegetation within the Northern
Vegetative Buffer to provide access to the
existing transmission line right of way and
substation, to accommodate utilities that
cross the Northern Vegetative Buffer, and to
allow for archaeological investigations on the
Property shall be permitted as shown on the
approved site plan, provided that such removal
involves the least amount of disturbance of
the Northern Vegetative Buffer as reasonably
possible and, in the case of archaeological
investigations, the area of buffer disturbance,
is restored with additional plantings, all as ''
approved as part of the site plan.
B. In areas where the Northern Vegetative Buffer
is fifty (50) feet or less in width, the Owner
shall enhance that buffer area by installing
additional plantings, as provided herein. At
the time of site plan submittal, the Owner
shall submit for approval a landscape plan for
enhancement of this portion of the Northern
Vegetative Buffer. The landscape plan shall
be designed to provide an appropriate
composition of plantings (e.g., evergreen
trees, deciduous trees, and overstory (tall-
growing) and understory (eye-level) plantings)
that will enhance the screening quality of .the
Northern Vegetative Buffer. Further, the
landscape plan shall include a time-table for
installing such plants so that newly installed
plants can grow to adequate maturity prior to
land disturbing activity adjacent to the
Northern Vegetative Buffer. All plantings
required by the approved landscape plan shall
be installed pursuant to the approved
timetable.
(NOTE: The purpose of this condition is to
help establish additional plantings that will
help protect existing vegetation to "wind
throw" when adjacent trees are removed and the
preserved trees are exposed to wind.)
C. A 100 foot wide buffer along the western
boundary of the parcel identified as Tax ID
802-665-4390 (the "Western Buffer") shall be
maintained as shown on the Buffer Plan. The
Western Buffer shall be inclusive of the
existing power lines, gravel roads, various
easements, and the substation. The existing
vegetation within the Western Buffer shall be
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retained unless removal is required (i) for
maintenance of and access to the existing
substation, (ii) to provide generally
perpendicular crossings of the Western Buffer
for access to the existing transmission line
right of way within the Western Buffer, (iii)
to provide for generally perpendicular
crossings of the Western Buffer to accommodate
utilities, and (iv) to allow for
archaeological investigations on the Property.
The removal of vegetation within the Western
Buffer to provide access to the existing
transmission line right of way and substation,
to accommodate utilities that cross the
Western Buffer, and to allow for
archaeological investigations on the Property
shall be permitted as shown on the approved
site plan, provided that such removal involves
the least amount of disturbance of the Western
Buffer as reasonably possible and, in the case
of archaeological investigations, the area of
buffer disturbance is restored with additional
plantings, all as approved as part of the site
plan. (P)
9. Contributions for Construction of Trails. At the
time of site plan approval for the Haul Road or the
Management Facility (whichever first occurs), the
Owner shall pay to the County the amount of
$150,000.00 to be used for the acquisition of
easements for and/or construction of public
pedestrian trails by the County, which trails shall
be part of the County's parks and recreation
infrastructure. (PR)
10. Public Water and Wastewater.
A. The public water and wastewater systems shall
be required only for domestic use, except for
construction offices.
B. No use of public water shall be required for
industrial processes or plant operations. (U)
11. Environmental Engineering.
A. With the exception of timbering which has been
approved by the Virginia State Department of
Forestry for the purpose of removing dead or
diseased trees, there shall be no timbering
until a land disturbance permit has been
obtained from the Environmental Engineering
Department and the approved devices have been
installed. Timbering of the site shall be
phased in accordance with the construction
phasing as set forth in Proffer 2.
B. Super silt fence shall be used at the toe of
the slope during construction and fill along
Proctor's Creek and the James River. (EE)
12. Cultural Resources.
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A. The Owner will give notice to the County
Planning Department upon submission of the
Joint Permit Application (JPA) for the
Management Facility. A Phase 1 Cultural
Resources Identification Survey prepared by a
person or persons who meet(s) the Secretary of
the Interior's Professional Qualification
Standards for Archeology and Historic
Preservation will be performed as part of the
JPA process. Cultural resources identified
during the Phase I study will undergo a Phase
II significance evaluation study in accordance
with the provisions of Section 106 of the
National Historic Preservation Act of 1966, as
amended, and it's implementing regulations 36
CFR Part 800 Protection of Historic
Properties. Copies of the results of the
Phase I and Phase II studies and any
subsequent reports will be submitted to the
Planning Department.
B. A house commonly known as "Spring Hill" is
located on the parcel identified as GPIN 802-
665-4390. Anytime prior to the relocation or
demolition of such house, the County Parks and
Recreation Department (or its designee) and
the County Planning Department shall have the
right to enter the Property to examine and
catalogue such house, subject to the Owner's
reasonable safety procedures for approaching
and/or entering such structure. (P)
13. Committee. Prior to the commencement of
construction for the Management Facility, the Owner
shall form a committee consisting of
representatives from the Owner, at least one
representative of the properties identified as Tax
ID 803-669-1338, 800-668-1000 and 800-668-7710
(collectively, "James River Industrial Park") and
the County Director of General Services (or his or
her designee) (the "Committee"). The Committee
shall meet annually (and more often if approved by,
the Committee) until the Owner discontinues the
placement of FFCPs in the Management Facility. The
purpose of the Committee will be to maintain open
dialogue between the Owner, the County Director of
General Services (or his or her designee), and the
owners in James River Industrial Park regarding
operational issues for the Management Facility.
(GS)
14. Inspections. Subject to the Owner's safety and
security requirements, the County Director of
General Services (or his or her designee) shall be
permitted regular access to the Management Facility
so as to monitor for compliance with these
proffers.
Ayes: Gecker, Holland, Jaeckle, and Durfee.
Nays: None.
Absent: Warren.
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8.D.11. SET DATES FOR PUBLIC HEARINGS
8.D.li.a. TO CONSIDER SITING OF THE PROPOSED DOMINION
VIRGINIA POWER INDUSTRIAL LANDFILL
u
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
set April 14, 2010, for a public hearing for the Board to
consider siting of the proposed Dominion Virginia Power
Industrial Landfill to be located at the Dutch Gap electric
power plant.
Ayes: Gecker, Holland, Jaeckle, and Durfee.
Nays: None.
Absent: Warren.
Mr. Warren returned to the meeting.
lOSN0156
In Bermuda Magisterial District, ROBERT A. MILLS requests
rezoning and amendment of zoning district map from Corporate
Office (O-2) to Community Business (C-3) on 0.6 acre known as
3453 West Hundred Road. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for office/residential
mixed use. Tax ID 793-655-4597.
Mr. Turner presented a summary of Case lOSN0156 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions. He further stated
staff was successful in contacting Mr. Mills, who is ill and
unable to attend the meeting, and he has reviewed the
conditions and they are acceptable.
Mr. Gecker called for public comment.
Mr. George Beadles, a Clover Hill resident, stated approving
this request without the applicant being present is a bad
precedent.
There being no one else to address the request, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved Case lOSN0156 and accepted the following proffered
conditions:
1. In conjunction with recordation of .the initial
subdivision plat, prior to any site plan approval, or
within sixty (60) days from the date of a written
request by the Transportation Department, whichever
occurs first, forty-five (45) feet of right-of-way on
the south side of West Hundred Road (Route 10), measured
from the centerline of that part. of Route 10 immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
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2. No direct vehicular access shall be provided from the
property to Route 10. Direct vehicular access from the
property to Curtis Street shall be limited to one (1)
entrance/exit, generally located at the southern
property line. The exact location of this access shall
be approved by the Transportation Department. (T)
3. If any additional impervious is created above what
currently exists on the property, the drainage from all
impervious area will be directed to Curtis Street. (EE)
4. Uses permitted shall be limited to those uses permitted
by right or with restrictions in the Neighborhood Office
(O-1) District and shall meet development standards for
properties zoned Neighborhood Office (O-1):
a. Contractors' offices and display rooms.
b. Uses permitted by right or with restrictions in the
Neighborhood Office (O-1) District. (P)
5. No outside .storage shall be permitted. (P)
6. Other than normal maintenance and cosmetic enhancements,
there shall be no exterior additions or alterations to
the existing structure, nor any new construction, to
accommodate this use. This does not restrict the
property owners from providing necessary accommodations
for the handicapped such as ramps. (P)
Ayes: Gecker, Holland, Jaeckle and Warren.
Nays: None.
Abstain: Durfee.
10SN0133
In Bermuda Magisterial District, COSTELLA HALL requests
Conditional Use and amendment of zoning district map to
permit motor vehicle repair incidental to a dwelling in a
Residential (R-7) District on 0.5 acre known as 10201 and
10211 Elokomin Avenue. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for regional mixed use.
Tax IDs 795-666-5531 and 5823.
Mr. Robert Clay presented a summary of Case lOSN0133 and
stated staff recommends denial, due to the use not conforming
with the Jefferson Davis Corridor Plan and being incompatible
with. area development. He further stated the Planning
Commission recommended approval due to the amount of time the
business has existed at the location.
Ms. Costella Hall, the applicant, stated her husband started
the business on the property in 1964. She further stated her
sons still operate the business on the property after her
husband passed away. She stated she is providing employment
for her sons. She further stated the conditions are
acceptable. She expressed appreciation to staff for spending
the time to work on this request.
Mr. Gecker called for public comment.
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Ms. Andrea Epps spoke in support of the request. She stated
the request is not for a new business. She further stated the
small businesses need the Board's support in these economic
times.
Mr. George Beadles, a Clover Hill resident, stated since the
original approval for the business expired 10 years ago,
better communication is needed between the departments within
the county.
Ms. Hall stated she feels the land use plan is not being
implemented.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved Case lOSN0133 and accepted the following proffered
conditions:
1. This Conditional Use shall be granted to and for
Costella H. Hall, exclusively, and shall not be
transferable or run with the land. (P)
2. This Conditional Use shall be granted for a period not
to exceed three (3) years from the date of approval.
(P)
3. This Conditional Use shall be limited to the operation
of a motor vehicle repair facility incidental to a
dwelling. Other than the applicant, only two (2)
employees shall be allowed in conjunction with this use.
(P)
4. Hours the use may be open to the public shall be
restricted to between 8:00 a.m. and 5:00 p.m., Monday
through Friday, and between 9:00 a.m. and 12:00 p.m. on
Saturday. The use shall not be open to the public on
Sunday. (P)
5. One (1) sign shall be permitted to identify this use.
Such sign shall not exceed one (1) square foot in area
and shall not be illuminated. (P)
6. There shall be no outside storage of junk vehicles,
automobile parts, or other miscellaneous debris
associated with this use. No more than three (3)
vehicles awaiting repair shall be stored outside
overnight at any one time. (P)
7. This use shall be conducted within an enclosed
structure. (P)
8. Except for alterations to meet Americans with
Disabilities Act (ADA) or other building code
requirements, there shall be no additions or alterations
to the structure to accommodate this use. (P & BI)
9. Used motor oil and/or other automobile fluids shall be
disposed of at a facility authorized by the state to
receive such products. (P)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
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lOSN0164
In Bermuda Magisterial District, KEVIN BOYNTON requests
renewal of manufactured home permit 06SN0242 to permit a
temporary manufactured home in a Residential (R-7) District
on 1.6 acres known as 3032 Freedom Lane. The density of such
amendment is approximately 1.3 units per acre.. The
Comprehensive Plan suggests the property is appropriate for
residential use of 2.51 - 4 units per acre. Tax ID 787-688-
2995.
Ms. Peterson presented summary of case lOSN0164 and stated
staff recommends denial of the request, due to it being
incompatible with area development and there being no
extenuating circumstances identified that would warrant the
continued location of this vacant manufactured home.
Mr. Kevin Boynton, the applicant, stated there are no
extenuating circumstances to prevent the house from being
moved. He further stated he has a purchaser for the
manufactured home who is currently looking for land to place
it on. He requested approval for one year to allow for time
to move the manufactured home.
Mr. Gecker called for public comment.
Mr. George Beadles, a Clover Hill resident, stated a
requirement needs to be placed on the request that no one
other than the applicant can live in the manufactured home
for that year to prevent it from becoming rental property.
Mr. Boynton stated according to the original zoning approval,
no one other than him or his wife was allowed to live in the
house. He further stated he has abided by all of those
conditions.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved Case lOSN0164 subject to the following conditions:
1. The applicant shall be the owner of the manufactured
home. Should the manufactured home be occupied,
occupancy shall be limited to the applicant and his
immediate family. (P)
2. This manufactured home permit shall be granted for a
period not to exceed one (1) year from date of approval.
(P)
3. No additional permanent-type living space may be added
onto a temporary manufactured home. All temporary
manufactured homes shall be skirted but shall not be
placed on a permanent foundation. (P)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO
THE "GOOD CHARACTER" STANDARD FOR CERTAIN BUSINESS
PERMITS
Mr. Micas stated this date and time had been advertised for
the Board to consider amending Section 15-96, 15-121, 15-
122.2, 15-133, 15-162 and 15-246, of the County Code relating
to the "Good Character" standard for certain business
permits.
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Mr. Gecker called for public comment.
Mr. Charles Fultz, a massage therapist, spoke in support of
the amendment.
Mr. Barry Friend, a coordinator of massage therapy programs,
spoke in support of the proposed amendment.
There being no one else to address the request, the public
hearing was closed.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 15-96, 15-121, 15-122.2,
15-133, 15-162 AND 15-246, OF THE COUNTY CODE
RELATING TO THE "GOOD CHARACTER" STANDARD
FOR CERTAIN BUSINESS PERMITS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 15-96, 15-121, 15-122.2, 15-133, 15-162
and 15-246, of the Code of the County of Chesterfield, 1997,
as amended, are amended and re-enacted to read as follows:
Chapter 15 REGULATED OCCUPATIONS AND SERVICES
000
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ARTICLE V. MASSAGE CLINICS
000
Sec. 15-96. Granting of permit.
Within 60 days of the date of the permit application,
the chief of police shall issue the permit if he shall find
all the following:
(a) Any massage clinic to be used or constructed meets
all zoning, building, plumbing, utility, health,
electric and fire prevention codes, as reported by
the applicable departments.
(b) The applicant complies with all requirements of
this article.
(c) The applicant does not pose any threat to the
community's health and safety. Any past felony, or
any misdemeanor convictions of the applicant,
materially affecting the applicant's ability to
conduct the permitted activity including a
conviction pursuant to this article and a crime of
moral turpitude, shall be considered in making this
determination.
(d) The applicant is at least 18 years old and complies
with the requirements of Code of Virginia, §~ 54.1-
3000 and 54.1-3029.
(e) The applicant has not made any false, misleading or
fraudulent statements in the permit application nor
in any other related document required by the
county.
000
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ARTICLE VI. NIGHTCLUBS AND OTHER ADULT ENTERTAINMENT
DIVISION 1. NIGHTCLUBS
Sec. 15-121. Nightclub permit required from chief of police-
-Application; issuance.
(a) Every person desiring a business license to operate a
nightclub, as defined in chapter 6, shall first apply to
the chief of police, or his designee, for a permit to
conduct such activity. Each such application shall be
accompanied by a fee in the amount of $25.00.
(b) Information required on the permit application shall
include, but not be limited to, the following:
(1) The applicant's full name, age, sex, race, weight,
height, hair and eye color, address, telephone
number, date and place of birth and social security
number;
(2) Names and addresses of references;
(3) Whether the applicant has been convicted of any
felony or misdemeanor and, if so, the nature of the
offense, when and where convicted, and the penalty
or punishment assessed;
(4) Photograph and fingerprints of applicant; and
(5) Name and address of the business for which a permit
is sought.
(6) Written authorization to conduct a background
investigation of the applicant, including a',
criminal records check, and to investigate whether
the information provided by the applicant is true.
(7) Written declaration, dated and signed by the
applicant, certifying that the information
contained in the application is true and correct.
(c) For a corporation, partnership or other legal entity,
"applicant" includes each officer, director, partner or
principal of the entity and any managers of the
business.
(d) The applicant shall not be issued a permit if the
county's investigation or the information furnished in
compliance with this article shows that the applicant
has been convicted of a felony or any other crime
materially affecting the applicant's ability to conduct
the permitted activity including a crime involving moral
turpitude, or has been denied a permit or has had a
permit revoked under any statute or ordinance similar in
substance to the provisions of this article. In
addition, each application shall be reviewed by the
county departments charged with enforcing the business
license, zoning, building, plumbing, utility, health,
electric and fire prevention codes, as needed, and no
permit shall be issued if the applicant's business in
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the county does not comply with these and any other
applicable county or state laws or regulations.
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(e) Any changes in the ownership or principals of the
business entity to which the permit is issued or in the
managers of the business itself will automatically make
the permit void. Such changes shall be reported to the
chief of police or his designee, and a new application
may be submitted for review.
(f) Nightclubs shall be subject to the regulations regarding
public dance establishments, set forth in chapter 3.
DIVISION 2. ADULT BUSINESSES
Sec. 15-122.2. Same--Issuance.
(a) The chief of police or his designee shall grant or deny
an application within 30 days of its proper filing,
unless information requested from other law enforcement
agencies is not received within that 30-day period, in
which case the chief of police or his designee shall
have an additional 30 days to act on the application.
Upon the expiration of the applicable time period,
unless the applicant requests and is granted a
reasonable extension of time, the applicant shall be
permitted to begin operating the business for which the
permit is sought, unless and until the chief of police
or his designee notifies the applicant of a denial of
the application and states the reasons for that denial.
(b) If the application is denied, the chief of police or his
designee shall notify the applicant of the denial and
state the reasons for the denial.
(c) The chief of police or his designee shall deny the
application for any of the following reasons:
(1) An applicant is under 18 years of age.
(2) An applicant has failed to provide information
required by this chapter or has falsely answered a
question.
(3) The premises to be used by the adult business have
not been approved as being in compliance with
health, fire and building codes.
(4) The application or permit fees have not been paid.
(5) The business does not have proper zoning.
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(6) The applicant has a permit under this division
which has been suspended or revoked.
(d) The applicant shall not be issued a permit if the
county's investigation or the information furnished in
compliance with this division shows that the applicant
has been convicted of a felony or any other crime
materially affecting the applicant's ability to conduct
the permitted activity including a crime involving moral
turpitude, or has been denied a permit or has had a
permit revoked under any statute or ordinance similar in
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substance to the provisions of this division. In
addition, each application shall be reviewed by the
county departments charged with enforcing the business
license, zoning, building, plumbing, utility, health,
electric and fire prevention codes, as needed, and no
permit shall be issued if the applicant's business in
the county does not comply with these and any other
applicable county or state laws or regulations.
000
ARTICLE VII. PRECIOUS METAL DEALERS
000
Sec. 15-133. Same--Method of obtaining.
(a) The permit required by this article shall be issued by
the chief of police upon payment of a $200.00
application fee and satisfaction of the requirements of
this article. A permit will not be issued if the
applicant has been convicted of a felony or any other'
crime materially affecting the applicant's ability to
conduct the permitted activity including a crime of
moral turpitude, or if the applicant has been denied a
permit or has had a permit revoked under any statute or
ordinance similar in substance to the provisions of this
article. The applicant shall authorize a background
investigation, including a criminal records check.
Information required on the application shall include,
but not be limited to, the applicant's full name,
aliases, address, age, sex, race, social security
number, date of birth and fingerprints; the name,
address and telephone number of the applicant's
employer, if any; and the location of the place of
business of the dealer. The applicant shall date and
sign the application and certify that the information
contained in the application is true and correct. Before
a permit is issued, the dealer must have all weighing
devices used in his business inspected and approved by
local or state weights and measures officials and
present written evidence of such approval to the chief
of police.
(b) No license shall be valid for more than six months from
the date of issuance. Any license may be renewed in the
same manner as the initial license is obtained. The
renewal application fee shall be $200.00.
(c) If the dealer does not operate continuously at the same
location after the date when he obtains the permit, he
shall notify the chief of police when he ceases or
renews business or upon change of his location. Failure
to operate on weekends or holidays shall not be
construed as ceasing or discontinuing operation. The
dealer shall conduct his business only from the fixed
and permanent location specified in the dealer's
application for a permit.
000
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ARTICLE VIII. SOLICITORS
000
C
Sec. 15-162. Issuance of permit; renewal.
(a) No person shall enter into or upon a residential
premises within the county for the purpose of
soliciting, unless he has received a permit from the
chief of police.
(b) Information required on the solicitor permit application
shall include, but not be limited to, the following:
(1) The name, local and permanent addresses, age, date
of birth, social security number, race, weight,
height, hair and eye color and any other
distinguishing characteristics of the applicant,
which shall be verified by an automobile operator's
license or other photo identification issued by a
government agency.
(2) The nature or purpose for which solicitations will
be made and- the nature of the goods, wares,
merchandise or services offered for sale.
(3) The name and permanent street address of the
employer or organization represented.
(4) A photograph of the applicant and fingerprints of
the applicant.
C
(5) A statement of whether the applicant has been
convicted of any felony or misdemeanor and, if so,
the nature of the offense, when and where the
conviction occurred and the penalty or punishment
assessed therefor.
(6) The make, model and license number of any vehicle
to be used.
(7 ) The specific area or areas of the county where the
solicitor will be working.
(8) Written authorization to conduct a background
investigation of the applicant, including a
criminal records check, and to investigate whether
the information provided by the .applicant is true.
(9) Written declaration, dated and signed by the
applicant, certifying that the information
contained in the application is true and correct.
(c) The applicant shall not be issued a permit if a county
investigation or the information furnished in compliance
with this article shows that the applicant has been
convicted of a felony or any other crime materially
affecting the applicant's ability to conduct the
permitted activity including a crime involving moral
turpitude, or had a prior permit revoked under any
statute or ordinance similar in substance to the
provisions of this article. A permit issued under this
article shall be good for 30 days from the date of
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issuance unless earlier revoked. Every solicitor shall
carry his permit with him at all times while engaged in
soliciting, and shall display such permit to any person
who shall demand to see the permit while he is so
engaged.
(d) A solicitor's permit which has expired may be renewed
for an additional 11-month period, upon the execution of
a renewal application setting forth one of the
following: (i) a certification that the statements made
in the original application are still true and accurate
statements at the time the renewal application is filed,
or (ii) all changes in the original application required
by a change in facts since the date of filing the
original application. Applications for renewal must be
made within 15 days after the expiration of the original
permit. Those applications for renewal made after this
period shall be considered applications for a new
permit.
000
ARTICLE XI. FORTUNE-TELLERS
Sec. 15-246. Fortune-tellers.
(a) Every person desiring a business license to operate as a',
fortune-teller (as defined in chapter 6) shall first's,,
apply for and obtain a permit from the chief of police,I
or his designee, to conduct such activity. Nothing'
contained in this section shall apply to a person
pretending to act as a fortune-teller in a properly-
licensed theater as part of any show or exhibition
presented therein or as a part of any play, exhibition,
fair or show presented or offered in aid of any
benevolent, charitable or educational purpose.
(b) The permit application shall include, but not be limited
to, the following:
(1) Name, alias or nicknames, resident and business
address, phone number, place and date of birth,
social security number, race, sex, age, height,
weight, hair color and eye color.
(2) Written authorization to conduct a background
investigation, including a criminal record check.
(3) Written declaration, dated and signed by the
applicant, certifying that the information
contained in the application is true and correct.
(c) The chief of police, or his designee, shall conduct an
independent investigation and determine whether the
statements contained in the application are true. The
applicant shall also present such application to the
commissioner of the revenue.
(d) The applicant shall not be issued a permit if the
county's investigation or the information furnished in
compliance with this article shows that the applicant
has been convicted of a felony or any other crime
materially affecting the applicant's ability to conduct
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the permitted activity including a crime involving moral
turpitude, or has been denied a permit or has had a
permit revoked under any statute or ordinance similar in
substance to the provisions of this article. In
addition, each application shall be reviewed by the
county departments charged with enforcing the business
license, zoning, building, plumbing, utility, health,
electric and fire prevention codes, as needed, and no
permit shall be issued if the applicant's business in
the county does not comply with these and any other
applicable county or state laws or regulations.
(e) The chief of police, or his designee, may revoke or
suspend any permit issued pursuant to this article (i)
for fraud, misrepresentation or any false statements
contained in the application; (ii) upon conviction of
the applicant for any felony or misdemeanor involving
moral turpitude after the permit is issued; (iii) for
failure to comply with the provisions of this article;
or (iv) if the applicant's business fails to comply with
applicable county or state laws or regulations.
(f) If the chief of police, or his designee, revokes a
permit, he shall notify the permittee in writing of such
action, the reasons for the revocation, and the
permittee's right to request a hearing. To receive a
hearing, the permittee must make a written hearing
request which must be received by the chief of police,
or his designee, within ten days of the date of the
revocation notice. If a timely hearing request is not
received by the chief of police, or his designee, the
decision shall be final. If a hearing is properly
requested, it shall be held within ten days from receipt
of the hearing request. The hearing shall be presided
over by the chief of police or his designee. The
permittee shall have the right to present evidence and
argument or to have counsel do so. Within a reasonable
time after the hearing, the chief of police, or his
designee, shall render his decision which shall be
final. The permittee must discontinue operation of its
business when the decision to revoke the permit becomes
final .
(2) That this ordinances shall become effective immediately
upon adoption.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
u
Mr. L.J. McCoy, President of Chesterfield County Branch
NAACP, urged the county to continue its contribution in
improving the lives of all of its citizens, especially its
minority and low income residents by strongly considering a
qualified person of color to assume the Deputy County
Administrator for Community Development position following
Mr. Stith's retirement.
Ms. Mary Fry, a county teacher, addressed the Board regarding
the proposed cuts to the school system.
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Ms. Pat Campbell, a teacher at Perrymont Middle School,
addressed the Board regarding the proposed closing of the
school. She stated the school is for the students who need
additional assistance in the classroom.
In response to Mr. Holland's question, Ms. Campbell stated
there were approximately 92 students at Perrymont Middle
SCY1OO1 .
Ms. Laurie Newill stated she was very disappointed in the
Board's decision to not consider raising the tax rate. She
stated damaging the excellent school system is the worst
economic decision made by the county.
Mr. warren stated there are a number of options available to
the county to supplement the financial position of various
services in the county.
Mr. Holland pledged the county will continue to give every
citizen the quality services they expect.
Mr. Daren Gardner praised the Board for their decision to
keep the real estate tax rate unchanged.
20. ADJOURNMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adjourned at 8:11 p.m. to March 8, 2010, at 6:00 p.m. in the
Public Meeting Room.
J
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J mes J Stegm er
,.County Administrator
Daniel A. Gecker
Chairman
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