2011-08-24 MinutesBOARD OF SUPERVISORS
MINUTES
August 24, 2011
Supervisors in Attendance: Staff in Attendance:
Mr. Arthur S. Warren, Chairman Ms. Emily Ashley,
Ms. Dorothy A. Jaeckle, Vice Chrm. Emergency Management
Mr. James M. Holland Coordinator
Ms. Marleen K. Durfee Dr. Sheryl Bailey, Dep.
Mr. Daniel A. Gecker County Administrator,
Management Services
Mr. James J. L. Stegmaier Ms. Janice Blakley,
County Administrator Clerk to the Board
Ms. Patsy Brown, Dir.,
Accounting
Mr. Kevin Bruny, Chief
Learning Officer
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Mr. Barry Condrey, Chief
Information Officer
Mr. Richard Cordle,
Treasurer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. William W. Davenport,
Commonwealth's Attorney
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Mr. Robert Eanes, Asst. to
the County Administrator
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Lawrence C. Haake, III,
Registrar
Mr. John W. Harmon,
Real Property Manager
Mr. Thomas E. Jacobson,
Dir., Revitalization
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Mr. Mike Mabe, Director,
Libraries
11-475
08/24/11
Ms. Mary Martin Selby,
Dir., Human Resource
Services
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Jeffrey L. Mincks,
County Attorney
Sheriff Dennis Proffitt,
Sheriff's Department
Ms. Chris Ruth, Asst. Dir.,
Public Affairs
Chief Edward L. Senter,
Fire Department
Ms. Marsha Sharpe, Dir.,
Social Services
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Kirk Turner, Dir.,
Planning
Mr. Mike Westfall, Dir.,
Internal Audit
Ms. Judy Worthington,
Circuit Court Clerk
Mr. Scott Zaremba, Dir.,
Human Resource Programs
Mr. Warren called the regularly scheduled meeting to order at
3:03 p.m.
Mr. Stegmaier called for a moment of silence in remembrance
of volunteer firefighter Mr. Chris Davidson, who was fatally
injured in a motorcycle accident on August 13, 2011.
1. APPROVAL OF MINUTES FOR JULY 27, 2011
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the minutes of July 27, 2011, as submitted.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier introduced Mr. Jim Graham, Deputy Chief
and Ms. Emily Ashley, newly appointed Emergency
Management Coordinator of the Department of Fire and
EMS.
Mr. Warren welcomed Ms. Ashley, on behalf of the Board
of Supervisors.
Mr. Graham provided an update on the county's
preparation for Hurricane Irene. Mr. Graham stated all
the county's departments have indicated their level of
preparedness, reviewing their plans and have made sure
11-476
J
J
J
08/24/11
their resources are lined up for the storm that may be
impacting the area on Saturday evening, August 27th, into
Sunday.
• Mr. Stegmaier introduced Ms. Julia Williams, President
of the Chesterfield County Fair Association.
Ms. Williams updated the Board on
fair. She stated the fair will be
through September 3rd. She further
array of entertainment this year,
events. She expressed appreciation
their support.
this year's county
held on August 26th
stated there is an
including nine new
to the county for
Mr. Warren stated the county fair continues to grow each
year.
Ms. Jaeckle commended Ms. Williams on her efforts and
thanked the volunteers as well.
• Mr. Stegmaier announced good news in the area of
economic development - Cuore, a telemarketing firm
company that took over the old JC Penney call center
will be adding 400 jobs; Bryant & Stratton College held
a ribbon cutting on August 18th for their campus
expansion; and Wells Fargo held a ribbon cutting at
their Amberdale Drive location earlier this month.
• Mr. Stegmaier was pleased to report that a reservoir
survey performed in June 2011 showed hydrilla to be
absent in 93 percent of the Swift Creek Reservoir, with
a trace amount detected in other parts of the lake, an
indicator that the sterile grass carp have been
extremely effective in significantly reducing hydrilla.
Mr. warren expressed appreciation for the Utilities
Department's quick and effective response to the
hydrilla issue.
Ms. Durfee stated she is very pleased that the carp
strategy worked.
• Mr. Stegmaier announced that a team from Police, the
Sheriff's Office and the Department of Fire and EMS is
currently planning a "September 11th Memorial Service"
to commemorate the 10th Anniversary of the September 11,
2001, disasters at the World Trade Center, The Nations
Pentagon and Shanksville, Pennsylvania. He stated
Chesterfield County will hold the "September 11th
Memorial Service" at 11:00 a.m. on September 9, 2011.
He further stated the event will take place on the lawn
of the Chesterfield Historic Courthouse Building, and in
the event of bad weather, the event will move to the
Public Meeting Room. He stated The Department of Fire
and EMS is also working diligently to take delivery of a
piece of "Structural Steel" from the World Trade Center,
which will be dedicated during the event if the delivery
is made before September 8, 2011.
• Mr. Stegmaier reported that the Chesterfield County
Department of Parks and Recreation will present a free
concert by the Richmond Symphony on Sunday, September
11-477
08/24/11
11, at 5:00 p.m., at the Henricus Historical Park to
commemorate the 10th anniversary of the 9/11 disaster. He
stated a rain date is scheduled for September 12th, at
6:00 p.m.
• Mr. Stegmaier announced that Chesterfield County will be
hosting a group from the Gravesham Town Twinning
Association for Henricus' 400th anniversary commemoration
which will be held on September 17-18tH
2.B. SPORTS TOURISM PLAN UPDATE
• Mr. Stegmaier introduced Mr. John Lugbill, Executive
Director of Sports Backers.
Mr. Lugbill updated the Board on the implementation of
the Sports Tourism Plan for Chesterfield County and the
surrounding region. He stated under the direction of the
Board of Supervisors, Sports Backers was asked to
evaluate sports tourism and its potential for growth in
Chesterfield. He further stated one key component of the
plan was to create an advisory committee whose members
would represent a wide variety of organizations. He
stated the advisory committee includes a cross-section
of volunteers representing public and private
stakeholder organizations and recognized some of the
advisory committee members in the audience. He reviewed
some of the events held in Chesterfield in FY2010-2011
and presented information regarding a number of new
facilities being developed within the county. He stated
benefits of sports tourism include economic impact,
supporting an active lifestyle, and marketing the
community.
Mr. Warren expressed appreciation to Mr. Lugbill for his
presentation and stated Chesterfield will be known for
sports tourism across the region.
Ms. Jaeckle stated Sports Backers has a unique ability
to create cohesiveness among groups. She further stated
she is thrilled that the Board has expanded the
organization's mission with a goal to create fitness in
the region.
Mr. Lugbill stated community efforts are the main reason
for the sustainable effort.
• Mr. Stegmaier introduced Mr. Mike Golden, Director of
the Parks and Recreation Department.
Mr. Golden provided an update on the county's acceptance
of recently donated land. He stated Ms. Anna Atkins, who
passed away early this year, left through her estate,
110 acres of land to the county that will become a park
site in the future. He also recognized Mr. Doug Sowers
who donated 12 additional acres of land that will give a
better entrance way to the future park. He stated the
family of Ms. Atkins will be recognized on September
23rd, for their generous donation.
11-478
J
J
J
08/24/11
Mr. Holland stated this donation will impact future
generations.
Mr. Warren stated there are a number of potential leads
to gain additional land that can be used for
recreational purposes.
3. BOARD MEMBER REPORTS
Ms. Durfee announced that the Matoaca District will hold
community meetings at Cosby High School at 7:00 p.m. on
August 29th and at the Ettrick-Matoaca Library at 7:00 p.m. on
August 31St.
Mr. Holland reported that he attended the NACo Annual
Conference last month. He shared information in regards to
iCivics, a new online game which helps students gain
understanding of county government. He announced that he
attended the National Night Out on August 2nd. He commended
the Multicultural Advisory Commission on holding a successful
World Cafe Conversation on August 18th. He reported that he
attended the Pony 2011 Bronco 11 World Series and
congratulated Chesterfield on their achievements.
Ms. Jaeckle expressed appreciation to those Bermuda District
residents who voted in yesterday's primary election. She
announced there will be two citizen input meetings regarding
the Draft Comprehensive Plan on September 13th at 1:30 p.m. at
the Bensley Community Center and at 7:00 p.m. in the Thomas
Dale High School Auditorium.
Mr. warren announced that the Clover Hill and Midlothian
Districts will hold a joint citizen input meeting regarding
the Draft Comprehensive Plan at 7:00 p.m. at Monacan High
School. He reported that the Volunteer Sign Removal Program
just completed its 4th year and 40,101 illegal signs have been
removed during that time. He mentioned the program began at a
suggestion by Mr. Dick Page.
Mr. Gecker announced that the Midlothian District will hold a
citizen input meeting regarding the Draft Comprehensive Plan
on September 12th at 7:00 p.m. at Elkhardt Baptist Church.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Ms. Durfee, seconded by Ms.
replaced Item 8.B.3.d., Request for
Festival Permit from the Chesterfield
Commerce for the Celebration of the Vine
added Item 8.B.3.d., Request for Music
Dr. Walter D. Fenton's "Saturday
Appreciation Day" Festival.
Jaeckle, the Board
Music/Entertainment
County Chamber of
Wine Festival; and
Festival Permit for
Smiles Community
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker
Nays: None.
11-479
08/24/11
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING 2011 NACO AND VACO ACHIEVEMENT AWARD
WINNERS
Mr. Lassiter stated Chesterfield County is the recipient of
12 Achievement Awards from the National Association of
Counties (NACo) this year for innovated programs and
services. He extended congratulations to Mr. Don Kappel and
the Public Affairs staff for the two awards they received
from the National Association of County Information Officers.
The following recipients were recognized by Mr. Holland,
accompanied by Ms. Durfee and Mr. Stegmaier and department
representatives were presented with the 2011 NACo Achievement
Awards:
DEPARTMENT
Building Inspections
PROJECT
Neighborhood Enhancement
Program
Center for Organizational
Excellence
Circuit Court Clerk's Office
Economic Development and
Libraries
Environmental Engineering
Fire Department
Libraries
Mental Health Support Services
Risk Management
Transition Acceleration:
Ensuring a Solid Foundation
COCO - Commonwealth Online
Court Orders
"My Business Starts Here"
(Also NACo Award Winner)
Riparian Stewardship Program
The Consolidation of Count
BMP Facilities
CommandSim Training Project
E1 Dia de los Ninos/E1 Dia
los Libros (Children's
Day/Book Day)
Summer Reading Carnival
A New Lease on Life:
Integration of Primary Care
and Behavioral Health Servic
Build-A-House
(Also NACo Award Winner)
Safety Training Program
Mr. Holland, Ms. Durfee and Mr. Stegmaier congratulated and
commended each department on their recognitions.
Each department's spokesperson elaborated on their individual
projects.
Mr. Gage Harter, Communications Director for the Virginia
Association of Counties (NACo) presented 2011 NACo
11-480
J
J
J
08/24/11
Achievement Awards to the recipients for the "My Business
Starts Here" and Build-A-House projects.
5.B. RECOGNIZING MR. CHARLES J. HAESSIG ON HIS 90TH BIRTHDAY
Ms. Chris Ruth introduced Mr. Charles J. Haessig, who was
present to receive the resolution.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. Charles J. Haessig is a Chesterfield County
resident; and
WHEREAS, Mr. Haessig celebrated his 90th birthday on
August 9, 2011; and
WHEREAS, on December 7, 1941, Mr. Haessig was a 20-year-
old First Class Seaman serving with the U.S. Navy at Pearl
Harbor, Hawaii; and
WHEREAS, he was a crewman on the U.S.S. Sacramento,
which was at Pearl Harbor having work done on its engine; and
WHEREAS, shortly before 8 a.m. on that Sunday morning,
Seaman First Class Haessig heard the roar of aircraft engines
and looked up to see an aircraft flying low over the
Sacramento; and
WHEREAS, he suddenly saw a large red circle, the rising
sun, on the aircraft, and shouted an alarm that Japanese
aircraft were attacking; and
WHEREAS, the sound of explosions could then be plainly
heard as many of the ships in the harbor came under attack;
and
WHEREAS, as sailors aboard the ship scrambled to their
battle stations, Seaman Haessig and another crew member ran
to the ship's armory and began dragging ammunition boxes to a
hoist that took the ammunition up to the ship's .50 caliber
machine-gun positions; and
WHEREAS, the crew of the Sacramento was credited with
downing three attacking Japanese aircraft in the attack that
killed approximately 2,400 sailors, Marines and soldiers; and
WHEREAS, in 1942 and 1943, Mr. Haessig served as a cook
aboard several other vessels; and
WHEREAS, on February 18, 1944, Seaman Haessig was
married while on leave in Indianapolis; and
WHEREAS, Seaman Haessig went on to serve in various
capacities until his discharge from the Navy on October 3,
1945; and
WHEREAS, Mr. Haessig is one of seven known survivors of
the 1941 Pearl Harbor attack living in the region, and is the
only known survivor living in Chesterfield County; and
11-481
08/24/11
WHEREAS, Chesterfield County is proud to have this brave
veteran as a resident, and recognizes him for his honorable
military service during World War II.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 24th day of August 2011,
publicly recognizes Mr. Charles J. Haessig on the occasion of
his 90th birthday, thanks him for his courage on behalf of
his U.S.S. Sacramento crew members and the nation, and
extends best wishes on behalf of all Chesterfield County
residents.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Haessig and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolution to Mr. Haessig
and commended him on his bravery.
Mr. Haessig expressed appreciation to the Board for the
recognition.
Ms. Anne Canipe, teacher at Cosby High School, presented Mr.
Haessig with a plaque to honor his life achievements on
behalf of Mr. Michael Kirk, who is currently serving his
country.
Ms. Durfee stated she wished Mr. Kirk was in attendance to
present Mr. Haessig with the plaque. She further stated from
the young to the old, great men serve our country.
6. WORK SESSIONS
There were no Work Sessions at this time.
7. DEFERRED ITEMS
7.A. ADOPTION OF RESOLUTION APPROVING THE ECONOMIC
DEVELOPMENT AUTHORITY'S ISSUANCE OF TAX-EXEMPT MULTI-
FAMILY HOUSING REVENUE BONDS FOR ACQUIRING, RENOVATING,
AND EQUIPPING COLONIAL RIDGE AND BERMUDA RUN APARTMENTS
Mr. Warren stated the Board was ready to take action on the
item.
Ms. Jaeckle thanked Mr. Will Davis for providing answers to
the Board's initial questions.
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
adopted the following resolution approving the Economic
Development Authority's issuance of tax-exempt multi-family
housing revenue bonds in an amount estimated at $25,000,000
for acquiring, renovating, and equipping Colonial Ridge and
Bermuda Run Apartments:
WHEREAS, the Economic Development Authority of the
County of Chesterfield (the "Authority") proposes to issue
J
J
J
11-482
08/24/11
its tax-exempt multi-family housing revenue bonds in an
amount estimated at $25,000,000 (the "Bonds") to finance
costs of acquiring, renovating and equipping (a) a 192-unit
multifamily housing development known as Colonial Ridge
Apartments located at 15101 Lorimer Road in Chesterfield
County, Virginia (the "County") and (b) a 100-unit
multifamily housing development known as Bermuda Run
Apartments located at 2609 Mangowood Drive in the County, and
for the benefit of CR Apartment Associates, L.P., a limited
partnership (the "Borrower"), or an affiliate thereof or a
related person thereto or other similarly named entity formed
by DeSola Development Associates, LLC; and
WHEREAS, on July 21, 2011, the Authority held a public
hearing on the issuance of the Bonds; and
WHEREAS, the Authority has recommended that the Board of
Supervisors of the County (the "Board"), approve the issuance
of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving
the proposed Bonds, a record of the public hearing and a
"fiscal impact statement" with respect to the projects
described above have been filed with the Board.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
CHESTERFIELD COUNTY, VIRGINIA:
1. The Board hereby approves the issuance of the Bonds
and the loan of the proceeds of the Bonds to the Borrower as
proposed by the Authority, to the extent required by
Section 147 (f) of the Internal Revenue Code of 1986, as
amended, and Sections 15.2-4906 of the Virginia Code of 1950,
as amended.
2. Approval of the issuance of the Bonds, as required
by Section 15.2-4906 of the Act and Section 147 (f) of the
Internal Revenue Code, does not constitute an endorsement of
the Bonds or the creditworthiness of the Borrower. Pursuant
to the Act, the Bonds shall provide that neither the County,
nor the Authority shall be obligated to pay the principal and
the premium, if any, of the Bonds or the interest thereon or
other costs incident thereto except from the revenues and
moneys pledged therefore, and that neither the faith or
credit nor the taxing power of the Commonwealth of Virginia,
the County, or the Authority shall be pledged thereto.
3. This resolution shall take effect immediately upon
its adoption.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment to the Community
Criminal Justice Board and the Youth Services Citizen Board.
Ayes: Warren,. Jaeckle, Holland, Durfee and Gecker.
Nays: None.
11-483
08/24/11
8.A.1. COMMUNITY CRIMINAL JUSTICE BOARD
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
simultaneously nominated/appointed Ms. Karen Diane Thomas as
a member of the Community Criminal Justice Board, whose term
is effective on July 1, 2011, and expires June 30, 2013.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.A.2. YOUTH SERVICES CITIZEN BOARD
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed/reappointed Ms. Rhea
George and Ms. Scott Simmons as members of the Youth Services
Citizen Board, whose terms are effective July 1, 2011, and
will expire on June 30, 2014.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8.B.l.a. RECOGNIZING SEPTEMBER 5-9, 2011, AS "NATIONAL
PAYROLL WEEK" IN CHESTERFIELD COUNTY
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the American Payroll Association and its 23,000
members have launched a nationwide public awareness campaign
that pays tribute to the more than 156 million people who
work in the United States and the payroll professionals who
support the American system by paying wages, reporting worker
earnings and withholding federal employment taxes; and
WHEREAS, payroll professionals in Chesterfield, Virginia
play a key role in maintaining the economic health of
Chesterfield County, carrying out such diverse tasks as
paying into the unemployment insurance system, providing
information for child support enforcement, and carrying out
tax withholding, reporting and depositing; and
WHEREAS, payroll departments collectively spend more
than $15 billion annually complying with myriad federal and
state wage and tax laws; and
WHEREAS, payroll professionals play an increasingly
important role ensuring the economic security of American
families by helping to identify noncustodial parents and
making sure they comply with their child support mandates;
and
WHEREAS, payroll professionals have become increasingly
proactive in educating both the business community and the
public at large about the payroll tax withholding systems;
and
J
J
11-484
08/24/11
WHEREAS, payroll professionals meet regularly with
federal and state tax officials to discuss both improving
compliance with government procedures and how compliance can
be achieved at less cost to both government and businesses.
NOW, THEREFORE, BE IT RESOLVED that the week in which
Labor Day falls has been proclaimed "National Payroll Week,"
the Chesterfield County Board of Supervisors hereby gives
additional support to the efforts of the people who work in
Chesterfield, Virginia and of the payroll profession by
proclaiming September 5-9, 2011, as "National Payroll Week"
in Chesterfield, Virginia.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.B.1.b.1. LIEUTENANT ROBERT F. EASTER, FIRE AND EMERGENCY
MEDICAL SERVICES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Lieutenant Robert F. Easter retired from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on July 1, 2011; and
WHEREAS, Lieutenant Easter attended Recruit School #13
in 1982 and has faithfully served the county for 28 years,
starting as a firefighter at the Wagstaff, Midlothian, and
Manchester Fire and EMS Stations; and
WHEREAS, after being promoted to the rank of sergeant in
May 1987, he served at the Manchester and Buford Fire and EMS
Stations; and as a lieutenant in 1992, served at the Buford,
Matoaca, Engine 24 at Manchester Volunteer Rescue, Dale,
Midlothian, and Ettrick Fire and EMS Stations; and
WHEREAS, Lieutenant Easter was an advanced life support
provider certified as a cardiac technician and paramedic; and
WHEREAS, Lieutenant Easter was recognized with an EMS
Lifesave Award for his action in March 1987, when a citizen's
life was saved after suffering cardiac arrest; and
WHEREAS, Lieutenant Easter was recognized with an EMS
Unit Citation for his action in December 2009, when a
citizen's life was saved after receiving a gun shot wound;
and
WHEREAS, Lieutenant Easter
effective team member at emergency
the team deployed to Florida in 1998
a vital part of the team deployed
assist in disaster recovery after
Rita; and
was recognized as an
scenes, a vital part of
to battle wildfires, and
to Louisiana in 2005 to
Hurricanes Katrina and
WHEREAS, Lieutenant Easter participated in the ground-
ladder rescue of two citizens trapped by fire in an apartment
complex on Ayshire Court in extreme winter weather
conditions; and
11-485
08/24/11
WHEREAS, Lieutenant Easter served on various committees,
projects, and workgroups, including the Mine Safety Appliance
(MSA) Self-Contained Breathing Apparatus (SCBA) Workgroup,
assisted Maintenance and Logistics with apparatus inspections
at Pierce Manufacturing in Wisconsin, was a member of the
design group for the Truck 9 aerial platform, and assisted
with the review of maintenance procedures after the failure
of the aerial ladder on Unit 147, making recommendations for
improvements.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Lieutenant Robert F. Easter, expresses the appreciation of
all residents for his service to the county, and extends
their appreciation for his dedicated service and their
congratulations upon his retirement.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.1.b.2. SERGEANT W. JEROME PANNELL, POLICE DEPARTMENT
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Sergeant W. Jerome Pannell will retire from the
Chesterfield County Police Department on September 1, 2011,
after providing over 27 years of quality service to the
citizens of Chesterfield County; and
WHEREAS, Sergeant Pannell has faithfully served the
county in the capacities of police officer, investigator,
detective and sergeant; and
WHEREAS, during his tenure, Sergeant Pannell has served
as an ID Tech, Field Training Officer, Investigations Bureau
Administrative Sergeant, Uniform Operations Bureau
Administrative Sergeant, and CAP (Community Action Policing)
Sergeant; and
WHEREAS, Sergeant Pannell was selected as the 1987
Police Officer of the Year; and
WHEREAS, Sergeant Pannell was the recipient of a
National Service Award for his two week deployment to
Mississippi following the devastation of Hurricane Katrina,
where he worked 12-hour shifts under extreme conditions, to
provide assistance to those who were in dire need; and
WHEREAS, due to his skills and knowledge, Sergeant
Pannell was selected to lead and manage the newly created
Street Drug Enforcement Unit that originated to carry out the
battle against the street level drug dealers and to curb the
illegal possession and use of alcohol among juveniles within
the county; and
WHEREAS, Sergeant Pannell has served on numerous teams
and committees, including the Weapons Process Action Team,
Police Quality Council, the Critical Incident Stress
Management Implementation Team and the Awards Committee; and
11-486
08/24/11
J
J
J
WHEREAS, Sergeant Pannell is recognized for his
professional attitude and his excellent communications and
human relations skills, which he has utilized within the
Police Department and in assisting citizens of Chesterfield
County; and
WHEREAS, Sergeant Pannell has received numerous letters
of commendation, thanks and appreciation during his career
from the citizens of Chesterfield County for service
rendered; and
WHEREAS, Sergeant Pannell has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service and consistently served as an outstanding
role model during his career; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Sergeant Pannell's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Sergeant W. Jerome
Pannell, and extends on behalf of its members. and the
citizens of Chesterfield County, appreciation for his service
to the County, congratulations upon his retirement, and best
wishes for a long and happy retirement.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.1.b.3. MR. HARRY C. SEEBERGER, UTILITIES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Mr. Harry C. Seeberger has served the County of
Chesterfield as a faithful employee of the Utilities
Department since his original hiring on May 20, 1985; and
WHEREAS, the expertise developed by Mr. Seeberger during
his tenure as a Senior Utility Worker has enabled him to make
significant contributions to the operations of the wastewater
collection's section; and
WHEREAS, Mr. Seeberger was instrumental in assuring the
county's wastewater pumping stations operated safely and
efficiently; and
WHEREAS, Mr. Seeberger is to be commended for his job
performance, which included on-call shifts and work during
adverse weather conditions; and
WHEREAS, Mr. Seeberger has willingly shared his
knowledge and expertise with his colleagues to aid them in
their growth and development; and
WHEREAS, Mr. Seeberger has always provided the citizens
of Chesterfield County with the highest level of customer
service; and
WHEREAS, Mr. Seeberger's positive attitude and
dedication is a great reflection on Chesterfield County's
workforce.
11-487
08/24/11
NOW, THEREFORE, BE IT RESOLVED t:
County Board of Supervisors recognizes M
for his outstanding contribution, expre:
of all residents for his service to the
appreciation for his dedicated service,
his retirement, and best wishes for
retirement.
at the Chesterfield
. Harry C. Seeberger
ses the appreciation
county, and extends
congratulations upon
a long and happy
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.l.c. RECOGNIZING GIRL SCOUTS UPON ATTAINING THE GOLD
AWARD
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.7 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning three interest project patches,
earning the Girl Scout Gold Leadership Award, the Girl Scout
Gold Career Award, and the Girl Scout Gold 4Bs Challenge
Award, and designing and implementing a Girl Scout Gold Award
project, the Gold Award is the highest achievement award in
Girl Scouting and symbolizes outstanding accomplishments in
the areas of leadership, community service, career planning,
and personal development; and
WHEREAS, the Girl Scout Award can only be earned by
girls aged 14-18 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Ms. Rachael M. Harvey and Ms. Jasmine M. Heath,
both of Troop 3102, have accomplished these high standards
and have been honored with the Girl Scouts of America Gold
Award by the Girl Scout Commonwealth Council of Virginia,
Incorporated; and
WHEREAS, growing through their experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding themselves on the great accomplishments of their
country, Rachael and Jasmine are indeed members of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Ms. Rachael M. Harvey
and Ms. Jasmine M. Heath, extends congratulations on their
attainment of the Gold Award, and acknowledges the good
fortune of the county to have such outstanding young women as
its citizens.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
11-488
J
J
J
08/24/11
8.B.2. SET DATES FOR PUBLIC HEARINGS
8.B.2.a. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE
RELATING TO ELECTRONIC MESSAGE CENTERS AND RECEIVE
PUBLIC COMMENT ON THE ELECTRONIC MESSAGE CENTER
SIGN POLICY
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
set September 21, 2011, as the date for a public hearing to
consider an amendment to Sections 19-5 and 19-633 of the
County Code relating to electronic message centers and
receive public comment on the electronic message center sign
policy as recommended for revision by the Planning
Commission.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.2.b. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE
RELATING TO LANDSCAPE MAINTENANCE BONDING
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
set September 21, 2011, as the date for a public hearing to
consider an amendment to the County Code relating to
landscape maintenance bonding.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.2.c. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE
RELATING TO THE ENCROACHMENT OF STORM WATER
MANAGEMENT AND BEST MANAGEMENT PRACTICE FACILITIES
INTO BUFFERS
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
set September 21, 2011, as the date for a public hearing to
consider an amendment to the County Code relating to the
encroachment of storm water management and best management
practice facilities into buffers.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.3. REQUESTS FOR MUSIC/ENTERTAINMENT FESTIVAL PERMITS
8.B.3.a. FROM THE CHESTERFIELD COUNTY.FAIR ASSOCIATION FOR
THE ANNUAL COUNTY FAIR
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
granted a music/entertainment festival permit to the
Chesterfield County Fair Association for the annual
Chesterfield County Fair from August 26 through September 3,
2011, subject to compliance with staff recommendations.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
11-489
08/24/11
8.B.3.b. FROM THE CHESTERFIELD COUNTY CHAMBER OF COMMERCE
FOR THE CELEBRATION OF THE VINE WINE FESTIVAL
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
granted a music/entertainment festival permit to the
Chesterfield County Chamber of Commerce for the Celebration
of the Vine Wine Festival to be held April 21, 2012, from
11:00 a.m. to 6:00 p.m., subject to the conditions filed with
the papers of this Board.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.3.c. FROM THE CHESTERFIELD BERRY FARM FOR ITS MUSIC
FESTIVAL SERIES
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
granted a music/festival permit for the Chesterfield Berry
Farm for its Music Festival Series to Saturdays and Sundays
from September 17, 2011, through October 31, 2011.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.3.d. FROM THE DR. WALTER D. FENTON'S "SATURDAY SMILES
COMMUNITY APPRECIATION DAY" FESTIVAL
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
granted a music/festival permit for Dr. Walter D. Fenton's
"Saturday Smiles Community Appreciation Day" Festival to be
held Saturday, September 17, 2011.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.4. APPROVAL OF THE CHESTERFIELD COUNTY POLICE DEPARTMENT
TOWING CONTRACT FEE ADDENDUM
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
approved the Chesterfield County Police Department Towing
Contract Fee Addendum as approved by the Chesterfield County
Police Department Towing Advisory Board.
Ayes: warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.5. AUTHORIZE THE COUNTY ADMINISTRATOR TO ENTER INTO
JOINT AID AGREEMENTS WITH OTHER LOCALITIES
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
authorized the County Administrator, in accordance with
Virginia Code Section 15.2-1300.1, to provide aid to other
localities or receive aid from other localities in situations
where Chesterfield County or any other locality has not
formally declared a local emergency under Virginia law. This
authority includes approval by the County Administrator of
joint aid agreements with other localities, subject to
availability of resources.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
11-490
J
J
J
08/24/11
8.B.6. AUTHORIZE THE RECEIPT AND APPROPRIATION OF FUNDS FROM
THE RESCUE SQUAD ASSISTANCE GRANT PROGRAM AND THE
TRANSFER OF MATCHING EMERGENCY MEDICAL SERVICES
REVENUE RECOVERY FUNDS TO REPLACE FIVE DEFIBRILLATORS
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
authorized the Fire and EMS Department to receive and
appropriate $77,912.50, awarded to the department through the
Rescue Squad Assistance Fund Grant Program, to replace five
defibrillators and authorized matching funds through the
transfer of $77,912.50 from EMS Revenue Recovery funds.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.7. TRANSFER OF DALE DISTRICT IMPROVEMENT FUNDS TO THE
PARKS AND RECREATION DEPARTMENT FOR IMPROVEMENTS TO
THE EXISTING GAME FOOTBALL FIELD AT MEADOWBROOK HIGH
SCHOOL
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
transferred $2,500 from the Dale District Improvement Fund to
the Parks and Recreation Department to make improvements to
the existing football field at Meadowbrook High School.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.8. ACCEPTANCE OF PARCELS OF LAND
8.B.8.a. ALONG THE EAST LINE OF IRONBRIDGE ROAD FROM WAWA-
#673 IRONBRIDGE CHESTER, LLC
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.0018
acres along the east line of Ironbridge Road from Wawa-#673
Ironbridge Chester, 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: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.8.b. ALONG CLOVERLEAF DRIVE FROM CASWELL ASSOCIATES
LIMITED PARTNERSHIP
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.007
acres along Cloverleaf Drive from Caswell Associates Limited
Partnership, 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: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
11-491
08/24/11
8.B.8.c. FOR THE EXTENSION OF TREDEGAR LAKE PARKWAY FROM
WATERFORD BUSINESS CENTER, LC
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 1.756
acres for the extension of Tredegar Lake Parkway from
Waterford Business Center, LC, 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: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.9. APPROVAL OF REQUEST FOR RIGHT OF ENTRY FOR THE
COALFIELD ROAD SIDEWALK FROM SYCAMORE VILLAGE DRIVE
TO MIDLOTHIAN VILLAGE SHOPPING CENTER PROJECT
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
approved a request from the Virginia Department of
Transportation for right of entry for the construction of the
Coalfield Road Sidewalk from Sycamore Village Drive to
Midlothian Village Shopping Center Project. (It is noted a
copy of the vicinity sketch is filed with the papers of this
Board . )
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8 . B . 10 . REQUEST FOR PERMISSION FROM JOHN H. ELMS AND MARY R.
ELMS FOR A PROPOSED FENCE AND LEAN-TO TO ENCROACH
WITHIN A PORTION OF A SIXTEEN-FOOT EASEMENT ACROSS
LOT 20, RESUBDIVISION OF LOTS 7 AND 8, BLOCK E,
BRENTWOOD
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
granted John H. Elms and Mary R. Elms permission for a
proposed fence and lean-to to encroach within a portion of a
16' easement across Lot 20, Resubdivision of Lots 7 and 8,
Block E, Brentwood, 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: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.11. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY TO PROVIDE SERVICE TO MILLWORKS AT THE
GREEN OFFICE PARK
On motion of Ms. Jaeckle, seconded by Ms. Durfee, 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 20' underground easement
across county properties at 521 Coalfield Road and 531
Coalfield Road to provide service to Millworks at the Green
Office Park. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
11-492
J
J
J
08/24/11
8.B.12. REQUEST FOR EXCEPTION TO COUNTY STREETLIGHT POLICY
FOR THE GENITO ROAD/OLD HUNDRED ROAD/CHARTER
COLONY PARKWAY SIDEWALK AND STREETLIGHT PROJECT
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
authorized an exception to the county streetlight policy
for the use of non-conforming streetlights for the Genito
Road/Old Hundred Road/Charter Colony Parkway Sidewalk and
Streetlight Project.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.13. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A
HEALTH CARE CONTRACT WITH ANTHEM BLUE CROSS AND
BLUE SHIELD AND RENEW A DENTAL CARE CONTRACT WITH
DELTA DENTAL PLAN OF VIRGINIA FOR 2012
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
authorized the County Administrator to execute a contract
with Anthem Blue Cross and Blue Shield (Anthem) and renew the
county's contract with Delta Dental Plan of Virginia (Delta)
for 2012 at the rates filed with the papers of this Board.
Ayes: Warren, Jaeckle", Holland, Durfee and Gecker.
Nays: None.
8.B.14.a. AWARD OF CONSTRUCTION CONTRACT FOR HUGUENOT PARK
SPORTS FIELDS ENLARGEMENT AND ADDITIONAL PARKING
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
authorized the County Administrator to award and execute a
construction contract with G.V. Layne Contracting
Incorporated for Huguenot Park Sports Fields enlargement and
additional parking in the amount of $97,000.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.14.b. AWARD OF CONSTRUCTION CONTRACT FOR THE MARY B.
STRATTON PARK SPORTS FIELDS AND APPROVAL OF
TRANSFER AND APPROPRIATION OF FUNDS FROM THE PARKS
CAPITAL IMPROVEMENT PROGRAM
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
authorized the County Administrator to award and execute a
construction contract with F.G. Pruitt, Inc. for Mary B.
Stratton Park Sports Fields in the amount of $3,342,419 and
appropriated and transferred needed funding from the Parks
CIP and the reserve for future capital projects to the
Stratton Park account.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
11-493
08/24/11
8.B.16. STATE ROAD ACCEPTANCE
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Arbor Meadows Section 2
Type Change to the Secondary System of State Highways:
~~~itinn
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: X33.1-229
Street Name and/or Route Number
• Oak Arbor Drive, State Route Number 7578
From: Oak Arbor Trail, (Route 7581)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb. 170, Pg. 13
Right of Way width (feet) = 50
• Oak Arbor Terrace, State Route Number 7581
From: Oak Arbor Drive, (Route 7578)
To: Cul-de-sac, a distance of: 0.08 miles.
Recordation Reference: Pb. 170, Pg. 13
Right of Way width (feet) = 40
• Arbor Ridge Terrace, State Route Number 7580
From: Arbor Ridge Drive, (Route 7577)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb. 170, Pg. 13
Right of Way width (feet) = 40
• Oak Arbor Drive, State Route Number 7578
From: Arbor Ridge Drive, (Route 7577)
To: Oak Arbor Trail, (Route 7581), a distance of: 0.05 miles.
Recordation Reference: Pb. 170, Pg. 13
Right of Way width (feet) = 50
J
J
J
11-494
08/24/11
• Arbor Ridge Drive, State Route Number 7577
From: Oak Arbor Drive, (Route 7578)
To: Arbor Ridge Trail, (Route 7580, a distance of: 0.04
miles.
Recordation Reference: Pb. 170, Pg. 13
Right of Way width (feet) = 40
• Arbor Ridge Drive, State Route Number 7577
From: Arbor Ridge Trail, (Route 7580)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb. 170, Pg. 13
Right of Way width (feet) = 40
• Oak Arbor Court, State Route Number 7579
From: Arbor Ridge Drive, (Route 7577)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb. 170, Pg. 13
Right of Way width (feet) = 40
• Arbor Ridge Drive, State Route Number 7577
From: Arbor Meadows Drive, (Route 7033)
To: Oak Arbor Drive, (Route 7578), a distance of: 0.09 miles.
Recordation Reference: Pb. 170, Pg. 13
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: The Sanctuary at Watermill Section B
Type Change to the Secondary System of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Pinery Way, State Route Number 7392
From: 0.03 miles north east of Pencader Road, (Route 7391)
To: Wing Haven Place, (Route 7380), a distance of: 0.02
miles.
Recordation Reference: Pb. 189, Pg. 44
Right of Way width (feet) = 40
11-495
08/24/11
• Safewings Place, State Route Number 7571
From: Thorncrag Lane, (Route 7570)
To: Cul-de-sac, a distance of: 0.19 miles.
Recordation Reference: Pb. 189, Pg. 44
Right of Way width (feet) = 40
• Wing Haven Place, State Route Number 7380
From: 0.04 miles west of Seabird Drive, (Route 7378)
To: Pinery Way, (Route 7392), a distance of: 0.08 miles.
Recordation Reference: Pb. 189, Pg. 44
Right of Way width (feet) = 50
• Thorncrag Lane, State Route Number 7570
From: Safewings Place, (Route 7571)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Pb. 189, Pg. 44
Right of Way width (feet) = 40
• Thorncrag Lane, State Route Number 7570
From: Pinery Way, (Route 7392)
To: Cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Pb. 189, Pg. 44
Right of Way width (feet) = 40
• .Thorncrag Lane, State Route Number 7570
From: Pinery Way, (Route 7392)
To: Safewings Place, (Route 7571), a distance of: 0.04 miles.
Recordation Reference: Pb. 189, Pg. 44
Right of Way width (feet) = 40
• Pinery Way, State Route Number 7392
From: Wing Haven Place, (Route 7380)
To: Thorncrag Lane, (Route 7570), a distance of: 0.06 miles.
Recordation Reference: Pb. 189, Pg. 44
Right of Way width (feet) = 40
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
8.B.17. AUTHORIZATION OF CONSTRUCTION CHANGE ORDERS FOR THE
ROUTE 10 (I-95 TO WARE BOTTOM SPRING ROAD) WIDENING
PROJECT
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
authorized the County Administrator to execute change orders,
up to $5,936,976 (the remaining project balance), for the
Route 10(I-95 to Ware Bottom Spring Road) Widening Project.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
The following item was removed from the Consent Agenda for
Board discussion:
8.B.15. APPROVAL OF ADDITIONAL APPROPRIATION AND TRANSFER OF
FUNDS FOR THE TWO/THREE-STORY CURTAIN WALL AND HVAC
REPLACEMENT PROJECT AND AUTHORIZATION FOR COUNTY
ADMINISTRATOR TO APPROVE ADDITIONAL CHANGE ORDERS
FOR THE PROJECT
Mr. Gecker stated he is supportive of the item. He then
requested information regarding the overall plan for the
interior space of the two/three-story building. He stated a
11-496
J
J
J
08/24/11
more cohesive concept of what the interior space will look
like needs to be developed that may not be accounted for in
the current budget.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
approved an additional appropriation and transfer of funds in
order to fund the Two/Three-Story Administration Building
Curtain Wall and HVAC Replacement Project, in the amount of
$660,000, for work related to interior repairs and authorized
the County Administrator to execute change orders, up to a
maximum of $150,000, to the existing contract with United
General Contractors/United Refrigeration for a portion of the
additional scope. of work as described below.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
9. REPORTS
9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
9.B. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Ms. Durfee, seconded by Ms. Jaeckle, 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.
And, further, the following roads were accepted into the
State Secondary System:
A1~1~ T T T CAN
Old Creek West Section 11
(Effective 7/18/2011)
LENGTH
Farmhill Lane (Route 5093) - From 0.05 miles
south of Dortonway Drive (Route 2767) to
Cul-de-sac 0.04 miles
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1),
CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE
PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
went into closed session pursuant to Section 2.2-3711(A)(1),
Code of Virginia, 1950, as amended, relating to the
performance of a specific county employee.
Ayes: Warren, Jaeckle, Holland, Durfee, and Gecker.
Nays: None.
11-497
08/24/11
Reconvening:
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day
adjourned into Closed Session in accordance with a formal
vote of the Board and in accordance with the provisions of
the Virginia Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Session to which
this certification applies, and ii) only such business
matters were identified in the Motion by which the Closed
Session was convened were heard, discusses, or considered by
the Board. No member dissents from this certification.
The Board being polled, the vote was as follows:
Mr. Gecker: Aye.
Mr. Holland: Aye.
Ms. Durfee: Aye.
Ms. Jaeckle: Aye.
Mr. Warren: Aye.
12. DINNER
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
recessed to Room 303 for dinner.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
Reconvening:
13. INVOCATION
Pastor Derrick Parson, Asbury United Methodist Church, gave
the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Parker Lewis Mann led the Pledge of Allegiance.
J
J
J
11-498
08/24/11
15. RESOLUTIONS
15.A. RECOGNIZING MR. ERNIE LANDRUM FOR HIS OUTSTANDING
VOLUNTEER SERVICE
Mr. Golden introduced Mr. Ernie Landrum who was present to
receive the resolution.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, participation in youth athletics has long been
an integral part of the physical and emotional development of
the youths of Chesterfield County; and
WHEREAS, Mr. Ernie Landrum has for over thirty years
served as a coach for the Chesterfield Quarterback League;
and
WHEREAS, Mr. Landrum has volunteered and coached for
over seven different athletic associations; and
WHEREAS, Mr. Landrum has been an assistant coach, senior
coach, football coordinator and teacher to thousands of
players; and
WHEREAS, Mr. Landrum is known for his hard work and his
commitment to youth athletics and his demonstration of
steadfast commitment to good sportsmanship; and
WHEREAS, Mr. Landrum has shown exemplary leadership and
empowers and instills passion in youth participants and the
recreation community.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 24th day of August 2011,
publicly recognizes Mr. Ernie Landrum, on behalf of the
citizens of Chesterfield. County, for his dedicated and
unselfish commitment to the youths of Chesterfield County.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Landrum and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolution to Mr. Landrum
and commended him on his volunteer service and years of
dedication.
Mr. Landrum stated it has been an honor and a privilege to
work as a coach and mentor to children over the years.
Ms. Durfee expressed appreciation to Mr. Landrum for his
dedication and commitment to the youths of Chesterfield
County.
11-499
08/24/11
15.B. RECOGNIZING MR. JAMES BRIGGS FOR HIS SERVICE AS A
MEMBER OF THE ECONOMIC DEVELOPMENT AUTHORITY OF
CHESTERFIELD COUNTY
Mr. Davis introduced Mr. James Briggs who was present to
receive the resolution.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Mr. James E. Briggs has served with distinction
as a member of the Economic Development Authority from July
1, 1999, through June 30, 2011, to include the position of
Chairman from July 2010 to June 2011; and
WHEREAS, Mr. Briggs played an integral role in defining
the county's vision for Meadowville Technology Park; and
WHEREAS, Mr. Briggs was instrumental in the acquisition
of land and development of infrastructure projects and master
planning for Meadowville Technology Park to facilitate the
location of the park's first tenant in 2007, Northrop Grumman
IT; and
WHEREAS, Mr. .Briggs has assisted in the acquisition of
property and formulation of a redevelopment plan for
Cloverleaf Mall; and
WHEREAS, Mr. Briggs has provided guidance. and leadership
on numerous economic and community development projects for
the betterment of Chesterfield County and its residents; and
WHEREAS, Mr. Briggs has faithfully and diligently
performed the duties assigned to him as a member of the
Economic Development Authority, consistently demonstrating
leadership, understanding, and commitment to the issues
coming before the authority during his tenure.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 24th day of August 2011,
publicly recognizes Mr. James E. Briggs, and expresses
appreciation for his valuable time and commitment to
Chesterfield County while serving on the Economic Development
Authority of the County of Chesterfield, Virginia.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Briggs and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolution to Mr. Briggs
and expressed appreciation for his time and commitment to
Chesterfield County.
Mr. Briggs thanked the Board of Supervisors for the
opportunity to serve on the Economic Development Authority.
11-500
J
J
J
08/24/11
15.C. RECOGNIZING "GREAT DENIM DAYS DONATION WEEK" IN
CHESTERFIELD COUNTY
Ms. Chris Ruth introduced representatives Ms. Dana Matheny
MBA and Mr. Chris Mathney from Shop Chesterfield First, Ms.
Ashley York and Ms. Denise Hatton from Chesterfield Towne
Center and Mr. Bob Hicks from Goodwill Industries who were
all present to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Durfee, the .Board
adopted the following resolution:
WHEREAS, Chesterfield County, Virginia, is well-known
for its highly regarded public school system; and
WHEREAS, Chesterfield County also has a strong and
vibrant business community; and
WHEREAS, Shopchesterfieldfirst.com endeavors to maintain
Chesterfield County's economic vitality by educating the
residents of Chesterfield County about the importance of
supporting our local business establishments; and
WHEREAS, sales-tax revenues from purchases in the county
help to fund schools, police, fire and emergency medical
services and more; and
WHEREAS, Shopchesterfieldfirst.com works as an
intermediary between the schools and the businesses in the
county, helping to generate business for retailers and
assisting members of the community with programs that benefit
schools' parent/teacher associations; and
WHEREAS, one such annual program is "Great Denim Days
Donation Week"; and
WHEREAS, Shopchesterfieldfirst.com conducts this event
the last Sunday of August through the first Saturday of
September; and
WHEREAS, through partnerships with the Chesterfield
Towne Center, Goodwill Industries and other sponsors,
shopchesterfieldfirst.com has denim-collection sites at each
school and at the Chesterfield Towne Center and Chesterfield
County government complex; and
WHEREAS, cash donations are awarded to the schools, with
larger awards for the schools that collect the most denim;
and
WHEREAS, this denim-collection effort is a "Win-Win" for
the business community and the schools, as well as for
Goodwill Industries.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 24th day of August 2011,
hereby recognizes the last Sunday of August through the first
Saturday in September each year as "Great Denim Days Donation
Week" in Chesterfield County.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to shopchesterfieldfirst.com and that
11-501
08/24/11
this resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
Mr. Warren presented the executed resolution to the
representatives and expressed appreciation for their efforts
to help local business establishments.
Each representative expressed appreciation to the Board for
their support and the special recognition.
15.D. RECOGNIZING BON SECOURS ST. FRANCIS MEDICAL CENTER ON
ITS NOTEWORTHY NATIONAL ACHIEVEMENT
Ms. Chris Ruth introduced Mr. Mark Gordon, CEO of Bon Secours
St. Francis Medical Center who was present to receive the
resolution.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Bon Secours St. Francis Medical Center is
located at 13710 St. Francis Boulevard in Midlothian,
Virginia; and
WHEREAS, completed in 2005, St. Francis Medical Center
is a state-of-the-art facility offering the latest in digital
technology, including patient rooms wired for the Internet;
and
WHEREAS, the medical center's setting provides a restful
and contemplative environment for patients, families, staff
and the community; and
WHEREAS, the chapel, prayer gardens, fountains and
walking paths at St. Francis Medical Center are designed to
enhance the spiritual aspects of healing, to fulfill the
medical center's mission of bringing people and communities
to health and wholeness; and
WHEREAS, patients and visitors to St. Francis Medical
Center often comment on its exceptionally beautiful
architectural features; and
WHEREAS, St. Francis Medical Center has been a welcome
addition to the Richmond metropolitan region's healthcare
facilities; and
WHEREAS, the region's pride in the St. Francis Medical
Center was recently justified with publication of Soliant
Health's list of the "20 Most Beautiful Hospitals" in the
United States; and
WHEREAS, after nearly 70,000 votes, St. Francis Medical
Center was chosen as THE most beautiful hospital in America
for the year 2011; and
WHEREAS, Soliant's narrative cited the medical center's
Virginian-style railings, public atriums, soaring decorative
bell tower and other architectural features; and
J
J
J
11-502
08/24/11
WHEREAS, also cited as reasons for selection were the
welcoming, extensive landscaping; and
WHEREAS, Chesterfield County is extremely proud to be
the home of the Bon Secours St. Francis Medical Center.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 24th day of August 2011,
publicly recognizes Bon Secours St. Francis Medical Center on
this noteworthy achievement, extends congratulations on its
selection as the most beautiful hospital in America for the
year 2011, and wishes the healthcare professionals and other
employees of St. Francis Medical Center continued success.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Bon Secours St. Francis Medical
Center and that this resolution be permanently recorded among
the papers of this Board of Supervisors of Chesterfield
County, Virginia.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
Mr. Warren presented the executed resolution Mr. Gordon and
congratulated him on the noteworthy achievement of his
hospital.
Mr. Tom Winfree, President and CEO of Village Bank,
congratulated Mr. Gordon on behalf of the Bon Secours Joint
Hospital Board.
Mr. Peter McColl, Mission Leader for St. Francis Medical
Center, expressed appreciation to the Board for their support
and recognition.
Mr. Will Shewmake, a member of the Community Advisory Board
of St. Francis Medical Center, stated it has been an
incredible honor to serve on the board and expressed
appreciation to the Board of Supervisors for their support.
Mr. Mark Gordon expressed appreciation for the recognition
and continued support of the county.
15.E. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
Ms. Chris Ruth introduced Mr. Parker Lewis Mann, Mr. Louis
Randolph Milton and Mr. Robert English Snidow, Jr., who were
all present to receive their resolutions.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
11-503
08/24/11
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Parker Lewis Mann,
Troop 876, sponsored by Mount Pisgah United Methodist Church,
Mr. Louis Randolph Milton, Troop 100, sponsored by Gillfield
Baptist Church, and Mr. Robert English Snidow, Jr., Troop
1.891, sponsored by Bon Air United Methodist Church, have
accomplished those high standards of commitment and have
reached the long-sought goal of Eagle Scout which is received
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for a role as leaders in
society, Parker, Louis and English have distinguished
themselves as members of a new generation of prepared young
citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 24th day of August 2011,
hereby extends its congratulations to Mr. Parker Lewis Mann,
Mr. Louis Randolph Milton and Mr. Robert English Snidow, Jr.,
and acknowledges the good fortune of the county to have such
outstanding young men as its citizens.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
Mr. Gecker and Ms. Durfee presented the executed resolutions
and patches to each of the Eagle Scouts, accompanied by
members of their families, congratulated them on their
outstanding achievements, and wished them well in future
endeavors.
Each of the scouts provided details of their Eagle Scout
project and expressed appreciation to their parents and other
for their support.
16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Bob Olsen addressed the Board relative to enforcement of
illegal banners and signs.
17. 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 19
11SN0234
In Matoaca Magisterial District, Chris Stewart requests
amendment of conditional use planned development (Case
85SN0035) and amendment of zoning district map to permit a
nightclub in a Neighborhood Business (C-2) District on .9
acre known as 13923 Hull Street Road. Density will be
11-504
J
J
08/24/11
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
community mixed use. Tax ID 726-672-6816.
Mr. Turner presented a summary of Case 11SN0234 and stated
Ms. Durfee has requested a 30-day deferral.
Mr. Chris Stewart accepted the deferral.
Mr. Warren called for public comment.
There being no one to speak to the deferral, the public
hearing was closed.
Ms. Durfee stated she wanted to assure the Board that all
adjacent property owners have been informed within this
particular complex and are aware that they have another
opportunity for public input or change in regards to this
particular case.
Mr. Stewart reiterated his acceptance of the deferral
request.
Ms. Durfee made a motion, seconded by Mr. Holland, for the
Board to defer Case 11SN0234 until September 21, 2011.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
11SN0238
In Bermuda Magisterial District, Vickie M. Snead requests
renewal of manufactured home permit 04ST0323 to permit a
temporary manufactured home in a Residential (R-7) District
on .9 acre known as 2651 Velda Road. Density is approximately
1 unit per acre. The Comprehensive Plan suggests the property
is appropriate for community commercial use. Tax ID 794-666-
2833.
Mr. Turner stated Ms. Jaeckle has requested a deferral until
the January 2012 regularly scheduled meeting.
Ms. Vickie M. Snead accepted the deferral request.
Mr. Warren called for public comment.
There being no one to speak to the deferral, the public
hearing was closed.
Ms. Jaeckle made a motion, seconded by Mr. Gecker, for the
Board to defer Case 11SN0238 until the January 2012 regularly
scheduled meeting.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
11SN0229
In Midlothian Magisterial District, New Life Outreach Intl.
requests conditional use approval and amendment of zoning
district map to permit a private school in an Agricultural
11-505
08/24/11
(A) District on 17 acres fronting 530 feet on the east side
of Turner Road, 520 feet north of Elkhardt Road. Density will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for residential use of 2.51 to 4.0 dwelling units per acre.
Tax IDs 763-702-4963-00001 and 00002, 4989-00001 and 00002,
5145-00001 and 00002, 5354-00001 and 00002.
Mr. Turner presented a summary of Case 11SN0229 and stated
both the Planning Commission and staff recommended approval
subject to the conditions.
Ms. Christy Wilson accepted the recommendation.
Mr. Warren called for public comment.
There being no one to speak to-the request, the public
hearing was closed.
Mr. Gecker made a motion, seconded by Ms. Durfee, for the
Board to approve Case 11SN0229, subject to the following
conditions:
1. Except where the requirements of the underlying
Agricultural (A) zoning are more restrictive, any new
development for school use shall conform to the
requirements of the Zoning Ordinance for commercial uses
in Emerging Growth Areas, excluding buffer requirements.
(P)
2. With the exception of playground areas, which
accommodate swings, jungle gyms, or similar such
facilities, all active playfields, courts or similar
active recreational facilities which could accommodate
organized sports such as football, soccer, basketball,
etc., shall be located a minimum of 100 feet from
adjacent properties. within this setback, landscaping
shall be provided in accordance with Section 19-522 (a)
(4) of the Zoning Ordinance. (P)
3. Any playground areas shall be located a minimum of forty
(40) feet from all property lines. Within this setback,
existing vegetation shall be supplemented, where
necessary, with landscaping or other devices designed to
achieve the buffering standards contained in Section 19-
522 (1) of the Zoning Ordinance. (P)
(NOTE: These conditions would not apply to any permitted
use, such as a church, on the property.)
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
115N0235
In Matoaca Magisterial District, Pegasus Tower Development
Company, LLC requests conditional use approval and amendment
of zoning district map to permit a communications tower in a
Residential (R-25) District on 4 acres known as 5000
Woolridge Road. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
11-506
J
J
08/24/11
suggests the property is appropriate for residential use of
2.0 units/acre or less. Tax ID 717-681-8129.
Mr. Turner presented a summary of Case 11SN0235 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Will Shewmake accepted the recommendation.
Mr. warren called for public comment.
Ms. Karen Pavlik, a resident of the Woodlake Community,
expressed concerns regarding the proposed cell tower
location, the towers' proximity to the school site and the
dangerous effects of electromagnetic radiation the towers may
emit.
Mr. Shewmake stated the Woodlake Community has very little
coverage in the area and through extensive research a
location was found outside of the Woodlake Subdivision. He
noted the Homeowners Association Board extensively advertised
the proposal and communicated with homeowners. He stated the
proposed tower will be placed among wetlands that is
consistent with the county's tower policy. He further stated
cellular service is close to impossible to obtain in the
community and the demand is very great in order to work and
live. He noted a better location has not been found to place
the tower in terms of coverage. He expressed appreciation to
Mr. Bass, Ms. Durfee and staff for their efforts in this
case.
In response to Mr. Gecker's question, Mr. Shewmake stated the
tower is 1391 feet away from the school site.
There being no one else to speak to the request, the public
hearing was closed.
In response to Ms. Durfee's question, Mr. Turner stated the
tower considered under a prior zoning application, for
Woolridge Elementary School, was in the tree line near the
entrance of the school, on school property.
Ms. Durfee stated many residents were opposed to having a
cell tower in the Woodlake Community because the location did
not conform to the tower siting policy, and they expressed
concerns regarding various issues with above ground
utilities, visibility, and proximity. She thanked Ms. Pavlik
for voicing her concerns to the Board. She stated the Board
cannot take into account the argument of approving or denying
a cell tower based on health concerns. She noted that she had
presented the applicant with critical demands and concerns
regarding the site of the tower and the need for cell phone
coverage. She stated she does not have a basis to- deny the
case.
Ms. Durfee then made a motion, seconded by Mr. Holland, for
the Board to approve Case 11SN0235 and accept the following
proffered conditions:
1. There shall be no signs permitted to identify this use.
~P)
11-507
08/24/11
2. The tower will be located on the property as set forth
on the tower location plan prepared by BC architects
engineers drawn 3/28/00. (P)
3. The base of the tower shall be enclosed by a minimum
six (6) foot high fence, designed to preclude
trespassing. The fence shall be places so as to provide
sufficient room between the fence and the property line
to maintain a tree preservation area of at least 50
feet in each direction, such buffer to be comprised of
existing trees at the site and to provide screening of
the base of the tower and accessory ground equipment
from adjacent properties. The buffer may be inclusive
of setbacks. A detailed plan depicting this requirement
shall be submitted to the Planning Department for
approval in conjunction with final site plan review. No
trees within the tree preservation area shall be
removed unless such trees are dead, diseased, or dying,
or must be removed in order to locate utlilites or the
access road. (P)
4. The color, design and lighting system for the tower
shall be as follows:
a. The tower shall be gray or another neutral color,
acceptable to the Planning Department.
b. The tower shall not be lighted.
c. The tower shall be a monopole structure with an
external flush mount design.
5. Any building or mechanical equipment shall comply with
Sections 19-595 and 19-570 (b) and (c) of the Zoning
Ordinance relative to architectural treatment of
building exteriors and screening of mechanical
equipment. (P)
6. The tower shall not exceed a height of 154 feet. The
monopole shall not exceed 150 feet, and any lightning
rod affixed to it shall not exceed 4 feet. (P)
7. At such time that the tower ceases to be used for
communications purposed for a period exceeding twelve
(12) consecutive months, the owner/developer shall
dismantle and remove the tower and all associated
equipment from the property. (P)
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
i~cun~a~
In Matoaca Magisterial District, Children's Home of VA
Baptist, Inc. requests conditional use approval and amendment
of zoning district map to permit child and adult day care
center use in an Agricultural (A) District on 25 acres of a
257.5 acre tract known as 6900 Hickory Road. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
community mixed use center. Tax ID 776-623-Part of 7920.
11-508
J
J
J
08/24/11
Mr. Turner presented a summary of Case 11SN0245 and stated
both the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Ms. Amy Barahona accepted the conditions.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Ms. Durfee expressed appreciation to those affiliated with
the Children's Home of VA Baptist, Inc. for answering
questions at the community meeting and bringing this
opportunity to the public.
Ms. Durfee then made a motion, seconded by Mr. Holland for
the Board to approve Case 11SN0245 and accept the following
proffered conditions:
1. The child and adult day care center shall be
accommodated within the existing campus buildings as
identified on the plan prepared by Charles H. Fleet &
Associates, P.C., titled "Children's Home of Virginia
Baptist, Inc., and revised August 8, 1997. (P & T)
2. With the exception of playground areas that accommodate
swings, jungle gyms or similar such facilities, all
active playfields, courts or similar active recreational
facilities shall be located a minimum of 100 feet from
adjacent properties zoned and/or developed for
residential use and a minimum of fifty (50) feet from
Hickory Road. Within this setback, landscaping shall be
provided in accordance with Ordinance requirements for
100-foot buffers. (P)
3. Any playground areas shall be located a minimum of forty
(40) feet from all property lines. Within this setback,
landscaping shall be provided in accordance with
Ordinance requirements for buffers less than fifty (50)
feet. (P)
4. Direct vehicular access from the property to Hickory
Road shall be limited to two (2) entrances/exits. The
exact location of these accesses shall be approved by
the Transportation Department.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker
Nays: None.
12RW0103
In Dale Magisterial District, Donald W. Staples, requests an
exception to Section 19-232 of the Chesapeake Bay
Preservation Act requirements of the Zoning Ordinance to
permit encroachment into the Resource Protection Area (RPA)
buffer along an unnamed tributary to Falling Creek as a
result of the construction of a room addition and associated
appurtenances to an existing residential structure. The
property is located at 4624 Boones Trial Circle, which is
within the Falling Creek drainage basin. Tax ID 759-686-Part
of 3135.
11-509
08/24/11
Mr. Turner presented a summary of Case 12RW0103 and stated
both the Planning Commission and staff recommend approval and
acceptance of the conditions.
Mr. Donald W. Staples accepted the conditions.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. Holland made a motion, seconded by Ms. Durfee, for the
Board to approve Case 12RW0103, subject to the six findings
under the analysis and the following conditions:
1. The mitigation measures outlines in the document titled
Cabin Creek Section B Lot 65 - Water Quality Impact
Assessment, prepared by Creative Home Renovations and
received in Planning Department August 11, 2011 shall
be incorporated and implemented during the plan review
process . (EE)
2. The Department of Environmental Engineering may approve
alternative mitigation measures if it is determined
that such alternatives will not increase impacts to the
RPA or downstream water bodies. (EE)
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
11SN0208
In Clover Hill Magisterial District, Gerald V. Notare
requests conditional use approval and amendment of zoning
district map to permit a business (paving contractor)
incidental to a dwelling in an Agricultural (A) District on
3.7 acres fronting 290 feet on the north line of West
Providence Road, 220 feet west of Stemwell Boulevard, Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 1.51 to 4.0 units/acre.
Tax IDs 752-694-2486 and 752-695-4111.
Ms. Jane Peterson presented a summary of Case 11SN0208 and
stated the Planning Commission recommended approval and
acceptance of the proffered conditions. She further stated
staff recommended denial because the proposed land use does
not conform to the Northern Area Plan, which suggests the
property is appropriate for residential use of 1.51 to 4.0
units/acre and the proposed land use is not representative
of, nor compatible with, existing and anticipated area
residential development.
Mr. Gerald V. Notare accepted the recommendation.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
11-510
J
J
.-
08/24/11
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
approved Case 11SN0208, recommended by the Planning
Commission, and accepted the following proffered conditions:
1. This Conditional Use shall be granted to and for Gerald
V. Notare exclusively, and shall not be transferable
nor run with the land. (P)
2. This Conditional Use shall be for the operation of a
paving contractor's office and storage. (P)
3. This Conditional Use shall be granted for a period not
to exceed one (1) year from the date of approval . ( P)
4. A maximum of one (1) employee/partner shall be
permitted on the property at any time. (P)
5. Vehicles and equipment shall be limited as follows:
a. one (1) tandem truck
b. one (1) trailer not longer than 25 feet
c. one (1) Paver Gehl 1648 Model
d. one (1) Roller Stone Model 4199
e. one (1) Skid Steer 257 B Caterpillar
f, one (1) pickup truck (P)
6. With the exception of one (1) pickup truck, all
vehicles and equipment storage associated with this
business shall be located in rear of property, behind
the house, and no closer than (15) feet to any adjacent
property. Other than the vehicles and equipment
identified in Proffered Condition 5, there shall be no
additional outside storage associated with this issue.
(P)
7. No additions or exterior alterations to existing
building(s) nor any new building construction shall be
permitted to accommodate this use. (P)
8. No clients shall be permitted on the property. (P)
9. There shall be no signs identifying this use. (P)
10. Use of Tax ID 752-695-4111 shall be for driveway access
only. (P)
11. The discharge of stormwater runoff on to the adjacent
property to the west from the portions of the Notare
property which have been converted to an all weather
surface will be alleviated through a professionally
engineered solution in a way and on an alignment which
minimizes the impact on the screening effect provided
by the existing onsite vegetation. Implementation shall
be completed to the satisfaction of the County within
90 days of conditional use approval. (EE)
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
11-511
08/24/11
The following cases (11SN0230, 11SN0231, 11SN0232, and
11SN0233) were combined for consideration:
11SN0230
In Dale Magisterial District, Lewis W. Combs, Jr. requests
conditional use approval and amendment of zoning district map
to permit a two-family in a Residential (R-7) District on .9
acre fronting 95 feet on the east line of Courthouse Road,
1275 feet south of Hull Street Road. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 4 units/acre or less. Tax ID 749-684-Part
of 8092.
11SN0231
In Dale Magisterial District, Lewis W. Combs, Jr. requests
conditional use approval and amendment of zoning district map
to permit a two-family dwelling in a Residential (R-7)
District on .9 acre fronting 100 feet on the east line of
Courthouse Road, 1370 feet south of Hull Street Road. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate use of 4 units/acre or less. Tax ID 749-684-Part
of 8092.
11SN0232
In Dale Magisterial District, Lewis W. Combs, Jr. requests
conditional use approval and amendment of zoning district map
to permit a two-family dwelling in a Residential (R-7)
District on .9 acre fronting 110 feet on the east line of
Courthouse Road, 1480 feet south of Hull Street Road. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 4 units/acre or less. Tax
ID 749-684-Part of 8073.
11SN0233
In Dale Magisterial District, Lewis W. Combs, Jr. requests
conditional use approval and amendment of zoning district map
to permit a two-family dwelling in a Residential (R-7)
District on .9 acre fronting 115 feet on the east line of
Courthouse Road, 1590 feet south of Hull Sheet Road. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 4 units/acre or less. Tax
ID 749-684-Part of 8073.
Ms. Jane Peterson presented a summary of Case 11SN0230,
11SN0231, 11SN0232 and 11SN0233 and stated both the Planning
Commission and staff recommended denial. She further stated
staff recommended denial for the following reason: whereas
the Route 360 Corridor Plan suggests the property is
appropriate for residential use of four (4) swelling units
per acre or less, the application does not fully mitigate
impacts of the two-family dwelling on capital facilities and,
11-512
J
J
J
08/24/11
thereby would not insure adequate service levels are
maintained to protect the health, safety and welfare of
County citizens. She further stated residents from Mayfair
Estates attended the community meeting and were supportive,
noting interest for public sewer extension and concern
regarding rental units; and the current ability for the
applicant to construct four dwellings, one on each proposed
lot, without addressing capital facility impacts.
Mr. Lewis Combs noted the residents that attended the
community meeting were supportive and interested in public
sewer extension. He stated he is seeking half of the density
of the four dwelling units per acre, and further stated the
project is simply not feasible with the cash proffer
requirements. He stated the development of these lots will be
beneficial to the neighbors and will increase the tax base
for the county. He further stated objecting to building
residential, where only residential is permitted is
contradictory.
In response to Ms. Jaeckle's question, Mr. Combs stated the
property would extend water and sewer lines that could serve
adjacent property off Courthouse Road.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. Holland stated he can support the zoning case for a
number of reasons: the Route 360 Corridor Plan, which is a
part of the county's Comprehensive Plan, suggests that this
property is appropriate for residential use; the plan would
support development at a level of up to four dwellings per
unit/per acre, the proposed residential development is only
2.2 units per acre; the Board has approved other residential
re-zonings with less than the maximum cash proffers, the
applicant has proffered one-.half of the amount as suggested;
and the proposed property is an infill development and the
applicant will be serving water and sewer to the site, which
will benefit other residents. He further stated the applicant
is proffering a number of conditions that will enhance the
quality of the development including building treatments and
landscaping.
Mr. Holland then made a motion, seconded by Ms. Jaeckle, for
the Board to approve Case 11SN0230, subject to one condition
and acceptance of the six proffered conditions.
In response to Ms. Jaeckle's question, Mr. Turner stated the
property is comparable to the new Comprehensive Plan.
Ms. Durfee stated she does not see an issue with the location
of the proposed development. She expressed concerns relative
to staff's recommendation for denial.
In response to Ms. Durfee's question, Mr. Turner stated staff
recommended denial because the request does not comply with
the current cash proffer policy.
Ms. Jaeckle stated the infill area provides residents an
opportunity to hook up to water and sewer lines.
11-513
08/24/11
In response to Mr. Warren's questions, Mr. Mincks stated
those proposing to develop property are obligated by state
law to deal with the impacts on public facilities. He further
stated if an applicant is willing to proffer the cash that
will be considered as having met the impact on public
facilities, then the Board makes a determination as to
whether or not the impacts have been dealt with by the
applicant..
Ms. Durfee stated the report cannot prove that the proposal
is negatively impacting public facilities. She further stated
she supports the case based on the facts.
Mr. Holland stated he concurred with Ms. Durfee's comments.
In response to Mr. Gecker's question, Mr. Turner stated the
draft Comprehensive Plan would designate the site
"neighborhood corridor," which would suggest a mix of
residential and office uses.
Mr. Gecker expressed concerns regarding housing density on
lots where there is major arterial frontage. He further
stated the case is not compliant with current conditions and
does not meet concepts of infill.
Mr. Turner stated the proposal is consistent with the current
adopted plan which suggests residential uses. He further
stated in terms of the draft plan recommendations, a mixture
of uses would have to be analyzed and its relationship to
surrounding uses. He stated the density and the land use in
the draft plan are supported by the Planning Commission.
In response to Mr. Gecker's question regarding impact to the
road network, Mr. Turner stated the number of access points
have been restricted through the conditions. He further
stated the distinction regarding the other part of Courthouse
Road is dealing with existing structures that have been
impacted by road improvements. He stated the proposed
structures would have to meet setback requirements from the
right-of-way.
Mr. Gecker expressed concerns regarding setback requirements.
He stated he does not support the case.
In response to Ms. Durfee's question, Mr. Turner stated the
Oxford Shopping Center is separated from the proposed lots by
a BMP and stream. He further stated there is signalized
signage at that location.
Discussion ensued regarding impacts of the proposal on public
facilities.
Mr. Warren called for a vote on the motion of Mr. Holland,
seconded by Ms. Jaeckle, for the Board to approve Case
11SN0230, subject to the following condition:
Prior to the issuance of a building permit for a two-family
dwelling, the subject property shall be recorded as a
subdivision lot. (P)
And, further, the Board accepted the following proffered
conditions:
11-514
J
J
08/24/11
1. Utilities. The public water system shall be used. (U)
2. Facade Treatment. The facade treatment of the two-family
dwelling unit shall be varied from other contiguous two-
family dwellings. Such variation shall be accomplished
through the use of building materials, architectural
elements and/or building design. (P)
3. Foundation. All exposed portions of the foundation of
the two-family dwelling unit shall be faced with brick
or stone veneer. Exposed piers supporting front porches
shall be faced with brick or stone veneer. (P)
4. Garages. Any front loaded garages shall be located no
closer to the street than the front facade of the
dwelling units. (P)
5. Foundation Planting. Landscaping shall be provided
around the perimeter of each dwelling unit foundation.
This landscaping shall comply with the plant material
quality, maintenance, installation and bonding
requirements of the Zoning Ordinance and shall be
designed to provide visual interest and to enhance the
residential character of the property. The Planning
Department, at the time of building permit review, shall
approve the landscaping plan with respect to the exact
numbers, spacing, arrangement and species of plantings.
(P)
6. Cash Proffer. For each dwelling unit in excess of 1 in
the above case, the applicant, sub-divider, or
assignee(s) shall pay the following to the County of
Chesterfield, prior to the issuance of a building
permit, for infrastructure improvements within the
service district for the property; provided however that
for the period from July 1, 2011 to June 30, 2015 the
applicant, sub-divider, or assignee(s) shall pay the
following to the County of Chesterfield, immediately
after completion of the final inspection:
a. $18,966 per dwelling unit, if paid prior to July 1,
2012; or
b. The amount approved by the Board of Supervisors not
to exceed $18,966 per said dwelling unit in excess of 1,
adjusted annually in accordance with the cash proffer
policy by any increase in the Marshall and Swift
Building Cost Index between July, 2011 and July 1 of the
fiscal year" in which the payment is made if paid after
June 30, 2012. (B & M)
Ayes: Jaeckle, Holland and Durfee.
Nays: Warren and Gecker.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved Case 11SN0231, subject to the following condition:
Prior to the issuance of a building permit for a two-family
dwelling, the subject property shall be recorded as a
subdivision lot. (P)
11-515
08/24/11
And, further, the Board accepted the following proffered
conditions:
1. Utilities. The public water system shall be used. (U)
2. Facade Treatment. The facade treatment of the two-family
dwelling unit shall be varied from other contiguous two-
family dwellings. Such variation shall be accomplished
through the use of building materials, architectural
elements and/or building design. (P)
3. Foundation. All exposed portions of the foundation of
the two-family dwelling unit shall be faced with brick
or stone veneer. Exposed piers supporting front porches
shall be faced with brick or stone veneer. (P)
4. Garages. Any front loaded garages shall be located no
closer the street than the front facade of the dwelling
units. (P)
5. Foundation Planting. Landscaping shall be provided
around the perimeter of each dwelling unit foundation.
This landscaping shall comply with the plant material
quality, maintenance, installation and bonding
requirements of the Zoning Ordinance and shall be
designed to provide visual interest to enhance the
residential character of the property. The Planning
Department, at the time of building permit review,
shall approve the landscaping plan with respect to the
exact numbers, spacing, arrangement and species of
plantings. (P)
6. Cash Proffer. For each dwelling unit in excess of 1 in
the above case, the applicant, sub-divider, or
assignee(s) shall pay the following to the County of
Chesterfield, prior to the issuance of a building
permit, for infrastructure improvements within the
service district for the property; provided however
that for the period from July 1, 2011 to June 30, 2015
the applicant, sub-divider, or assignee(s) shall pay
the following to the County of Chesterfield,
immediately after completion of the final inspection:
a. $18,866 per dwelling unit, if paid prior to July 1,
2012; or
b. The amount approved by the Board of Supervisors
not to exceed $18,966 per said dwelling unit in
excess of 1, adjusted annually in accordance with
the cash proffer policy by any increase in the
Marshall and Swift Building Cost Index between
July, 2011 and July 1 of the fiscal year in which
the payment is made if paid after June 30, 2012.
(B & M)
Ayes: Jaeckle, Holland, and Durfee.
Nays: Warren and Gecker.
11-516
J
J
J
08/24/11
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved Case 11SN0232, subject to the following condition:
~.
Prior to the issuance of a building permit for a two-family
dwelling, the subject property shall be recorded as a
subdivision lot. (P)
And, further, the Board accepted the following proffered
conditions:
1. Utilities. The public water system shall be used. (U)
2. Facade Treatment. The facade treatment of the two-family
dwelling unit shall be varied from other contiguous two-
family dwellings. Such variation shall be accomplished
through the use of building materials, architectural elements
and/or building design. (P)
3. Foundation. All exposed portions of the foundation of
the two-family dwelling unit shall be faced with brick or
stone veneer. Exposed piers supporting front porches shall be
faced with brick or stone veneer. (P)
4. Garages. Any front loaded garages shall be located no
closer to the street than the front facade of the dwelling
units. (P)
5. Foundation Planting. Landscaping shall be provided
around the perimeter of each dwelling unit foundation. This
landscaping shall comply with the plant material quality,
maintenance, installation and bonding requirements of the
Zoning Ordinance and shall be designed to provide visual
interest and to enhance the residential character of the
property. The Planning Department, at the time of building
permit review, shall approve the landscaping plan with
respect to the exact numbers, spacing, arrangement and
species of plantings. (P)
6. Cash Proffer. For each dwelling unit in excess of 1 in
the above case, the applicant, sub-divider, or assignee(s)
shall pay the following to the County of Chesterfield, prior
to the issuance of a building permit, for infrastructure
improvements within the service district for the property;
provided however that for the period from July 1, 2011 to
June 30, 2015 the applicant, sub-divider, or assignee(s)
shall pay the following to the County of Chesterfield,
immediately after the completion of .the final inspection:
a. $18,966 per dwelling unit, if paid prior to July 1,
2012; or
b. The amount approved by the Board of Supervisors not
to exceed $18,966 per said dwelling unit in excess of 1,
adjusted annually in accordance with the cash proffer policy
by any increase in-the Marshall and Swift Building Cost Index
between July, 20'11 and July 1 of the fiscal year in which the
payment is made if paid after June 30, 2012. (B & M)
Ayes: Jaeckle, Holland and Durfee.
Nays: Warren and Gecker.
11-517
08/24/11
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved Case 11SN0233, subject to the following condition:
Prior to the issuance of a building permit for a two-family
dwelling, the subject property shall be recorded as a
subdivision lot. (P)
And, further, the Board accepted the following proffered
conditions:
1. Utilities. The public water system shall be used. (U)
2. Facade Treatment. The facade treatment of the two-family
dwelling unit shall be varied from other contiguous two-
family dwellings. Such variation shall be accomplished
through the use of building materials, architectural elements
and/or building design. (P)
3. Foundation. All exposed portions of the foundation of
the two-family dwelling unit shall be faced with brick or
stone veneer. Exposed piers supporting front porches shall be
faced with brick or stone veneer. (P)
4. Garages. Any front loaded garages shall be located no
closer to the street than the front facade of the dwelling
units. (P)
5. Foundation Planting. Landscaping shall be provided
around the perimeter of each dwelling unit foundation. This
landscaping shall comply with the plant material quality,
maintenance, installation and bonding requirements of the
Zoning Ordinance and shall be designed to provide visual
interest and to enhance the residential character of the
property. The Planning Department, at the time of building
permit review, shall approve the landscaping plan with
respect to the exact numbers, spacing, arrangement and
species of plantings. (P)
6. Cash Proffer. For each dwelling unit in excess of 1 in
the above case, the applicant, sub-divider, or assignee(s)
shall pay the following to the County of Chesterfield, prior
to the issuance of a building permit, for infrastructure
improvements within the service district for the property;
provided however that for the period from July 1, 2011 to
June 30, 2015 the applicant, sub-divider, or assignee(s)
shall pay the following to the County of Chesterfield,
immediately after the completion of the final inspection:
a. $18,966 per dwelling unit, if paid prior to July 1,
2012; or
b. The amount approved by the Board of Supervisors not
to exceed $18,966 per said dwelling unit in excess of 1,
adjusted annually in accordance with the cash proffer policy
by any increase in the Marshall and Swift Building Cost Index
between July, 2011 and July 1 of the fiscal year in which the
payment is made if paid after June 30, 2012. (B & M)
Ayes: Jaeckle, Holland and Durfee.
Nays: Warren and Gecker.
11-518
J
J
J
08/24/11
18. PUBLIC HEARINGS
18.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE TO PERMIT
THE DISCHARGE OF PNEUMATIC GUNS ON PRIVATE PROPERTY
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider amendments to the
County Code to permit the discharge of pneumatic guns on
private property.
Mr. Warren called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded by Mr. Holland, 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 14-15 AND 14-16 RELATING TO
DISCHARGE OF PNEUMATIC GUNS,
AND PROVIDING FOR A PENALTY
BE IT ORDAINED by the Board of Supervisors of
Chesterfield County:
(1) That Sections 14 -15 and 14 -16 of the Code of the County
of Chesterfield, 1997, as amended, are amended and re-enacted
to read as follows:
Sec. 14-15. - Same-Discharging pneumatic guns across
highways, etc.
(a) No person shall discharge any pneumatic gun on or
across any street,sidewalk, alley, public road or public
land of the county except on a properly constructed shooting
range or on other property where firearms may be discharged.
Nothing in this subsection shall prohibit the use of
pneumatic guns on or within private property with permission
of the owner or legal possessor of the property when
conducted with reasonable care to prevent a projectile from
crossing the bounds of the property.
(b) Commercial or private areas designated for use a
pneumatic paintball guns may be established and operated for
recreational use if in compliance with all other applicable
laws or regulations. Equipment designed to protect the face
and ears shall be provided to participants at such
recreational areas, and signs must be posted to warn against
entry into the paintball area by persons who are unprotected
or unaware that paintball guns are in use.
(c) Any person violating the provisions of this section
shall be guilty of a misdemeanor punishable by a f ine of not
more than $500.00.
Sec. 14-16. - Same-Discharge of pneumatic guns by minors.
(a) No minor shall discharge any pneumatic gun outdoors
within 300 feet of the dwelling of another, a business
establishment, private building, public gathering or public
meeting place, unless the minor is accompanied by his parent
11-519
08/24/11
or guardian, or otherwise supervised in accordance with this
section.
(b) Any minor below the age of 16 who uses pneumatic
guns on private or public property shall be supervised by a
parent, guardian, or other adult supervisor approved by a
parent or guardian.
(c) Minors the age of 16 or older may, with the written
consent of a parent or guardian, use a pneumatic gun at any
place designated for such use by the county or on private
property with the consent of the owner.
(d) Any minor, whether permitted by a parent or
guardian to use a pneumatic gun or not, shall be responsible
for obeying all laws, regulations and restrictions governing
such use.
(e) Training of minors in the use of pneumatic guns
shall be done only under direct supervision of a parent,
guardian, Junior Reserve Officers Training Corps instructor,
or a certified instructor. Training of minors above the age
of 16 may also be done without direct supervision if approved
by the minor's instructor, with the permission of and under
the responsibility of a parent or guardian, and in compliance
with all requirements of this section. Ranges and instructors
may be certified by the National Rifle Association, a state
or federal agency that has developed a certification program,
any service of the department of defense, or any person
authorized by these authorities to certify ranges and
instructors.
(f) Nothing in this section shall prohibit the use of
pneumatic guns at facilities approved for shooting ranges, on
other property where firearms may be discharged, or on or
within private property with permission of the owner or legal
possessor of the property when conducted with reasonable care
to prevent a projectile from crossing the bounds of the
property.
(g) Any person violating the provisions of this section
shall be guilty of a misdemeanor punishable by a fine of not
more than $500.00.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
18.B. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING
TO THE DEFINITIONS OF "ILLEGAL GAMBLING" AND "GAMBLING
DEVICE"
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider an amendment to
the County Code relating to the definitions of "illegal
gambling" and "gambling device."
Mr. Warren called for public comment.
No one came forward to speak to the issue.
J
J
J
11-520
08/24/11
On motion of Ms. Durfee, seconded by Mr. Holland, 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 3-41 RELATING TO ILLEGAL GAMBLING
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 3-41 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Chapter 3
0 0 0
AMUSEMENTS
0 0 0
Sec. 3-41. - Definitions.
In this article, the following definitions apply:
0 0 0
Gambling device includes:
(a) Any device, machine, paraphernalia, equipment or other
thing, including books, records and other papers, which is
actually used in an illegal gambling operation or activity;
and
(b) Any machine, apparatus, implement, instrument,
contrivance, board or other thing, or electronic or video
versions thereof, including, but not limited to, those
dependent upon the insertion of coins or other objects for
their operation, which operates, either completely
automatically or with the aid of some physical act by the
player or operator, in such a manner that, depending upon
elements of chance, it may eject something of value or
determine a prize or other thing of value to which the player
is entitled, except that the return to the user of nothing
more than additional chances or the right to use such machine
is not deemed something of value within the meaning of this
subsection, and provided that machines that only sell, or
entitle the user to, items of merchandise of equivalent value
that may differ from each other in composition, size, shape
or color are not "gambling devices" within the meaning of
this subsection.
(c) .Devices that indicate beforehand the definite result of
one or more operations but not all the operations, and
devices that also sell or deliver something of value on a
basis other than chance may be "gambling devices" within the
meaning of this subsection.
Illegal gambling: The making, placing or receipt in the
county of any bet or wager of money or other thing of value,
in exchange for a chance to win a prize, stake, other
consideration, or thing of value, depending upon the result
of any game, contest or other event, the outcome of which is
11-521
08/24/11
uncertain or a matter of chance, whether such game, contest
or event occurs or is to occur inside or outside the county.
For the purposes of this definition and notwithstanding any
provision in this section to the contrary, the making,
placing, or receipt of any bet or wager of money or other
thing of value shall include the purchase of a product,
Internet access, or other thing, which purchase credits the
purchaser with free points or other measurable units that may
be (i) risked by the purchaser for an opportunity to win
additional points or other measurable units that are
redeemable by the purchaser for money or (ii) redeemed by the
purchaser for money, and but for the free points or other
measurable units, with regard to clauses (i) and (ii), the
purchase of the product, Internet access, or other thing (a)
would be of insufficient value in and of itself to justify
the purchase or (b) is merely incidental to the chance to win
money.
0 0 0
(2) That this ordinance shall become effective
immediately upon adoption.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
18.C. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO
DISCLOSURE REQUIREMENTS FOR REAL ESTATE ASSESSMENT
PROCEDURES
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider amendments to the
County Code relating to disclosure requirements for real
estate assessment procedures.
Mr. warren called for public comment.
Ms. Brenda Stewart expressed concerns regarding assessed real
estate values and proposed changes.
No one else came forward to speak to the issue.
In response to Ms. Stewart's comments, Mr. Mincks stated the
ordinance is precisely what the Board is required to enact.
He further stated the language implies that a substitutive
notice must be included.
In response to Ms. Durfee's question, Mr. Mincks stated the
language can include within (d), the substitution of
"notification" for "notice."
On motion of Ms. Durfee, seconded by Mr. Holland, for the
Board to amend the language regarding the substitution of
"notification" for "notice" within the Code and adopt the
following ordinance, as amended:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 9-14, OF THE FINANCE AND TAXATION
ORDINANCE RELATING TO REAL ESTATE ASSESSMENT PROCEDURES
11-522
.-
J
J
08/24/11
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(2) That Section 9-14 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Chapter 9
FINANCE AND TAXATION
0 0 0
Sec. 9-14. - Real estate assessments and reassessments-
Procedures.
The assessor and the board of equalization shall follow the
following procedures in the assessment of real estate in the
county:
(a) The real estate assessment office shall notify each
affected taxpayer in writing on or before February 1 of any
year in which the assessor makes a new or changed assessment.
The notice shall be mailed to the last known address shown on
the county land books.
(b) Any affected taxpayer, or person with a substantial
legal or equitable interest in the property involved, or any
authorized representative of such persons, or any authorized
representative of the county board of supervisors .,may file a
written protest and appear before the assessor and present
objections to the assessment by March 15 of the year in which
the assessor makes a new or changed assessment.
(c) Such person may also, after filing a written protest
with and. appearing before the assessor as provided in
subsection (b), file a request for relief of the assessment
with the board of equalization no later than April 15 of the
year in which .the assessor makes a new or changed assessment.
The request shall be made on forms prescribed by the board of
equalization and made available through the office of real
estate assessments. The board of equalization of real estate
assessments shall provide all those requesting relief an
opportunity to be heard in person, with witnesses, and by
counsel, but may also allow submissions of memoranda verified
under oath.
(d) In any appeal of the assessment of residential property
filed by a taxpayer as an owner of real property containing
less than four residential units (i) to the board of
equalization pursuant to Code of Virginia § 58.1-3379, or
(ii) to circuit court pursuant to Code of Virginia § 58.1-
3.984, the assessor shall send the taxpayer a written notice
provided for in this subsection. Such notification shall be
on the first page of such notice and be in bold type no
smaller than fourteen points and mailed to, or posted at, the
last known address of the taxpayer as shown on the current
real estate tax assessment records. Notice under this
subsection shall satisfy the notice requirements of Code of
Virginia § 58.1-3331. In an appeal before the board of
equalization, such written notice may be contained in the
written notice of the hearing date before the board. For all
applicable assessments on or after January 1, 2012, such
written notice shall: (a) be given at least 45 days prior to
the hearing of the taxpayer's appeal; (b) include a statement
informing the taxpayer of his rights under Code of Virginia §
11-523
08/24/11
58.1-3331 and this section to review and obtain copies of all
of the assessment records pertaining to the assessor's
determination of fair market value of such real property; and
(c) advise the taxpayer of his right to request that the
assessor make a physical examination of the subject property.
Furthermore, in any such appeal by a taxpayer as owner of
real property containing less than four residential units,
the assessor upon written request shall provide the taxpayer
or his duly authorized representative copies of the
assessment records set out in subsections A, B, and C of Code
of Virginia § 58.1-3331 pertaining to the assessor's
determination of fair market value of the property under
appeal. In an appeal to the board of equalization, the
assessor shall provide such records within 15 days of the
written request. In an appeal to the circuit court, any such
written request by the taxpayer or his duly authorized
representative shall be made following the filing of the
appeal to circuit court and no later than 45 days prior to
trial, unless otherwise provided by an order of the court.
Provided the written request is made in accordance with Code
of Virginia § 58.1-3984 and this subsection or any applicable
court order, the assessor shall provide such records within
15 days of the written request.
If the assessor fails to provide the assessment records set
out in subsections A, B, and C of Code of Virginia § 58.1-
3331 after written request as addressed above, the assessor
shall present the following into evidence prior to the
presentation of evidence by the taxpayer at the hearing
before the board of equalization or the circuit court, as
applicable: (i) copies of the assessment records maintained
by the assessor under Code of Virginia § 58.1-3331, (ii)
testimony that explains the methodologies employed by the
assessor to determine the assessed value of the property, and
(iii) testimony that states that the assessed value was
arrived at in accordance with generally accepted appraisal
practices, procedures, rules, and standards as prescribed by
nationally recognized professional appraisal organizations
such as the International Association of Assessing Officers
(IAAO) and applicable Virginia law regarding the valuation of
property.
(e) The board of equalization shall publish notice in a
newspaper having general circulation in the county, giving
the regular time and place of its hearings, and instruct the
sheriff to post such a notice at the courthouse and at each
voting precinct, at least ten days prior to each sitting in
accordance with Code of Virginia, § 58.1-3378.
(f) The board of equalization shall rule upon all protested
assessments within 90 days from the date of hearing or by
June 15, whichever occurs first. The board shall certify to
the assessor all of its actions that affect assessments of
real estate in the county.
(g) The assessor's office shall prepare notice of the
decisions of the board of equalization in triplicate and one
copy shall be filed with the minutes of the board of
equalization, one copy shall be filed with the records of the
director of real estate assessments and one copy shall be
mailed, first class, to the protestant and affected taxpayer.
11-524
J
J
J
08/24/11
(h) If no one files an application for relief by April 15,
the board of equalization shall be deemed to have discharged
its duties.
0 0 0
(2) That this ordinance shall become effective
immediately upon adoption.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
18.D. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING
TO THE TREASURER'S FEE IMPOSED FOR RETURNED CHECKS
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider an amendment to
the County Code relating to the Treasurer's fee imposed for
returned checks.
Mr. Warren called for public comment.
No one came forward to speak to the issue.
In response to Mr. Holland's question, Mr. Mincks stated
$35.00 has been the fee for returned checks in the past and
the new cap is $50.00. He further stated other jurisdictions
are considering the increase.
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 SECTION 9-2 RELATING TO
FEE IMPOSED FOR RETURNED CHECKS
BE IT ORDAINED by the Board of Supervisors of
Chesterfield County:
(1) That Section 9-2 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 9-2. Fee imposed for returned checks.
The treasurer shall collect a fee of $50.00 from anyone
whose check for payment of any sum due to the county is
returned for insufficient funds or because there is no
account or the account has been closed, or because such check
was returned because of a stop-payment order placed in bad
faith on the check by the drawer, unless the person delivers
to the treasurer cash or cash equivalent in the full amount
of the returned check within five days after the check is
returned.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes:. Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
11-525
08/24/11
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
Mr. Stegmaier provided details of the Citizen Emergency
Response Team (CERT). He stated 500 volunteers have been
trained to help family members, neighbors and other citizens
address emergency needs during serious emergency events. He
stated training classes are currently being offered for the
CERT Program through the county.
21. ADJOURNMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adjourned at 8:19 p.m. until September 21, 2011 at 3:00 p.m.
Ayes: Warren, Jaeckle, Holland, Durfee and Gecker.
Nays: None.
J mes teg ier
County Administrator
Arthur S. Warren
Chairman
J
J
J
11-526
08/24/11