2012-04-25 MinutesBOARD OF SUPERVISORS
MINUTES
April 25, 2012
Supervisors in Attendance: Staff in Attendance:
Mr. Daniel A. Decker, Chairman Mr. Mike Bacile, Dir.,
Ms. Dorothy A. Jaeckle, Vice Chrm. Purchasing
Mr. Arthur S. Warren Ms. Janice Blakley,
Ms. James M. Holland Clerk to the Board
Mr. Stephen A. Elswick Ms. Marilyn Brown, Dir.,
Juvenile Detention Home
Mr. James J. L. Stegmaier Ms. Patsy Brown, Dir.,
County Administrator Accounting
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
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. Joe Horbal,
Commissioner of Revenue
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Ms. Debbie Leidheiser,
Senior Advocate,
- Human Services
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Jeffrey L. Mincks,
County Attorney
Sheriff Dennis Proffitt,
Sheriff's Department
Mr. Dean Sasak, Asst.
Real Property Manager,
Right of Way
Chief Edward L. Senter,
Fire Department
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Kirk Turner, Dir.,
Planning
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Mr. Mike Westfall, Dir.,
Internal Audit
Mr. Scott Zaremba, Dir.,
Human Resource Programs
Ms. Jaeckle called the regularly scheduled meeting to order
at 3:01 p.m.
1. APPROVAL OF MINUTES
1.A. MARCH 5, 2012 BUDGET WORK SESSION
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
approved the minutes of March 5, 2012, as submitted.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
2.B. MARCH 28, 2012 REGULAR MEETING
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
approved the minutes of March 28, 2012, as submitted.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
Mr. Jack Berry, President and CEO of the Richmond
Metropolitan Convention and Visitors Bureau updated the Board
on RMCVB activities.
Ms. Jaeckle expressed her appreciation for Mr. Berry's
informative presentation. She stated the expanding history in
sports tourism has been a goal of the Board of Supervisors as
a way to increase and diversify the county's revenue.
Mr. Holland also thanked Mr. Berry for the work that RMCVB
does to assist Chesterfield County. He noted there is a race
this weekend at Richmond International Speedway.
Ms. Elizabeth Paradis Stern, Chief of Interpretation,
Richmond National Battlefield Park provided a presentation to
the Board about the Sesquicentennial of the American Civil
War events planned for the Richmond Region from May-July.
Ms. Jaeckle expressed her appreciation for Ms. Stern's
continued desire to educate Chesterfield County residents.
Mr. Holland also expressed his appreciation for Ms. Stern's
informative presentation.
• Mr. Stegmaier was pleased to report. that last week BGB
Technology Inc. announced plans to establish their first
U.S. facility in the county. BGB designs and
manufactures electrical and optical slip ring assemblies
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for rotary applications, including components for wind
turbine systems. He stated the company plans to invest
over $2 million and employ 15 as they ramp up their new
operation. The new facility will be located on Port
Walthall Drive in southern Chesterfield.
• Mr. Stegmaier announced that the Government Finance
Officers Association recently notified the Accounting
Department that the County's Comprehensive Annual
Financial Report (CAFR) for the fiscal year ended June
30, 2011, received the Certificate of Achievement for
Excellence in Financial Reporting. He stated the
Certificate recognizes that the CAFR meets the highest
standards for governmental accounting and financial
reporting, including demonstrating a spirit of full
disclosure to clearly communicate the county's financial
activity to citizens, investors, and other financial
report users. He further stated this is the 31st
consecutive year that the Accounting Department has
achieved this recognition.
Mr. Holland expressed his appreciation to the Accounting
Department on behalf of the Budget and Audit Committee.
3. BOARD MEMBER REPORTS
Mr. Holland announced he attended the Deerfield Civic
Association meeting on April 17th. He also attended the
Greater Richmond Chamber's intercity visit to Boston, as
Chairman of the Richmond Metropolitan Convention and Visitors
Bureau (RMCVB) , on April 18th - 20th and will be sharing many
exciting opportunities for the county that he learned about
in Boston.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
moved Item 5.B., Resolution Recognizing Mr. Charles K. "Ken"
Childers for His Service as a Member of the Camp Baker
Management Board, to be heard prior to Item 5.A.; replaced
Item 8.A.1., Appointments to the Camp Baker Management Board;
added Item 8.B.l.g., Resolution Recognizing April 27, 2012,
as "Arbor Day" in Chesterfield County; replaced Item 8.B.17.,
Approval of Amendments to the Chesterfield County
Supplemental Retirement Plan; we would like to add Item
8.B.18., Request for a Music/Entertainment Festival Permit
for Chesterfield Berry Farm's Music Festival Series; replaced
Item 8.C., Revisions to the FY2013-FY2014 Biennial Financial
Plan Related to Adoption of the State Budget; and received
revised resolution attachment for Item 17.A., Public Hearing
to Consider Approval of a Resolution to Authorize the Advance
Refunding of Various Certificates of Participation Financing
and Appropriation of Up to $20,000,000 in Payment to the
Escrow Agent for the Advance Refunding.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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5. RESOLUTIONS
5.B. RECOGNIZING MR. CHARLES K. "KEN" CHILDERS FOR HIS
SERVICE AS A MEMBER OF THE CAMP BAKER MANAGEMENT BOARD
Ms. Burcham introduced Mr. Charles K. "Ken" Childers, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, community service is among the greatest
traditions of Chesterfield County residents; and
WHEREAS, Mr. Childers is a veteran of the U.S. Army, and
after his retirement wanted to share his talent and skills to
make Chesterfield County a first choice community for
individuals with disabilities; and
WHEREAS, Mr. Childers served from 1999-2004 as the
Director of NISH East - Richmond Office, which is a federal
organization designed to help people with disabilities find
employment opportunities with federal agencies; and
WHEREAS, Mr. Childers has brought his knowledge of
federal grant programs to Camp Baker, which has resulted in
Camp Baker and the Greater Richmond ARC receiving numerous
grants to find employment opportunities for people with
disabilities; and
WHEREAS, Mr. Childers has been a valuable member of the
Camp Baker Management Board, representing the Matoaca
Magisterial District from 2006 until 2012; and
WHEREAS, Mr. Childers served as Vice Chairman of the
Camp Baker Management Board from 2008 through 2010, providing
excellent leadership and direction; and
WHEREAS, Mr. Childers assisted in the development of a
comprehensive risk management program to ensure the health
and safety of Camp Baker employees and campers; and
WHEREAS, Mr. Childers was instrumental as a liaison with
the highway department, working to mitigate property slope
and erosion on Beach Road; and
WHEREAS, Mr. Childers has been a staunch advocate for
all individuals with disabilities and recently advocated for
the development of the Intermediate Care Facility - Mental
Retardation (ICF-MR).
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of April 2012,
publicly recognizes and commends Mr. Charles K. "Ken"
Childers for his devoted service to Chesterfield County and
the Camp Baker Management Board.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Childers and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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Mr. Elswick presented the executed resolution to Mr. Childers
and commended him for his devoted service to the county.
Mr. Childers expressed his appreciation to families of the
county who he had the opportunity to serve.
5.A. RECOGNIZING MAY 2012 AS "OLDER AMERICANS MONTH" IN
CHESTERFIELD COUNTY
Ms. Leidheiser introduced Mr. George Powell, Mr. Ethan Hurst,
Miss Maggie Taliaferro, Mr. Stefan Brandt, Miss Hailey
Slifer, Mr. Reed Gwaltney, Miss Tamsyn McKee, Mr. Noah
Nichols and Miss Sophie Azula, who were all present to
receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Chesterfield County is a community that
includes a growing population of citizens age 55 and older;
and
WHEREAS, the U.S. Administration on Aging has designated
May as a time to recognize older Americans and the theme for
this year's Older Americans Month is "Never Too Old to Play,"
which highlights the importance of older adults sharing their
experience, wisdom, knowledge and understanding with other
generations; and
WHEREAS, this year's Older Americans Month celebration
recognizes the value that older adults continue to bring to
our communities; and
WHEREAS, the older adults in Chesterfield County have an
important role in sharing knowledge, wisdom and understanding
of the history of their community through interactions with
children, youth and adults from other generations; and
WHEREAS, the fruits of knowledge and experience can be
effectively transferred from generation to generation through
social interactions, civic engagement and volunteerism; and
WHEREAS, our community can help enrich the lives of
citizens, young and old, by emphasizing the value of public
and family life, creating opportunities for multigenerational
interactions and providing a range of activities; and
WHEREAS, recognizing older citizens and their
contributions can help us achieve stronger and more
meaningful connections with each other while enriching and
creating livable communities for citizens of all ages; and
WHEREAS, many organizations and Chesterfield County
departments provide services and programs to help older
residents in Chesterfield County lead active, fulfilling and
independent lives and to remain in their homes; and
WHEREAS, Senior Connections, The Capital Area Agency on
Aging and the United Way of Greater Richmond and Petersburg
are leading Age Wave Plan efforts to benefit all ages and
communities in Planning District 15, which includes
Chesterfield County; and
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WHEREAS, Chesterfield TRIAD declares May 2, as Senior
Day in Chesterfield County; and
WHEREAS, the Senior Advocate's office sponsored an essay
contest for. fourth and fifth grade Chesterfield County
students to acknowledge positive older adult role models,
celebrate intergenerational relationships and demonstrate
good writing skills, and Sophie Azula is being recognized as
the grand prize winner of the contest in which she
acknowledged her grandmother as her role model; and
WHEREAS, the following students are being recognized as
the school winners in the contest: George Powell, A. M.
Davis Elementary School; Ethan Hurst, Alberta Smith
Elementary School; Maggie Taliaferro, Bettie Weaver
Elementary School; Stefan Brandt, Bon Air Elementary School;
Hailey Slifer, Clover Hill Elementary School; Reed Gwaltney,
Elizabeth Scott Elementary School; Tamsyn McKee, Evergreen
Elementary School; and Noah Nichols, Robious Elementary
SCY1001 .
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of April 2012,
publicly recognizes May 2012, as Older Americans Month and
encourages every citizen to take time to engage, interact and
connect with older adults.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
Ms. Jaeckle expressed appreciation for all of the work being
done for older Americans and presented the executed
resolutions to the student winners of the essay contest.
Each student expressed appreciation to their older adult role
models, who inspired their essays.
5.C. RECOGNIZING MAJOR KARL S. LEONARD, POLICE DEPARTMENT,
UPON HIS RETIREMENT
Colonel Dupuis introduced Major Karl S. Leonard, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Major Karl S. Leonard retired from the
Chesterfield County Police Department on April 1, 2012, after
providing 30 years of quality service to the citizens of
Chesterfield County; and
WHEREAS, Major Leonard has faithfully served the county
in the capacity of Police Officer, Polygraph Officer,
Investigator, Sergeant, Lieutenant, Captain and Major; and
WHEREAS, Major Leonard has served as a Field Training
Officer, Breathalyzer Operator, DCJS Instructor and Crash
Team Investigator, as well as being a member of the Special
weapons and Tactics Team, Special Response Unit, and Marine
Patrol; and
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WHEREAS, Major Leonard was awarded the Police Star in
1988 for exceptional performance of duty during an armed
conflict in Petersburg; while attempting to apprehend an
extremely dangerous, barricaded felon who had already
seriously wounded two Petersburg Officers, Investigator
Leonard performed the placement of the chemical agents used
during the operation, exposing himself to possible hostile
gunfire several times, and his actions signified bravery and
professionalism in the performance of his duty; and
WHEREAS, Major Leonard was the 1993 recipient of the
Mason T. Chalkley Supervisor Concern for People Award, and
was selected as the Police Department's Employee of the Year
in 1996; and
WHEREAS, Major Leonard was the recipient of a Chief's
Commendation Award for his performance and .devotion of duty
while investigating an extensive fraud and embezzlement case
involving the loss of $400,000 to the business community, and
his superior investigative skills, thoroughly documented case
file and relentless search for the two suspects led to their
arrest, conviction and to restitution to their victims; and
WHEREAS, Major Leonard received a Certificate of
Achievement for his role as a member of the Accreditation
Team that was tasked with preparing the Police Department for
Virginia Accreditation, which was an arduous task requiring
interpersonal and administrative skills, attention to detail,
tenacity and patience, and the team's work resulted in the
department becoming fully accredited; and
WHEREAS, Major Leonard is
Academy, TQI University and
Examiners Advisory Board for
and
a graduate of the FBI National
is a member of the Polygraph
the Commonwealth of Virginia;
WHEREAS, Major Leonard was the first commander of the
South District station; and
WHEREAS, Major Leonard is recognized for his
professional attitude, communications and human relations
skills and his attention to detail, which he has utilized
within the Police Department and in assisting citizens of
Chesterfield County; and
WHEREAS, Major Leonard has received numerous letters of
commendation, thanks and appreciation during his career from
the citizens of Chesterfield County for service rendered; and
WHEREAS, Major Leonard has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Major Leonard's diligent service.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of April 2012,
publicly recognizes Major Karl S. Leonard, and extends on
behalf of its members and the citizens of Chesterfield
County, appreciation for his service to the county,
congratulations upon his retirement, and best wishes for a
long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Major Leonard, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
Ms. Jaeckle presented the executed resolution to Major
Leonard and commended him for his many years of loyal and
dedicated service.
Major Leonard, who was accompanied by his family, expressed
appreciation for the honor of serving Chesterfield County.
Mr. Stegmaier presented Major Leonard with an acrylic statue
and county watch and expressed appreciation for his
outstanding service to the county.
Mr. Elswick commended Major Leonard for his faithful and
diligent work ethic.
Mr. Holland expressed his appreciation for Major Leonard's
dedicated service to the county and wished him a happy
retirement.
6. WORK SESSIONS
There were no Work Sessions at this time.
7. DEFERRED ITEMS
7.A. STREETLIGHT INSTALLATION REQUEST AT THE ENTRANCE TO THE
OAK HILL ESTATES SUBDIVISION
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved the following streetlight installation:
Matoaca District
• In the Oak Hill Estates subdivision, at the intersection
of Oak River Drive and River Road.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment to the Camp Baker
Management Board.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.A.1. CAMP BAKER MANAGEMENT BOARD
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
simultaneously nominated/appointed/reappointed Mr. William
Collie, representing the Chester Civilian Club, Mr. William
Poole, representing the Greater Richmond ARC Board, Mr.
Michael "Mick" Simms, representing the Matoaca District,
(whose terms are effectively immediately and expire April 30,
2015), and Mr. Vincent Burgess, representing the Clover Hill
District, (whose term is effective immediately and expires
April 30, 2013) to serve on the Camp Baker Management Board.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8.B.i.a. RECOGNIZING MAY 13-19, 2012, AS "NATIONAL LAW
ENFORCEMENT WEEK"
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, one of Chesterfield County's seven strategic
goals is "to be the safest and most secure community compared
to similar jurisdictions"; and
WHEREAS, no community goal is more precious and vital
than the safety of family, self and others whom we hold dear;
and
WHEREAS, the dedication, steadfastness and bravery of
our law enforcement teams that operate in Chesterfield County
are well known as they provide essential services to all
citizens; and
WHEREAS, this service, provided 24 hours a day and 365
days a year, is the keystone upon which our quality of life
rests; and
WHEREAS, since the first known line-of-duty death in
1791, more than 19,000 law enforcement officers have made the
ultimate sacrifice. Almost 1,800 law enforcement officers
died in the line of duty during the past 10 years, an average
of one death every 53 hours or 163 per year.
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WHEREAS, the week of May 13-19, 2012, is recognized
across the country as "National Law Enforcement Week" and
will honor the 6 Virginia law enforcement officers and the
164 national law enforcement officers who gave their lives in
2011 in the line of duty; and
WHEREAS, Chesterfield County is grateful and honored to
have such outstanding and professional individuals serving as
law enforcement officers in the county to protect the health,
safety and welfare of its citizenry.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes the week of May
13-19, 2012, as "National Law Enforcement Week" in
Chesterfield County and calls this recognition to the
attention of all its citizens, as well as publicly salutes
the service of law enforcement officers in our community.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.l.b. RECOGNIZING MAY 3, 2012, AS "NATIONAL DAY OF
PRAYER" IN CHESTERFIELD COUNTY
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, National Days of Prayer have been a part of our
country's. heritage since they were declared by the First
Continental Congress in 1775; and
WHEREAS, this year's observance of the National Day of
Prayer will be held May 3, 2012, as mandated by both houses
of Congress and by our President; and
WHEREAS, leaders of our nation have relied upon the
power of prayer throughout American history; and
WHEREAS, we as a nation give thanks for the freedoms we
enjoy and pray that the Commonwealth of Virginia and its
people will continue to be blessed and protected from those
who threaten democracy; and
WHEREAS, this year's National Day of Prayer theme is
"One Nation Under God"; and
WHEREAS, it is appropriate that we acknowledge our
Creator and call upon Him in prayer.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes May 3, 2012, as
"National Day of Prayer" in Chesterfield County, and urges
citizens to observe this day in ways appropriate to its
importance and significance.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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8.B.l.c. RECOGNIZING MAY 20-26, 2012, AS "NATIONAL EMERGENCY
MEDICAL SERVICES WEEK"
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, providing emergency medical services is a vital
public function; and
WHEREAS, the members of emergency medical services are
ready to provide high quality lifesaving care to those in
need twenty four hours a day, seven days a week; and
WHEREAS, immediate access to high quality emergency care
dramatically improves the survival and recovery rate of those
who experience sudden illness or injury; and
WHEREAS, injury prevention and the appropriate use of
the EMS system will help reduce national health care costs;
and
WHEREAS, the emergency medical service is comprised of
emergency physicians, emergency nurses, emergency medical
technicians, paramedics, firefighters, communications
officers, educators, administrators and others; and
WHEREAS, working together, Chesterfield County's
emergency crews responded to more than 26,000 medical
emergencies in 2011, representing countless hours of
dedicated service to the community; and
WHEREAS, the members of emergency medical services,
whether career or volunteer, engage in many hours of
specialized training and continuing education to enhance
their lifesaving skills; and
WHEREAS, the residents and guests of Chesterfield County
benefit daily from the knowledge, skills, and dedication of
these highly trained individuals; and
WHEREAS, it is appropriate to recognize the value and
the accomplishments of the emergency medical services
providers from Chesterfield Fire and EMS, Defense Supply
Center Richmond, Chesterfield County's Emergency
Communications Center, and the volunteer rescue squads of
Bensley-Bermuda, Ettrick-Matoaca, Forest View, and
Manchester.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the week of May 20-26,
2012, as "Emergency Medical Services Week."
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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8.B.l.d. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.B.1.d.1. MR. EDWARD ROBINSON, JR., DEPARTMENT OF MENTAL
HEALTH SUPPORT SERVICES
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Mr. Edward Robinson Jr. retired on February 29,
2012, after providing more than twenty-three years of
dedicated and faithful service to the citizens of
Chesterfield County; and
WHEREAS, Mr. Robinson began his career with the
Chesterfield County Department of Mental Health Support
Services in the Residential Services Division on October 31,
1988, as Residential Counselor at the Stella Court program
and also served as a Residential Counselor at several other
program sites; and
WHEREAS, in 1995,. Mr. Robinson accepted a position in
Residential Services, where he served as a Residential
Supervisor until 2000 when he accepted a position as Senior
Residential Supervisor at North Arch and then in 2006
accepted the position of Program Services Supervisor; and
WHEREAS, Mr. Robinson served as a member of the
Supervisory Leadership Team and was a member of many of the
work teams within Intellectual Disabilities Residential
Services and Mental Health Support Services that included the
Diversity Advisory Group, the Behavior Management Team, Red
Cross and American Heart instructors team, Employee Relations
Committee, Health and Safety Committee, and Activity
Committee; and
WHEREAS, Mr. Robinson was involved whenever a fishing
trip or beach trip was planned for the consumers served by ID
Residential Services; and
WHEREAS, Mr. Robinson provided first-class customer
service to many consumers and families at numerous program
locations when positions have been vacant; and
WHEREAS, Mr. Robinson utilized his many skills and
talents with developing, coordinating and participating in
many Black History Month celebrations and diversity
celebrations over the years; and
WHEREAS, under the professional leadership of Mr.
Robinson, numerous residential staff were trained in multiple
programs to work with a diverse group of consumers; and
WHEREAS, Mr. Robinson collaborated with peers to ensure
that staff shortages were covered and training needs met; and
WHEREAS, Mr. Robinson responded professionally to all
requests from staff, peers and supervisor.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Mr. Edward Robinson, Jr., and extends appreciation for his
twenty-three years of dedicated service to the county,
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congratulations upon his retirement, and best wishes for a
long and happy retirement.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.1.d.2. MS. GAYLE LIVINGSTON, DEPARTMENT OF MENTAL HEALTH
SUPPORT SERVICES
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Ms. Gayle Livingston has provided more than 15
years of dedicated and faithful service to Chesterfield
County; and
WHEREAS, Ms. Livingston began her career with the
Chesterfield County Department of Mental Health Support
Services on March 24, 1997, as a part-time Senior Office
Assistant in the Medical Services area and assisted the Human
Resources area with overflow work; and
WHEREAS, Ms. Livingston was promoted to full-time Human
Resources Technician on October 18, 1999, and reclassified to
Senior Human Resources Technician on October 9, 2004; and
WHEREAS, Ms. Livingston's dedication to continuous
education is evidenced by the numerous Chesterfield
University training classes she completed, participating in
TQI courses and embodying those traits in her everyday work;
earning the "Principles of Human Resources Management
Certificate" in 2008; enhancing her computer skills; and when
internal classes were unavailable in areas to broaden other
skill areas, she sought out external training; and
WHEREAS, Ms. Livingston has been recognized over the
years, with KUDOS too numerous to count, for her exceptional
customer service skills, teamwork, continuous improvement,
employee involvement, ethical behavior and open
communications, and has received feedback from staff and
management on her responsiveness to requests,
approachability, detailed responses and seeking cost-saving
measures; and
WHEREAS, Ms. Livingston was Mental Health Support
Services Employee of the year in 2001; and
WHEREAS, Ms. Livingston served as the department's HRM
liaison, becoming an expert on the IFAS system, and worked
closely with HRM staff as the IFAS system was coming on-line,
making suggestions for improvements as an excellent user of
the system, for which she was recognized; and
WHEREAS, Ms. Livingston worked with various supervisors
and managers to help them in recruiting staff for their
programs, always assisting them to expedite the process; and
WHEREAS, Ms. Livingston developed processes and
procedures that assist with the hiring of interns, doctors
and volunteers and also developed an extensive database to
capture training for all staff; and
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WHEREAS, Ms. Livingston enhanced the process to ensure
staff have TB testing within the time frame required and
ensure compliance with Hepatitis vaccine paperwork; and
WHEREAS, Ms. Livingston
Committee, coordinating events
special events.
led the Employee Relations
such as all-staff meetings and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Ms. Gayle Livingston, and extends appreciation for her 15
years of dedicated service to the county, congratulations
upon her retirement, and best wishes for a long and happy
retirement.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.1.d.3. LIEUTENANT JOHN T. ASHWORTH, III, POLICE
DEPARTMENT
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Lieutenant John T. Ashworth, III, will retire
from the Chesterfield County Police Department on June 1,
2012, after providing more than 32 years of quality service
to the citizens of Chesterfield County; and
WHEREAS, Lieutenant Ashworth has faithfully served the
county in the capacity of Police Officer, Investigator,
Sergeant and Lieutenant; and
WHEREAS, Lieutenant Ashworth has also served in the
capacity of a Field Training Officer, Evidence Technician,
Shift Field Training Sergeant, Shift Lead Sergeant, and Off-
Duty Administrative Sergeant; and
WHEREAS, during his tenure with the Chesterfield County
Police Department, Lieutenant Ashworth has served diligently
throughout the department, including the Uniform Operations
Bureau, Investigations Bureau, Operational Support Bureau,
Support Services Division and the Office of Professional
Standards; and
WHEREAS, while employed with the private sector,
Lieutenant Ashworth, still dedicated to law enforcement,
volunteered his time to the department as a Special Police
Officer during the years 1983-1984; and
WHEREAS, Lieutenant Ashworth was the recipient of a
Chief's Commendation award for his professionalism and
diligence that led to the identification and arrests of a
violent rape suspect; and
WHEREAS, Lieutenant Ashworth was a member of the Police
Department's first Special Weapons and Tactics Team; and
WHEREAS, Lieutenant Ashworth made significant
contributions to numerous Police committees and boards during
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his career, most notably serving as Chairperson of the
Criminal Justice Initiative, as well as the Safe. and Sober
Youth Committees; a member of the Chesterfield County
Domestic Violence Task Force; Safe Communities Committee and
Chesterfield County School Safety Committee; and serving on
the promotional assessment panels for the counties of Henrico
and Prince William; and
WHEREAS, Lieutenant Ashworth is recognized for his
communications and human relations skills, which he has
utilized in an exemplary manner within the Police Department
and in assisting citizens of Chesterfield County; and
WHEREAS, Lieutenant Ashworth has received numerous
letters of commendation, thanks and appreciation from the
citizens of Chesterfield County for service rendered; and
WHEREAS, Lieutenant Ashworth has provided the
Chesterfield County Police Department with many years of
loyal and dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Lieutenant Ashworth's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Lieutenant John T.
Ashworth, III, and extends on behalf of its members and the
citizens of Chesterfield County, appreciation for his service
to the county, congratulations upon his retirement, and best
wishes for a long and happy retirement.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.l.e. SUPPORTING THE INSTALLATION OF SIGNS ADVISING OF AN
ADDITIONAL MAXIMUM $200 FINE FOR EXCEEDING THE
POSTED SPEED LIMIT ON TELSTAR DRIVE
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors
has received a request from residents on Telstar Drive to
install signs on Telstar Drive (Route 788) indicating a
maximum additional fine for speeding of $200, in addition to
other penalties provided by law; and
WHEREAS, Telstar Drive is a local residential street
with a posted speed limit of 25 mph; and
WHEREAS, the Virginia Department of Transportation
collected speed data on Telstar Drive indicating that the
85th percentile speed of vehicles was over 30 miles per hour,
and that a speeding problem exists; and
WHEREAS, the residents along Telstar Drive submitted a
Petition to the County Transportation Department indicating
that the increased fine has the support of the community.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors requests the Virginia Department of
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Transportation to install signs advising of an additional
maximum $200 fine for exceeding the posted speed limit on
Telstar Drive.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.l.f. RECOGNIZING THE 2012 COSBY HIGH SCHOOL GIRLS INDOOR
TRACK TEAM FOR ITS OUTSTANDING REPRESENTATION OF
CHESTERFIELD COUNTY
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, participation in high school sports has long
been an integral part of Chesterfield County's educational,
physical and emotional development for students; and
WHEREAS, Mr. Brian Still, coach of the Cosby High School
Girls Indoor Track Team, completed his sixth year as Head
Coach; and
WHEREAS, Coach Still was named the Girls Indoor Track
Coach of the Year in the Dominion District and the Central
Region; and
WHEREAS, under Mr. Still and his staff's guidance and
direction, the 2012 Cosby High School Lady Titans were the
Dominion District Champions, the Central Region Champions and
the VHSL Group AAA State Champions; and
WHEREAS, the team members include Megan Moye, Alexandria
Moseley, De'Nisha Smith, Molly Novak, Gina D'Orazio, Jaden
Metzger, Alaina Redd, Elena Wirz, Kate Birnbaum, Logan
Edwards, Kailee Parynik, Alexandra Goin; and
WHEREAS, team members and relay teams were recognized
with State Champion awards, and Megan Moye, Jayden Metzger,
Alaina Redd, Elena Wirz, De'Nisha Smith, Gina D'Orazio, Molly
Novak and Alexandria Moseley were recognized with All
American Honors.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the 2012 Cosby High
School Girls Indoor Track Team for its outstanding
representation of Chesterfield County.
AND, BE IT FURTHER RESOLVED that the. Board of
Supervisors, on behalf of the citizens of Chesterfield
County, commends the 2012 Cosby High School Lady Titans for
their commitment to excellence and sportsmanship and hereby
express their best wishes for continued success.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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8.B.l.g. RECOGNIZING APRIL 27, 2012, AS "ARBOR DAY" IN
CHESTERFIELD COUNTY
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, one of Chesterfield County's strategic goals is
"To be responsible protectors of the environment"; and
WHEREAS, understanding and respecting the plants and
animals that are integral to our natural environment are part
of that commitment to caring for our planet; and
WHEREAS, in 1872, Sterling Morton proposed to the
Nebraska Board of Agriculture that a special day be set aside
for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first
observed with the planting of more than a million trees in
Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation
and the world; and
WHEREAS, trees can reduce the erosion of our precious
topsoil by wind and water, cut heating and cooling costs,
moderate the temperature, clean the air, produce life-giving
oxygen, and provide habitats for wildlife; and
WHEREAS, trees are a renewable resource giving us paper,
wood for our homes, household cleaners, fruits and nuts, fuel
for our fires and countless other wood products; and
WHEREAS, trees in our county increase property values,
enhance the economic vitality of business areas, and beautify
our community; and
WHEREAS, trees, wherever they are planted, are a sign of
appreciation and caring for our natural environment.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes April 27, 2012, as
"Arbor Day" in Chesterfield County, urges Chesterfield County
residents to celebrate Arbor Day and support efforts to
protect our trees and woodlands, and to plant trees to care
for the environment and promote the well-being of this and
future generations.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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8.B.2. APPROPRIATION OF ONE-TIME FEDERAL BLOCK GRANT FUNDS
AWARDED TO THE CHESTERFIELD COMMUNITY SERVICES BOARD
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
appropriated $111,960 of one-time federal block grant funds
awarded to the Chesterfield Community Services Board, for
specific purposes as outlined in the papers of this Board.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.3. ACCEPTANCE OF PARCELS OF LAND
8.B.3.a. ALONG OLD HUNDRED ROAD FROM HAROLD F. LEACH AND
JACQUELINE T. LEACH
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
accepted the conveyance of a parcel of land containing 0.090
acres along Old Hundred Road (State Route 652.) from Harold F.
Leach and Jacqueline T. Leach, and authorized the County
Administrator to execute the deed. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.3.b. ALONG OLD HUNDRED ROAD FROM ROBERT L. BAUGHAN AND
DIANE D. BAUGHAN
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
accepted the conveyance of a parcel of land containing 0.037
acres along Old Hundred Road (State Route 652) from Robert L.
Baughan and Diane D. Baughan, and authorized the County
Administrator to execute the deed. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.3.c. FOR PROPOSED BOULDERS SPRING DRIVE/SPRING ROCK
GREEN ROAD FROM BIRCHWOOD AT BOULDERS
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
accepted the conveyance of a parcel of land containing 0.141
acres for the proposed Boulders Spring Road/Spring Rock Green
Road from Birchwood at Boulders LLC and authorized the County
Administrator to execute the deed. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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8.B.3.d. ALONG OLD HUNDRED ROAD FROM ROBERT L. JOHNSON, JR.
AND PEGGY N. JOHNSON
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
accepted the conveyance of a parcel of land containing 0.058
acres along Old Hundred Road (State Road 652) from Robert L.
Johnson, Jr. and Peggy N. Johnson, and authorized the County
Administrator to execute the deed. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.3.e. ALONG OLD HUNDRED ROAD FROM MARTIN R. KERWIN AND
ANDREA L. KERWIN
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
accepted the conveyance of a parcel of land containing 0.008
acres along Old Hundred Road (State Route 652) from Martin R.
Kerwin and Andrea L. Kerwin, and authorized the County
Administrator to execute the deed. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.3.f. ALONG OLD HUNDRED ROAD FROM TROY ALLEN MITTEN AND
BETH B. MITTEN
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
accepted the conveyance of a parcel of land containing 0.042
acres along Old Hundred Road (State Route 652) from Troy
Allen Mitten and Beth B. Mitten, and authorized the County
Administrator to execute the deed. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.3.g.
GLORIA E. ROSE
LONG OLD HUNDRED ROAD FROM JOSEPH C. ROSE AND
On motion of, seconded by, the Board accepted the conveyance
of a parcel of land containing 0.068 acres along Old Hundred
Road (State Route 652) from Joseph C. Rose and Gloria E.
Rose, and authorized the County Administrator to execute the
deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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8.B.4. REQUESTS FOR PERMISSION
8.B.4.a. FROM THE BOULDERS OWNERS ASSOCIATION, INCORPORATED
TO MAINTAIN EXISTING BOULDERS SPRINGS DRIVE WITHIN
A COUNTY RIGHT OF WAY
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
granted The Boulders Owners Association, Inc. permission to
maintain existing Boulders Springs Drive within a county
right of way subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.4.b. FROM MARVIN L. EDWARDS AND LETITIA M. EDWARDS FOR A
FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE
EASEMENT ACROSS LOT 10, STONEY GLEN SOUTH, SECTION
TEN
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
granted Marvin L. Edwards and Letitia M. Edwards permission
for a fence to encroach within a 16' drainage easement across
Lot 10, Stoney Glen South, Section Ten, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.4.c. FROM BARBARA W. FURJANIC FOR A FENCE TO ENCROACH
WITHIN A TEN-FOOT EASEMENT ACROSS LOT 35, KRIM
POINT AT THE GROVE, SECTION 2
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
granted Barbara W. Furjanic permission for a fence to
encroach within a 10' easement across Lot 35, Krim Point At
The Grove, Section 2, subject to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.4.d. FROM ROBERT S. HUMPHRIES TO REMOVE STUMPS AND
MAINTAIN AN EXISTING FENCE AND GRAVEL DRIVEWAY
WITHIN A FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY
KNOWN AS OLD WELLS ROAD
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
granted Robert S. Humphries permission to remove stumps and
maintain an existing fence and gravel driveway within a 50'
unimproved county right of way known as Old Wells Road,
subject to the execution of a license agreement. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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8.B.4.e. FROM ROBERT C. SCHRUM, JR. TO USE ASPHALT PAVEMENT
WITHIN DODD PARK AND FOR AN ASPHALT DRIVEWAY TO
ENCROACH WITHIN A COUNTY RIGHT OF WAY IN CAMERON
FARM SUBDIVISION
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
granted Robert C. Schrum, Jr. permission to use an existing
driveway within Dodd Park at Point of Rocks and a county
right of way in Cameron Farm Subdivision, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.5. AWARD OF CONSTRUCTION CONTRACT FOR FALLING CREEK
WASTEWATER TREATMENT PLANT DISSOLVED AIR FLOTATION
THICKENERS REPLACEMENT
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
awarded a construction contract for County Project #11-0009,
Falling Creek Wastewater Treatment Plant dissolved air
floatation thickeners replacement to MEB General Contractors,
Inc. in the amount of $1,022,000.00, and authorized the
County Administrator to execute the necessary documents.
Ayes: Jaeckle., Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.6. REQUESTS TO QUITCLAIM
8.B.6.a. A PORTION OF A VARIABLE WIDTH DRAINAGE EASEMENT
(PRIVATE) AND A VARIABLE WIDTH DRAINAGE EASEMENT
(PUBLIC) ACROSS THE PROPERTY OF ECONOMIC
DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a variable width drainage easement (Private) and a
variable width drainage easement (Public) across the property
of Economic Development Authority of the County of
Chesterfield. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: -None.
Absent: Gecker.
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8.B.6.b. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS
THE PROPERTY OF SABRA DIPPING COMPANY, LLC
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16' water easement across the property of Sabra
Dipping Company, LLC. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.7. DESIGNATION OF A VIRGINIA DEPARTMENT OF
TRANSPORTATION DRAINAGE EASEMENT ALONG POWHITE
PARKWAY
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
designated a Virginia Department of Transportation drainage
easement along Powhite Parkway and authorized the County
Administrator to execute the declaration. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.8. INITIATION OF APPLICATION FOR CONDITIONAL USE
APPROVAL TO PERMIT CONTINUED OPERATION OF A BUSINESS
IN AN AGRICULTURAL DISTRICT, LOCATED ON IRONBRIDGE
ROAD
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
initiated an application for conditional use approval to
permit the continued operation of a business (contractor's
office) on property located at 5512 Iron Bridge Road (Tax ID
776-685-1845), in an Agricultural (A) zoning district, and
appointed Kirkland Turner, Director of Planning, as agent for
the Board of Supervisors for the purpose of this application
and waived disclosure.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.9. APPROVAL OF SUBORDINATION AGREEMENTS WITH AT&T AND
THE VIRGINIA DEPARTMENT OF TRANSPORTATION
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
authorized the County Administrator. to execute subordination
agreements with AT&T and VDOT, in substantially the form
filed with the papers of this Board and, acceptable to the
County Attorney, for state acceptance of roads with fiber
optic line encroachments. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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8.B.10. AUTHORIZATION OF CHANGE ORDERS FOR CONSTRUCTION OF
THE ROUTE 10 WIDENING (FRITH LANE TO GREENYARD ROAD)
BOND PROJECT
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
authorized the County Administrator to execute all necessary
change orders, up to $600,000, for the Route 10 Widening
(Frith Lane to Greenyard Road) Bond Project, and execute all
associated change order documents.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.11. APPROVAL OF LICENSES
8.B.ll.b. FOR VIRGINIA STATE UNIVERSITY TO PLANT AND MANAGE
A VINEYARD AT EPPINGTON
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
granted Virginia State University permission to plant and
manage a vineyard at Eppington, subject to the execution of a
license agreement. (It is noted a copy of the vicinity sketch
is filed with the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.12. DECLARATION OF COVENANTS WITH COLUMBIA GAS AND
STONEY GLEN LLC FOR WELLSPRING SUBDIVISION
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
authorized the County Administrator to execute a declaration
in substantially the form filed with the papers of this Board
with Columbia Gas and Stoney Glen LLC for the quitclaim of
gas easements for state acceptance of roads within Wellspring
Subdivision. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.13. STATE ROAD ACCEPTANCE
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, the street described below is 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
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
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NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
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: Harrowgate Meadows Section 3
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
• Harrmeadow Lane, State Route Number 7536
From: 0.01 miles west, Cougar Trail (Route 1177)
To: Cul-de-sac, a distance of: 0.23 miles.
Recordation Reference: PB 186, Pg 67
Right of Way width (feet) = 50
Ayes: Jaeckle, warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.14. SET DATE FOR PUBLIC HEARING TO CONSIDER THE FY2013-
FY2018 SECONDARY ROAD SIX-YEAR IMPROVEMENT PLAN AND
FY2013 SECONDARY ROAD IMPROVEMENT BUDGET
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
set May 23, 2012, as the date for a public hearing to
consider the FY2013-FY2018 Secondary Road Six-year
Improvement Plan and FY2013 Secondary Road Improvement
Budget.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.15. AWARD ARCHITECTURAL DESIGN CONTRACT TO RRMM
ARCHITECTS FOR THE DESIGN OF AN INTERMEDIATE CARE
FACILITY FOR THE COMMUNITY SERVICES BOARD
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
authorized the County Administrator to execute a design
contract with RRMM Architects in the amount of $215,471.50
for the design of an Intermediate Care Facility.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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8.B.16. APPROVAL OF A CONTRACT FOR THE PURCHASE OF THE
HISTORIC POINT OF ROCKS PROPERTY
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
approved a contract for the purchase of 4 parcels of land
containing approximately 29 acres from Crystal Monroe et al.
and Rebecca Walpole, appropriated and transferred county
funds for the purchase and preparation of the site,
appropriated and transferred all associated grant/matching
funds for the purchase, and authorized the County
Administrator to execute the associated real estate documents
and accept the Civil War Battlefield Land Acquisition Grant,
if awarded.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.17. APPROVAL OF AMENDMENTS TO THE CHESTERFIELD COUNTY
SUPPLEMENTAL RETIREMENT PLAN
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
approved amendments to the Chesterfield County Supplemental
Retirement Plan as outlined in the papers of this Board.
Ayes: Jaeckle, warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
8.B.18 REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR
CHESTERFIELD BERRY FARM'S MUSIC FESTIVAL SERIES ON
SATURDAYS AND SUNDAYS FROM APRIL 28, 2012 THROUGH
JUNE 1, 2012
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
granted a music/entertainment festival permit for
Chesterfield Berry Farm's Music Festival Series on Saturdays
and Sundays from April 28, 2012 through June 1, 2012.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
On motion of Mr. Holland, seconded by Mr. Elswick, the
following item was removed from the Consent Agenda for public
comment:
8.B.ll.a. FOR CHESTER COMMUNITY ASSOCIATION TO OPERATE
COMMUNITY GARDENS AT CHESTER HOUSE
Mr. Mark Fausz, President of the Chester Community
Association, thanked the Board for their support of the
Community gardens.
Ms. Jaeckle expressed her appreciation to the Chester
Community Association for their innovative efforts.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
granted Chester Community Association permission to operate
community gardens at Chester House, subject to the execution
of a license agreement approved by the County Attorney.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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8.C. AMENDMENTS TO THE FY2013-FY2014 BIENNIAL FINANCIAL PLAN
Mr. Carmody provided a summary of the revisions to the
FY2013-FY2014 Biennial Financial Plan. He stated the adopted
county plan included unanswered questions regarding the exact
structure of the changes to the Virginia Retirement System
(VRS) , the extent of additional state support for the school
system and the resource arrangement for Greater Richmond
Transit Company (GRTC) bus routes 81 and 82. He stated all
local government employees will be required to begin paying a
portion of their pension costs; the school division will
receive a net increase in state funding of approximately $3.0
million; and the Commonwealth will contribute a one-time sum
of $268,000 towards the operation of routes 81 and 82,
pending a corresponding local match. In regards to the
Virginia Retirement System, employees would pay five percent
of their VRS benefit - offset by a salary increase which
would leave their annual, take-home pay unchanged, in
addition, the previously identified school funding gap
(approximately $5.3 million) would be reduced by the
supplemental state funds with the remaining shortfall filled
by local revenue. He further stated given that added support
for education, there would be available funds for the GRTC
match, while staff works diligently to craft a more permanent
solution for FY2014 and beyond. He stated the budget adopted
in March contains sufficient funds for a one-percent
performance-based merit for eligible employees in addition to
the 5.7 percent VRS offset.
Mr. Holland commended Mr. Carmody, his staff and Mr.
Stegmaier for an outstanding job.
Mr. Elswick inquired about plans to address the GRTC transit
system issue in the future.
Ms. Jaeckle expressed her appreciation Mr. Carmody and his
staff for their continued hard work.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted amendments to the FY2013-FY2014 Biennial Financial
Plan and Appropriations Resolutions as outlined in the papers
of this Board.
Ayes: Jaeckle,
Nays: None.
Absent: Gecker.
9. REPORTS
Warren, Holland and Elswick.
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; and a Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
11. DINNER
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
recessed to Room 502, for dinner.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
Reconvening:
Ms. Jaeckle called the evening session to order. She stated
Mr. Gecker was not in attendance due to illness.
12. INVOCATION
Mr. Bill Dueler, Deputy County Administrator, gave the
invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Michael Shane McClaskie led the Pledge of
Allegiance.
14. RESOLUTIONS
14.A. RECOGNIZING THE CONTRIBUTIONS OF THE ASIAN AMERICAN
SOCIETY OF CENTRAL VIRGINIA
Mr. Kappel introduced the members of the Asian American
Society of Central Virginia who were present to receive the
resolution.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Chesterfield County, Virginia is a local
government committed to fostering cultural diversity in its
employees and in the populace; and
WHEREAS, the county conducts and hosts events and
programs throughout the year to celebrate the richness that
the history and traditions of many other cultures bring to
Chesterfield County and the region; and
WHEREAS, the county is proud to be the home of the
Cultural Center of India and the Swaminarayan Temple, as well
as numerous other churches and centers important to the
various Asian communities; and
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WHEREAS, Chesterfield County has partnered with the
Asian American Society of Central Virginia since 1999 on
numerous cultural projects and events; and
WHEREAS, the Asian American Society of Central Virginia
has partnered with the Red Cross in helping to collect funds
specifically for disaster victims overseas and is currently
partnering with Virginia Commonwealth University's Department
of Social Work on a needs assessment survey of the Asian
community in the Richmond Metropolitan area; and
WHEREAS, the Asian American Society of Central Virginia
has participated in regional events hosted by the Children's
Museum of Virginia, the National Folk Festival, Lewis Ginter
Botanical Garden, The Science Museum, the Virginia Museum of
Fine Arts, and Chesterfield and Henrico counties; and
WHEREAS, Chesterfield County commends the Asian American
Society of Central Virginia for the manner in which it brings
together and represents the many different Asian communities
in Central Virginia; and
WHEREAS, the Asian American Society of Central Virginia
will conduct the 15th Annual Asian American Celebration on
Saturday, May 5, 2012, at the Greater Richmond Convention
Center; and
WHEREAS, Chesterfield County supports this event and the
many other fine efforts by the Asian American Society of
Central Virginia to educate the public about Asian culture
and the contributions of all Asian Americans to Central
Virginia and the United States of America.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of April 2012,
publicly recognizes the many contributions of the Asian
American Society of Central Virginia, extends best wishes for
a successful 15th annual celebration, and wishes the
organization's members continued success in all their
endeavors.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
Mr. Warren presented the executed resolution to the members
of the Asian American Society of Central Virginia and wished
them success on their upcoming celebration.
Members of the Asian American Society of Central Virginia
thanked the Board for the recognition. ,
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14.B. RECOGNIZING MR. BRUCE V. VECCHIONI, FOR HIS SERVICE AS
DISTRICT CHIEF OF THE ENON VOLUNTEER FIRE DEPARTMENT
Chief Senter introduced Mr. Bruce V. Vecchioni, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mr. Bruce V. Vecchioni served as District Chief
of the Enon Volunteer Fire Department for 28 years; and
WHEREAS, Mr. Vecchioni has faithfully served the
citizens of Chesterfield County in various ranks within the
Chesterfield. Fire and Emergency Medical Services Department
for 40 years; and
WHEREAS, Mr. Vecchioni was recognized with four Life
Save Awards and fourteen Unit Citations and was recognized by
the Virginia Senate, the Virginia House of Delegates, and
Chesterfield Board of Supervisors for risking his life to
rescue a citizen from a vehicle accident in a flooded creek;
and
WHEREAS, Mr. Vecchioni faithfully served as President of
the Chesterfield Volunteer Chiefs Association for five years
and has served on committees that developed training
standards, officer standards, volunteer recruitment, and the
Fire and Emergency Communications Workgroup; and
WHEREAS, Mr. Vecchioni has received two resolutions from
the Chesterfield Board of Supervisors for outstanding
performance and has provided the leadership, which enabled
Enon Volunteer Fire Department to be selected as the
Volunteer Company of the Year 28 times; and
WHEREAS, Mr. Vecchioni was instrumental in purchasing
the first Fire Boat in the region; the design of brush units,
which included obtaining grant funding to purchase Brush 6;
and successfully solicited funding contributions for project
construction at the Enon Training Facility; and
WHEREAS, Mr. Vecchioni was long recognized as an
important asset with rural water supply operations, as well
as industrial firefighting; and
WHEREAS, Mr. Vecchioni continues his service as an
operational member of the Enon Volunteer Fire Department.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of April 2012,
publicly recognizes the contributions of Mr. Bruce V.
Vecchioni as District Chief, expresses the appreciation of
all residents for his continued service to the county, and
extends their appreciation for his dedicated service as
District Chief.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Vecchioni, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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Ms. Jaeckle presented the executed resolution to Mr.
Vecchioni and commended him for his service to the county as
District Chief.
Mr. Vecchinoi expressed his appreciation to the Board for the
recognition.
14.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE
SCOUT
Mr. Kappel introduced Mr. Grayson Thomas Lewis, Mr. Geoffrey
Thomas Gelozin, Mr. Michael Shane McClaskie, Mr. Adam Richard
Nasi, Mr. John Matthew Proffer, Mr. Cole Patrick Dwyre, Mr.
Eric Michael Kencel and Mr. Vance Lawrence Solseth, who were
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Grayson Thomas
Lewis, Troop 800, sponsored by Bethel Baptist Church; Mr.
Geoffrey Thomas Gelozin and Mr. Michael Shane McClaskie, both
of Troop 1891, sponsored by Bon Air United Methodist Church;
and Mr. Adam Richard Nasi, Mr. John Matthew Proffer, Mr. Cole
Patrick Dwyre, Mr. Eric Michael Kencel and Mr. Vance Lawrence
Solseth, all of Troop 2815, sponsored by Chester 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, Grayson, Geoffrey, Shane, Adam, John, Cole, Eric and
Vance 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 25th day of April 2012,
publicly recognizes Mr. Grayson Thomas Lewis, Mr. Geoffrey
Thomas Gelozin, Mr. Michael Shane McClaskie, Mr. Adam Richard
Nasi, Mr. John Matthew Proffer, Mr. Cole Patrick Dwyre, Mr.
Eric Michael Kencel and Mr. Vance Lawrence Solseth, extends
congratulations on their attainment of Eagle Scout, and
acknowledges the good fortune of the county to have such
outstanding young men as its citizens.
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Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
Ms. Jaeckle and Mr. Holland 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
others for their support.
14.D. RECOGNIZING APRIL 21-22, 2012, AS "CHESTERFIELD COUNTY
CLASSICS WEEK"
Mr. Kappel introduced members of the Midlothian High School
Latin Club who were present to receive the resolution.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the National Junior Classical League was
founded in 1936 to promote the study of Latin and Greek
languages, literature, government and culture among high
school students; and
WHEREAS, throughout Chesterfield County, there are
several chapters of the Junior Classical League, comprised of
middle and high school Latin, Greek, and Classics pupils; and
WHEREAS, the Virginia Junior Classical League is a long-
time affiliate of the American Classical League, founded in
1919 for the purpose of fostering the study of classical
languages in the United States and Canada; and
WHEREAS, Chesterfield County's Junior Classical League
chapters are tangibly involved in the educational needs of
their student members and are committed to a better future
for their students and the community, through active
participation in service and outreach projects;. and
WHEREAS, Chesterfield County's Junior Classical League
members believe that the Classics continue to hold a vital
and significant place in today's culture, and the
Chesterfield Junior Classical League chapters, comprised of
students and teachers, believe that continued emphasis on the
study of the Classics is essential, if appreciation of the
Classics in language, arts, and Western culture is to remain
strong and valuable; and
WHEREAS, "Chesterfield County Classics Week" is held in
commemoration of the traditional anniversary of the founding
of ancient Rome; and
WHEREAS, Chesterfield County recognizes the relevance of
Classical culture upon its own unique history, the wide
interest that countless Chesterfield citizens hold for the
Classics, and the advantages that a study of the Classical
world offers to all students.
11-264
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of April 2012,
publicly recognizes April 21-27, 2012, as "Chesterfield
County Classics Week," and calls this observance to the
attention of its citizens.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
Ms. Jaeckle presented the executed resolution to members of
the Midlothian High School Latin Club and commended them both
for their service to the community.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 18
12RW0142
In Bermuda Magisterial District, Wilton Family Investments,
LLC 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 the tributary of Great Branch Creek as a result
of grading and construction related to buildings, road
network, parking and associated appurtenances. The property
is located at 5011 Ecoff Avenue, which is within the Proctors
Creek drainage basin. Tax ID 784-654-3844.
Mr. Turner stated the applicant has withdrawn the request.
Mr. Breenan Keene, representing the applicant, stated the
applicant is withdrawing Case 12RW 0142 from consideration by
the Board.
The Board acknowledged the withdrawal of Case 12RW0142.
12RW0147
In Midlothian Magisterial District, Twin Creek Properties,
LLC, 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 a tributary to Michaux Creek as a
result of grading for construction related to buildings and
the stormwater management facility. The property is located
at 14700 Bridge Creek Drive, which is within the Michaux
Creek drainage basin. Tax IC 719-712-7932.
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Mr. Turner stated Mr. Gecker has requested a 30-day deferral
of Case 12RW0147.
Mr. Andy Scherzer acknowledged the deferral request.
Ms. Jaeckle called for public comment.
No one came forward to speak to the deferral.
Ms. Jaeckle made a motion, seconded by Mr. Holland, for the
Board to defer Case 12RW0147 until May 23, 2012.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
~~cun~n~
(Amended) In Midlothian Magisterial District, Holiday Signs
c/o Allen M. Twedt requests conditional use approval and
amendment of zoning district map to permit a computer-
controlled, variable message, electronic sign in a General
Business (C-5) District on .5 acre known as 11665 Midlothian
Turnpike. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general commercial use. Tax ID
739-708-6141.
Mr. Turner stated Mr. Gecker has requested a 30-day deferral
of Case 12SN0105.
Mr. Allen Twedt accepted the deferral.
Ms. Jaeckle called for public comment.
No one came forward to speak to the deferral.
Mr. Elswick made a motion, seconded by Mr. Holland, for the
Board to defer Case 12SN0105 until May 23, 2012.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
12SN0179
In Dale Magisterial District, MEM Victoria Realty SPE LLC
requests amendment of conditional use planned development
(Case 85SN0013) and amendment of zoning district map relative
to uses in a Community Business (C-3) District on 34.5 acres
fronting in three (3) places for a total of 1270 feet on the
south line of Hull Street Road, across from Woodsong Drive,
also fronting 1050 feet on the east line of Genito Road,
across from Stigall Way. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for light commercial,
office and medium density residential use of 1.51 to 4.0
units/acre. Tax ID 745-684-2807.
11-266
Mr. Turner presented a summary of Case 12SN0179 and stated
both the Planning Commission and staff recommended approval
subject to one condition.
Mr. Ryan Williams, representing the applicant, accepted the
condition.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
approved Case 12SN0179, subject to the following condition:
With the approval of this request, Condition 17 of Case
855013 shall be deleted. All other conditions of Case 855013
shall remain in force and effect. (P)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
~~~Nnia~
In Matoaca Magisterial District, Chesterfield County
Utilities Department requests conditional use approval and
amendment of zoning district map to permit above-ground
utilities structures (water storage tank and pumping station)
and communications tower use plus conditional use planned
development to permit exceptions to Ordinance requirements in
an Agricultural (A) District on 1.3 acres fronting 37 feet on
the south line of River Road, 1210 feet east of Winfree
Avenue. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 1.0 or less
units/acre. Tax ID 797-611-Part of 8599.
Mr. Turner presented a summary of Case 12SN0185 and stated
both the Planning Commission and staff recommended approval
subject to one condition and acceptance of the proffered
conditions.
Mr. Bill Wright, representing the applicant, accepted the
recommendation.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
approved Case 12SN0185, subject to the following condition:
In conjunction with the approval of this request, a twenty-
five (25) foot exception to the 150 foot height limitation
for the water storage tank and communications tower use shall
be approved. (P)
And, further, the Board accepted the following proffered
conditions:
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1. All mechanical equipment located on or associated with
any building or structure shall be screened from
adjacent properties and public rights-of-way in
accordance with Emerging Growth District standards. This
condition shall not require screening for the tank
structure or communications antenna. (P)
2. The water tank shall be secured by a minimum eight (8)
foot high fence designed to preclude trespassing. (P)
3. There shall be no signs permitted to identify the water
tank or communications tower use. (P)
4. The communications tower use shall only be permitted if
it is incorporated into the structure of the water
storage tank. Equipment and cables shall be mounted so
as to minimize their visual impact, and antenna shall be
mounted on the top of the tank. (P)
5. The water storage tank shall be white, grey or another
neutral color, acceptable to the Planning Department.
The communications equipment (antennas, mounting
hardware, cables, etc.) mounted on the outside of the
water tank structure shall be the same or similar color
as the tank. Except for security lighting over the
access doors at the base of the tank, the tank and
communications equipment shall not be lighted. (P)
6. At such time that any communications antenna or
equipment ceases to be used for communications purposes
for a period exceeding twelve (12) consecutive months,
the owner/developer of the communications tower use
shall dismantle and remove the antennas and all
associated equipment from the property. (P)
7. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved erosion control devices have been
installed. (EE)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
12SN4188
In Bermuda Magisterial District, Henry & Agnes Brankley
request manufactured home approval and amendment of zoning
district map to permit a temporary manufactured home in a
Residential (R-7) District on .4 acre known as 10514 Ramona
Avenue. Density is approximately 2.5 units per acre. The
Comprehensive Plan suggests the property is appropriate for
regional mixed use. Tax ID 796-664-5325.
Mr. Turner presented a summary of Case 12SN0188 and stated
staff recommended approval subject to the conditions.
Ms. Agnes Brankley accepted the conditions.
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Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved Case 12SN0188, subject to the following conditions:
1. The manufactured home shall be occupied by the
applicants' son, Henry Duane Brankley and immediate
family only. (P)
(Note: Immediate family members are limited to natural
or legally defined offspring, stepchild, spouse,
sibling, grandchild, grandparent or parent of the
applicant.)
2. This manufactured home permit shall be granted for a
period not to exceed seven (7) years from date of
approval. (P)
3. No lot or parcel may be rented or leased for use as a
manufactured home site nor shall any manufactured home
be used for rental property. (P)
4. No additional permanent-type living space may be added
onto this manufactured home. This manufactured home
shall be skirted, but shall not be placed on a permanent
foundation. (P)
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
12SN0134
In Bermuda Magisterial District, Ironbridge Corner LC
requests amendment of conditional use (Case 07SN0375) and
amendment of zoning district map relative to age restriction
in a Community Business (C-3) District on 19.8 acres located
in the northeast corner of the intersection of Ironbridge
Parkway and Iron Bridge Road. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for community mixed
use. Tax ID 774-656-6268.
Ms. Orr presented a summary of Case 12SN0134 and stated both
the Planning Commission and staff recommended denial because
the proffered conditions do not adequately address the
proposed development's impacts on capital facilities and
consequently, the county's ability to provide adequate
facilities to its citizens will be adversely impacted. She
further stated on April 24, 2012, the applicant's
representative submitted an additional proffered condition,
specifically, this proffered condition would require
development to meet specific design criteria for: exterior,
roof and foundation materials; recreational amenities;
hardscaped driveways; sidewalks; street trees; and
landscaping. She stated this proffered condition is similar
to proffered conditions accepted on other multi-family
developments. She further stated it would necessary for the
Board to unanimously agree to suspend the rules to consider
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the additional proffered condition since it was submitted
after the public advertisement of the case. She noted staff
continues to recommend denial of this request.
In response to Mr.~Warren's question regarding the additional
proffered condition, Ms. Orr stated when applicants propose
to reduce certain development standards, these are often
referred to as "quality proffers." She further stated these
types of proffers have been proposed in other zoning cases.
In response to Mr. Holland's question, Ms. Orr stated
student generation from apartments in the vicinity of this
case was provided to Board members.
Mr. Holland expressed concerns that he was unable to review
the addendum.
Ms. Carrie Coyner, representing the applicant, stated the
revised proffered condition is quite extensive and adds much
more value to the project, than paying a cash proffer per
unit would. She further stated the proffer policy offers
flexibility on a case by case basis. She noted there has been
no opposition from the community. She stated apartments with
one and two bedrooms are sustainable, especially when part of
a mixed-use project, and one-and two-bedroom apartments do
not have a negative impact on schools. She further stated, in
her opinion, the policy in place does not benefit the entire
county relative to capital improvements.
Ms. Jaeckle noted it would be necessary for the Board to
suspend their procedures to consider the revised proffered
condition.
Mr. Warren stated his questions to the applicant may help to
determine the decision of the vote to suspend the rules. He
further stated the proffered condition improves the case
substantially. He expressed concerns relative to lack of
citizen input based on the last minute submission of the
additional proffer for consideration.
In response to Mr. Warren's questions, Ms. Coyner stated the
case before the Board is an improved case based on additional
proffers. She further stated homebuilders who invest in
similar properties far exceeds the current cash proffer. She
stated when money is put into the quality of construction,
property values are maintained longer and properties close by
reap the benefits.
In response to Mr. Holland's question, Ms. Coyner stated
schools within the attendance boundary for the proposed
development should remain below capacity. She further stated
there will not be a capital improvement impact in the
proposed area.
Ms. Jaeckle made a motion, seconded by Mr. Elswick, for the
Board to suspend its rules to allow for consideration of the
additional proffered condition.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
Ms. Jaeckle called for public comment.
11-270
Mr. Paul Grasewicz, representing the Surreywood Civic
Association, expressed concerns relative to the additional
proffered condition, noting that the proffered design
criteria is nothing more than would already be expected in a
quality development. He also expressed concerns relative to
impact of the proposal on existing facilities and uniform
application of the cash proffer policy.
Ms. Maria Marvin expressed concerns relative to the future of
children that may occupy proposed apartment units. She
recommended denial of the waiver of cash proffers and stated
the cash proffer policy should be followed.
Mr. Bob Olsen, a Midlothian District resident, expressed
concerns relative to last-minute changes and impact of the
proposal on existing capital facilities. He stated the case
should be deferred to allow for public input. He also
inquired if the deferral fee was paid.
Ms. Coyner stated the current condition of schools is not
related to cash proffers. She further stated residential
assessments are continuing to decline. She stressed the
importance of investment in long-term quality sustainable
mixed-use developments. She stated additional units are
needed to maintain commercial use. She respectfully requested
approval.
There being no one else to speak to the request, the public
hearing was closed.
Ms. Jaeckle read the following statement: Since I have been
on the Board, I have really worked hard to develop an insight
into what .types of development have a long-term, positive
impact on the community versus a long-term negative impact. A
market-based economy will help drive many of the county's
development decisions. Our job is to balance the market with
long-term effects and cost to the county. Apartments are in
very high demand right now in the market and citizens are
more hesitant to buy a house because they are afraid that
they cannot sell it. Young people years ago that were buying
houses because they knew it would escalate in price, are now
hesitant and want to .stay in apartments longer. Apartments
are basically starter housing for young. people. My husband
and I lived in an apartment until our first child was six
months old before buying a house. When we lived in our
apartment for five years, we were tax paying residents that
did not require services. When I look at the apartments that
are one and two bedroom apartments, the statistics show there
are very few children and mainly people who do not require
services from the county. The three-and four-bedroom
apartments produce school children throughout the entire life
of the apartment . If you look at our schools that are having
difficulty, they are the ones that have a large group of
children coming from three-and four-bedroom apartment
complexes. They are a much greater financial drain to the
county than any proffer that is paid on a three-or four-
bedroom apartment, and the purpose of proffers is to mitigate
impacts. I feel the proffer charged on one and two bedrooms
does not fit the definition of mitigating the impacts that
are placed on the county. I am in support of the case.
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In response to Mr. Warren's question, Ms. Orr stated the
deferral fee was paid.
Mr. Warren stated the case has been enhanced substantially.
He further stated he would not have supported the case that
had originally been presented to the Planning Commission that.
came before the Board.
In response to Mr. Warren's question, Ms. Coyner stated at
the last Board meeting there were questions regarding cash
proffers relative to Schools, which were addressed to the
best of her ability. She further stated it was very difficult
to touch base with one specific Board member on many of the
issues presented at the last meeting.
Ms. Jaeckle expressed concerns relative to decreased value
and poor quality housing stock, which could be very
detrimental to the county. She stated large apartment
complexes with three and four bedrooms have. negatively
impacted Schools.
Mr. Holland stated the best option with the argument
presented would be for a remand to the Planning Commission or
a deferral. He expressed concerns relative to the
quantitative value associated with cash proffers and the
effects to Schools. He further stated he needs ~to remain
consistent with positions on similar past cases.
Mr. Warren expressed concerns relative to adequate time for
an opportunity for citizen input based on the additional
proffered condition being presented at the last minute. He
stated he would prefer to see the case deferred or remanded
to the Planning Commission. He noted the applicant has
enhanced the case tremendously.
Mr. Elswick stated the Board needs to address the cash
proffer policy.
Ms. Jaeckle made a motion, seconded by Mr. Warren for the
Board to defer Case 12SN0134 until May 23, 2012.
Mr. Mincks noted the public hearing has been closed.
Mr. Warren stated his intention by seconding the motion was
to permit further public comment because there could be
additional proffers.
Mr. Mincks stated the case could be deferred and the Board
has the discretion to keep the public hearing open.
Ms. Jaeckle made an amended motion, seconded by Mr. Warren,
for the Board to defer Case 12SN0134 until May 23, 2012 and
keep the public hearing open.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
11-272
11SN0243
(Amended) In Dale Magisterial District, Southside Church of
the Nazarene, Inc. requests rezoning and amendment of zoning
district map from Agricultural (A) to Corporate Office (O-2)
plus conditional use planned development approval to permit
use and bulk exceptions on 210.9 acres fronting in three (3)
locations on the north line of Courthouse Road between Route
288 and Yatesdale Drive. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for light industrial and
regional mixed use. Tax IDs 754-672-8398; 754-673-9128; 755-
672-5972-00001 and 00002; 757-671-3592; and 758-672-Part of
8942.
Ms. Orr presented a summary of the case and stated the
Planning Commission and staff recommended approval and
acceptance of the proffered conditions. She further stated
the Central Area Plan suggests that the proposed religious,
educational, indoor and outdoor recreational, commercial and
higher density residential uses would be appropriate on the
western 41 acres of the request property. She stated the plan
does not suggest the uses are appropriate on the remaining
170 acres which are designated for light and moderate
industrial use to protect the airport and existing and
planned areas of industrial use for incompatible land use;
however, given the existing church development and single-
family residential development and significant wetlands along
the eastern edge of this request, it is appropriate to extend
the regional mixed use, suggested by the Plan, across the
entire requested property. She further stated existing zoning
would currently permit up to 150 multi-family dwelling units
on the western portion of the property; these units would no
longer be permitted if this request is approved. She stated
the reduction in the permitted number of multi-family
residential dwellings is significant and will further protect
the airport and existing and proposed industrial development
from conflicting residential land use, as suggested by the
Plan; in addition, the proposed residential use would be
located outside the airport's current over-flight pattern;
and, while a significant number of assisted living and
nursing/convalescent units would be permitted, these
facilities, while providing residential services, are
compatible with and permitted in residential business areas
and offer transition between commercial/industrial uses and
residential areas. She further stated the proposed
fire/rescue facilities comply with the Public Facilities
Plan, which suggests a new fire/rescue facility should be
located in the vicinity of Route 288 and Courthouse Road to
service a gap in the service area; further, the proffered
conditions address the impacts of this development on capital
facilities and, would insure adequate service levels are
maintained to protect health, safety and welfare of county
citizens. She stated there was support present at the
Planning Commission meeting to identify expansion needs of
the church, school and other community outreach services;
recognizing partnerships with local schools, parks and
recreation, social services and victims' programs; and
stating the expansion will increase job opportunities;
additionally, the applicant committed to meet with area
citizens during the schematic plan approval process. She
further stated there was opposition present expressing
concerns regarding the width of the buffer adjacent to
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existing single-family homes; increased traffic impact;
planned hours of operation for recreational uses; impact of
the proposed public address and lighting systems; internal
public roads backing up to existing residential dwellings;
and security. She stated on April 5, 2012, the applicant
submitted an additional proffered condition that would limit
the permitted noise decibel level for the outside public
address system(s) as measured at the property lines of
adjacent single-family residential uses.
Mr. Brennen Keene, representing the applicant, stated
expansion of an existing church facility, a new fire station,
and mixed-use development, including office, multi-family
residential and commercial uses is being proposed for
approval. He briefly summarized the church's activities;
ministries offered and related entities on the property,
which include the 400-student Guardian Christian Academy; two
components of LifeSpring Community Development Foundation;
Footsteps Counseling Center; and XZone. He addressed concerns
relative to Courthouse Road, noting part of the property
originally in the case has been removed to offset traffic
impacts. He stated the application would allow up to 90,000
square feet of office space; day care facilities for children
and elementary school students; 13 athletic fields; 12
multifamily detached dwelling units; 51 senior/adult housing
units; 51 assisted living retirement units; and a community
center. He noted the church has proffered a full cash proffer
of $18,000 per unit. In regards to the width of the buffer
adjacent to existing homes, he stated the buffer must meet
certain standards and could be enhanced. He further stated
the height restrictions of 30 feet are lower than what is
permitted on adjacent properties. In regards to the curfew,
he stated there would be a 10 p.m. curfew for lighting on the
athletic fields, and outside public-address systems would be
permitted to a midnight curfew within 750 feet of Route 288.
He further stated the noise level would be restricted to 65
decibels at property lines adjacent to single-family
residential uses. He noted the curfew is consistent what all
county parks abide by. He also noted the electronic message
sign is consistent with the Comprehensive Plan. In closing,
he requested approval of the proposal.
Ms. Jaeckle called for public comment.
Ms. Karen Jones, a neighboring home owner, expressed concerns
relative to the lighted athletic fields and submitted a
petition signed by most of the homeowners near the church
asking the Board to deny the rezoning.
Mr. Sheldon Drake, a member
Nazarene, stated the church
impact on the community.
of Southside Church of the
has had a long-term positive
Mr. Woody Snider expressed concerns relative to the noise
level created by the public-address systems and planned hours
of operation on the proposed athletic fields.
Mr. Andy Foldenauer, a member of Southside Church of the
Nazarene, stated he supports the proposal. He further stated
it is imperative that the church have the ability to utilize
the acreage, continue to grow and partner with the county.
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Mr. John Kirk expressed concerns relative to impacts of
public-address and lighting systems on adjacent residential
uses.
Ms. Sharon Little, a Matoaca District resident and member of
Southside Church of the Nazarene, stated her children have
benefited greatly from the many activities offered by the
church. She requested approval of the proposal.
Ms. Wendy Shroyer expressed concerns relative to possible
increased traffic impacts and the widening of Courthouse Road
after the completion of the development.
Dr. Debbie Cadet recommended her support of the case. She
stated her children are successful students at Guardian
Christian Academy. She stressed the importance of the
church's positive impact on children, families and the
community.
Ms. Lenita Gilreath, a Dale District resident, recommended
approval of the case. She stated expansion of the church's
facilities will create jobs, provide enhanced programming for
the youth and will only enrich the quality of life for all
the citizens of Chesterfield County.
Ms. Glenda Paul, Director of Guardian Christian Academy,
summarized the activities and mission of the school. She
stated without a space solution the academy has no choice but
to turn families away that wish to enroll their children. She
requested approval of the proposal.
Mr. Stewart Jones expressed his concerns with impacts of the
public address and lighting systems, increased traffic impact
on Courthouse Road and height of the retirement dwelling
units. He also expressed his concerns regarding a single-feed
water source for water and fire flow demands. He recommended
deferral of the case until the Comprehensive Plan is
finalized.
Mr. Jeff Touney, President of LifeSpring Community
Development Foundation, recommended approval of the proposal.
He stated Southside Church of the Nazarene is an integral
part of how the foundation executes their mission
philosophically and practically.
Ms. Polly Anne Crouch, a member of the Footsteps Advisory
Board, summarized the mission of the counseling center. She
stated the center is in desperate need of more space to grow.
She asked the Board to consider the petition.
Mr. Steve Harper, Executive Director of XZone, stated XZone
is a place solely dedicated to teenagers and their needs. He
further stated the organization offers programs and events
for the 6th-12th grader in the at-risk hours when parents are
not able to give guidance. He requested approval of the case.
Ms. Selma Gardner, a member of Southside Church of the
Nazarene, stated the church teaches the youth morals and
values that create a steady foundation for the future. She
further stated the church has had a very positive influence
on her family's life.
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Mr. Kevin Parks, a Clover Hill resident, stated his family
has been involved with the church for many years. He stressed
the importance for faith-based assisted living retirement
units in the area. He encouraged the Board to approve the
case.
Ms. Esther Peck, a member of Southside Church of the
Nazarene, stated the church provides life changing
characteristics to the youth. She asked the Board to approve
the case.
Mr. Brennen Keene stated the zoning case is consistent with
the Comprehensive Plan, in terms of uses. He further stated
the case requires a buffer that is not recommended and limits
heights of buildings closest to adjacent properties. He
.stated there were a lot of restrictions within the case that
were designed specifically to address land use issues. He
further stated the church has agreed to bring the schematic
plan back before the Planning Commission for further review
and the applicant will continue to work with the neighbors to
address their concerns. He addressed concerns relative to a
single-feed water source, stating the church traded land with
the county for the water line. In regards to traffic impacts,
he stated studies show the vast majority of traffic from the
project goes to Route 288.
Pastor Wynne Langford, Executive Pastor of Southside Church
of the Nazarene, stated he will invite their landscape
architect to meet with neighbors prior to making the
application for providing a schematic plan. He asked the
Board to approve the proposal.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Holland expressed his appreciation to those who voiced
their opinions and concerns.
Mr. Holland then made a motion, seconded by Mr. Warren, for
the Board to approve Case 11SN0243 and accept Proffered
Conditions 1-13 in the staff report and Proffered Condition
14 in the Addendum and noted the following:
• It is appropriate to extend the proposed additional uses
across the property.
• Conditions would not permit residential use in the
Airport's over-flight path.
• Significant consideration has been given to limit and
restrict uses in proximity to the dwellings along
Courthouse Road and Yatesdale Drive.
• Conditions offer development requirements greater than
the Ordinance would require such as the buffer, setbacks
and heights limitations.
• This request reduces the number of multi-family
dwellings permitted in the 1996 zoning case.
• The proposed fire station complies with the Public
Facilities Plan and will serve a gap in the service
area.
• Proffered conditions fully address the impact of this
development on capital facilities.
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• Fire department is accustomed to developing contingency
plans for water outages if an outage does result from
the single feed water source.
• Limits are in place for the proposed lights and public
address systems where recreational uses may be closer to
existing residential uses.
Mr. Warren read the following statement: The Southside Church
of the Nazarene represents the very best of family values and
individual values that are the foundation and history of the
American spirit and the American Constitution. They serve
others and their actions are about contributing to a stronger
America through service to others. We are blessed to have
their values and I will support this case.
Mr. Elswick stated he read every letter and email related to
the proposal.. He commended the professionalism of county
staff who worked diligently on the case. In regards to the
fire station, he stated the arrangement between the church
and the county saved the county $600,000. He further stated
he supports the case.
Ms. Jaeckle expressed her appreciation to those who voiced
their opinions and concerns as it related to the case. She
stated she understands the concerns of the neighbors adjacent
to the property. She further stated the church will continue
to work with neighbors to address their concerns. She stated
the church looks at the project as a way to carry out their
mission to support the community.
Ms. Jaeckle called for a vote on the motion made by Mr.
Holland, seconded by Mr. Warren, for the Board to approve
Case 11SN0243 and accept the following proffered conditions:
The Owners and the Developers for themselves and their
successors or assigns (the "Developer") in this zoning case,
pursuant to §15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County,
proffer that the development of the property known as
Chesterfield County Tax Identification. Numbers 754-672-8398,
755-672-5972-00001, 755-672-5972-00002, 757-671-3592, 754-
673-9128 and part of 758-672-8942 (the "Property") under
consideration will be developed according to the following
proffered conditions if, and only if, the rezoning request
for 0-2 with a conditional use planned development ("CUPD")
is granted. In the event the request is denied or approved
with conditions not agreed to by the Developer, the proffers
shall immediately be null and void and of no further force or
effect .
The application contains one exhibit described as follows:
Exhibit A (the "Tract Plan") - Plan titled "Exhibit A: Tract
Plan," dated February 24, 2012, prepared by Townes Site
Engineering.
1. Master Plan. The Textual Statement dated March 13, 2012,
shall be considered the Master Plan for the development.
(P)
2. Timbering. Except for timbering approved by the Virginia
State Department of Forestry for the purpose of removing
dead or diseased trees, there shall be no timbering on
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the Property until a land disturbance permit has been
obtained from the Environmental Engineering .Department
and the approved devices installed. (EE)
3. Utilities.
A. The Developer shall connect the existing building
on Tract B to the public water and wastewater
systems within twenty-four (24) months after both
public water and wastewater lines have been
extended to serve Tract B. Except as otherwise
provided in these proffers, all new buildings that
are constructed on Tract B shall connect to the
public water and wastewater systems.
B. Connection to the public water and wastewater
systems shall not be required for maintenance and
accessory buildings, temporary sales facilities and
.construction offices, provided none of those uses
require internal plumbing.
C. The Developer shall be responsible for the
following improvements to the public water
distribution system, to be constructed in
accordance with an "Overall Water and Wastewater
System Plan" as approved by the Utilities
Department. Subject to Fire Department approval,
for buildings on Tract B, the Developer may
continue use of the existing well-water supplied
fire suppression system and connect to public water
for potable water only.
(i) A waterline sufficient to serve the
development on Tract B beginning at the point
on the south line of Route 288 where a twenty-
four (24) inch waterline is to be extended for
service to the future fire station site in the
southeast quadrant of Route 288 and Courthouse
Roads. Developer shall extend this line
through Tract B generally along an internal
roadway that serves the Tract to a point on
Courthouse Road between GPIN 757-671-4004
(7111 Courthouse Road) and GPIN 757-670-5589
(7121 Courthouse Road).
D. Prior to or in conjunction with site plan approval
for any new buildings and/or expansions of any
existing buildings in Tract B, an "Overall Water
and Wastewater System Plan" and a "Utilities
Infrastructure Phasing Plan" shall be submitted to
the Department of Utilities for review and
approval. These plans shall incorporate the
improvements as listed in items Paragraph 3.C
above.
E. Prior to or in conjunction with site plan approval
for any new buildings on Tract B, permanent and
temporary construction wastewater easements shall
be dedicated on the Property. The location of the
easements shall be where deemed appropriate by
mutual agreement of the Developer and the
Department of Utilities to facilitate future
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extension of public wastewater service along
Courthouse Road. (U)
4. Cash Proffers.
A. For each age restricted multi-family dwelling unit
(a "Dwelling Unit"), the Developer shall pay the
following to the County of Chesterfield for
infrastructure improvements within the service
district of the property, prior to the issuance of
a residential building permit, provided however
that for the period from July 1, 2011 to June 30,
2015 the Developer shall pay the following to the
County of Chesterfield, following the final
inspection and prior to the issuance of the
certificate of occupancy:
(i) $18,966 per Dwelling Unit, if paid prior to
July 1, 2012. At the time of payment, the
$18,966 will be allocated pro-rata among the
facility costs as follows: $5,897 for
schools; $773 for parks and recreation, $226
for library facilities, $455 for fire
stations, and $11,615 for roads, or
(ii) If paid after June 30, 2012, the amount
approved by the Board of Supervisors, not to
exceed $18,966 per Dwelling Unit, adjusted
annually in accordance with cash proffer
policy between July 1, 2011 and July 1 of the
fiscal year in which the payment is made.
Payments paid after June 30, 2012 shall be
prorated in the same proportions as set forth
in (i) above.
B. The cash proffer shall apply only to Dwelling
Units.
C. The Developer shall be responsible for one of the
following alternatives as agreed to by Chesterfield
County for the parks and recreation portion of the
cash proffer.
(i) Alternative P.1. The Developer shall pay $773
per Dwelling Unit or the adjusted amount as
described in 4.A(i) or (ii) Alternative P.1.
shall be the default alternative unless
Alternative P.2. is selected as described
below.
(ii) Alternative P.2.
a. If upon mutual agreement of the Developer
and Chesterfield County, in lieu of cash
proffers, the Developer shall build at
least one mile of trails (the "Trail
System") that are publicly accessible.
b. Until such time as Alternative P.2. is
chosen or rejected, then the Developer
shall, at the time of each building
permit, deposit into an escrow account
acceptable to Chesterfield County, $773
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per Dwelling Unit. The escrow account
shall be subject to an escrow agreement,
which must be approved by the
Chesterfield County Attorney's Office,
among the appropriate parties (such as
the escrow agent and any contractors),
the Developer, and Chesterfield County.
All contributions shall be held in escrow
until written confirmation by the
Developer has been received from
Chesterfield County that the site plan,
construction contract, and design for the
Trail System has been approved, after
which, the escrow funds shall be released
to the Developer. If Alternative P.2. is
rejected by Chesterfield County and
written confirmation of the rejection
from the County has been received by the
Developer then all funds held in escrow
for the Trail System (or an amount
equivalent to the parks and recreation
portion of the cash proffer for each
building permit released prior to the
choice of Alternative P.1. or P.2.) shall
be released to Chesterfield County.
D. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
law. Should Chesterfield County impose impact fees
at any time during the life of the development, the
amount paid in cash proffers shall be in lieu of or
credited toward, but not in addition to, any impact
fees, in a manner as determined by Chesterfield
County. (B, P&R)
5. Dedication. Prior to any site plan approval for
development within Tract B, or within sixty (60) days
from a written request by the Transportation Department,
whichever occurs first, forty-five (45) feet of right-
of-way on the east side of Courthouse Road, measured
from the centerline of that part of Courthouse Road
immediately adjacent to the Property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
6. Access.
A. Direct vehicular access from the Property to
Courthouse Road shall generally conform to the
Tract Plan.
B. No direct vehicular access shall be provided from
the Property to Yatesdale Drive. (T)
7. Transportation Improvements.
A. Prior to the issuance of any occupancy permit for
development within Tract A, the following
improvements shall be provided. The exact design of
these improvements shall be approved by the
Transportation Department. If any of the
improvements are provided by others, as determined
by the Transportation Department, then the specific
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required improvement shall no longer be required by
the Developer.
(i) Construction of additional pavement along
Courthouse Road at its intersection with
Access #1 to provide an adequate left turn
lane, as determined by the Transportation
Department.
(ii) Construction of additional pavement along
Courthouse Road at its intersection with
Access #1 to provide a right turn lane.
(iii)Full cost of traffic signal modification at
the Courthouse Road/Access #1 intersection.
B. For Tract B, the Developer shall be responsible for
the following improvements. The exact design of
these improvements shall be approved by the
Transportation Department. If any of the
improvements are provided by others, as determined
by the Transportation Department, then the specific
required improvement shall no longer be required by
the Developer.
(i) Construction of additional pavement along
Courthouse Road at its intersection with
Access #1 to provide: 1) dual left turn lanes;
or 2) an adequate left turn lane, as
determined by the Transportation Department.
(ii) Construction of additional pavement along
Courthouse Road at its intersection with
Access #1 to provide a right turn lane.
(iii)Construction of additional pavement along
Access #1 at its intersection with Courthouse
Road to provide a four-lane typical section
(i.e., two (2) eastbound lanes and two (2)
westbound lanes).
(iv) Full cost of traffic signal modification at
the Courthouse Road/Access #lintersection.
(v) Full cost of traffic signal installation
along Courthouse Road at the intersection of
Access #2, if warranted as determined by the
Transportation Department.
(vi)Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way
(or easements) required for the improvements
identified above. (T)
8. Phasing Plan. Prior to any site plan approval for
development within Tract B, a phasing plan for the
required road improvements, as identified in Proffered
Condition 7.B. shall be submitted to and approved by the
Transportation Department. (T)
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9. Public Roads. In Tract B, if all residential units are
not owned in common by one person or entity, then all
roads that accommodate general traffic circulation for
those residential units, as determined by the
Transportation Department, shall be constructed to
Virginia Department of Transportation standards and
dedicated for public use to be maintained as part of the
State System. (T)
10. Airport Noise Impacts. The Developer agrees to notify
(by record notice, deed, contract for sale, occupancy
agreement, lease, or other similar property agreement)
future owners and tenants of property within the flight
pattern overlay, as shown on Exhibit B, and any
residential use (multi-family, assisted living and
nursing/convalescent care facilities) within Tract B, of
potential overhead noise impacts resulting from the
Property's location in an airport traffic pattern for
the Chesterfield County Airport. Such notice shall
include a statement. that the normal operations of the
airport includes taking off and landing of aircraft at
the airport, which can occur at any time day or night,
seven days a week, including holidays, all weeks of the
year. For the purpose of providing permanent record
notice, within six months of the approval of this
request, the Land Owner, or Developer on his behalf,
shall record a notice that will be part of the chain of
title for all or any part of the Property that provides
written notice of potential overhead noise impacts. The
record notice shall be submitted for approval to the
Chesterfield County Attorney's office prior to
recordation. (T)
11. Storm water Management. A drainage study shall be
performed for all impervious areas that drain to
Courthouse Road. Based on the drainage study, any
necessary culvert and/or retention improvements shall be
made to meet current VDOT requirements for secondary
roads. (EE)
12. Transportation Density. The maximum density of the
development shall be 87,000 square feet of
assembly/church, 90,000 square feet of general office,
500 student daycare, 300 student elementary school, 13
athletic fields, 12 senior adult housing units
(detached), 51 senior adult housing units (attached), 51
continuing care retirement units, 90,000 square feet
recreation community center, as such use types are
defined in the ITE Trip Generation Manual. The mix and
square footage of the land uses may be adjusted,
provided that such adjustment(s) shall generate no
greater anticipated traffic volumes as determined by the
Transportation Department. (T)
13. Lighting and Public Address Curfew. Lighting and outside
public address systems for all playfields, courts and
similar outdoor recreational uses within Tract B and
located within 750 feet of the northern property
boundary shall be turned off by midnight. Lighting and
outside public address systems for all other playfields,
courts and similar outdoor recreational uses shall be
turned off by 10:00 p.m. The foregoing shall not apply
to security lighting for parking areas. (P)
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14. Outside Public Address Systems. In addition to
restrictions in Proffered Condition 13 for outside
public address systems, the outside public address
system noise decibel level as measured at the property
lines of adjacent to single-family residential uses
shall not exceed 65 dBA. For purposes of this condition,
dBA shall mean the sound pressure level as measured on a
sound meter set to slow response and to the A-weighted
scale to approximate the frequency response of the human
auditory system. (P)
And, further, the Board noted the following:
• It is appropriate to extend the proposed additional uses
across the property.
• Conditions would not permit residential use in the
Airport's over-flight path.
• Significant consideration has been given to limit and
restrict uses in proximity to the dwellings along
Courthouse Road and Yatesdale Drive.
• Conditions offer development requirements greater than
the Ordinance would require such as the buffer, setbacks
and heights limitations.
• This request reduces the number of multi-family
dwellings permitted in the 1996 zoning case.
• The proposed fire station complies with the Public
Facilities Plan and will serve a gap in the service
area.
• Proffered conditions fully address the impact of this
development on capital facilities.
• Fire department is accustomed to developing contingency
plans for water outages if an outage does result from
the single feed water source.
• Limits are in place for the proposed lights and public
address systems where recreational uses may be closer tc
existing residential uses.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
Mr. Warren excused himself from the meeting.
17. PUBLIC HEARINGS
17.A. TO CONSIDER APPROVAL OF A RESOLUTION TO AUTHORIZE THE
ADVANCE REFUNDING OF VARIOUS CERTIFICATES OF
PARTICIPATION FINANCING AND APPROPRIATION OF UP TO
$20,000,000 IN PAYMENT TO THE ESCROW AGENT FOR THE
ADVANCE REFUNDING
Mr. Carmody stated this date and time has been advertised for
a public hearing for the Board to consider approval of a
resolution to authorize the advance refunding of various
certificates of participation financing and appropriation of
up to $20,000,000 in payment to the escrow agent for the
advance refunding.
Ms. Jaeckle called for public comment.
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No one came forward to speak to the issue.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution to authorize the advance
refunding of various certificates of participation financing
and appropriation of up to $20,000,000 in payment to the
escrow agent for the advance refunding:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, APPROVING THE FORMS AND THE TERMS,
CONDITIONS AND PROVISIONS AND AUTHORIZING THE EXECUTION AND
DELIVERY OF ONE OR MORE LEASE/PURCHASE AGREEMENTS, BY AND
BETWEEN SUNTRUST EQUIPMENT FINANCE & LEASING CORP., AS
LESSOR, AND THE COUNTY, AS LESSEE, AND ONE OR MORE TRUST
AGREEMENTS, BY AND AMONG THE COUNTY, U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE, AND SUNTRUST EQUIPMENT FINANCE &
LEASING CORP. IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE,
SALE AND DELIVERY OF ONE OR MORE SERIES OF REFUNDING
CERTIFICATES OF PARTICIPATION IN THE PRINCIPAL AMOUNT OF NOT
TO EXCEED $20,000,000 TO BE ISSUED FOR THE PURPOSE OF
REFUNDING IN ADVANCE OF THEIR STATED MATURITIES ALL OR A
PORTION OF THE CERTIFICATES OF PARTICIPATION, SERIES 2001,
DATED JANUARY 1, 2001, ALL OR A PORTION OF THE CERTIFICATES
OF PARTICIPATION, SERIES 2003A, DATED MARCH 1, 2003, ALL OR A
PORTION OF THE CERTIFICATES OF PARTICIPATION, SERIES 2003B,
DATED MARCH 1, 2003, ALL OR A PORTION OF THE CERTIFICATES OF
PARTICIPATION, SERIES 2004B, DATED APRIL 15, 2004, AND ALL OR
A PORTION OF THE CERTIFICATES OF PARTICIPATION, SERIES 2005B,
DATED MAY 11, 2005, ISSUED TO FINANCE THE COSTS OF VARIOUS
CAPITAL IMPROVEMENT PROJECTS ON BEHALF OF THE COUNTY;
AUTHORIZING AND DIRECTING THE PREPARATION AND DISTRIBUTION OF
A PRELIMINARY OFFERING STATEMENT AND THE PREPARATION,
EXECUTION AND DELIVERY OF AN OFFERING STATEMENT AND DEEMING
THE PRELIMINARY OFFERING STATEMENT FINAL FOR PURPOSES OF
SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; DELEGATING
TO THE COUNTY ADMINISTRATOR THE AUTHORITY, AMONG OTHER
THINGS, TO APPROVE THE SALE OF THE REFUNDING CERTIFICATES OF
PARTICIPATION AND THE DEFINITIVE DETAILS OF THE REFUNDING
CERTIFICATES OF PARTICIPATION; AUTHORIZING THE MEMBERS OF
SUCH BOARD AND THE OFFICIALS AND EMPLOYEES OF SUCH COUNTY TO
TAKE FURTHER ACTION TO CARRY OUT, GIVE' EFFECT TO AND
CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION;
AND MAKING CERTAIN FINDINGS AND DETERMINATIONS
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF CHESTERFIELD, VIRGINIA, AS FOLLOWS:
SECTION 1. Findings and Determinations. The Board
of Supervisors (the "Board") of the County of Chesterfield,
Virginia (the "County"), hereby finds and determines as
follows:
(a) On January 24, 2001, there were issued on
behalf of the County an issue of Certificates of
Participation, Series 2001, dated January 1, 2001 (the "2001
Certificates of Participation"), evidencing undivided
interests in payments to be made by the County under a
Lease/Purchase Agreement, dated as of January 1, 2001 (the
"2001 Lease/Purchase Agreement"), by and between SunTrust
Leasing Corporation, now SunTrust Equipment Finance & Leasing
Corp., as Lessor (the "Leasing Corporation"), and the County,
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as Lessee, such 2001 Certificates of Participation being
outstanding on the date hereof in the principal amount of
$5,605,000 and becoming due and payable on November 1 in each
of the years 2012 through 2019 and on November 1, 2021.
(b) On March 26, 2003, there were issued on behalf
of the County an issue of Certificates of Participation,
Series 2003A, dated March 1, 2003 (the "2003A Certificates of
Participation"), evidencing undivided interests in payments
to be made by the County under the 2001 Lease/Purchase
Agreement, as supplemented by a First Supplemental
Lease/Purchase Agreement, dated as of March 1, 2003, by and
between the Leasing Corporation, as Lessor, and the County,
as Lessee, such 2003A Certificates of Participation being
outstanding on the date hereof in the principal amount of
$1,710,000 and becoming due and payable on November 1 in each
of the years 2012 through 2021.
(c) On March 26, 2003, there issued on behalf of
the County an issue of Certificates of Participation, Series
2003B, dated March 1, 2003 (the "2003B Certificates of
Participation"), evidencing undivided interests in payments
to be made by the County under a Lease/Purchase Agreement,
dated as of March 1, 2003, by and between the Leasing
Corporation, as Lessor, and the County, as Lessee, such 2003B
Certificates of Participation being outstanding on the date
hereof in the principal amount of $1,830,000 and becoming due
and payable on November 1 in each of the years 2012 through
2021 and on November 1, 2023.
(d) On April 15, 2004, there were issued on behalf
of the County an issue of Certificates of Participation,
Series 2004B, dated April 15, 2004 (the "2004B Certificates
of Participation"), evidencing undivided interests in
payments to be made by the County under a Lease/Purchase
Agreement, dated as of March 1, 2004 (the "2004
Lease/Purchase Agreement"), by and between the Leasing
Corporation, as Lessor, and the County, as Lessee, such 2004B
Certificates of Participation being outstanding on the date
hereof in the principal amount of $4,540,000 and becoming due
and payable on November 1 in each of the years 2012 through
2024.
(e) On May 11, 2005, there were issued on behalf of
the County an issue of Certificates of Participation, Series
2005B, dated May 11, 2005 (the "2005B Certificates of
Participation"), evidencing undivided interests in payments
to be made by the County under the 2004 Lease/Purchase
Agreement, as supplemented by a First Supplemental
Lease/Purchase Agreement, dated as of April 15, 2005, by and
between the Leasing Corporation, as Lessor, and the County,
as Lessee, such 2005B Certificates of Participation being
outstanding on the date hereof in the principal amount of
$6,110,000 and becoming due and payable on November 1 in each
of the years 2012 through 2024.
(f) The Board deems it advisable and in the best
interest of the County that all or a portion of the 2001
Certificates of Participation, all or a portion of the 2003A
Certificates of Participation, all or a portion of the Series
2003B Certificates of Participation, all or a portion of the
Series 2004B Certificates of Participation and all or a
portion of the Series 2005B Certificates of Participation
(collectively, the "Refunded Certificates of Participation")
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be refunded in advance of
defeased from the proceeds of
Refunding Certificates of P~
amount of not to exceed
Certificates of Participation"
County.
their stated maturities and
sale of one or more series of
~rticipation in the' principal
$20,000,000 (the "Refunding
to be issued on behalf of the
(g) In connection with the refunding of the
Refunded Certificates of Participation and the issuance of
the Refunding Certificates of Participation in one or more
series, the Board deems it advisable in and the best interest
of the County to authorize the execution and delivery of one
or more Lease/Purchase Agreements (the "Lease/Purchase
Agreements") by and between the Leasing Corporation, as
Lessor, and the County, as Lessee, and the execution and
delivery of one or more Trust Agreements (the "Trust
Agreements") by and among U.S. Bank National Association, as
Trustee (the "Trustee"), the Leasing Corporation and the
County, providing for the issuance of one or more series of
the Refunding Certificates of Participation.
(h) The Board has determined that it is advisable
to take certain other actions in connection with the
authorization, issuance, sale and delivery of the Refunding
Certificates of Participation, including delegating to the
County Administrator the authority, among other things, to
approve the interest. rates for and other details of the
Certificates
SECTION 2. Additional Findings and Determinations.
The Board hereby further finds and determines as follows:
The leasing of the Projects (as defined in the
Lease/Purchase Agreements) are presently essential to the
County and are anticipated to continue to be essential to the
County.
(a) The representations set forth in Section 2.1 of
the Lease/Purchase Agreements are true and correct on and as
of the date of adoption of this resolution.
(b) The statements set forth in Section 4.4 of the
Lease/Purchase Agreements accurately reflect the intention of
the Board with respect to the subject matter thereof, subject
to the qualification recited therein that the Board is not
empowered to make any commitment beyond the current fiscal
year of the County.
SECTION 3. Approval of the Form of the
Lease/Purchase Agreements and the Terms, Conditions and
Provisions Thereof; Execution and Delivery of the
Lease/Purchase Agreements. The form of the Lease/Purchase
Agreements presented to the meeting of the Board at which
this resolution is being adopted and the terms, conditions
and provisions thereof (including in particular the Base
Payments required to be paid thereunder as the same shall be
set forth in the exhibits thereto and the other rental
payments required to be paid thereunder) are hereby approved,
ratified and confirmed, and the County Administrator or any
Deputy County Administrator is hereby authorized and directed
to execute and deliver to the Leasing Corporation the
Lease/Purchase Agreements in such form, together with such
changes as shall be approved by the County Administrator or
the Deputy County Administrator executing the same upon the
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advice of counsel to the County, such approval to be
conclusively evidenced by the execution thereof by the County
Administrator or the Deputy County Administrator executing
the same.
SECTION 4. Approval of the Form of the Trust
Agreements and the Terms, Conditions and Provisions Thereof;
Execution and Delivery of the Trust Agreements; Approval of
Appointment of Trustee. (a) The form of the Trust
Agreements presented to the meeting of the Board at which
this resolution is being adopted and the terms, conditions
and provisions thereof, are hereby approved, ratified and
confirmed, and the County Administrator or any Deputy County
Administrator is hereby authorized and directed to execute
and deliver the Trust Agreements to the Trustee and the
Leasing Corporation, together with such changes as shall be
approved by the County Administrator or the Deputy County
Administrator executing the same upon the advice of counsel
to the County, such approval to be conclusively evidenced by
the execution thereof by the County Administrator or the
Deputy County Administrator executing the same.
(b) The Board hereby approves the appointment of
U.S. Bank National Association, as Trustee under the Trust
Agreements.
SECTION 5. Pre aration and Distribution of
Preliminary Offering Statement and Preparation, Execution and
Delivery of Offering Statement; Preliminary Offering
Statement "Deemed Final" for Purposes of Rule 15c2-12 of the
Securities and Exchange Commission. (a) The County
Administrator and other appropriate officials and employees
of the County are hereby authorized and directed to prepare
and distribute or disseminate, or cause to be prepared and
distributed or disseminated, to prospective purchasers of the
Refunding Certificates of Participation a Preliminary
Offering Statement relating to the Refunding Certificates of
Participation (the "Preliminary Offering Statement"), such
Preliminary Offering Statement to be in substantially the
form presented to the meeting of the Board at which this
resolution is being adopted. All actions taken by the
officials, employees, agents and attorneys of the County with
respect to the preparation and distribution or dissemination
of such Preliminary Offering Statement prior to the date
hereof are hereby approved, ratified and confirmed.
(b) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare, or to cause to be prepared, an
Offering Statement relating to the Refunding Certificates of
Participation (the "Offering Statement"), such Offering
Statement to be in substantially the form of the Preliminary
Offering Statement with the completion therein of the
information with respect to the .interest rates to be borne by
the Refunding Certificates of Participation as specified by
the successful bidder for the Refunding Certificates of
Participation and other definitive details of the Refunding
Certificates of Participation determined upon the sale of the
Refunding Certificates of Participation to the successful
bidder therefor.
(c) The County Administrator is hereby authorized
to execute and deliver to the representative of the
purchasers of the Refunding Certificates of Participation the
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Offering Statement relating to
Participation in accordance
Detailed Notice of Sale
Certificates of Participation.
the Refunding Certificates of
with the provisions of the
relating to the Refunding
(d) The Preliminary Offering Statement shall be
"deemed final" as of its date for purposes of Rule 15c2-12
promulgated by the Securities and Exchange Commission
pursuant to the Securities Exchange Act of 1934 ("Rule
15c2-12") except for the omission of certain information
permitted to be omitted by Rule 15c2-12. The County
Administrator is hereby authorized to execute and deliver to
the representative of the purchasers of the Refunding
Certificates of Participation a certificate dated the date of
the Preliminary Offering Statement stating that the
Preliminary Offering Statement is "deemed final" as of its
date by the County for purposes of Rule 15c2-12.
SECTION 6. Sale of Refunding Certificates of
Participation; Details of Refunding Certificates of
Participation. (a) There is hereby delegated to the County
Administrator authority, without further action by the Board,
to approve the sale of the Refunding Certificates of
Participation in the principal amount of not to exceed
$20,000,000 at competitive sale at not less than 1000 of the
principal amount thereof, plus accrued interest thereon from
their date to the date of the delivery thereof and payment
therefor, and on such other terms and conditions as shall be
provided in the Detailed Notice of Sale relating to the
Refunding Certificates of Participation. The County
Administrator is hereby authorized to cause to be published
and distributed a Detailed Notice of Sale relating to the
Refunding Certificates of Participation in such form and
containing such terms and conditions as he may deem
advisable, subject to the provisions hereof. In lieu of
publishing the full text of the Detailed Notice of Sale
relating to the Refunding Certificates of Participation in
accordance with the provisions of the immediately preceding
sentence, the County Administrator is hereby authorized to
cause a Summary Notice of Sale of the Refunding Certificates
of Participation in such form as the County Administrator
shall approve to be published in The Bond Buyer on a date
selected by the County Administrator and is hereby further
authorized to cause to be prepared and distributed a Detailed
Notice of Sale relating to the Refunding Certificates of
Participation.
(b) The County is hereby authorized to receive
bids for the purchase of the Refunding Certificates of
Participation and, the County Administrator, without further
action by the Board, is authorized to approve the acceptance
of the bid offering to purchase the Refunding Certificates of
Participation at the lowest true interest cost to the County,
computed in accordance with the provisions of the Detailed
Notice of Sale; provided (i) that such bid is in conformity
with the Detailed Notice of Sale, (ii) that the true interest
cost to the County as specified in such bid is not in excess
of six percent (6.OOo) and (iii) that any premium payable
upon the optional redemption of the Refunding Certificates of
Participation shall not exceed two percent (2.00%) and
provided further that, prior to the acceptance of any bid,
the County shall have received the good faith deposit
specified in the Detailed Notice of Sale. The County
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Administrator is hereby authorized to determine the date of
the Refunding Certificates of Participation, the dates on
which interest shall be payable on the Refunding Certificates
of Participation, the maturity dates of the Refunding
Certificates of Participation, the aggregate principal
amounts of the Refunding Certificates of Participation of
each series and the principal amounts of the Refunding
Certificates of Participation maturing in each year.
(c) The County Administrator, the Director of
Accounting and the County Attorney are hereby authorized to
execute and deliver to the purchasers of the Refunding
Certificates of Participation one or more certificates in the
forms provided for in the Offering Statement relating to the
Refunding Certificates of Participation.
(d) The County Administrator is hereby authorized
to approve the definitive details of the Refunding
Certificates of Participation as the same shall be set forth
in the Detailed Notice of Sale, the Preliminary Offering
Statement, the Offering Statement and the bid submitted by
the successful bidder for the Refunding Certificates of
Participation.
SECTION 7. Tax Covenant. The County covenants and
agrees to comply with the provisions of Sections 103 and
141-150 of the Internal Revenue Code of 1986 and the
applicable Treasury Regulations promulgated thereunder
throughout the term of the Refunding Certificates of
Participation.
SECTION 8. Authorization to Designate the Refunded
Certificates of Participation for Redemption; Approval of the
Selection of the Trustee as Escrow Agent; Authorization to
Enter into an Escrow Deposit Agreement; Authorization to
Select a Verification Agent. (a) Subject to the sale and
receipt of the proceeds of the Refunding Certificates of
Participation by the Trustee, the County Administrator is
hereby authorized to designate the Refunded Certificates of
Participation for redemption on such date or dates as the
County Administrator shall determine and is hereby further
authorized to request the Trustee to cause the notices of the
redemption of the Refunded Certificates of Participation to
be given in accordance with the provisions of the trust
agreements under which the Refunded Certificates of
Participation were issued.
(b) The selection of the Trustee to serve as
Escrow Agent for the Refunded Certificates of Participation
is hereby approved, ratified and confirmed, and the County
Administrator is hereby authorized to deliver to the Trustee
in its capacity as Escrow Agent irrevocable written
instructions to give notices, or to cause such notices to be
given to the holders of the Refunded Certificates of
Participation of the redemption of such Refunded Certificates
of Participation on the dates fixed for the redemption
thereof, such notices to be given in the manner and at the
time or times provided in the trust agreements under which
the Refunded Certificates of Participation were issued.
(c) The County Administrator is hereby authorized,
in the discretion of the County Administrator, to execute and
deliver an Escrow Deposit Agreement by and between the County
and the Escrow Agent in such form as shall be approved by the
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County Administrator upon the advice of counsel (including
the County Attorney or Bond Counsel), such approval to be
conclusively evidenced by the execution of the Escrow Deposit
Agreement by the County Administrator.
(d) The County Administrator is hereby authorized
to select a verification agent, if necessary, in connection
with the refunding of the Refunded Bonds.
SECTION 9. Authorization to Purchase Government
Securities. The County Administrator or the County Treasurer
is hereby authorized to execute, on behalf of the County,
subscriptions for United States Treasury Obligations - State
and Local Government Series, if any, ~to be purchased by the
County in connection with the refunding of the Refunded
Certificates of Participation. Such United States Treasury
Obligations - State and Local Government Series, if any, so
purchased shall be held by or on behalf of the County
Treasurer or by the Escrow Agent under and in accordance with
the provisions of any Escrow Deposit Agreement entered into
in connection with the refunding of the Refunded Certificates
of Participation. The County Administrator and or the County
Treasurer is hereby authorized to enter into such purchase
agreements, including forward supply agreements, if any, as
shall be required in connection with the refunding of the
Refunded Certificates of Participation providing for the
purchase by or on behalf of the County in the open market of
direct general obligations of, or obligations the payment of
the principal of and interest on which are unconditionally
guaranteed by, the United States of America. The County
Administrator or the County Treasurer is hereby authorized to
sell any securities held by the Escrow Agent under and in
accordance with the provisions of the Escrow Deposit
Agreement and to purchase securities in lieu of and in
substitution therefor.
SECTION 10. Further Action of the Board and of the
Officials and Employees of the County. The members of the
Board and the officials and employees of the County are
hereby authorized and directed to take any and all such
further action as upon advice of counsel to the County they
shall deem necessary or desirable in order to carry out, give
effect to and consummate the transactions contemplated by
this resolution and by the terms of the Lease/Purchase
Agreements and the Trust Agreements and by any of the
documents referred to herein or therein or approved hereby or
thereby.
SECTION 11. Repeal of Conflicting Resolutions.
All resolutions, or portions thereof, heretofore adopted by
the Board which are in conflict or inconsistent with this
resolution are hereby repealed to the extent of such
inconsistency.
Effectiveness of Resolution. This
resolution shall be effective from and after its adoption.
SECTION 12.
Ayes: Jaeckle, Holland and Elswick.
Nays: None.
Absent: Gecker and Warren.
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17.B. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
TWENTY-FOOT DRAINAGE EASEMENT ACROSS LOT 3, DEERFIELD
ESTATES, SECTION D
Mr. Dupler stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
vacate a portion of a twenty-foot drainage easement across
Lot 3, Deerfield Estates, Section D.
Ms. Jaeckle called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to ANNETTE G. ARMBRUSTER,
("GRANTEE"), a portion of a 20' drainage
easement across Lot 3, Deerfield Estates,
Section D, DALE Magisterial District,
Chesterfield County, Virginia, as shown
on a plat thereof duly recorded in the
Clerk's Office, Circuit Court,
Chesterfield County, Virginia in Plat
Book 90, at Page 50.
WHEREAS, ANNETTE G. ARMBRUSTER, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of a 20' drainage easement across Lot 3, Deerfield
Estates, Section D, DALE Magisterial District, Chesterfield
County, Virginia more particularly shown on a plat of record
in the Clerk's Office of the Circuit Court of said County in
Plat Book 90, Page 50, by VIRGINIA SURVEYS, dated FEBRUARY 6,
1996, and recorded MAY 9, 1996. The portion of easement
petitioned to be vacated is more fully described as follows:
A portion of a 20' drainage easement,
across Lot 3, Block Deerfield Estates,
Section D, the location of which is more
fully shown on a plat made by VIRGINIA
SURVEYS, .dated FEBRUARY 6, 1996, recorded
MAY 9, 1996, a copy of which is attached
hereto and made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of easement
be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
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1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office,
Circuit Court, Chesterfield County, Virginia pursuant to
Section 15.2-2276 of the Code of Vir inia, 1950, as amended.
The effect of
2274 is to destroy
the portion of the
fee simple title to
the property owner
free and clear of a~
this Ordinance pursuant to Section 15.2-
the force and effect of the recording of
plat vacated. This Ordinance shall vest
the portion of easement hereby vacated in
of Lot 3, Deerfield Estates, Section D
iy rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and ANNETTE
G. ARMBRUSTER, or their successors in title, as GRANTEE.
Ayes: Jaeckle, Holland and Elswick.
Nays: None.
Absent: Gecker and Warren.
Mr. Warren returned to the meeting.
17.C. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF VIRGINIA DEPARTMENT OF TRANSPORTATION
DRAINAGE EASEMENTS FOR THE POWHITE PARKWAY WIDENING
(ROUTE 288 - WATERMILL PARKWAY) PROJECT
Mr. Dupler stated this date and time has been advertised for
a public hearing for the Board to consider the exercise of
eminent domain for the acquisition of Virginia Department of
Transportation drainage easements for the Powhite Parkway
Widening (Route 288 - Watermill Parkway) Project.
Ms. Jaeckle called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
approved the exercise of eminent domain for the acquisition
of Virginia Department of Transportation drainage easements
for the Powhite Parkway Widening (Route 288 - Watermill
Parkway) Project across the properties of Riverstone
Properties LLC and GC Real Estate Corporation, and authorized
staff to enter and take such easements prior to eminent
domain proceedings.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
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17.D. TO CONSIDER MODIFICATION OF THE EXISTING "NO THROUGH
TRUCK TRAFFIC RESTRICTION" ON COURTHOUSE ROAD FROM
HULL STREET ROAD TO IRON BRIDGE ROAD
Mr. Dupler stated this date and time has been advertised for
a public hearing for the Board to consider modification of
the existing "No Through Truck Traffic Restriction" on
Courthouse Road from Hull Street Road to Iron Bridge Road.
Ms. Jaeckle called for public comment.
Mr. Woody Snider stated through trucks are a problem on
Courthouse Road and requested approval.
Ms. Karen Jones encouraged the Board to adopt the resolution.
No one else came forward to speak to the issue.
On motion of Mr. Holland, seconded by Elswick, for the Board
adopted the following resolution requesting that the Virginia
~~
Department of Transportation modify the existing No Through
Truck Traffic Restriction" on Courthouse Road to apply only
to the two-lane section of Courthouse Road between the Route
288 interchange and Iron Bridge Road (Route 10):
WHEREAS, in 1991 a "Through Truck Traffic Restriction"
was requested by Chesterfield County and approved by the
Commonwealth Transportation Board for Route 653/604
(Courthouse Road) between Route 360 (Hull Street Road) and
Route 10 (Iron Bridge Road); and
WHEREAS, at that time this entire section of Courthouse
Road was a two-lane roadway; and
WHEREAS, the recommended alternate route was Route 360,
Route 288 and Route 10; and
WHEREAS, the section of Courthouse Road between Route
360 (Hull Street Road) and Route 288 has now been widened to
a four-lane roadway; and
WHEREAS, the section
between Route 288 and Route
two-lane roadway; and
of Route 604 (Courthouse Road)
10 (Iron Bridge Road) is still a
WHEREAS, a reasonable alternate route has been
identified via Route 288 from Courthouse Road to Route 10
(Iron Bridge Road) and Route 10 (Ironbridge Road) from Route
288 to Route 604 (Courthouse Road); and
WHEREAS, the Chesterfield County Board of Supervisors
will use its good offices to ensure the proposed through
truck restriction is enforced; and
WHEREAS, a public hearing was held pursuant to the
provisions of section 46.2-809 of the Code of Virginia.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors requests that the Virginia Department of
Transportation modify the existing "Through Truck Traffic
Restriction" on Route 653/604 (Courthouse Road) to only apply
to the remaining two-lane section of Route 604 (Courthouse
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Road) between Route 288 and Route 10 (Iron Bridge Road), and
install the necessary signage advising of the restriction.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
17.E. TO CONSIDER PROPOSED ADJUSTMENTS TO PLANNING
DEPARTMENT FEES
Mr. Larson stated this date and time has been advertised for
a public hearing for the Board to consider proposed
adjustments to Planning Department fees.
Ms. Jaeckle called for public comment.
Mr. George Bryant expressed concerns relative to impacts of
zoning fees on large zoning cases and residential uses. He
stated the high fees discourage applicants from getting their
business in motion.
Mr. Andy Scherzer, with Balzer & Associates, expressed
concerns relative to fees associated with amending old zoning
cases.
No one else came forward to speak to the issue.
Mr. Holland commended Planning staff for an excellent job in
regards to adjusting fees. He stated it is important to
promote small business. He recommended the Board defer the
issue to gather further input.
Mr. Warren requested that staff return to the Board with a
more realistic fee on large lot developments.
Mr. Mincks noted the public hearing has been closed.
Mr. Warren made a motion, seconded by Mr. Holland, for the
Board to defer the consideration of proposed adjustments to
Planning Department fees until May 23, 2012.
Mr. Elswick requested that staff run costs relative to
acreage fees. He stated a full Board is needed to make a
final determination on the proposed fees.
Ms. Jaeckle also requested that staff further consider the
fees associated with amending old zoning cases. She stated
she supports the deferral.
Ms. Jaeckle called for a vote on the motion made by Mr.
Warren, seconded by Mr. Holland, for the Board to defer
consideration of proposed adjustments to Planning Department
fees until May 23, 2012.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
Mr. Holland requested information relative to budgetary
impacts of the proposed fee adjustments.
11-294
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
20. ADJOURNMENT
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adjourned at 9:34 p.m. until May 23, 2012 at 3:00 p.m.
Ayes: Jaeckle, Warren, Holland and Elswick.
Nays: None.
Absent: Gecker.
ames S egm er
County Administrator
Daniel A. Gecker
Chairman
11-295
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