2012-09-19 MinutesBOARD OF SUPERVISORS
MINUTES
September 19, 2012
Supervisors in Attendance:
Mr. Daniel A. Gecker, Chairman
Ms. Dorothy A. Jaeckle, Vice Chrm.
Mr. Arthur S. Warren
Mr. James M. Holland
Mr. Stephen A. Elswick
Mr. James J. L. Stegmaier
County Administrator
Staff in Attendance:
Dr. Sheryl Bailey, Dep.
County Administrator,
Management Services
Ms. Janice Blakley,
Clerk to the Board
Mr. Kevin Bruny, Chief
Learning Officer
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter,. Asst.
County Administrator
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Jeffrey L. Mincks,
County Attorney
Chief Edward L. Senter,
Fire Department
Ms. Marsha Sharpe, Dir.,
Social Services
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Kirk Turner, Dir.,
Planning
Mr. Scott Zaremba, Dir.,
Human Resource Programs
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Mr. Gecker called the regularly scheduled meeting to order at
3:00 p.m.
1. APPROVAL OF MINUTES FOR AUGUST 22, 2012
On motion of Mr. Holland, seconded by Mr. warren, the Board
approved the minutes for August 22, 2012, as submitted.
Ayes: Gecker, Jaeckle, warren, Holland and Elswick.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier reported that last week the America's
Promise Alliance announced that Chesterfield County has
been selected for the sixth consecutive time as one of
the 100 Best Communities for Young People.
• Mr. Stegmaier announced that Amazon was issued a
temporary Certificate of Occupancy last week. Employees
reported to the one million square foot fulfillment
center for training on Monday, September 17th
• Mr. Stegmaier was pleased to report Chesterfield's SCUBA
team received a 2011 Heroism Award from Firehouse
Magazine and were highlighted in the April 2012 edition
of the magazine. The efforts of the team were also
recognized recently by the International Association of
Fire Chiefs in the August 2012 edition of their
newsletter. Captain Gerald Pruden, Lt. Joel Britt, Lt.
Bryce Ford and Firefighter Gene Ledlie from the team
will receive Bronze Valor Awards on October 5th at an
event sponsored by the Retail Merchants Association.
• Mr. Stegamier announced Chesterfield County received a
Governor's Technology Award for Innovative Use of
Technology in Local Government for the Mug Shot Line Up
Application at the Commonwealth of Virginia Information
Technology Symposium conference in Henrico County.
In response to Mr. Stegmaier's report, Mr. Gecker stated most
of the county's achievements are a reflection of county
administration.
3. BOARD MEMBER REPORTS
Ms. Jaeckle announced that she attended the Greenleigh
Learning Center Open House on September 15 and the Jefferson
Davis Association's 20th Anniversary Celebration on September
18th. She commended the Jefferson Davis Association for their
involvement to better the community.
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4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
replaced Item 8.A.2., Appointments to the Youth Services
Citizen Board; replaced Item 8.B.2.a., Set Date for Public
Hearing to Consider the Draft Comprehensive Plan for
Chesterfield County; and replaced Item 8.B.6.b., Approval of
Right of Entry for the Reams Road/Rosegill Road Intersection
and Sidewalk Project.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
5. RESOLUTIONS
There were no Resolutions at this time.
6. WORK SESSIONS
There were no Work Sessions at this time.
7. DEFERRED ITEMS
7.A. CONSIDERATION OF AUTHORIZING AN APPLICATION TO AMEND
CONDITIONAL USE TO ALLOW USE OF THE POLICE AND FIRE
TRAINING FACILITIES AT THE PUBLIC SAFETY TRAINING
CENTER LOCATED ON ALLIED ROAD BY OTHER JURISDICTIONS
Mr. Turner stated Ms. Jaeckle requested that the item be
withdrawn in order to continue to work with representatives
of the community to address any concerns they may have with
the proposed changes to the application.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment to the Richmond Regional Planning
District Commission and the Youth Services Citizen Board.
Ayes: Gecker, Jaeckle, Warren, Holland and Jaeckle.
Nays: None.
8.A.1. RICHMOND REGIONAL PLANNING DISTRICT COMMISSION
On motion of Mr. Holland, seconded by Mr. Warren, the Board
simultaneously nominated/appointed Mr. Timothy M. Davey as
the county's citizen representative and Mr. William D. Dupler
as the county's alternate member on the Richmond Regional
Planning District Commission, whose terms are effective
immediately and will expire on December 31, 2015.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None
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8.A.2. YOUTH SERVICES CITIZEN BOARD
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
simultaneously nominated/appointed the following students to
the Youth Services Citizen Board, whose terms are effective
October 1, 2012 through June 30, 2012:
Ms. Tatijana Zamora
Ms. Noel Pena
Mr. Daniel Houck
Ms. Ashley Faison
Mr. Guy Cheatham
Ms. Sydney Jackson
Mr. Samuel St. Hill
Matoaca District
Matoaca District
Midlothian District
Midlothian District
Midlothian District
Clover Hill District
Clover Hill District
And, further, the Board appointed Ms. Jennifer Peers, adult
representative from the Clover Hill District, to the Youth
Services Citizen Board, whose term is effective October 1,
2012 through June 30, 2015.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8.B.l.a. RECOGNIZING OCTOBER 7-13, 2012, AS "FIRE PREVENTION
WEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the County of Chesterfield is committed to
ensuring the safety and security of all those living in and
visiting our county; and
WHEREAS, fire is_a serious public safety concern both
locally and nationally, and homes are where people are at
greatest risk of fire; and
WHEREAS, home fires killed more than 2,600 people in the
United States in 2010, according to the latest research from
the nonprofit National Fire Protection Association (NFPA),
and fire departments in the United States responded to more
than 369,000 home fires; and
WHEREAS, only one-third of Americans have both developed
and practiced a home fire escape plan, and
WHEREAS, almost three-quarters of Americans do have an
escape plan; however, less than half have actually practiced
it, and
WHEREAS, working smoke alarms cut the risk of dying in
reported home fires in half; and
WHEREAS, Chesterfield Fire and EMS personnel are
dedicated to reducing the occurrence of home fires and home
fire injuries through prevention and protection education;
and
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WHEREAS, Chesterfield County residents are responsive to
public education measures and are able to take personal steps
to increase their safety from fire, especially in their
homes; and
WHEREAS, Chesterfield County residents who have planned
and practiced a home fire escape plan are more prepared and,
therefore, will be more likely to survive a fire; and
WHEREAS, the 2012 Fire Prevention Week theme, "Have 2
Ways Out!" effectively serves to remind us to develop and
practice a home fire escape plans during Fire Prevention Week
and year-round.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes October 7-13, 2012, as
"Fire Prevention Week" throughout the county, and urges all
the people of Chesterfield County to practice their home fire
escape plan during Fire Prevention Week 2012, and to support
the many public safety activities and efforts of Chesterfield
County's Fire and Emergency Medical Services Department.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.l.b. RECOGNIZING OCTOBER 7-13, 2012, AS "PARALEGALS
WEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, legal assistants and paralegals provide skilled
and essential professional services to licensed attorneys
throughout Virginia; and
WHEREAS, legal assistants and paralegals receive formal
education and training and gain valuable experience working
under the supervision of licensed attorneys; and
WHEREAS, the Virginia Alliance of Paralegals
Associations (NAPA) issues educational standards and
professional guidelines to ensure that legal assistants are
competent and knowledgeable about their field; and
WHEREAS, the research and administrative work performed
by legal assistants and paralegals are essential to the
ability of attorneys to provide their clients with quality
legal services and representation; and
their occupation; and
WHEREAS, NAPA member organizations sponsor educational
programs, seminars and forums designed to bring legal
assistants together to exchange ideas and methods used in
WHEREAS, the NAPA encourages legal assistants and
paralegals to adhere to a high degree of ethical and
professional conduct and proficiency by issuing a code of
ethics for legal assistants and paralegals to practice.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes October 7-13, 2012, as
"Paralegals'. Week" in Chesterfield County and calls its
significance to the attention of all its citizens.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.l.c. RECOGNIZING SEPTEMBER 22-29, 2012, AS "WAKE UP TO
MEDICATION ABUSE WEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the Centers for Disease Control and Prevention
have called prescription drug abuse a national epidemic among
adults and young people; and
WHEREAS, nationally, the number of drug deaths now
exceed the number of motor vehicle deaths; and
WHEREAS, every day more than 2000 youths in the United
States use a prescription drug to get high for the first
time; and
WHEREAS, unintentional drug poisoning is the most
frequent cause of injury hospitalization in youths 15-19 in
Virginia; and
WHEREAS, data from the 2012 Chesterfield Community Youth
Survey of youths in grades 8, 10 and 12 shows that the
percentage of Chesterfield teens abusing medications is above
national averages in all categories, including stimulants
(such as Adderall, Ritalin); narcotics (such as Oxycontin,
Vicodin); sedatives (barbiturates, sleeping pills);
tranquilizers (such as Valium, Xanax); and over-the-counter
medications (such as cough syrup); and
WHEREAS, SAFE, Chesterfield's substance abuse prevention
coalition, is partnering with Youth Planning and Development
and a broad cross section of community sectors, including
healthcare professionals, law enforcement, local and state
agencies, educators, pharmaceutics, prevention and treatment
providers, parents, the recovery community and others to
develop and implement local initiatives to address the
problem; and _
WHEREAS, The Partnership at Drugfree.org, a national
organization that helps parents prevent, intervene and find
treatment for drug and alcohol use by their children, is
sponsoring a national "Wake Up to Medication Abuse" week
September 22-29 to raise awareness of medication abuse; and
WHEREAS, SAFE currently incorporates the strategies of
this initiative in its work, which are to:
Educate about the dangers of abusing prescription and
over-the-counter medicines
Monitor prescriptions and over-the-counter medicines
Safeguard and properly dispose of unused medication
Eliminate improper prescribing and dispensing practices;
and
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WHEREAS, SAFE is sponsoring an Educational Forum on
Prescription Drug Abuse for physicians, physician assistants,
nurse practitioners, pharmacists, and dentists on September
22 at John Tyler Community College; and
WHEREAS, the Chesterfield Police Department, in
partnership with SAFE and Youth Planning and Development, is
providing a medication take-back event on September 22 at
Chesterfield Towne Center and on September 29 at the Eanes-
Pittman Public Safety Training Center; and
WHEREAS, SAFE will be working with the media to call
attention to the issue of medication abuse during the week of
September 22-29.
NOW, THEREFORE, BE IT RESOLVED
County Board of Supervisors recognizes
as "Wake Up to Medicine Abuse Week" in
focus attention on the importance of
abuse and to highlight community ei
reduce it.
that the Chesterfield
September 22-29, 2012,
Chesterfield County to
preventing medication
:forts to prevent and
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.l.d. RECOGNIZING SEPTEMBER 24, 2012, AS "FAMILY DAY" IN
CHESTERFIELD COUNTY
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the observance of "Family Day - A Day to Eat
Dinner with Your Children" provides a unique opportunity for
families in Chesterfield County to join one another at the
dinner table as a means of strengthening family
relationships; and
WHEREAS, parental influence is known to be one of the
most crucial factors in determining the likelihood of
substance abuse by teenagers; and
WHEREAS, surveys conducted by the National Center on
Addiction and Substance Abuse have consistently found that
children and teenagers who routinely eat dinner with their
families are far less likely to use cigarettes, alcohol and
illegal drugs; and
WHEREAS, meal times offer opportunities for families to
spend time together, providing a basic structure that
strengthens and encourages lasting relationships; and
WHEREAS, young people from families who have infrequent
family dinners compared to those that have frequent family
dinners are two and a half times more likely to have used
tobacco and marijuana and one and a half times more likely to
have consumed alcohol; and
WHEREAS, the correlation between family dinners and
reduced risk for teen substance abuse is well documented; and
WHEREAS, Chesterfield County Youth Planning and
Development and SAFE Inc., Chesterfield's substance abuse
prevention coalition, are promoting the importance of family
dinners to parents in Chesterfield County, Virginia; and
WHEREAS, the Chesterfield County Board of Supervisors
recognizes that eating dinner as a family is an important
step toward raising drug-free children.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Monday, September 24,
2012, as "Family Day - A Day to Eat Dinner With Your
Children," to recognize the positive impact of strong family
interaction on the well-being and future success of the young
people in Chesterfield County.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.l.e. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.B.1.e.1. MS. BELINDA DELPH, SOCIAL SERVICES DEPARTMENT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Ms. Belinda S. Delph began her tenure in public
service with the Giles County Welfare Department in 1974 and
continued her service at the Roanoke County Department of
Social Services and the Henrico County Department of Social
Services serving as both an Eligibility Worker and a Social
Worker; and
WHEREAS, Ms. Delph began her service with the
Chesterfield-Colonial Heights Department of Social Services
on September 24, 1984, as an Eligibility Worker and
subsequently was promoted on November 13, 1995, to Social
Worker serving child care recipients; and
WHEREAS, in her role as Child Care Social Worker, Ms.
Delph gained exceptional command of child care policy and was
instrumental in instructing new workers on the team regarding
the policy, and she frequently served as a resource to other
team members regarding the policy; and
WHEREAS, during her tenure at Chesterfield/Colonial
Heights, Ms. Delph served on several agency committees,
including Local Automation, Child Care Payment Issues,
Communication, and Eligibility Intake, all focused on the
improvement of internal processes; and
WHEREAS, she served the citizens of our area while
staffing emergency shelters during Hurricanes Isabel and
Irene; and
WHEREAS, Ms. Delph has demonstrated team work as she
supported the mission of the agency and Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Ms. Belinda S. Delph, expresses the
appreciation of all residents for her service to the county,
and offers congratulations upon her retirement.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.B.i.e.2. MR. GLENN E. BIRDSONG, UTILITIES DEPARTMENT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Mr. Glenn A. Birdsong retired from the
Chesterfield County Utilities Department on July 1, 2012; and
WHEREAS, Mr.
Chesterfield County
Chesterfield County
Trainee; and
WHEREAS, Mr.
Operator in 1989,
retirement; and
Birdsong began his public service with
on May 1, 1978, when he was hired by the
Utilities Department as a Plant Operator
Birdsong was promoted to Chief Plant
where he served faithfully until his
WHEREAS, Mr. Birdsong directed the day-to-day operations
and maintenance activities of the Falling Creek Wastewater
Treatment Plant, which currently has a treatment capacity of
10.1 million gallons per day, an operating budget of $3.6
million, sludge handling and disposal programs; and
WHEREAS, Mr. Birdsong also was responsible for the
Falling Creek Wastewater Pumping Station and provided
technical direction to a staff of 15 employees including
three direct reports; and
WHEREAS, from 1978 to 2012, Mr. Birdsong brought the
Chesterfield County Utilities Department into the new
millennium as a responsible protector of the environment by
providing wastewater treatment that is safe, reliable and
environmentally sound; and
WHEREAS, Mr. Birdsong supported training programs that
resulted in operator certification and an Environmental
Management System that was awarded the Exemplary
Environmental Enterprise, or E3, designation by the
Department of Environmental Quality in December 2008; and
WHEREAS, Mr. Birdsong acted as an exemplary steward of
the public trust by optimizing plant operations in the most
cost-effective manner; and
WHEREAS, Mr. Birdsong strived to ensure the Chesterfield
County Department of Utilities was an employer of choice by
selecting and maintaining a diverse, high-performing
workforce though his seasoned leadership skills; and
WHEREAS, Mr. Birdsong continuously utilized his
knowledge of the Falling Creek Wastewater Treatment Plant
operations and equipment to ensure effluent quality that met
state discharge permit requirements; and
WHEREAS, Mr. Birdsong was an active member of the
project team for the design and construction of the $29
million biological nutrient removal project at the Falling
Creek Wastewater Treatment Plant, and through his seasoned
leadership and communication skills, effectively conveyed the
operational needs of the facility ensuring regulatory
compliance during the three-year construction period and well
into the future; and
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WHEREAS, Mr. Birdsong was highly respected and liked by
his peers and co-workers; and
WHEREAS, Mr. Birdsong willingly and faithfully worked
after hours and during emergencies to ensure continued permit
compliance of the Falling Creek Wastewater Treatment Plant;
and
WHEREAS, Mr. Birdsong's efforts were recognized by the
wastewater industry throughout his career through numerous
awards and recognitions including Virginia Water Environment
Association's Safety Award, Association of Metropolitan Sewer
Agencies' Gold and Silver Awards, National Association of
Clean Water Agencies' Gold Award, and the Department of
Environmental Quality's E3 Award; and
WHEREAS, throughout his career with Chesterfield County,
Mr. Birdsong displayed dependability, aptitude, and good
character and values.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Glenn A. Birdsong
and extends on behalf of its members and citizens of
Chesterfield County, appreciation for more than 34 years of
exceptional service to the county.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.1.e.3. MR. ANDREW S. ROSS, UTILITIES DEPARTMENT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Mr. Andrew S. Ross retired from the
Chesterfield County Utilities Department on July 1, 2012; and
WHEREAS, Mr. Ross began his public service with
Chesterfield County on June 1, 1975, when he was hired by
the Chesterfield County Utilities Department as a Plant
Operator Trainee; and
WHEREAS, Mr. Ross became Assistant Chief Plant Operator
in 1989, where he served faithfully until his retirement; and
WHEREAS, Mr. Ross directed the shift operations of the
Falling Creek Wastewater Treatment Plant which has a current
treatment capacity of 10.1 million gallons per day with an
operating budget of $3.6 million, and provided technical
direction to a staff of four employees; and
WHEREAS, Mr. Ross was committed to pollution prevention
and environmental compliance through his participation in the
Environmental Management System, or EMS, Team at the Falling
Creek Wastewater Treatment Plant in March 2007; and
WHEREAS, Mr. Ross made a significant time commitment to
the EMS program through internal meetings and numerous
training workshops at the Virginia Tech COTA Center in
Roanoke, Virginia; and
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WHEREAS, Mr. Ross' efforts
Falling Creek Wastewater Treatment
Department of Environmental Qua]
Enterprise participant in the
Excellence Program in March 2008
Environmental Enterprise, or E3,
2008; and
were rewarded when the
Plant was accepted by the
.ity as an Environmental
Virginia Environmental
and then as an Exemplary
participant in December
WHEREAS, Mr. Ross served as a responsible protector of
the environment and continuously used his knowledge of the
Falling Creek Wastewater Treatment Plant's operations and
equipment to provide wastewater treatment that was safe,
reliable and environmentally sound and ensured effluent
quality. that met state discharge permit requirements; and
WHEREAS, Mr. Ross was highly respected and liked by his
peers and co-workers; and
WHEREAS, Mr. Ross willingly and faithfully worked after
hours and during emergencies to ensure continued permit
compliance at the Falling .Creek Wastewater Treatment Plant;
and
WHEREAS, Mr. Ross' efforts were recognized by the
wastewater industry throughout his career through numerous
awards and recognitions including the Virginia Water
Environment Association's Safety Award, Association of
Metropolitan Sewer Agencies' Gold and Silver Awards, National
Association of Clean water Agencies' Gold Award, and the
Department of Environmental Quality's E3 Award; and
WHEREAS, throughout his career with Chesterfield County,
Mr. Ross displayed dependability, aptitude, and good
character and values.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Andrew S. Ross and
extends on behalf of its members and citizens of Chesterfield
County, appreciation for more than 37 years of exceptional
service to the county.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.1.e.4. MR. JOHN E. WATERS, UTILITIES DEPARTMENT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Mr. John E. Waters will retire from the
Chesterfield County Utilities Department on September 1,
2012; and
Treatment Plant until 1989; and
WHEREAS, in 1981, Mr. Waters began his public service
with the Chesterfield County Utilities Department working as
a Principal Plant Operator at Falling Creek Wastewater
WHEREAS, in 1985, Mr. Waters enhanced his skills by
obtaining his Class 1 Wastewater Operator license; and
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WHEREAS, in 1996, Mr. Waters returned to the Utilities
Department, serving as Engineering Assistant and finally
Senior Engineering Assistant for the Industrial Wastewater
Pretreatment Program until his retirement; and
WHEREAS, throughout his employment with the county, Mr.
Waters provided hands-on training to many of his co-workers
in the industrial wastewater field; and
WHEREAS, Mr. Waters spent countless hours investigating
incidents such as illicit discharges and sanitary sewer
blockages; and
WHEREAS, on numerous occasions, Mr. Waters made
exceptional contributions to the Pretreatment Program by
providing solutions and improvements to industrial customers
on matters related to their pretreatment processes; and
WHEREAS, Mr. Waters was recognized by his peers for his
teamwork and professional contributions to the construction
and operations of the pilot plant that was used for valuable
research in pretreatment applications; and
WHEREAS, Mr. Waters focused on and provided world-class
customer service, consistently meeting or exceeding
expectations by assuring that all customers' needs and
expectations were met in an expeditious, courteous and
effective manner; and
WHEREAS, Mr. Waters was highly respected and liked by
his peers and co-workers and he established excellent working
relationships with both internal and external customers; and
WHEREAS, Mr. Waters' jovial personality and great sense
of humor enabled him to create a stress-free work
environment; and
WHEREAS, throughout his career with Chesterfield County,
Mr. Waters displayed unparalleled dependability, aptitude,
good character and values.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, recognizes Mr. John E. Waters
and extends on behalf of its members and the citizens of
Chesterfield County, appreciation for more than 24 years of
exceptional service to the county.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.l.f. RECOGNIZING MR. JOE EVANS ON THE OCCASION OF HIS
NINETY-SIXTH BIRTHDAY
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, jazz is a music genre enjoyed by millions of
fans around the world; and
WHEREAS, Chesterfield County, Virginia, proudly claims
one of the all-time great jazz saxophonists, Joe Evans, as a
resident; and
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WHEREAS, Mr. Evans was born in the small town of Bonify,
Florida, on October 7, 1916, and was raised in nearby
Pensacola; and
WHEREAS, as a young man, he took saxophone lessons, and
became an accomplished alto saxophone player; and
WHEREAS, in 1939, when he was 23, Mr. Evans left for New
York City to play in the Erskine Hawkins Band, and later that
same year, in the Cam Williams Band; and
WHEREAS, in demand for his musical talent, Mr. Evans
advanced his career by changing bands frequently, building
his musical resume' and experience; and
WHEREAS, over the years, he played with many jazz
greats, including Sil Austin, Paul Williams, Lionel Hampton
and Louis Armstrong; as well as Billie Holiday, Bill
"Bojangles" Robinson, Johnny Hodges, Nat "King" Cole, Cab
Calloway and Charlie Parker, and others; and
WHEREAS, Mr. Evans recalls that, as a young man, he
enjoyed watching boxing greats Jack Johnson and Joe Lewis;
and
WHEREAS, during the challenging years of World War II,
he admired President Franklin Delano Roosevelt's oratorical
style and inspiring Fireside Chats; and
WHEREAS, Mr. Evans formed his own independent record
business, Cee Jay Records, with trombonist Jack Rags, and
years later, Carnival Records, which he established while
running his own publishing company; and
WHEREAS, Carnival Records produced 63 singles, as well
as two albums by The Manhattans; and
WHEREAS, never satisfied unless he was advancing, the
multi-talented Mr. Evans earned a Master's Degree in Social
Services in his senior years; and
WHEREAS, Mr. Evans had his autobiography, titled, Follow
Your Heart: Moving with the Giants of Jazz, Swing, and Rhythm
and Blues, co-authored by Virginia Commonwealth University
Professor Christopher Brooks, published in 2008.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, on behalf of all Chesterfield
County residents, hereby extends best wishes and hearty
congratulations to Mr. Joe Evans on the occasion of his 96th
birthday on October 7, 2012; and thanks him for his
innumerable contributions to the timeless world of jazz
music.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.B.2. SET DATES FOR PUBLIC HEARINGS
8.B.2.a. TO CONSIDER THE DRAFT COMPREHENSIVE PLAN FOR
CHESTERFIELD COUNTY
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
set October 10, 2012 as the date for a public hearing to
consider the draft Comprehensive Plan for Chesterfield
County.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.2.b. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK
TRAFFIC ON WESTFIELD ROAD
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
set October 10, 2012 as the date for a public hearing to
consider the restriction of through truck traffic on
Westfield Road.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.3. INITIATE AN APPLICATION TO AMEND CONDITIONAL USE
(CASE 77S0036) TO ALLOW ADDITIONAL SIGNAGE, PLUS
CONDITIONAL USE PLANNED DEVELOPMENT TO PERMIT
EXCEPTIONS TO ORDINANCE REQUIREMENTS FOR OFFSITE
DIRECTIONAL SIGNS AND SIGN SETBACKS IN THE VICINITY
OF THE COUNTY GOVERNMENT CENTER COMPLEX
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
initiated an application to amend conditional use (Case
77SN0036) to allow additional signage, and conditional use
planned development to permit exceptions to ordinance
requirements for offsite directional signs and sign setbacks,
in Agricultural (A), Neighborhood Business (C-2) and
Community Business (C-3) Districts, appointed Kirk Turner as
agent for the Board of Supervisors for the purpose of the
application, and waived disclosure.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.4. STATE ROADS ACCEPTANCES
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
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NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Bon Secours Watkins Centre Medical
Office Park
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
• East West Road, State Route Number 7645
From: Watkins Centre Parkway, (Route 798)
To: 0.11 miles east of Watkins Centre Parkway, (Route 798),
a distance of: 0.11 miles.
Recordation Reference: DB 9294, PG 56, 70
Right of Way width (feet) = 90 feet
• East West Road, State Route Number 7645
From: 0.11 miles east of Watkins Centre Parkway, (Route 798)
To: 0.13 miles east of Watkins Centre Parkway, (Route 798)
to End of Maintenance, a distance of: 0.02 miles.
Recordation Reference: DB 9294, PG 56, 70
Right of Way width (feet) = 90 feet
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
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Project/Subdivision: Stonebridge Gardens and a portion of
South Chalkley Road
Tune Change to the Secondarv Svstem of State Hiahwavs:
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• South Chalkley Road., State Route Number 632
From: Carver Heights Drive, (Route 708)
To: North to East Stonepath Garden Drive, (Route
distance of: 0.07 miles.
Recordation Reference: DB 7569, PG 547
Right of Way width (feet) = 90 feet
• East Stonepath Garden Drive, State Route Number
From: South Chalkley Road, (Route 632)
To: Cul-de-sac, a distance of: 0.12 miles.
Recordation Reference: DB 7569, PG 547
Right of way width (feet) = 47 feet
7613), a
7613
• South Chalkley Road, State Route Number 632
From: East Stonepath Garden Drive, (Route 7613)
To: 0.07 miles north of East Stonepath Garden Drive, (Route
7613), a distance of: 0.07 miles.
Recordation Reference: DB 7569, PG 547
Right of Way width (feet) = 90 feet
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Summer Lake Section 6
Type Change to the Secondary System of State Highways:
n~~;t;~r
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: X33.1-229
Street Name and/or Route Number
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• Jennway Mews, State Route Number 7649
From: Jennway Loop, (Route 7080)
To: 0.09 miles east to the Cul-de-sac, a distance of: 0.09
miles.
Recordation Reference:. PB 183, PG 35
Right of way width (feet) = 40 feet
• Summer Lake Drive, State Route Number 5828
From: Summer Lake Court, (Route 7652)
To: 0.02 miles east to Summer Lake Court, (Route 7652), a
distance of: 0.02 miles.
Recordation Reference: PB 183, PG 35
Right of Way width (feet) = 50 feet
• Easter Road, State Route Number 7651
From: Summer Lake Drive, (Route 5828)
To: 0.01 miles south to the Cui-de-sac, a distance of: 0.01
miles.
Recordation Reference: PB 183, PG 35
Right of Way width (feet) = 50 feet
• Summer Lake Drive, State Route Number 5828
From: Easter Road, (Route 7651)
To: Summer Lake Court, (Route 7652), a distance of: 0.04
miles.
Recordation Reference: PB 183, PG 35
Right of Way width (feet) = 50 feet
• Jennway Loop, State Route Number 7080
From: Easter Road, (Route 7651)
To: 0.5 miles west of Jennway Terrace,
distance of: 0.06 miles.
Recordation Reference: PB 183, PG 35
Right of Way width (feet) = 44 feet
• Summer Lake Drive, State Route Number
From: Summer Lake Court, (Route 7652)
To: Summer Lake Terrace, (Route 7653),
miles.
Recordation Reference: PB 183, PG 35
Right of Way width (feet) = 50 feet
• Jennway Loop, State Route Number 7080
From: Jennway Mews, (Route 7649)
To: 0.15 miles south to Jennway Turn,
distance of: 0.15 miles.
Recordation Reference: PB 183, PG 35
Right of Way width (feet) = 44 feet
(Route 7082), a
5828
a distance of: 0.07
(Route 7650), a
• Jennway Loop, State Route Number 7080
From: Jennway Turn, (Route 7650)
To: Easter Road, (Route 7651), a distance of: 0.08 miles.
Recordation Reference: PB 183, PG 35
Right of Way width (feet) = 44 feet
• Jennway Loop, State Route Number 7080
From: Lake Summer Drive, (Route 5657)
To: 0.05 miles south to Jennway Mews, (Route 7649), a
distance of: 0.05 miles.
Recordation Reference: PB 183, PG 35
Right of Way width (feet) = 44 feet
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• Summer Lake Drive, State Route Number 5828
From: Summer Lake Terrace, (Route 7653)
To: 0.5 miles east of Summer Lake Terrace, (Route 7653), a
distance of: 0.05 miles.
Recordation Reference: PB 183, PG 35
Right of Way width (feet) = 50 feet
• Summer Lake Terrace, State Route Number 7653
From: Summer Lake Drive, (Route 5828)
To: 0.06m to the Cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: PB 183, PG 35
Right of Way width (feet) = 40 feet
• Easter Road, State Route Number 7651
From: Summer Lake Drive, (Route 5828)
To: 0.01 miles south to the Cul-de-sac, a distance of: 0.01
miles.
Recordation Reference: PB 183, PG 35
Right of Way width (feet) = 50 feet
• Summer Lake Court, State Route Number 7652
From: 0.04 miles east of Easter Road, (Route 7651)
To: 0.07 miles west to Summer Lake Terrace, (Route 7653), a
distance of: 0.06 miles.
Recordation Reference: PB 183, PG 35
Right of Way width (feet) = varies
• Jennway Turn, State Route Number 7650
From: Jennway Loop, (Route 7080)
To: 0.03 miles north to the Cul-de-sac, a distance of: 0.03
miles.
Recordation Reference: PB 183, PG 35
Right of Way width (feet) = 40 feet
• Easter Road, State Route Number 7651
From: Jennway Loop, (Route 7080)
To: Summer Lake Drive, (Route 5828), a distance of: 0.04
miles.
Recordation Reference: PB 183, PG 35
Right of Way width (feet) = 50 feet
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.5. ACCEPTANCE OF PARCELS OF LAND
8.B.5.a. ALONG WOOLRIDGE ROAD FROM JOHN HUDSON ANDERSON, JR.
AND SHARON LUDFORD ANDERSON, TRUSTEES
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
accepted the conveyance of a parcel of land along Woolridge
Road containing 0.002 acres from John Hudson Anderson, Jr.
and Sharon Ludford Anderson, Trustees and authorized the
County Administrator to execute the deed.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.B.5.b. FOR THE EXTENSION OF BROADMOOR ROAD AND EASTER ROAD
FROM WINDSWEPT DEVELOPMENT, LC
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
accepted the conveyance of a parcel of land containing 1.259
acres for the extension of Broadmoor Road and Easter Road
from Windswept Development, LLC, and authorized the County
Administrator to execute the deed.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.6. APPROVAL OF RIGHTS OF ENTRY
8.B.6.a. ON SWIFT CREEK ELEMENTARY SCHOOL PROPERTY FOR THE
BRANDERMILL HEADWALL IMPROVEMENTS PROJECT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved the right of entry on Swift Creek Elementary School
property for the Brandermill Headwall Improvements Project.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.6.b. FOR THE REAMS ROAD/ROSEGILL ROAD INTERSECTION AND
SIDEWALK PROJECT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved a request from the Virginia Department of
Transportation for right of entry on county owned right of
way for the construction of the Reams Road/Rosegill Road
Intersection and Sidewalk Project.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.7. REQUESTS FOR PERMISSION
8.B.7.a. FROM ALBERT S. BYERS AND JULIE T. BYERS FOR A DECK
TO ENCROACH WITHIN AN EIGHT.-FOOT EASEMENT ACROSS
LOT 2, STONE HARBOR, SECTION A
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
granted Albert S. Byers and Julie T. Byers permission for a
deck to encroach within an 8' easement across Lot 2, Stone
Harbour, Section A, subject to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12-512
8.B.7.b. FROM CHARLES E. COVEY AND PHYLLIS A. COVEY TO
INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE
EASEMENT TO SERVE PROPERTY ON OSTERBIND LANE
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
granted Charles E. Covey and Phyllis A. Covey permission to
install a private water service within a private easement,
and authorized the County Administrator to execute the water
connection agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.7.c. FROM FEDERICO M. FIRME AND ELISA W. FIRME FOR AN
EXISTING FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT
DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS
LOT 11, BRANCH'S BLUFF, SECTION 1
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
granted Federico M. Firme and Elisa W. Firme permission for
an existing fence to encroach within a 16' drainage easement
and an 8' easement across Lot 11, Branch's Bluff, Section 1,
subject to the execution of a license agreement. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.7.d. FROM PRANAMI II, LLC TO INSTALL A PRIVATE WATER
SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY
ON WILLIS ROAD
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
granted Pranami II, LLC permission to install a private water
service within a private easement, and authorized the County
Administrator to execute the water connection agreement. (It
is noted a copy of the plat is filed with the papers of this
Board . )
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.7.e. FROM BERNARDO SALGADO FOR A PROPOSED PRIVACY
FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT
ACROSS LOT 30, BLOCK F, ORCHARDHILL, SECTION 5
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
granted Bernardo Salgado permission for a proposed privacy
fence to encroach within an 8' easement across Lot 30, Block
F, Orchardhill, Section 5, subject to the execution of a
license agreement. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.B.8. AWARD OF CONSTRUCTION CONTRACTS
8.B.8.a. FOR THE ECOFF AVENUE WATERLINE IMPROVEMENTS PROJECT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
awarded a construction contract to Southern Construction
Utilities, Inc. in the amount of $233,777, and authorized a
transfer of $90, 000 from the water fund balance to the Ecoff
Avenue Waterline Improvements Project and authorized the
County Administrator to execute the necessary documents.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.8.b. FOR THE FALLING CREEK CIRCLE SEWER REHABILITATION
PROJECT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
awarded a construction contract to Dickerson Construction LLC
in the amount of $350,315 for the Falling Creek Circle Sewer
Rehabilitation Project and authorized the County
Administrator to execute the necessary documents.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.10. APPROVAL OF A FORTY-FIVE MILE PER HOUR SPEED LIMIT
ON MAGNOLIA GREEN PARKWAY AND CHAMPIONSHIP CROSSING
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution establishing a 45 mile per
hour speed limit on Magnolia Green Parkway and Championship
Crossing:
WHEREAS, the section of Magnolia Green Parkway between
Hull Street Road and Championship Crossing, and the section
of Championship Crossing between Magnolia Green Parkway and
Hosta Lane are not State maintained roads; and
WHEREAS, Sections 46.2-878 and 4&.2-1300 of the Code of
Virginia enable the Board of Supervisors to establish speed
limits on roads within the County that are not State
maintained; and
WHEREAS, a traffic engineering investigation has been
completed for these sections of Magnolia Green Parkway and
Championship Crossing.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby establishes a 45 mile per
hour speed limit on Magnolia Green Parkway between Hull
Street Road and Championship Crossing and a 45 mile per hour
speed limit on the section of Championship Crossing between
Magnolia Green Parkway and Hosta Lane, and that such speed
limits shall be effective when 45 mile per hour speed limit
signs are installed.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12-514
8.B.11. APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED
WITH THE ROUTE 60 MALL ACCESS IMPROVEMENT PROJECT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
appropriated $500,000 in anticipated VDOT reimbursements;
authorized the County Administrator to proceed with the Route
60 Mall Access Improvement Project and to enter into all
appropriate agreements and contracts; and awarded a
construction contract to the lowest responsible bidder in an
amount not to exceed $350,000.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.12. APPROPRIATION AND TRANSFER OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS AND INCREASE THE AMOUNT AUTHORIZED
FOR AWARD OF A CONSTRUCTION CONTRACT FOR THE
HARROWGATE ROAD SIDEWALK PROJECT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
appropriated and transferred $30,000 in Community Development
Block Grant funds for the Harrowgate Road Sidewalk Project
and increased the construction contract amount the County
Administrator is authorized to award to $195,224.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.13. APPROVAL OF CHANGE ORDER FOR MAINTENANCE AND REPAIRS
OF THE 1917 COURTHOUSE AND AUTHORIZATION FOR THE
COUNTY ADMINISTRATOR TO EXECUTE ADDITIONAL CHANGE
ORDERS TO COMPLETE THE PROJECT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved Change Order Number Four (4) to J.W. Enochs,
Incorporated for maintenance and repairs of the 1917
Courthouse, in the amount of $39,078.64, and increased the
County Administrator's change order signature authority by an
additional $25,000 above the cumulative value of $102,020.14
in change orders through said Change Order Number Four (4).
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
The following item was removed from the Consent Agenda for
Board discussion:
8.B.9. CONVEYANCE OF OPEN-SPACE EASEMENT TO THE VIRGINIA
DEPARTMENT OF HISTORIC RESOURCES FOR THE PRESERVATION
OF HISTORIC POINT OF ROCKS
In response to Mr. Gecker's questions, Mr. Golden stated the
draft needs a fair amount of work. He further stated there
needs to be an easement that the National Park Service and
the Virginia Department of Historic Resources agrees to in
order to get the grant funds.
Mr. Mincks stated the execution is not mandated if further
revisions are required. He further stated the County
Administrator and the Chairman are authorized to execute the
easement.
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Mr. Golden stated the draft is not prepared for Board
approval at this point.
In response to Mr. Gecker's question relative to the grant
process, Mr. Golden stated staff is working with the property
owners regarding closing issues. He further stated the
requirements have changed since the last acquisition. He
stated the grant has been approved.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
authorized the Chairman of the Board of Supervisors and
County Administrator to execute an open-space easement for
the preservation of Historic Point of Rocks. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
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: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Robert E. Russell, Sr. expressed concerns relative to the
practices of gold and silver dealers in the county.
Mr. Wayne Frith, Executive Director of SAFE, expressed his
appreciation to the Board for their support of SAFE's
initiatives.
11. DINNER
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
recessed to the Airport Fire Station #15 for dinner.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Reconvening:
12. INVOCATION
Minister Angela Roberts, New Direction Evangelistic Church,
gave the invocation.
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13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Berkeley Dale Ward Galstan led the Pledge of
Allegiance.
14. RESOLUTIONS
14.A. RECOGNIZING SEPTEMBER 2012 AS "WORKFORCE DEVELOPMENT
MONTH" IN CHESTERFIELD COUNTY
Ms. Snead introduced Ms. Karen Aylward, Ms. Sara Dunnigan and
Mr. Adam Austin, who were present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, meaningful employment is fundamental to
maintaining a healthy and vibrant economy as well as to
providing residents of the Capital Region with a sense of
self-worth and contribution to their families and communities;
and
WHEREAS, the workforce of the Capital Region is the
region's greatest asset and is vital to the region's ability
to expand economic opportunities and firmly establish and
maintain the Capital Region as a global leader in the 21St
century; and
WHEREAS, the dedicated men and women who support the
workforce talent needs of the Capital Region through the
Capital Region Workforce Partnership, which includes: the
Resource Workforce Investment Board, the Capital Region
Consortium of Elected Officials, the Capital Region Youth
Council, and the organizations and agencies that staff the
Resource Workforce Centers; all working with business,
education, economic development, government, community-based
and faith-based organizations and a myriad of training
providers and other critical partners, are committed to
assisting the Capital Region during these extraordinary
economic times by providing exemplary career training and
employment assistance to more than 23,000 citizens annually
through the Resource Workforce Centers and Resource
Community-Based Share Sites; and
WHEREAS, the Capital Region's workforce system serves
as a single point of contact for business, economic
development and job seekers alike in the City of Richmond and
the counties of Charles City, Chesterfield, Goochland,
Hanover, Henrico, New Kent and Powhatan; and
WHEREAS, the Capital Region Workforce Partnership
remains firmly committed to the top priority of helping
unemployed citizens return to work with new and/or enhanced
skills and credentials; assisting youths establish and
implement their plans for post-secondary education and
training; and assisting those who are employed to advance
within their career pathways and professions while
maintaining the workforce system's demand-driven, business-
led focus and strengthening the Capital Region's talent
supply chain to ensure a sustainable and vibrant economic
future for the Capital Region; and
WHEREAS, the Capital Region is one of fifteen Workforce
Investment Areas in the Commonwealth of Virginia; and
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WHEREAS, as a member of the Virginia Workforce N~~we~k,
the Capital Region Workforce Partnership is engaged in
enhancing the Commonwealth's ability to compete nationally
and internationally by assisting employers in ree~uitng,
retaining, and improving the performance of all workers and
their enterprises.
NOW, THEREFORE, BE IT RESOLVED that- the Board of
Supervisors of Chesterfield County, Virginia,- this 19`h t~~y of
September 2012, publicly recognizes September ~OZ~ as
"Workforce Development Month" and calls this observan`e to
the attention of all citizens.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Mr. Holland presented the executed resolution to Ms. Aylward,
Ms. Dunnigan and Mr. Austin and commended them on the
services they provide assisting employers to help improve the
performance of all workers and their potential.
Ms. Aylward and Ms. Dunnigan expressed their appreciation to
the Board for their continued support.
14.B. RECOGNIZING "CHRISTMAS MOTHER DAY" IN CHESTERFIELD
COUNTY
Ms. Sharpe introduced Mrs. Kathryn Lunsford, this year's
Christmas Mother, who was present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, most families in Chesterfield County enjoy
peace and happiness during the Christmas holidays; and
WHEREAS, there are many children, elderly and less
fortunate who do not have the means to enjoy this special
time of year; and
WHEREAS, the Chesterfield-Colonial Heights Christmas
Mother Program has successfully provided food, gifts and
clothing to many of our citizens in the past; and
WHEREAS, Mrs. Kathryn Lunsford has been elected
Christmas Mother for 2012 and requests support of all the
citizens of Chesterfield County to ensure that those less
fortunate may enjoy this special season of the year.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 19th day of September 2012,
publicly recognizes October 9, 2012, as "Christmas Mother
Day" and urges all citizens of Chesterfield County to support
this worthy endeavor.
AND, BE IT FURTHER RESOLVED that the Board of
Supervisors publicly commends the Christmas Mother Program
for its successful efforts in past years and extends best
wishes for a successful 2012 season.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mrs. Lunsford and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12-518
Mr. Gecker presented the executed resolution and contribution
to Mrs. Lunsford on behalf of the county and wished her
success as Christmas Mother.
Mrs. Lunsford expressed her appreciation and provided
information to the Board regarding the Christmas Mother
program.
14.C. RECOGNIZING CHESTERFIELD BASEBALL CLUBS, INCORPORATED
PONY 11 ALL-STAR BASEBALL TEAM FOR ITS OUTSTANDING
REPRESENTATION OF CHESTERFIELD COUNTY
Mr. Golden introduced Coach Jack Horner and team members of
the 2012 Chesterfield Baseball Clubs, Inc. Pony 11 All-Star
Baseball Team, who were present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, participation in youth athletics has long been
an integral part of Chesterfield County's educational,
physical and emotional development for students; and
WHEREAS, Mr. Jack Horner, coach of the Chesterfield
Baseball Clubs, Inc. Pony 11 All-Star Baseball Team,
completed his eighth year of coaching and along with his
assistant coaches, Keith Williams and Gary Ouellette, led
their team on the road to the Pony World Series, which
incorporated playing teams from four states and the countries
of Mexico, Aruba and the Philippines; and
WHEREAS, under Coach Horner and his staff's direction,
the 2012 Chesterfield Baseball Clubs, Inc. Pony 11 All-Star
Baseball Team finished the tournament season with an overall
record of 3-2; and
WHEREAS, the Chesterfield Baseball Clubs, Inc. Pony 11
All-Star Baseball Team was the host team; and
WHEREAS, the Chesterfield Baseball Clubs, Inc. Pony 11
All-Star Baseball Team competed in the Pony World Series and
was crowned runner-up; and
WHEREAS, the team members include Justice Johnson, Drake
Hundley, Devin Miles, Mason Maurer, Patrick Routsis, Ty
Barker, Sonny Tripp, Donovan Murphy, Jordan Tyler, Ethan
Williams, Seth Burman, Hunter Vaughan, Parker Wilburn, Stone
Snyder, Ryan Plonski and Bailey Burcume.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 19th day of September 2012,
publicly recognizes the 2012 Chesterfield Baseball Clubs,
Inc. Pony 11 All-Star Baseball Team for its outstanding
representation of Chesterfield County, commends the team on
its commitment to excellence and sportsmanship and expresses
best wishes for continued success.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to the 2012 Chesterfield Baseball
Clubs, Inc. Pony 11 All-Star Baseball Team and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Mr. Warren presented the executed resolution to members of the
baseball team and congratulated them on their success.
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Each member of the baseball team introduced themselves.
14.D. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE
SCOUT
Mr. Kappel introduced Mr. Berkeley Dale Ward Galstan and Mr.
Edwyn Ellis Cunningham, Jr., who were present to receive the
resolution.
On motion of Mr. Holland, seconded by Ms. Jaeckle, 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. Berkeley Dale ward
Galstan, Troop 819, sponsored by Saint John's Episcopal
Church, and Mr. Edwyn Ellis Cunningham, Jr., Troop 876,
sponsored by Mount Pisgah 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, Berkeley and Edwyn 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 19th day of September 2012,
publicly recognizes Mr. Berkeley Dale ward Galstan and Mr.
Edwyn Ellis Cunningham, Jr., 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.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Mr. Gecker and Mr. Warren presented the executed resolutions
and patches to each of the Eagle Scouts, accompanied by
members of their families, congratulated them on their
outstanding achievements, and wished them well in future
endeavors.
Each of the scouts provided details of their Eagle Scout
project and expressed appreciation to their parents and other
for their support.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
12-520
Mr. L.J. McCoy addressed the Board relative to Chesterfield
County School's denial of a request for First Lady Michelle
Obama to speak at an elementary school and indicated it was a
missed opportunity.
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
12SN0234
In Matoaca Magisterial District, Woodlake Community
Association, Inc. requests amendment of conditional use
planned development (Case 81SN0086) and amendment of zoning
district map to permit three (3) computer-controlled,
variable message, electronic signs in Residential (R-9) and
Neighborhood Business (C-2) Districts on three (3) sites
totaling .9 acre with site 1 - fronting 210 feet on the east
line of Woodlake Village Parkway, across from Village Square
Parkway; site 2 - fronting 460 feet on the east line of
Woodlake Village Parkway, 930 feet north of Village Square
Parkway; site 3 - located in the northwest corner of Timber
Bluff and Lake bluff Parkways. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the properties are appropriate for
office/residential mixed use, conservation/recreation or
residential uses of 2.0 units/acre or less. Tax IDs 717-678-
Part of 9480; 720-672-Part of 4792; and 720-673-Part of 3069-
00026.
Mr. Turner presented a summary of Case 12SN0234 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered condition.
Ms. Cassie Craze accepted the recommendation.
Mr. Gecker called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. Elswick made a motion, seconded by Mr. Warren, for the
Board to approve Case 12SN0234 and accept the following
proffered condition:
The applicant hereby amends Proffered Condition 18 of the
Textual Statement in Case 81SN0086 to read as follows:
A. In addition to ordinance requirements, any computer-
controlled, variable message, electronic signs shall
conform to the following standards:
1) Three (3) neighborhood community notification
signs with electronic message boards shall be
placed at the locations shown on Exhibit A,
dated July 24, 2012. The maximum sign height,
sign area and electronic message board center
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area shall not exceed the figures shown on
Exhibit A;
2) Copy shall be limited to a maximum of three (3)
lines and shall not move but may fade;
3) The message or display shall be programmed to
change no more than once every thirty (30)
seconds;
4) Sequential messaging shall be prohibited;
5) Flashing and traveling messages shall be
prohibited;
6) Bijou lighting and animation effects shall be
prohibited;
7) The electronic message center shall be
incorporated into an architecturally designed
sign structure that is compatible and
complimentary to the Woodlake Community sign
package; and
8) Brightness shall be limited so as not to exceed
0.3 foot candles above ambient light as
measured using a foot candle meter at a
distance of:
a. 45' Sign A
b. 55' Sign B
c. 39' Sign C.
Each EMC sign shall have a photocell that
automatically adjusts the brightness according
to ambient light conditions.
9) Setback requirements for signs regulated by
this section shall conform to the following
requirement:
a. Along public rights-of-way, the setback
may be reduced to a minimum of 20 feet
from the edge of the pavement or the face
of curb, but, except as permitted in
section 19-636(e), no sign shall be set
back less than one foot from the property
line, provided the sign shall be relocated
to conform to the requirements herein at
the time the adjacent road is widened. (P)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12-522
12SN0235
In Matoaca Magisterial District, John and Kimberly Hughes
request amendment of conditional use (Case 08SN0243) and
amendment of zoning district map to permit fast food
restaurant use plus conditional use planned development to
permit exceptions to ordinance requirements relative to
paving in an Agricultural (A) District on 8.5 acres located
in the northwest corner of Beach and Spring Run Roads.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 1-5 acre lots; suited to
R-88 zoning. Tax IDs 745-654-8256 and 746-654-1071.
Mr. Turner presented a summary of Case 12SN0235 and stated
both the Planning Commission and staff recommended approval
subject to the conditions.
Mr. John Hughes accepted the conditions.
Ms. Audrey Wilson recommended approval.
Mr. Gecker called for public comment.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Elswick made a motion, seconded by Ms. Jaeckle, for the
Board to approve Case 12SN0235, subject to the following
conditions:
1. With the approval of this request Condition 7 of Case
08SN0243 is modified as follows:
Permitted uses: The following uses shall be permitted:
a. Except for automobile self service stations,
which shall not be permitted, uses permitted
by right or with restrictions in the
Neighborhood Business (C-2) District.
b. Commercial outdoor recreational use limited to
tractor, farm equipment and automobile
shows/exhibits.
c. Special events business to permit events such
as weddings, receptions, birthday parties,
luncheons and similar social gatherings.
d. Fast food restaurant use limited to the sale
of frozen desserts. (P)
(All other conditions of Case 08SN0243 shall remain in
force and effect.)
2. The parking area and drives as shown on Exhibit 1 dated
May 10, 2012, shall be permitted to have a minimum
surface of six (6) inches of Number 21 or Number 21A
stone. Other than overflow parking during special events
permitted beyond this gravel area, all other parking
shall be constructed in accordance with ordinance
requirements.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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12SN0237
In Midlothian Magisterial District, Dogtopia Chesterfield
requests conditional use approval and amendment of zoning
district map to increase gross floor area of an outside run
of a commercial kennel in a Community Business (C-3) District
on 1.4 acres known as 11004 Midlothian Turnpike. Density will
be controlled by zoning conditions or ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for regional mixed use. Tax ID 743-709-8561.
Mr. Turner presented a summary of Case 12SN0237 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Robert Murphy, Jr. accepted the recommendation.
Mr. Gecker called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. Gecker made a motion, seconded by Mr. Holland, for the
Board to approve Case 12SN0237 and accept the following
proffered conditions:
1. The Conditional Use approval shall be granted to and for
Dogtopia Chesterfield, exclusively, and shall not be
transferable or run with the land. (P)
2. The area in which the dogs are allowed to run and areas
associated with the keeping of the animals shall be
cleaned and made free of waste daily so as to eliminate
odors and.the proliferation of insects. All solid animal
waste shall be collected daily and stored in plastic
containers with lids. Such container(s) shall be legally
disposed of offsite at least once each month. (P)
3. A six (6) foot fence shall be constructed around the
perimeter of the outside run for the commercial kennel.
The fence shall be of post and board construction.
Elevations depicting the fence shall be submitted to the
Planning Department for review and approval in
conjunction with any site plan review or building permit
review. (P)
4. No additional run areas, structures or fenced areas other
than those areas and structures as shown on Exhibit A,
dated July 18, 2012 shall be constructed to accommodate
this use. The outdoor run shall not exceed 2,000 square
feet. (P)
5. No dogs shall be allowed in the outside run areas between
11:00 p.m. and 6:00 a.m., barring emergencies. (P)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12-524
12SN0238
In Matoaca Magisterial District, Richmond 20 MHZ LLC requests
conditional use approval and amendment of zoning district map
to permit a communications tower in an Agricultural (A)
District on 2.8 acres lying 840 feet off the north line of
River Road, 1780 feet west of Bundle Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
rural conservation area use. Tax ID 742-639-Part of 9784.
Mr. Turner presented a summary of Case 12SN0238 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Breenan Keene, representing the applicant, accepted the
recommendation.
Mr. Gecker called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. Elswick made a motion, seconded by Mr. Warren, for the
Board to approve Case 12SN0238 and accept the following
proffered conditions:
1. There shall be no signs permitted to identify this use.
(P)
2. The base of the tower shall be enclosed by a minimum six
(6) foot high fence, designed to preclude trespassing.
The fence shall be placed so as to provide sufficient
room between the fence and the property line to
accommodate evergreen plantings having an initial height
and spacing to provide screening of the base of the
tower and accessory ground-mounted equipment or
structures from adjacent properties. A minimum 100-foot
buffer of mature trees shall be preserved outside of,
and adjacent to, the compound. A detailed plan depicting
these requirements shall be submitted to the Planning
Department for approval in conjunction with final site
plan review. Except as otherwise provided herein, no
trees within the buffer may be removed unless such trees
are dead, diseased or dying. (P)
3. The color, design and lighting system for the tower
shall be as follows:
a. The tower shall be gray or another neutral color,
acceptable to the Planning Department.
b. The tower shall not be lighted.
c. The tower shall be a monopole structure. (P)
4. Any building or mechanical equipment shall comply with
Sections 19-595 and 19-570 (b) and (c) of the Zoning
Ordinance relative to architectural treatment of
building exteriors and screening of mechanical
equipment. (P)
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(NOTE: Section 19-570 (b) and (c) would require the screening
of mechanical equipment located on the building or
ground from adjacent properties and public rights of
way. Screening would not be required for the tower or
tower-mounted equipment.)
5. The tower shall not exceed a height of 199 feet. (P)
6. At such time that the tower ceases to be used for
communications purposes for a period exceeding twelve
(12) consecutive months, the owner/developer shall
dismantle and remove the tower and all associated
equipment from the property. (P)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
~~cun~an
In Matoaca Magisterial District, Chesterfield Development
Inc. requests amendment of conditional use planned
development (Case 04SN0207) and amendment of zoning district
map to permit exceptions to ordinance requirements relative
to lot coverage, setback and garage orientation in a
Residential (R-15) District on 250.3 acres fronting 195 feet
on the east line of Otterdale Road, 570 feet north of
Woolridge Road, also fronting in two (2) places for a total
of 2290 feet on the north line of Woolridge Road, east of
Otterdale Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for residential use of
2.0 units/acre or less and conservation/recreation uses. Tax
IDs 708-675-7097; 710-678-0607; and 711-679-5354.
Mr. Turner presented a summary of Case 12SN0240 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Andy Scherzer, representing the applicant, accepted the
recommendation.
Mr. Gecker called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. Elswick made a motion, seconded by Mr. Warren, for the
Board to approve Case 12SN0240 and accept the following
proffered conditions:
1. With the approval of this request, the Textual
Statement, last revised April 5, 2005 and approved with
Case 04SN0207, shall be amended as outlined below. All
other conditions of Case 04SN0207 and the Textual
Statement, last revised April 5, 2005 shall remain in
force and effect:
A. Item III (Requirements and Exceptions For All
Tracts) Section H shall read:
Garages. The following requirements shall be met
for garages except in Tracts for Single Family A
12-526
B.
uses. The location of lots having front loaded
garages shall be identified on the conceptual
subdivision plan, and the record plat. Front loaded
attached garages shall be permitted to extend as
far forward from the front line of the main
dwelling as the front line of the front porch
provided that the rooflines of the porch and garage
are contiguous. Where the rooflines are not
contiguous, garages shall be permitted to project a
maximum of two (2) feet forward of the front line
of the main dwelling. A maximum of 176 units shall
be permitted to have front loaded garages.
Item IV. (Requirements for Specific Tracts) Section
C (Tract B) shall read:
1. Uses.
b. Lots having a minimum area of 8,000
square feet and a maximum of 18,000
square feet (Single Family B).
c. Lots having a minimum area of 4,500
square feet and a maximum of 9,600 square
feet (Single Family C).
d. Lots having a minimum area of 2,700
square feet and a maximum of 5,400 square
feet (Single Family D).
(Textual Statement Items IV.C.l. a., e. and f
are not changed.)
2. Requirements.
b. Single Family B. Development shall
conform to the following:
(1) Principal Structures.
(i) Lot area and width. Each lot
shall have an area of not less
than 8,000 square feet and not
more than 18,000 square feet
and a lot width of not less
than eighty (80) feet.
(vi) Rear yard. Minimum of four (4)
feet in depth.
(Textual Statement Items IV.C.2a.,
IV.C.2.b.l.ii, iii, iv, v and vii and
IV.C.2.b.2 are not changed.)
c. Single Family C. Development shall
conform to the following:
(1) Principal Structures.
(i) Lot area and width. Each lot
shall have an area of not less
than 4,500 square feet and not
more than 9,600 square feet and
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a lot width of not less than
fifty (50) feet.
(vi) Rear yard.' Minimum of four (4)
feet in depth.
(Textual Statement Items IV.C.2.c.l.ii, iii,
iv, v, and vii and IV.C.2.C.2 are not
changed.)
d. Single Family D. Development shall
conform to the following:
(1) Principal Structures.
area and width. Each lot
shall have an area of not
less than 2,700 square
feet and not more than
5,400 square feet and a
lot width of not less than
thirty ( 3 0 ) feet .
(vi) Rear yard. Minimum of four (4)
feet in depth.
(Textual Statement Items IV.C.2.d.l.ii,
iii, iv, v, and vii and IV.C.2.d.2 are
not changed.)
(i) Lot
e. Single Family E. Development shall
conform to the following:
(1) Principal Structures.
(ii) Percentage of lot coverage. All
buildings, including accessory
buildings, on any-lot shall not
cover more than seventy (70)
percent of the lot's area. No
accessory building on any lot
except for a private garage
shall cover more than 225
square feet.
(vi) Rear yard. Minimum of four (4)
feet in depth.
(Textual Statement Items IV.C.2.e.l.i, iii,
iv, v, vii and viii and IV.C.2.e.2 are not
changed.)
2. Right of way dedication. In conjunction with the
recordation of the initial subdivision plat, prior to
any site plan approval, or within sixty (60) days of a
written request by the Transportation Department,
whichever occurs first, forty-five (45) feet of right of
way on the north side of Woolridge Road, measured from
the centerline of that part of Woolridge Road
immediately adjacent to the property, and forty-five
(45) feet of right of way on the east side of Otterdale
Road, measured from the centerline of that part of
Otterdale Road immediately adjacent to the property,
12-528
shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County. (T)
(Staff Note: Proffered Condition 2 supersedes Proffered
Condition 11 of Case 045N0207. Except as amended with
this case, all other conditions of Case 04SN0207 shall
remain in force and effect.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12SN0243
In Midlothian Magisterial District, David W. Miller and
Kathleen C. Miller requests conditional use approval and
amendment of zoning district map to permit a residential
stock farm (keeping of horses) in a Residential (R-40)
District on 7.8 acres fronting 300 feet on the west line of
Old Gun Road West, 2120 feet north of Iron Forge Drive.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 1 dwelling per acre or
less. Tax IDs 739-726-1167; and parts of parcels 737-727-
6318, 738-726-8984, 738-727-2116, 4513 and 6700.
Mr. Turner presented a summary of Case 12SN0243 and stated
both the Planning Commission and staff recommended approval
subject to the conditions.
Mr. and Mrs. David Miller accepted the conditions.
Mr. Gecker called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. Gecker made a motion, seconded by Mr. Elswick, for the
Board to approve Case 12SN0243, subject to the following
conditions:
1. All areas associated with the keeping of horses
(pastures, stables, shelters, etc.) shall be cleaned and
made free of waste on a regular basis. In addition, the
property owner shall employ a means of eliminating any
odor problems and propagation of insects. (P)
2. The structure proposed for the keeping of horses shall be
located generally as shown on Exhibit A, dated August 10,
2012. The structure shall be constructed generally as
shown on Exhibit B, dated July 25, 2012 and prepared by
Steve Childrey, and shall be constructed with wood siding
and a metal seamed roof. (P&BI)
3. Any fence serving as a containment area for the animals
shall be placed along or outside of the edge of the 100
foot conservation buffer .(Resource Protection Area). The
applicant shall notify the Environmental Engineering's
Water Quality Section after installation. The fence shall
be of post and board construction similar to the style of
the existing fencing on Tax ID 739-726-1167. (P&EE)
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4. This conditional use approval shall be granted to and for
David W. and/or Kathleen C. Miller exclusively, and shall
not be transferable or run with the land. (P)
5. The stock farm use shall be limited to the keeping of a
maximum of two (2) horses. (P)
6. No commercial activity, such as the breeding or sale of
animals, shall be permitted in conjunction with this use.
(P)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12SN0244
In Bermuda Magisterial District, Stericycle requests
amendment of conditional use (Case 03SR0213) and amendment of
zoning district map to permit additional storage trailers and
relief to refrigeration requirements in a Heavy Industrial
(I-3) District on 1.4 acres known as 1306 Bellwood Road.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for industrial use. Tax ID 798-677-Part of 3046.
Mr. Turner presented a summary of Case 12SN0244 and stated
both the Planning Commission and staff recommended approval
subject to the condition.
Mr. Don Noss accepted the condition.
Mr. Gecker called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Ms. Jaeckle made a motion, seconded by Mr. Holland, for the
Board to approve Case 12SN0244, subject to the following
condition:
With the approval of this request, Condition 1 of Case
03SR0213 shall be amended as follows:
A maximum of four (4) storage trailers shall be
permitted on-site at any one (1) time. Any medical waste
stored in these trailers for more than seventy-two (72)
hours shall be refrigerated, maintained at an ambient
temperature between thirty-five (35) and forty-five (45)
degrees Fahrenheit. Facilities shall be restricted to
those improvements necessary to accommodate medical
waste transfer to and temporary storage in these
trailers in accordance with state and county
requirements.
(All other conditions of Case 03SR0213 shall remain in force
and effect.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
12-530
13CW0106
In Dale Magisterial District, Myers Family Partnership, LP
requests an exception to Section 19-232 of the Chesapeake Bay
Preservation Area (RPA) buffer along a tributary to Swift
Creek as a result of grading for construction related to
buildings, the road network and the storm water management
facility. The property is located at 10226 Iron Bridge Road,
which is within the Swift Creek drainage basin. Tax ID # 772-
660-1584.
Mr. Turner presented a summary of Case 13CW0106 and stated
staff recommended approval subject to the conditions.
Mr. Taylor Goodman, representing the applicant, accepted the
conditions.
Mr. Gecker called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. Holland made a motion, seconded by Ms. Jaeckle, for the
Board to approve Case 12CW0106, subject to the following
conditions:
1. The mitigation measures outlined in the document titled
Myers - Ironbridge Road Water Quality Impact Assessment
- Chesterfield County, Virginia, prepared by Balzer and
Associates, Inc; dated July 3, 2012 shall be
incorporated and implemented during the plan review
process. (EE)
2. The Department of Environmental Engineering may approve
alternative mitigation measures if it is determined that
such alternatives will not increase impacts to the RPA
or downstream water bodies. (EE)
3. A twenty-five (25) foot Riparian Protection Area shall
be maintained along the entire north side of the
Resource Protection Area for parcel 772-660-1584 as
shown on Exhibit B in the Staff's Request Analysis. No
timbering shall be allowed in the Riparian Protection
Area except as approved by Chesterfield County for the
removal of dead or diseased trees. Destruction or
alteration of the Riparian Protection Area, other than
those authorized by Chesterfield County, shall be
prohibited. No storage of materials, grading or
construction for any structures or other improvements
shall be allowed within the Riparian Protection Area.
However, boardwalks, wildlife management structures,
observations decks and one (1) informative sign may be
placed within the Riparian Protection Area provided any
such structure does not impede the natural movement of
water and preserves the natural contour of the ground,
and is subject to prior written approval by Chesterfield
County. (EE and P)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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12SN0242
In Midlothian Magisterial District, The Shoppes at Belvedere,
LLC requests conditional use planned development approval and
amendment of zoning district map to permit exceptions to
ordinance requirements relative to parking setback and buffer
in a Neighborhood Business (C-2) District on 3.3 acres known
as 11400 Belvedere Vista Lane. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for light
industrial use. Tax ID 741-714-3585.
Mr. Ryan Ramsey presented a summary of Case 12SN0242 and
stated the Planning Commission recommended approval and
acceptance of the proffered conditions. He further stated
staff recommended denial because this setback and buffer
exception results from proposed overdevelopment of the
property and impairs effective land use transition to
adjacent residential development and this request potentially
sets a precedent for similar request to seek the elimination
of parking area setbacks and buffers between differing land
uses.
In response to Mr. Gecker's question, Mr. Ramsey stated the
applicant plans to detain a small portion of the buffer that
borders Belvedere Vista Drive.
Mr. Will Homiller, representing the applicant, stated The
Shoppes at Belvedere is seeking additional parking to
accommodate the popularity of Firebirds Restaurant and tenets
in the shopping center. He further stated letters of support
were received from adjacent property owners. He stated the
applicant has agreed to provide affective screening for
residents traveling to and from the multifamily development.
Mr. Gecker called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. Gecker stated he is satisfied with the conditions and the
additional parking area would provide relief to those who
frequent the shopping center.
Mr. Gecker then made a motion, seconded by Mr. Holland, for
the Board to approve Case 12SN0242 and accept the following
proffered conditions:
The Owner, which is owner of the property designated as
Chesterfield County Tax ID 741-714-3585-00000 containing a
total of 3.3 acres ("Parcel C-2"), hereby voluntarily
proffers for itself and its successors and assigns that, in
the event the Owner's request for rezoning of Parcel C-2 from
C-2 to C-2 with CUPD is granted pursuant to the application
of which this statement is a part, Parcel C-2 will be subject
to the following conditions:
1. Master Plan for Parcel C-2. The textual statement
dated August 1, 2012, shall be considered the master
plan with respect to Parcel C-2. (P)
2. Additional Parking. A maximum of twenty (20)
parking spaces shall be constructed along the rear
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property line of Parcel C-2 adjacent to GPIN 742-
714-2392. (P)
3. Landscaping within Parcel C-2. In the event parking
spaces are constructed on Parcel C-2 within the area
labeled "Proposed Parking Expansion" as shown on the
exhibit prepared by Townes Site Engineering, dated
July 30, 2012, entitled "Belvedere Retail Center
Parking Expansion," a copy of which is attached
hereto and made a part hereof (the "Parking
Expansion Plan"), existing landscaping shall be
preserved to the maximum extent possible in the area
denoted as "Landscape Area To Be Preserved" as shown
on the Parking Expansion Plan. A landscape plan
depicting these requirements shall be submitted to
the Planning Department for review and approval in
conjunction with any site plan review. (P)
Textual Statement
for The Shoppes at Belvedere, LLC
Zoning Case 12SN0242
August 1, 2012
Overall Description
Approval is sought by application from The Shoppes at
Belvedere, LLC, dated June 11, 2012 (the "Application") for
the rezoning of a total of 3.3 acres known as Chesterfield
County Tax Identification Number 741-714-3585 (the
"Property") located at the northwestern corner of the
intersection of Robious Road and Belvedere Vista Lane, on
which Property is located a retail shopping center known as
The Shopper at Belvedere, from C-2 to C-2 with a Conditional
Use Planned Development to allow the installation of up to 20
additional parking spaces on the Property, as more
particularly described in this Statement.
Exceptions
1. A fifty (50) foot exception to the required fifty
(50) foot buffer along the rear property line of
the Property adjacent to GPIN 742-714-2392. This
is an exception to Section 19-523(a) of the Zoning
Ordinance. This buffer requirement was previously
reduced to a fifteen (15) foot buffer by Case
07PR0181.
2. A forty (40) foot exception to the required forty
(40) foot setback for parking areas along the rear
property line of the Property adjacent to GPIN 742-
714-2392. This is an exception to Section 19-
593(d) of the Zoning Ordinance.
3. These areas of exception shall be located as
generally shown on the exhibit titled, "Belvedere
Retail Center Parking Expansion," by Townes Site
Engineering dated July 30, 2012.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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17. PUBLIC HEARINGS
17.A. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING
TO HUNTERS POSSESSING FIREARMS NEAR COUNTY SCHOOLS AND
PARKS AND PROVIDING FOR A PENALTY
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider an amendment to
the County Code relating to hunters possessing firearms near
county schools and parks and providing for a penalty.
Mr. Gecker called for public comment.
Mr. Philip Van Cleave, President of Virginia Citizens Defense
League, Inc., expressed concerns relative to language of the
ordinance. He suggested changes to the ordinance, which he
presented to the Board.
Mr. Joe Ligon expressed concerns relative to the 100 yard
restriction.
Mr. Freddy Boisseau suggested the Board should adopt the
language proposed by Mr. Van Cleave.
Mr. Ralph Carter urged the Board to consider Mr. Van Cleave's
recommendation.
No one else came forward to speak to the issue.
Mr. Gecker suggested the Board close the public hearing and
defer consideration for thirty days in order to look at the
originating code sections.
Mr. Gecker closed the public hearing.
Ms. Jaeckle concurred with Mr. Gecker's recommendation.
Mr. Mincks stated the concern originally had to do with the
action of hunting within 100 yards of schools or parks.
The Board generally agreed to defer consideration of an
amendment to the County Code relating to hunters possessing
firearms near county schools and parks and providing for a
penalty until October 24, 2012.
In response to Mr. Elswick's question, Mr. Mincks stated the
Board has the option to remove the regulation, but not make
it more restrictive.
In response to Mr. Gecker's question, Mr. Mincks stated the
regulation is permissive in state law.
In response to Mr. Warren's question, Mr. Mincks stated he is
unsure of any incidents that involved persons injured as a
result of hunting near schools or parks.
Mr. Gecker stated the Department of Game and Inland Fisheries
have national statistics relative to accidents with bows and
guns. He further stated it may be helpful to gather safety
statistics and the history of the ordinance.
Mr. Holland concurred with the recommendation as well as the
language proposed by Mr. Van Cleave.
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17.B. TO CONSIDER AN ORDINANCE TO VACATE A VARIABLE WIDTH
ACCESS EASEMENT ACROSS LOT 9, SUNNYBROOK, SECTION 11
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
vacate a variable width access easement across Lot 9,
Sunnybrook, Section 11.
Mr. Gecker called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to JENNIFER M. JOLLIE,
("GRANTEE"), a variable width access
easement across Lot 9, Sunnybrook,
Section 11, Clover Hill 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 58, at Page 12 and also shown on a
corrected plat of Sunnybrook, Section 11,
recorded in the aforesaid Clerk's Office
in Plat Book 61, at Page 75.
WHEREAS, JENNIFER M. JOLLIE, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
variable width access easement across Lot 9, Sunnybrook,
Section 11, as shown on a plat by J. K. Timmons & Associates,
P.C., dated August 5, 1987, and recorded August 18, 1987, in
the Clerk's Office, Circuit Court, Chesterfield County,
Virginia, in Plat Book 58, at Page 12, and also shown on a
corrected plat of Sunnybrook, Section 11, by J. K. Timmons &
Associates, P.C., dated August 5, 1987, corrected November
12, 1987, and recorded May 25, 1988, in the aforesaid Clerk's
Office in Plat Book 61, Page 75. The easement petitioned to
be vacated is more fully described as follows:
A variable width access easement across
Lot 9, Sunnybrook, Section 11, as shown
on a plat by J. K. Timmons & Associates,
P.C., dated August 5, 1987, and recorded
August 18, 1987, in the Clerk's Office,
Circuit Court, Chesterfield County,
Virginia, in Plat Book 58, at Page 12,
and also shown on a corrected plat of
Sunnybrook, Section 11, by J. K. Timmons
& Associates, P.C., dated August 5, 1987,
corrected November 12, 1987, and recorded
May 25, 1988, in the aforesaid Clerk's
Office in Plat Book 61, Page 75, a copy
of which is attached hereto and made a
part of this Ordinance.
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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 access 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 easement be and is
hereby vacated.
GRANTOR hereby reserves all of its right title and
interest in the variable width sewer easement over the entire
area of the easement hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
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 Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the easement hereby vacated in the
property owner of Lot 9, within Sunnybrook Subdivision,
Section 11, free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and JENNIFER
M. JOLLIE, or her successors in title, as GRANTEE.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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17.C. TO CONSIDER THE QUITCLAIM OF A PARCEL OF LAND AND
INGRESS AND EGRESS EASEMENT FOR THE OLD SUNNYBROOK
WASTEWATER PUMP STATION
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider the quitclaim of a
parcel of land and ingress and egress easement for the Old
Sunnybrook Wastewater Pump Station.
Mr. Gecker called for public comment.
No one came forward to speak to the.i sue. "
On motion of Mr. warren, seconded by Ms. Jaeckle, the Board
approved the quitclaim of a parcel of land and ingress and
egress easement for the Old Sunnybrook Wastewater Pump
Station.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
17.D. TO CONSIDER THE CONVEYANCE OF RIGHT OF WAY AND
EASEMENTS TO THE COMMONWEALTH OF VIRGINIA, DEPARTMENT
OF TRANSPORTATION FOR THE COURTHOUSE ROAD/HULL STREET
ROAD INTERSECTION PROJECT AND THE JEFFERSON DAVIS
HIGHWAY/CSX BRIDGE REPLACEMENT PROJECT
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider the conveyance of
right of way and easements to the Commonwealth of Virginia,
Department of Transportation for the Courthouse Road/Hull
Street Road Intersection Project and the Jefferson Davis
Highway/CSX Bridge Replacement Project.
Mr. Gecker called for public comment.
No one came forward to speak to the issue.
In response to Ms. Jaeckle's question, Mr. Harmon stated this
was in reference to the Courthouse Road/Hull Street Road and
the Jefferson Davis Highway/CSX Bridge Intersection.
Ms. Jaeckle then made a motion, seconded by Mr. Warren, for
the Board approved the conveyance of right of way and
easements to the Commonwealth of Virginia, Department of
Transportation for the Courthouse Road/Hull Street Road
Intersection Project and the Jefferson Davis Highway/CSX
Bridge Replacement Project.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or zoning requests at this time.
19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
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20. ADJOURNMENT
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adjourned at 7:36 p.m. until October 10, 2012 at 3:00 p.m.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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mes J. Ste aier Daniel A. Gecker
County Administrator Chairman
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