2013-05-22 MinutesBOARD OF SUPERVISORS
MINUTES
May 22, 2013
Supervisors in Attendance: Staff in Attendance:
Ms. Dorothy A. Jaeckle, Chair Mr. Mike Bacile, Dir.,
Mr. Stephen A. Elswick, Vice Chrm. Purchasing
Mr. Arthur S. Warren Dr. Sheryl Bailey, Dep.
Mr. James M. Holland County Administrator,
Mr. Daniel A. Gecker Management Services
Ms. Janice Blakley,
Mr. James J. L. Stegmaier Clerk to the Board
County Administrator 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. Barry Condrey, Chief
Information Officer
Mr. Richard Cordle,
Treasurer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Mr. Lawrence C. Haake, III,
Registrar
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. Mike Mabe, Director,
,, Libraries
Ms. Mary Martin Selby,
Dir., Human Resource
Services
Mr. R. John McCracken,
Dir., Transportation
Mr. Jeffrey L. Mincks,
County Attorney
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Sheriff Dennis Proffitt,
Sheriff's Department
Chief Edward L. Senter,
Fire Department
Mr. Scott Smedley, Dir.,
Environmental Engineering
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Kirk Turner, Dir.,
Planning
Mr. Mike Westfall, Dir.,
Internal Audit
Mr. Rick Witt,
Building Official
Mr. Scott Zaremba, Dir.,
Human Resource Programs
Ms. Jaeckle called the regularly scheduled meeting to order
at 3:06 p.m.
1. APPROVAL OF MINUTES FOR APRIL 24, 2013
On motion of Mr. Holland, seconded by Mr. Decker, the Board
approved the minutes of April 24, 2013, as submitted.
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier was pleased to announce that Chesterfiel
County recently received V3 certification through th
Commonwealth of Virginia. He stated the Virginia Value
Veterans (V3) Certification Program, coordinated by th
Virginia Department of Veterans Services, is designed t
reduce veteran unemployment and increase Virginia'
economic recovery by leveraging a tremendous America
resource.
2.B. CERTIFIED CRIME PREVENTION COMMUNITY CERTIFICATION
PRESENTATION
J
Mr. Stegmaier reported that on June 27, 2012, the Board of
Supervisors adopted a resolution supporting Chesterfield
County's participation in the Virginia Department of Criminal
Justice Services (DCJS) Certified Crime Prevention Community
Program. He stated the county recently met the standards to
obtain the Certified Crime Prevention Community
certification.
Ms. Teresa P. Gooch, Director of the Division of Law
Enforcement and Security Services for the Virginia Department
of Criminal Justice Services (DCJS), presented the Board with
an official plaque and certificate.
Ms. Jaeckle expressed appreciation, on behalf of the Board,
for the special recognition and award.
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Colonel Dupuis stressed the importance of promoting community
involvement to elevate the quality of life in Chesterfield
County. He recognized the volunteer coordinators that were a
part of the process.
2.C. YOUTH SERVICES CITIZEN BOARD PRESENTATION
Ms. Jana Carter stated the Youth Services Citizen Board was
charged with advising the Board of Supervisors regarding
planning and policies affecting youth development and with
providing opportunities for community discussion focused on
youth issues in Chesterfield County.
Ms. Carter then introduced Mr. Jackson Nell, a youth member
of the Youth Services Citizen Board, who briefed the Board on
the results and recommendations of the youth forum held in
January.
Ms. Jaeckle suggested that Mr. Nell make a presentation to
the School Board relative to the issue of cheating in schools
and highly recommended that the Youth Services Citizen Board
encourage the Economic Development Department to collaborate
relative to skill set needed for certain careers. She also
expressed her appreciation to Mr. Nell for all of his time
and hard work on the Youth Services Citizen Board.
Mr. Stegmaier recognized members of the Youth Services
Citizen Board who were in attendance.
2.D. FORT LEE OUTREACH PROGRAMS UPDATE
Lt. Col. Steven Carozza, Commander of Fort Lee's 16th Ordnance
Battalion, updated the Board on the community outreach
efforts of the battalion in Chesterfield County. He also
provided a summary of events that the battalion has been
involved in, as well as a number of upcoming events.
Ms. Jaeckle expressed her appreciation to Lt. Col. Carozza
for his informative presentation. She commended the 16th
Ordnance Battalion for their involvement within the community
and outreach efforts.
Mr. Holland expressed his appreciation for the battalion's
efforts and relationship with Chesterfield County.
The following item was moved by the Chair to be presented
prior to the other resolutions:
5. RESOLUTIONS
5.A. RECOGNIZING FORT LEE'S 16TH ORDNANCE BATTALION FOR ITS
OUTSTANDING COMMUNITY-SERVICE CONTRIBUTIONS
Mr. Kappel introduced Lt. Col. Steven Carozza and soldiers
from the 16th Ordnance Battalion, who were present to receive
the resolution. He also called forward students from some of
the schools where the soldiers had provided community
service.
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On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Chesterfield County, Virginia, is a strong
supporter of the U.S. military; and
WHEREAS, Chesterfield County employs numerous military
veterans and also has employees currently serving in the
reserve components of the various branches of the U.S.
military; and
WHEREAS, Chesterfield County also greatly values its
long and mutually beneficial relationship with nearby Ft.
Lee, Virginia; and
WHEREAS, Ft. Lee is home to the U.S. Army's 16th Ordnance
Battalion; and
WHEREAS, the 16th Ordnance Battalion originally formed on
January 9, 1942, and served proudly during World War II; and
WHEREAS, after a period of deactivation, 16th Ordnance
Battalion was organized at Aberdeen Proving Ground, Maryland;
and
WHEREAS, in May 2010, as part of the Base Realignment
and Closure Commission process, 16th Ordnance Battalion
relocated to Ft. Lee, Virginia; and
WHEREAS, under the leadership of Lieutenant Colonel
Steven N. Carozza, the soldiers of 16th Ordnance Battalion
have provided welcome community service to numerous
Chesterfield County elementary, middle and high schools; and
WHEREAS, this community service has included providing
color guards; having lunch with students; painting and
cleaning facilities; organizing fitness activities; mentoring
students; assisting with Family Involvement Night and more;
and
WHEREAS, these activities have been exciting and
beneficial for Chesterfield County Public Schools students,
have reflected well on Ft. Lee, the 16th Ordnance Battalion
and the U.S. Army, and have benefitted all Chesterfield
County residents.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of May 2013,
hereby recognizes the outstanding community service
contributions of 16th Ordnance Battalion personnel, expresses,
on behalf of all Chesterfield County residents, sincere
appreciation for the efforts of the 16th Ordnance Battalion
soldiers, and recognizes the important civic benefit of these
good-neighbor activities.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to 16th Ordnance Battalion, and that
this resolution be recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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Ms. Jaeckle presented the executed resolution to Lt. Col.
Carozza and commended the battalion members for their
outstanding community service contributions.
Mr. Elswick highly praised the soldiers of the battalion for
their many contributions to the youths of the community.
Each student described their experiences relative to numerous
community-service activities at various Chesterfield County
schools.
3. BOARD MEMBER REPORTS
There were no Board Member Reports at this time.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Warren, seconded by Mr. Holland, the Board
replaced Item 8.B.2.b., Approval of Memoranda of
Understanding Between the Chesterfield County Police
Department and Dinwiddie, Amelia and Powhatan Counties for
Radio Interoperability; added Item 8.B.23., Approval for
Submission of the 2013 COPS Hiring Grant Application; and
replaced Item 17.E., Public Hearing to Consider Leasing Space
at the County Airport to the Commonwealth of Virginia for Use
by the Virginia Army National Guard.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
5.B. RECOGNIZING MRS. GRACE J. ORR, TREASURER'S OFFICE, UPON
HER RETIREMENT
Mr. Cordle introduced Mrs. Grace J. Orr, who was present to
receive the resolution.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mrs. Grace J. Orr will retire on June 1, 2013,
after providing 26 years of dedicated and faithful service to
Chesterfield County and our citizens as an employee of the
Treasurer's Office; and
WHEREAS, Mrs. Orr began her tenure with the Chesterfield
County Treasurer's Office on May 18, 1987, as a full-time
Account Clerk; and
WHEREAS, Mrs. Orr has been promoted several times over
the years from the positions of Account Clerk, to Senior
Account Clerk, to her current position of Principal Account
Clerk, which she has held since January 22, 1992; and
WHEREAS, Mrs. Orr has been instrumental in accurately
verifying and approving tax credit and refund activities in
the Treasurer's Office; and
WHEREAS, Mrs. Orr has been responsible for helping
educate our citizens regarding the county's tax refund
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policies; and
WHEREAS, Mrs. Orr has been responsible for providing
uncompromising customer service for phone inquiries received
from our citizens; and
WHEREAS, Mrs. Orr has received numerous commendations
from citizens and county staff members for the assistance she
has provided them throughout the years of her service; and
WHEREAS, Mrs. Orr was recognized for her uncompromising
performance within the Treasurer's Office by being selected
the Treasurer's Office Employee of the Year in 1992; and
WHEREAS, Mrs. Orr has faithfully and effectively
discharged her duties in each and every capacity with
proficiency, compassion, and uncompromising commitment to
world-class customer service; and
WHEREAS, Mrs. Orr will be tremendously missed for the
quality and caliber of her commitment, her compassionate and
cooperative performance, and her extraordinary loyalty and
dedication to the Treasurer's Office, county staff and our
citizens.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of May 2013,
publicly recognizes Mrs. Grace J. Orr and extends
appreciation for her 26 years of dedicated service to the
county, congratulations upon her retirement, and best wishes
for a long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mrs. Orr and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolution to Mrs. Orr and
commended her on her many years of loyal and dedicated
service.
Mr. Stegmaier presented Mrs. Orr with an acrylic statue and
county watch and expressed appreciation for her outstanding
service to the county.
Mrs. Orr, accompanied by her family, expressed her
appreciation to the Board for the recognition.
6. WORK SESSIONS
There were no Work Sessions at this time.
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7. DEFERRED ITEMS
7.A. CONSIDERATION OF AN APPLICATION FOR THE DEMOLITION OF A
DESIGNATED HISTORIC STRUCTURE, THE CLARKE RESIDENCE,
LOEATED ON CENTRALIA ROAD
Mr. Turner stated the contract purchaser has requested a
deferral.
On motion of Ms. Jaeckle, seconded by Mr. Decker, the Board
deferred consideration of an application for the demolition
of a designated historic structure, the Clarke Residence,
located on Centralia Road, to the August 28, 2013 regularly
scheduled meeting.
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment to the Parks and Recreation Advisory
Commission.
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
I 8.A.1. PARKS AND RECREATION ADVISORY COMMISSION
On motion of Mr. Holland, seconded by Mr. Warren, the Board
simultaneously nominated/appointed Mr. Earnest W. Harris,
Jr., representing the Dale District, and Mr. Bruce Clayton,
representing the Matoaca District, to serve on the Parks and
Recreation Advisory Commission, whose terms are effective
immediately and will expire December 31, 2015.
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8.B.l.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.B.i.a.1. DEPUTY FIRST CLASS JAMES TODD ROOKER, SHERIFF'S
OFFICE
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Deputy First Class James T. Rooker began his
service to the citizens of Chesterfield County in August
1993, as a Deputy Sheriff in the Correctional Services
Section of the Sheriff's Office under then Sheriff Clarence
G. Williams, Jr.; and
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WHEREAS, in September 1999, Deputy Rooker served on a
Process Action Team to analyze and determine shift schedule
alternatives for jail deputies; and
WHEREAS, in April 2004, Deputy Rooker was assigned to
the inmate workforce program where he utilized his knowledge
and skills for maintenance and construction projects that
helped to save taxpayer dollars; and
WHEREAS, in November 2008, Deputy Rooker met the
requirements to earn the status of Deputy First Class; and
WHEREAS, April 2009, Deputy First Class Rooker was
transferred to Court Services, where he has served until his
retirement; and
WHEREAS, Deputy First Class Rooker has served with honor
and distinction in the Sheriff's Office since 1993, receiving
many letters of appreciation and commendation; and
WHEREAS, Deputy First Class Rooker's desire to do a good
job has been consistently evident in the performance of his
duties and in his service to the citizens of Chesterfield
County for 19 years.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Deputy First Class James T. Rooker,
expresses the appreciation of all residents for his service
to Chesterfield County, and extends appreciation for his
dedicated service to the county and congratulations upon his
retirement, as well as best wishes for a long and happy
retirement.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.1.a.2. DEPUTY KEITH A. APPLEWHITE, SHERIFF'S OFFICE
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mr. Keith A. Applewhite began his public safety
career July 1985 serving as a Dispatcher before transferring
to Patrol Officer September 1986; and
WHEREAS, in 1992, Mr. Applewhite was selected Police
Officer of the Year; and
WHEREAS, beginning March 1993, Mr. Applewhite climbed
the public safety ladder starting with Background
Investigator, School Resource Officer, Senior Police Officer,
Master Police Officer, Career Police Officer, Career
Detective in Criminal Investigations and Corporal before
transferring to the Chesterfield Sheriff's Office as a Deputy
in October 2012; and
WHEREAS, April 1993, Mr. Applewhite received a
Certificate of Commendation for his outstanding police work
in solving a number of crimes ranging from vehicle larcenies,
stolen property and drug trafficking cases; and
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WHEREAS, April 2000, Mr. Applewhite received a
Certificate of Achievement for his excellent observation and
interrogation skills that resulted in the arrest and
confession from a suspect in a stolen car jacking/hit and run
incident; and
WHEREAS, in April 2007, Mr. Applewhite was the recipient
of the Meritorious Service Award for his diligent and
dedicated service to the Chesterfield County Police
Department; and
WHEREAS, Mr. Applewhite was the recipient of the 2008
Outstanding Youth Award for his outstanding contributions to
the youths in Chesterfield County; and
WHEREAS, January 2011, Mr. Applewhite received a
Certificate of Achievement for the extensive and thorough
investigation conducted by the Investigations Bureau, after
their quick response, communication and teamwork resulted in
the capture and arrest of nine suspects involved in a
homicide; and
WHEREAS, Mr. Applewhite is commended for his
investigative skills, which resulted in the arrest of eleven
violent gang members; as a result, there was a reduction of
gang activity, which contributed to the improved safety for
the citizens of Chesterfield County; and
WHEREAS, Mr. Applewhite was a Certified Gang Expert
responsible for all of the gang training provided to county
police along with many other jurisdictions throughout the
state and served as Vice President of the Virginia Gang
Investigators Association; and
WHEREAS, Mr. Applewhite presented numerous gang-related
presentations to a variety of groups including citizens,
businesses, community organizations, school personnel, other
police departments, Chesterfield and Richmond Commonwealth's
Attorney's Offices, and various state and federal agencies.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. Keith A. Applewhite, expresses the
appreciation of all residents for his service to Chesterfield
County, and extends appreciation for his dedicated service to
the county and congratulations upon his retirement, as well
as best wishes for a long and happy retirement.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.i.a.3. FIREFIGHTER GLEN E. MEAD, FIRE AND EMERGENCY
MEDICAL SERVICES DEPARTMENT
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Firefighter Glen E. Mead will retire from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on June 1, 2013; and
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WHEREAS, Firefighter Mead attended Recruit School #21 in
1989, and has faithfully served the county for nearly 24
years in various assignments as a firefighter at the
Midlothian, Bon Air, Airport, Ettrick, Wagstaff, Clover Hill
and Dale Fire and EMS Stations; and
WHEREAS, Firefighter Mead was recognized with an
Emergency Medical Services award for providing patient care
that resulted in saving a citizen's life in December 1991;
and
WHEREAS, Firefighter Mead was recognized with an EMS
Unit Citation for assisting a citizen in cardiac arrest in
September 1993; and
WHEREAS, Firefighter Mead was recognized with a Unit
Citation while assigned to Truck 7 for his extrication
efforts and patient care skills at a vehicle accident in
October 2003; and
WHEREAS, Firefighter Mead was recognized as an effective
team member at emergency scenes, including a key tactical
position on Truck 7 at the Hunters Chase Apartment Fire that
prevented the fire from spreading to other parts of the
building.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Glen E. Mead, expresses the appreciation of all
residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.i.a.4. CORPORAL RICHARD A. ENCINAS, POLICE DEPARTMENT
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Corporal Richard A. Encinas will retire from
the Chesterfield County Police Department on June 1, 2013,
after providing more than 28 years of dedicated and
professional service to the citizens of Chesterfield County;
and
WHEREAS, Corporal Encinas began his career in May 1985,
as Assistant Director of Aviation Services for Chesterfield
County; and
WHEREAS, Corporal Encinas transferred to the Police
Department as a Patrol Officer in October 1988; and
WHEREAS, Corporal Encinas has faithfully served the
county in the capacity of Police Officer, Senior, Master and
Career Police Officer and Corporal; and
WHEREAS, during his tenure, Corporal Encinas has served
as a Field Training Officer, School Resource Officer, Desk
Officer, Patrol Rifle Operation, and as a member of the
Police Honor Guard; and
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WHEREAS, Corporal Encinas was awarded the Medal of Valor
and Combat Ribbon for his swift actions, without regard to
his own safety, in subduing a dangerous suspect who had fired
upon Corporal Encinas and a fellow officer as they were
coming to the aid of a wounded officer; and
WHEREAS, Corporal Encinas was recognized with a Unit
Citation as a School Resource Officer for his participation
in achieving a high volume of case resolutions while
maintaining a strong focus on his normal duties at the
school; and
WHEREAS, Corporal Encinas was the recipient of a Chief's
Commendation for distinguished service and using veteran
police skills and instincts in the apprehension of an armed
robbery suspect; and
WHEREAS, Corporal Encinas has received numerous letters
of commendation, thanks and appreciation during his career
from the citizens of Chesterfield County for service
rendered; and
WHEREAS, Corporal Encinas has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Corporal Encinas' diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Corporal Richard A.
Encinas, and extends on behalf of its members and the
citizens of Chesterfield County, appreciation for his service
to the county, congratulations upon his retirement, and best
wishes for a long and happy retirement.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.l.b. RECOGNIZING MAY 19-25, 2013, AS "EMERGENCY MEDICAL
SERVICES WEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, emergency medical services is a vital public
service; and
WHEREAS, the members of emergency medical services teams
are ready to provide high quality lifesaving care to those in
need twenty four hours a day, seven days a week; and
WHEREAS, immediate access to high quality emergency care
dramatically improves the survival and recovery rate of those
who experience sudden illness or injury; and
WHEREAS, injury prevention and the appropriate use of
the EMS system will help reduce national health care costs;
and
WHEREAS, emergency medical services teams consist of
emergency physicians, emergency nurses, emergency medical
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technicians, paramedics, firefighters, communications
officers, educators, administrators, and others; and
WHEREAS, working together, these emergency medical
services teams responded to over 36,000 medical emergencies
in 2013, representing countless hours of dedicated service to
the community; and
WHEREAS, the members of emergency medical services
teams, whether career or volunteer, engage in many hours of
specialized training and continuing education to enhance
their lifesaving skills; and
WHEREAS, the citizens and visitors to Chesterfield
County benefit daily from the knowledge, skills, and
dedication of these highly trained individuals; and
WHEREAS, it is appropriate to recognize the value and
the accomplishments of the emergency medical services
providers from Chesterfield Fire and EMS, Defense Logistics
Agency - Richmond, Chesterfield County's Emergency
Communications Center, and the Volunteer Rescue Squads of
Bensley-Bermuda, Ettrick-Matoaca, Forest View, and
Manchester.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of May 2013,
publicly recognizes the week of May 19-25, 2013, as
"Emergency Medical Services Week" in Chesterfield County.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.i.c. AUTHORIZING PROVISION OF FINANCIAL INFORMATION AND
EXECUTION OF A CONTINUING DISCLOSURE AGREEMENT
RELATED TO THE ISSUANCE OF REFUNDING REVENUE BONDS
BY RIVERSIDE REGIONAL JAIL AUTHORITY
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the County of Chesterfield, Virginia (the
"County") is a member of the Riverside Regional Jail
Authority (the "Authority") The Authority has issued its
$61,755,000 Jail Facility Refunding Revenue Bonds, Series
2003 (the "2003 Bonds") to refinance bonds issued by the
Authority in 1995 to construct the regional jail; and
WHEREAS, to take advantage of current low interest rates
in the capital markets, the Authority has determined to
refinance all or a portion of the 2003 Bonds to reduce debt
service payments. Such refinancing is to be accomplished by
the Authority through the issuance of its Jail Facility
Refunding Revenue Bonds, Series 2013 (the "Bonds"); and
WHEREAS, in connection with the issuance of the 2003
Bonds, the County entered into a Continuing Disclosure
Agreement dated as of May 8, 2003 (the "2003 Agreement") in
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substantially the same form as the form of Continuing
Disclosure Agreement (the "2013 Continuing Disclosure
Agreement") presented to this meeting. The 2003 Agreement
required the annual delivery of the County's audited
financial statements and certain other information contained
in its comprehensive annual financial report; and
WHEREAS, the Authority has advised that the issuance of
the 2013 Bonds will necessitate the members of the Authority
entering into the 2013 Continuing Disclosure Agreement to
provide substantially the same information at substantially
the same time as the members are currently providing under
the 2003 Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of the County of Chesterfield, Virginia:
1. Approval of 2013 Continuing Disclosure Agreement.
The 2013 Continuing Disclosure Agreement is approved in
substantially the form presented at this meeting. The County
Administrator, and such other officers of the County as may
be appropriate, are authorized to execute and deliver the
2013 Continuing Disclosure Agreement, and affix and attest
the seal thereto if needed, with such changes, insertions or
omissions as may be approved by any of them, whose approval
will be evidenced conclusively by the execution and delivery
thereof .
2. General Authorization. Such officers of the County
are each authorized and directed to execute and deliver on
behalf of the County, and to do and perform such things and
acts, as they deem necessary or appropriate to carry out the
transactions authorized by this Resolution or contemplated in
the 2013 Continuing Disclosure Agreement, and are further
authorized to assist the Authority in connection with the
issuance of the Authority's 2013 Bonds and provide the type
of information previously provided to the Authority in prior
bond financings for use in the Authority's bond offering
documents for the 2013 Bonds. All of the foregoing,
previously done or performed by such officers of the County,
are in all respects approved, ratified and confirmed.
3. Effective Date. This resolution shall take effect
immediately upon its adoption.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.l.d. SUPPORTING THE ETTRICK TRAIN STATION MULTIMODAL
IMPROVEMENT PROJECT
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Ettrick Train Station provides daily Amtrak
service between major cities along the east coast including
Boston, New York, Washington D.C., Charlotte, Orlando and
Miami; and
WHEREAS, 22,000 riders use the Ettrick station annually
for their travel; and
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WHEREAS, Amtrak's new Northeast Regional service began
in December of 2012, resulting in increased ridership using
the Ettrick Train Station; and
WHEREAS, the Ettrick Train Station is centrally located
to the Tri-Cities region which includes southern and eastern
Chesterfield County, Hopewell, Colonial Heights, Petersburg,
Prince George and Dinwiddie; and
WHEREAS, over 100,000 residents of the Tri-Cities region
are within a six-mile radius of the Ettrick Train Station;
and
WHEREAS, the Ettrick Train Station is located less than
one mile from Virginia State University which currently has
over 6,000 students enrolled, and is expected to have over
10,000 students enrolled by 2020; and
WHEREAS, the Ettrick Train Station is located less than
eight miles from Fort Lee where 75,000 soldiers train
annually; and
WHEREAS, the Ettrick Train Station is located on o ne of
five original national high-speed rail corridors: the
Southeast High Speed Rail (SEHSR) corridor, which runs from
Washington D. C. to Raleig h, North Carolina; and
WHEREAS, ridership is expected to increase to 98,000
annually by 2025 with the implementation of the SEHSR
service; and
WHEREAS, the Ettrick Train Station has been determined
to be adequate to meet near-term increases in ridership per
Virginia Department of Rail and Public Transportation's Pre-
NEPA Evaluation, Tri-Cities Area Multimodal Station Study,
dated August 22, 2012; and
WHEREAS, Chesterfield County has committed to widening
East River Road to improve access to the Ettrick Train
Station as noted in the Southeast High Speed Rail Tier II
Draft Environmental Impact Study and these road improvements
are expected to be in place by 2015; and
WHEREAS, implementation of the SEHSR will require track
expansions resulting in the need to shift the station away
from the new track; and
WHEREAS, improvements to the Ettrick Train Station can
be phased to benefit the growth in ridership and potential
for high-speed rail service.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County requests the federal
Department of Transportation provide funding for the Ettrick
Train Station Multimodal Improvement Project.
AND, BE IT FURTHER RESOLVED that the Board hereby agrees
to pay 20 percent of the total estimated grant request of
$12,500,000 for the Ettrick Train Station Multimodal
Improvement Project.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.B.2. APPROVAL OF MEMORANDA OF UNDERSTANDING
8.B.2.a. BETWEEN THE CHESTERFIELD COUNTY POLICE DEPARTMENT
AND THE DEFENSE SUPPLY CENTER RICHMOND FOR POLICE
SERVICES
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved a Memorandum of Understanding between the
Chesterfield County Police Department (CCPD) and the Defense
Supply Center Richmond (DSCR) Department of Defense, for
Police services, and authorized the Chief of Police to
execute the Memorandum of Understanding on behalf of the
county. (It is noted a copy of the MOU is .filed with the
papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.2.b. BETWEEN THE CHESTERFIELD COUNTY POLICE DEPARTMENT
AND THE DINWIDDIE, AMELIA AND POWHATAN POLICE
DEPARTMENTS FOR RADIO INTEROPERABILITY
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved three Memoranda of Understanding for radio
interoperability between the Chesterfield County Police
Department and Dinwiddie, Amelia and Powhatan Counties and
authorized the Chief of Police to execute the Memorandum of
Understanding on behalf of the county. (It is noted copies of
the MOUs are filed with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.3. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT
FUNDS
8.B.3.a. FROM THE DEPARTMENT OF HOMELAND SECURITY
METROPOLITAN MEDICAL RESPONSE SYSTEM GRANT PROGRAM
TO PURCHASE MASS CASUALTY INCIDENT MEDICAL
EQUIPMENT AND FIREFIGHTER REHABILITATION EQUIPMENT
On motion of Mr. Holland, seconded by Mr. Warren, the Board
authorized the Fire and EMS Department to receive and
appropriate $80,000 in grant funds from the Department of
Homeland Security, Metropolitan Medical Response System grant
program, to purchase mass casualty incident medical equipment
and firefighter rehabilitation equipment to outfit a mass
casualty/personnel rehabilitation vehicle.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.3.b. FROM THE DEPARTMENT OF HOMELAND SECURITY'S 2010
URBAN AREA SECURITY INITIATIVE TO MANAGE A REGIONAL
PROJECT FOR CENTRAL VIRGINIA ALL-HAZARDS INCIDENT
MANAGEMENT TEAM
Homeland Security for communications equipment, deployment
equipment and training expenses associated with the
management of the Central Virginia All-Hazards Incident
Management Team.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
authorized the Fire and EMS Department to receive and
appropriate $60,000 in grant funds from the Department of
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.B.5. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.B.5.a. FROM THE CLOVER HILL DISTRICT IMPROVEMENT FUND TO
THE PARKS AND RECREATION DEPARTMENT TOWARD THE
PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT
AT SWIFT CREEK ELEMENTARY SCHOOL
On motion of Mr. Holland, seconded by Mr. Warren, the Board
transferred $5,000 from the Clover Hill District Improvement
Fund to the Parks and Recreation Department toward the
purchase and installation of playground equipment at Swift
Creek Elementary School.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.5.b. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE POLICE DEPARTMENT FOR POLICE/TRAFFIC COVERAGE
AT THE BON AIR HISTORICAL SOCIETY'S VICTORIAN DAY
PARADE
On motion of Mr. Holland, seconded by Mr. Warren, the Board
transferred $800 from the Midlothian District Improvement
Fund to the Police Department for police/traffic coverage at
the Bon Air Historical Society's Victorian Day Parade.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.5.c. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE A VARIABLE SPEED
ELECTROSTATIC GENERATOR AND REPLACEMENT BELT FOR
THE SCIENCE DEPARTMENT AT LLOYD C. BIRD HIGH SCHOOL
On motion of Mr. Holland, seconded by Mr. Warren, the Board
transferred $750 from the Dale District Improvement Fund to
the School Board to purchase a variable speed electrostatic
generator (Van de Graaff generator) and replacement belt for
the Science Department at Lloyd C. Bird High School.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.6. AWARD OF CONTRACT FOR INSTALLATION OF SIDEWALK
IMPROVEMENTS AND MEDIAN RELOCATION ALONG JEFFERSON
DAVIS HIGHWAY IN THE FALLING CREEK AREA
On motion of Mr. Holland, seconded by Mr. Warren, the Board
authorized the County Administrator to execute a bid award to
Virginia Concrete Construction Company in the amount of
$246,508 for the construction of sidewalk improvements and
the reconstruction of a median crossover in the Falling Creek
area along Jefferson Davis Highway.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.B.7. TRANSFER OF ADDITIONAL FUNDS AND AUTHORIZATION FOR
THE AWARD OF A CONSTRUCTION CONTRACT AND CHANGE
ORDERS FOR THE GENITO ROAD/OLD HUNDRED ROAD/CHARTER
COLONY SIDEWALK AND STREETLIGHT REVENUE SHARING
PROJECT
On motion of Mr. Holland, seconded by Mr. Warren, the Board
transferred $85,000 from the completed Clover Hill Revenue
Sharing Sidewalk Project to the Genito Road/Old Hundred
Road/Charter Colony Sidewalk and Streetlight Revenue Sharing
Project, authorized the award of a construction contract, up
to $120,000, to the lowest responsive and responsible bidder;
and authorized the County Administrator to execute all
necessary change orders for the work, up to the full amount
budgeted for the project.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.8. INITIATE APPLICATION FOR A CONDITIONAL USE PLANNED
DEVELOPMENT TO PERMIT THE GROSS FLOOR AREA FOR AN
ACCESSORY BUILDING TO EXCEED THE GROSS FLOOR AREA OF
A PRIMARY DWELLING ON BEVERLEY STREET
On motion of Mr. Holland, seconded by Mr. Warren, the Board
initiated an application for a Conditional Use Planned
Development to permit the gross floor area for an accessory
building (garage) to exceed the gross floor area of the
primary dwelling on a 1.1 acre zoning lot on Beverly Street,
identified as Tax IDs 785-608-3723 and 3831, and appointed
Kirkland Turner, Director of Planning, as the Board's agent
and waived disclosure requirements.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.9. INITIATE AN APPLICATION FOR REZONING WITH A
CONDITIONAL USE TO PERMIT A FIRE STATION ON EAST
HUNDRED ROAD
On motion of Mr. Holland, seconded by Mr. Warren, the Board
initiated an application for a rezoning from Community
Business (C-3) and Residential (R-7) to Corporate Office (O-
2) with a Conditional Use to permit a fire station on 1.5
acres on East Hundred Road, identified as Tax IDs 824-646-
9457, and 825-646-1748 and 0952, and appointed Kirkland
Turner, Director of Planning, as the Board's agent and waived
disclosure requirements.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.8.10. AWARD OF CONSTRUCTION CONTRACTS
8.B.10.a. TO GIBBON INTERNATIONAL FOR THE CONSTRUCTION OF AN
INTERMEDIATE CARE FACILITY ON LUCY CORR BOULEVARD
On motion of Mr. Holland, seconded by Mr. Warren, the Board
authorized the County Administrator to award and execute all
contract documents with Gibson Industrial Incorporated in the
amount of $2,515,584 for the construction of an Intermediate
Care Facility at 6810 Lucy Corr Boulevard.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.8.11. APPROVAL OF REVISED SEWER CONTRACT FOR SAINT LUKE'S
UNITED METHODIST CHURCH
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved the revised sewer contract for Saint Luke's United
Methodist Church, Contract Number 08-0183, as follows:
Developer: Saint Luke's United Methodist Church
Contractor: RMC Contractors, Inc.
Location: 4101 Fordham Road
Contract Amount: $56,237
District: Dale
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.8.12. REQUESTS FOR PERMISSION
8.B.12.a. FROM BASE CAMP DEVELOPMENT COMPANY FOR A PROPOSED
CONCRETE DRIVEWAY TO ENCROACH WITHIN A SIXTEEN-
FOOT DRAINAGE EASEMENT ACROSS LOT 27, SUMMER LAKE,
SECTION 6
On motion of Mr. Holland, seconded by Mr. Warren, the Board
granted Base Camp Development Co. permission for a proposed
concrete driveway to encroach within a 16' drainage easement
across Lot 27, Summer Lake, Section 6, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.12.b. FROM JEFFREY A. MOEHLING AND DARLENE E. MOEHLING
FOR A PROPOSED FENCE TO ENCROACH WITHIN A TEN-FOOT
EASEMENT ACROSS LOT 17, OAK PARK, SECTION 1
On motion of Mr. Holland, seconded by Mr. Warren, the Board
granted Jeffrey A. Moehling and Darlene E. Moehling
permission for a proposed fence to encroach within a ten-foot
easement across Lot 17, Oak Park, 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: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.8.13. REQUEST TO VACATE AND REDEDICATE A SIXTEEN-FOOT
WATER EASEMENT ACROSS THE PROPERTY OF CAPITAL ONE,
N.A.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and
County Administrator to execute an agreement to vacate and
rededicate a 16' water easement across the property of
Capital One, N.A. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
8.8.14. ACCEPTANCE OF PARCELS OF LAND ALONG CHESTERFIELD
AVENUE FROM THE COMMONWEALTH OF VIRGINIA FOR FUTURE
FIRE STATION 12 REPLACEMENT
On motion of Mr. Holland, seconded by Mr. Warren, the Board
accepted the conveyance of 1.5 acres, more or less, from the
Commonwealth of Virginia for future Fire Station 12
replacement, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
8.8.15. APPROVAL OF CHANGE ORDER TO UNITED REFRIGERATION
GENERAL CONTRACTORS FOR THE TWO- AND THREE-STORY
RENOVATION PROJECT
On motion of Mr. Holland, seconded by Mr. Warren, the Board
authorized the County Administrator to approve a change order
in the amount of $231,944.21 to United Refrigeration General
Contractors for the curtain wall replacement and two- and
three-story renovation project and authorized the County
Administrator to execute the necessary documents.
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
8.8.16. DESIGNATION OF RIGHT OF WAY FOR LUCY CORR BOULEVARD
On motion of Mr. Holland, seconded by Mr. Warren, the Board
designated right of way for Lucy Corr Boulevard and
authorized the County Administrator to execute the
declaration.
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
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8.B.17. CONVEYANCE OF AN UNDERGROUND EASEMENT TO VIRGINIA
ELECTRIC AND POWER COMPANY FOR A NEW SERVICE AT
THOMAS DALE HIGH SCHOOL
On motion of Mr. Holland, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Virginia
Electric and Power Company for a 15' underground easement for
a new service at Thomas Dale High School, 3626 W. Hundred
Road. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.18. APPROVAL PERFORMANCE AGREEMENT WITH SABRA DIPPING
COMPANY AND TRANSFER OF FUNDS TO THE ECONOMIC
DEVELOPMENT AUTHORITY TO FUND A GRANT ASSOCIATED
WITH SABRA'S EXPANSION OF A FOOD MANUFACTURING
FACILITY IN CHESTERFIELD COUNTY
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved a performance agreement with Sabra Dipping Company
and appropriated and transferred $385,000 to the Economic
Development Authority to fund a grant associated with Sabra's
expansion of a food manufacturing facility in Chesterfield
County.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.19. APPROVAL OF A PERFORMANCE AGREEMENT BETWEEN THE
ECONOMIC DEVELOPMENT AUTHORITY AND NCI GROUP,
INCORPORATED
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved a performance agreement between the Economic
Development Authority and NCI Group, Inc., and appropriated
and transferred $68,400 to the Economic Development
Authority.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.20. CONSIDERATION OF REQUEST OF QUANTUM ASSOCIATES LLC
FOR MODIFICATION OF THE AIRPORT INDUSTRIAL PARK
RESTRICTIVE COVENANTS RELATING TO THE TWENTY-FIVE
FOOT NORTH SIDE YARD SETBACK REQUIREMENTS
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved a request by Quantum Associates LLC to modify the
Airport Industrial Park restrictive covenants relating to the
twenty-five (25) foot north side yard setback at 8021 Reycan
Road.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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8.B.21. CONSENT TO CONVEYANCE OF PROPERTY BY CAPITAL REGION
AIRPORT COMMISSION FOR ROADWAY IMPROVEMENTS
On motion of Mr. Holland, seconded by Mr. Warren, the Board
consented to the conveyance of property by the Capital Region
Airport Commission for roadway improvements.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.22. AWARD OF ARCHITECTURAL AND ENGINEERING CONTRACT TO
COMMONWEALTH ARCHITECTS FOR ARCHITECTURAL AND
ENGINEERING SERVICES FOR HISTORICAL PROPERTIES
On motion of Mr. Holland, seconded by Mr. Warren, the Board
authorized the County Administrator to execute a requirements
contract with Commonwealth Architects for architectural and
engineering services associated with historical properties.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.23. APPROVAL FOR SUBMISSION OF THE 2013 COPS HIRING
GRANT APPLICATION
Mr. Gecker stated the implementation of the grant is an area
that needs to be reviewed relative to balancing items in the
budget.
There was brief discussion relative to the approval for
submission of the grant and acceptance of the grant at a
later time.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved the submission of the 2013 COPS Hiring Grant
application for the purpose of requesting funds to hire 10
new police officers.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
The following items were removed from the Consent Agenda for
Board discussion:
8.B.10.b. AWARD OF CONSTRUCTION CONTRACT TO WALTER C. VIA
ENTERPRISES, INCORPORATED FOR THE ROUTE 1 AND
ROUTE 301 (WEST) WATER LINE REPLACEMENT PROJECT
In response to Ms. Jaeckle's question, Mr. Covington stated
the process of attaining all the easements for the project
has already taken place. He further stated the alignment of
the waterline project is just outside of the right of way and
does not preclude putting a sidewalk within the right of way.
He suggested evaluating the process of installing sidewalks
within waterlines relative to future projects.
In response to Mr. Gecker's question, Mr. Covington stated
approximately 41 easements were acquired from property
owners.
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In response to Ms. Jaeckle's question, Mr. Covington stated
the project will leave the area of the 3-mile corridor
adjacent to the right of way in a condition to easily install
a sidewalk.
Ms. Jaeckle suggested identifying some funding in order to
install a sidewalk in the future.
In response to Mr. Gecker's question, Mr. Covington stated
the surface treatment was restored to the original condition.
He further stated public access would not be allowed.
Mr. Covington stated
are utility-specific
easement, but do not
sidewalk. He further
conducted relative to
sidewalk.
the easements that have been required
which allow a waterline within the
allow other types of uses, such as a
stated an evaluation would need to be
available right of way to construct a
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
awarded a construction contract for County Project #05-0143,
Route 1 and Route 301 (West) Water Line Replacement, to
Walter C. Via Enterprises, Inc. in the amount of $2,696,012
and authorized the County Administrator to execute the
necessary documents.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.B.4. REQUEST FOR AN ENTERTAINMENT FESTIVAL PERMIT FOR
EDWARD M. INNERS AND SONS AMUSEMENTS, INCORPORATED
D/B/A INNERS SHOWS TO CONDUCT A CARNIVAL AT THE
JEFFERSON DAVIS FLEA MARKET
Ms. Jaeckle stated a citizen expressed concerns relative to
carnival equipment being dangerously close to the roadway.
She recommended there be follow-up relative to monitoring of
the situation.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
granted the request of Edward M. Inners and Sons Amusements,
Inc. d/b/a Inners Shows for an entertainment festival permit
to conduct a carnival at the Jefferson Davis Flea Market on
July 2 through July 7, 2013, subject to the conditions.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
8.C. REVIEW OF CASH PROFFER UPDATE FOR 2014
Mr. Carmody stated the Board is requested to consider policy
revisions and a maximum cash proffer amount per dwelling unit
for FY2014. He further stated staff recommends the Board take
actions that fall into two main categories: setting the
maximum cash proffer for FY2014 and implementing more
flexibility in evaluating cases and staff recommendations
where warranted under certain conditions. He stated the
calculated cost for FY2014 is $19,743 per dwelling unit,
which is 16.9 percent lower than last year's calculated cost
of $23,747. He further stated the change in the calculated
impact is predominantly a result of a reduction in the road
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component of the calculation. He noted the Board has the
option to establish a maximum cash proffer amount up to the
calculated cost of $19,743. He stated the Board can set the
maximum cash proffer up to the calculated amount, however,
staff would recommend the maximum cash proffer be no higher
than the $18,966 amount currently in place. He further stated
state law allows the dollar amount of previously accepted
cash proffers to be adjusted annually based on changes in the
Marshall and Swift Building Cost Index, which has increased
2.7 percent since last year. He stated after more staff
analysis, the Board could consider amending the application
of the Marshall and Swift inflation index to previously
approved cases such that in no instance would the cash
proffer payment in previously approved cases escalate above
the Board established maximum in a given year. He further
stated with respect to expanded flexibility being
incorporated into staff recommendations, staff recommends the
Board consider four circumstances under which it would be
appropriate for the Board to consider accepting a cash
proffer amount that is lower than the Board-established
maximum. He noted those circumstances as follows: 1) where
applicants proffer improvements in lieu of cash for
improvements, particularly for off-site road improvements; 2)
where applicants proffer quality standards that exceed county
ordinances and routine design standards; 3) where applicants
proffer to limit the number of bedrooms in apartments,
townhouses, and condominiums; and 4) where projects are in or
positively improve designed revitalization areas of the
county in combination with there being sufficient public
facilities in the service areas of the proposed development.
He noted each of the four circumstances could be accomplished
within the language of the Board's existing policy.
In response to Ms. Jaeckle's question, Mr. Carmody stated the
Marshall and Swift Building Cost Index measures building
construction. He further stated one of the primary drivers in
the reduction of this year's calculated cost is due to a
decline in the road category. In regards to applicants who
proffer to limit the number of bedrooms in apartments,
townhouses and condominiums, he suggested expanding
flexibility and directing staff to provide a standard
approach relative to that circumstance. He further stated if
the Board decides not to take action at today's meeting,
cases would be assessed at the current maximum cash proffer
per dwelling unit and the Marshall and Swift inflation index
would be adjusted on previously approved cases in accordance
with the policy, without precluding the recommendations in
regards to flexibility aspects.
In response to Mr. Elswick's question, Mr. Carmody stated
there are proffers on previously approved cases that are
above the $18,966 amount. He further stated the policy
automatically adjusts the cash proffer amount on previously
approved cases by the amount of change in the Marshall and
Swift index.
In response to Ms. Jaeckle's question, Mr. Carmody stated
proffered language in previously approved cases needs to be
evaluated to see what action would be necessary on existing
cases to keep the cash proffer payment from going over the
maximum cash proffer amount. He further stated proffers of
newly approved cases can be styled differently to prevent
going above the maximum amount in subsequent years.
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In response to Mr. Holland's question, Mr. Carmody stated 86
percent of proffer payments made between FY2008-2012 were
below $16,000 and 78 percent of payments were below $14,000.
Mr. Warren stated the proposal substantiates the fact that
the Board bases cash proffers on a mathematical formula. He
further stated the economy is deflating to the level the
Board has already established. He stated the system in place
is mathematically sound and core items are already built in
to address concerns relative to flexibility within the
system.
Mr. Carmody stated a large proportion of cases have been
approved below the Board's established maximum proffer amount
between FY2008-2012.
Mr. Warren stated the circumstance where projects are in or
positively improve designated revitalization areas of the
county in combination with there being sufficient public
facilities in the service areas of the proposed development
is the most difficult to define from a mathematical formula
because it can be interpreted in many ways. He further stated
staff should provide realistic standards that would apply to
that specific circumstance. He referenced a letter from the
former County Administrator, Mr. Lane Ramsey, which indicated
that the development community supported the original system
when the proffer policy was approved based on concrete
statistics. He stated the policy is a long-term solution that
benefits the development community and all citizens of the
county. He noted the process would be more complex without a
mathematical standard.
Mr. Holland concurred with Mr. Warren's comments. He
commended Mr. Carmody, Mr. Stegmaier and staff for their hard
work and efforts. He then stated quality standards, from a
long-term standpoint, are a significant benefit for the
county going forward. He further stated revitalization is an
important part of the Comprehensive Plan that can be linked
to cash proffers. He stressed the importance of affordable
housing relative to the Marshall and Swift Index. He
requested additional data from staff relative to the three
areas he referenced.
In response to Ms. Jaeckle's question, Mr. Carmody stated the
maximum cash proffer in FY2008 was $15,600.
Ms. Jaeckle instructed staff to conduct an impact study of
growth, assuming residential growth returns to pre-recession
levels over the next five years. She noted her disagreement
relative to establishing a flat fee per dwelling unit. She
then expressed concerns regarding the changes in the Marshall
and Swift Building Cost Index, which has increased since last
year.
Mr. Carmody stated the Marshall and Swift Index is a regional
index which measures a pool of building projects from
Virginia to Florida.
In response to Mr. Gecker's question, Mr. Carmody stated
there has been some variation in road improvements during
FY2008-2012.
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Mr. Gecker expressed concerns relative to the road
calculation and how heavily dependent it is on the
anticipated state aid. He stated there is an artificial
fluctuation of the transportation component to the proffer
number.
In response to Ms. Jaeckle's question, Mr. Carmody
recommended that staff compile more discrete information
relative to the Marshall and Swift element as discussed by
the Board.
Mr. Gecker stated the county has been dealing with the
proffer policy system which has been in place for 22 years.
He further stated the policy was enforced following a large
national trend of impact fees in capital needs categories in
all high-growth jurisdictions to determine a way to pay for
future anticipated capital costs caused by development. He
stated given the way proffers are collected at a later time,
there is more information available to refine the process. He
noted schools are no longer forecasting increased enrollment
throughout the system projected for the next couple of years
going forward. He stated the idea that every house will
contribute to a new school is theoretically no longer
grounded in fact, due to schools being under capacity, system
wide. He suggested dividing the county into three different
types of zones, relatively fully developed areas that do not
anticipate new growth; somewhat developed areas that can be
zoned out; and relatively undeveloped areas of the county. He
stated from those zones, capital needs should be forecasted
to determine a proffer that is differentiated based upon
where development is needed in the community, so that growth
that is demanded by new capital facilities actually pays for
those new capital facilities. He further stated the system
can be modernized so that proffers more closely match the
cost of new construction in the county. He suggested
establishing firm standards relative to the cash proffer
policy.
Mr. Elswick stated the mathematical standards, which Mr.
Warren alluded to, should be examined. He further stated in
order to have firm rules relative to proffers, there should
also be a firm cost. He suggested defining the difference
between in-fill development and revitalization. He noted
there should be a more detailed explanation relative to
routine design standards.
Mr. Gecker stated he would be willing to explain to a
developer that the proffer would be fixed over a period of
time without the possibility of inflation, unless the
property has not been developed in that timeframe. He further
stated there should be appropriate design standards
regardless of the context of the proffer discussion.
Discussion ensued relative to implementation of development
design standards.
Mr. Elswick suggested examining the policies of other
jurisdictions to determine how Chesterfield can cut down on
the zoning approval timeframe.
Ms. Jaeckle expressed her disagreement in regards to the
concept of design standards. She stated it would be
impossible for a builder to pay a full proffer and construct
a home with exterior standards that are low maintenance that
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a first-time homebuyer could afford.
Mr. Gecker stated the size of a house will have a bearing on
the proffer amount. He further stated there are neighborhoods
that do not implement design standards and have a long-term
negative impact on the county.
In response to Mr. Warren's question, Mr. Mincks suggested
that the Board direct staff to define standards and costs
involved with changes that could possibly be implemented in
the future.
Mr. Warren made a motion to maintain the current maximum cash
proffer per dwelling unit for FY2014 of $18,966 and directed
staff to define standards and costs involved with changes
that could possibly be implemented at a future date by the
Board of Supervisors.
Ms. Jaeckle made a friendly amendment to Mr. Warren's
original motion for staff to look at the application of the
Marshall and Swift Index on previously approved cases
escalated above the Board's established maximum cash proffer.
Mr. Warren accepted Ms. Jaeckle's friendly amendment.
Mr. Holland seconded the motion.
Discussion ensued relative to the motion.
Ms. Jaeckle called for a vote on the motion made by Mr.
Warren, seconded by Mr. Holland, for the Board to maintain
the current maximum cash proffer per dwelling unit for FY2014
of $18,966 and directed staff to make recommendations on
policy items associated with enhanced flexibility and capping
the cash proffer amount so that any payment would not exceed
the Board's maximum cash proffer amount in the same year.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
In regards to Mr. Elswick's comments relative to streamlining
the zoning process, Mr. Holland stated the method will
continue to be improved with the coordination of staff.
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
approved the following reports: a Report on Developer water
and Sewer Contracts; and a Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
11. DINNER AT 5 P.M. IN ROOM 502 WITH CHESTERFIELD COUNTY
JUDGES, COMMONWEALTH'S ATTORNEY AND SHERIFF
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
recessed to dinner with Chesterfield County Judges,
Commonwealth's Attorney and Sheriff in Room 502.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Reconvening:
12. INVOCATION
Reverend Dr. Margaret Kutz, Chester United Methodist Church,
gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Scott P. Holahan led the Pledge of Allegiance.
14. RESOLUTIONS
14.A. RECOGNIZING MAY 18-24, 2013, AS "SAFE BOATING WEEK" IN
CHESTERFIELD COUNTY
Mr. Kappel introduced members of the United States Coast
Guard Auxiliary, Flotilla 31, who were present to receive the
resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, many Chesterfield residents choose recreational
boating as a way to relax with their families and friends;
and
WHEREAS, opportunities for on-the-water activities grow
each year; and
WHEREAS, with this growth comes additional risk and
responsibility; and
WHEREAS, a substantial proportion of the boats currently
registered in the Commonwealth of Virginia are owned by
residents of the County of Chesterfield; and
WHEREAS, use of kayaks and other self-propelled
watercraft not required to be registered is increasing
rapidly; and
WHEREAS, additional boaters from outside the County
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visit our waters each boating season; and
WHEREAS, it is important that both novice and
experienced boaters practice safe boating habits, maintain
essential safety equipment, and wear a life jacket; and
WHEREAS, the law requires that a wearable life jacket be
carried for each person on board all boats; and
WHEREAS, the life jackets of today are more comfortable,
attractive, and wearable than the styles of past; and
WHEREAS, the theme for the North American Safe Boating
Campaign, "Wear It!", acknowledges that many lives are saved
by the use of life jackets; and
WHEREAS, boating safety education classes and
complimentary vessel safety checks are readily available
throughout the year from the United States Coast Guard
Auxiliary.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of May 2013,
publicly recognizes May 18-24, 2013, as "Safe Boating Week"
in Chesterfield County and urges all Chesterfield boaters to
take a boating safety course, wear their life jackets, have
their boats checked for other safety equipment, and practice
safe boating.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolution to members of
the United States Coast Guard Auxiliary, Flotilla 31, and
commended the efforts of the auxiliary.
The members of the auxiliary expressed their appreciation to
the Board for the special recognition.
14.B. RECOGNIZING THE REVEREND DR. LINWOOD CARROLL, SR. UPON
HIS RETIREMENT AS SENIOR PASTOR OF AMAZING GRACE WORLD
FELLOWSHIP CHURCH
Mr. Kappel introduced Reverend Dr. Linwood Carroll, Sr., who
was present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Chesterfield County, Virginia, is proud to be
the home of many houses of worship; and
WHEREAS, Chesterfield County recognizes the special and
significant contributions to our society made on a daily
basis by members of the clergy; and
WHEREAS, the Reverend Dr. Linwood Carroll, Sr. received
his early education in Chesterfield County Public Schools,
graduating from George Washington Carver High School in 1958;
and
WHEREAS, he attended John Tyler Community College and
Virginia State College (now Virginia State University); and
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WHEREAS, he earned his Bachelor of Arts degree in
Religion, a Bachelor of Theology degree and his Master of
Divinity Degree from Richmond Virginia Seminary; and
WHEREAS; on August 5, 2005, he received his Honorary
Doctor of Divinity Degree from B.W. Robertson Ministries and
Seminary; and
WHEREAS, he earned his Doctor of Divinity degree from
the Frederick L. Ray Biblical Institute in Ettrick, Virginia;
and
WHEREAS, he also earned his Doctor of Biblical Exegesis
degree from the Frederick L. Ray Biblical Institute,
completing his final writing requirement in August 2010; and
WHEREAS, Reverend Dr. Carroll was licensed to preach the
gospel in April 2000 by Reverend Dr. Stephen L. Hewlett; and
WHEREAS, Reverend Dr. Carroll was ordained in
Chesterfield County in August 2002 by Amazing Grace World
Fellowship, where he served as founder and senior pastor; and
WHEREAS, he has served as a member of the Chester Clergy
Association, as a board member of the Lucy Corr Foundation
and as a board member of the National Christian Education
Convention of Richmond, Virginia; and
WHEREAS, Reverend Dr. Carroll has authored several
ministry workshop training booklets; and
WHEREAS, he also has served his community as a Boy Scout
leader for Troop 803, as president of the Kingsland Civic
Group, as a member of the Baptist General Convention of
Richmond, as chairman of the First Baptist Church, Centralia
Brotherhood Minister and in numerous other capacities; and
WHEREAS, in 2000, he founded Amazing Grace World
Fellowship Church, where he served as senior pastor until his
retirement on April 1, 2013; and
WHEREAS, Reverend Dr. Carroll has dedicated his life to
leading and serving others.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of May 2013,
hereby recognizes the outstanding contributions of the
Reverend Dr. Linwood Carroll Sr., expresses the gratitude of
all Chesterfield County residents for his lifetime of
service, and extends best wishes for a long and happy
retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Reverend Dr. Carroll, and that
this resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Mr. Holland presented the executed resolution to Dr. Carroll
and expressed his gratitude for Dr. Carroll's service to the
community.
Dr. Carroll, who was accompanied by his wife, expressed
appreciation to the Board for their recognition and well
wishes.
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14.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
Mr. Kappel introduced Mr. Scott P. Holahan and Mr. Zachary
Carter Holten, who were both present to receive the
resolution.
On motion of Mr. Gecker, seconded by Mr. Holland, 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 their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Scott P. Holahan,
Troop 1829, sponsored by Saint Matthias Episcopal Church, and
Mr. Zachary Carter Holten, Troop 2815, sponsored by Chester
United Methodist Church, have accomplished those high
standards of commitment and have reached the long-sought goal
of Eagle Scout, which is received by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for a role as leaders in
society, Scott and Zac 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 22nd day of May 2013,
publicly recognizes Mr. Scott P. Holahan and Mr. Zachary
Carter Holten, 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: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Ms. Jaeckle and Mr. Gecker 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.
Mr. Holahan and Mr. Holten provided details of their Eagle
Scout project and expressed appreciation to their parents and
others for their support.
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14.D. RECOGNIZING THE 2013 MISS CHESTERFIELD SCHOLARSHIP
PAGEANT WINNERS
Mr. Kappel introduced Ms. Kyle Grinnage, Executive Director
of the Miss Chesterfield Scholarship Pageant, and the 2013
Miss Chesterfield Scholarship Pageant winners, who were
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, the Miss Chesterfield Scholarship Organization,
Inc. is a non-profit organization that serves outstanding
young women; and
WHEREAS, the Miss Chesterfield Scholarship Organization
conducts the Miss Chesterfield Scholarship Pageant, which is
a preliminary pageant to the Miss Virginia Scholarship and
Miss America pageants; and
WHEREAS, the Miss America Organization is one of the
nation's leading achievement programs and the world's largest
provider of scholarship assistance for young women; and
WHEREAS, the Miss Chesterfield Scholarship Organization
provides young women with opportunities that can lead to
scholarship assistance to help prepare them for successful
careers; and
WHEREAS, in 2012, the Miss America Organization and its
state and local organizations provided more than $45 million
in cash and scholarship assistance; and
WHEREAS, the Miss America Organization also has
partnered with Children's Miracle Network to raise funds and
awareness for children's hospitals throughout the United
States; and
WHEREAS, the Miss Chesterfield Scholarship Organization
provides girls aged 4-9 an opportunity to participate in a
non-competitive Princess program that includes group
community service activities; and
WHEREAS, Miss Chesterfield goes on to compete in the
Miss Virginia Scholarship Pageant, which is a preliminary
pageant to the Miss America pageant; and
WHEREAS, the Miss Chesterfield Outstanding Teen advances
to compete in the Miss Virginia's Outstanding Teen Pageant,
which is a preliminary pageant to Miss America's Outstanding
Teen Pageant; and
WHEREAS, Miss Chesterfield's Outstanding Preteen also
competes at the state level; and
WHEREAS, in these activities, young women develop
presentation skills, poise, charm and grace while having the
opportunity to provide community service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of May 2013,
publicly recognizes the important contributions of the Miss
Chesterfield Scholarship Organization, Incorporated to the
development of young women and to their future success, and
congratulates the 2013 pageant winners: Miss Chesterfield,
Kiara Williams; Miss Chesterfield's Outstanding Teen, Dominga
Iris Murray; Miss Chesterfield's Outstanding Preteen,
Adreanna DeMarino; and Miss Chesterfield's Princesses, Bailey
Ryan Edwards, Lydia Taylor, Kendall Reese and Mireya Bolton.
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AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to the winners of this year's pageant
and that this resolution be permanently recorded among the
papers of this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Mr. Holland presented the executed resolution to each of the
pageant winners and congratulated them on their exemplary
achievements.
Each pageant winner introduced themselves and briefly
explained their goals and volunteer work.
Ms. Grinnage expressed appreciation to the Board for the
recognition.
14.E. RECOGNIZING THE 2013 YMCA U8 REDBULLS SOCCER TEAM ON
ITS OUTSTANDING REPRESENTATION OF CHESTERFIELD COUNTY
Mr. Kappel introduced members of the 2013 YMCA U8 Redbulls
Soccer Team, who were present to receive the resolution.
On motion of Mr. Warren, seconded by Mr. Holland, 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. Wyatt Sheppard, coach of the YMCA Redbulls
U8 Soccer Team, completed his second year of coaching and
along with his assistant coach, Tony Marini, led their team
on the road to an undefeated season; and
WHEREAS, the children won all eight of their games and
showed true team spirit and excellence in good sportsmanship;
and
WHEREAS, the team members include Autumn Crawford,
Samiyyah Dorsey, Lauryn George, Chadman "Grey" Gourley,
Madison Hamilton, Jordan Johnson, Austin Marini, Josiah
Morris, Adrian Rios, Deaton Warren and Lakayla Galloway.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of May 2013,
publicly recognizes the Chester YMCA Redbulls U8 Soccer 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 2013 Chester YMCA U8 Redbulls
Soccer Team and that this resolution be permanently recorded
among the papers of this Board of Supervisors of Chesterfield
County, Virginia.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
Mr. Warren presented the executed resolution to members of
the soccer team and congratulated them on their success.
Family members of the soccer team introduced themselves.
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15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Ralph Carter urged the Board to provide key debt
information on ballot forms relative to the general
obligation bonds to finance public improvements.
Ms. Julie Ranson addressed the Board relative to county
taxing and spending priorities.
Ms. Sandy Brasili urged the Board to provide an online
searchable budget document relative to county expenditures.
Mr. Freddy Boisseau expressed concerns relative to the bond
referendum needed to initiate a meals tax.
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
~~cNniQ~
In Bermuda Magisterial District, Stephanie Walta and Joseph
Walta request manufactured home permit approval and amendment
of zoning district map to permit a temporary manufactured
home in a Residential (R-7) District on .2 acre known as
10114 Brightwood Avenue. Density is approximately 5 units per
acre. The Comprehensive Plan suggests the property is
appropriate for residential use of 2.51-4 units/acre. Tax ID
793-666-9401.
Mr. Turner presented a summary of Case 13SN0186 and stated
both the Planning Commission and staff recommended approval
subject to the conditions.
Mr. Joseph Walta accepted the conditions.
Ms. Jaeckle praised Mr. Walta on the improved condition of
the property.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
approved Case 13SN0186, subject to the following conditions:
1. The applicant shall be the owner and occupant of
the manufactured home. (P)
2. No permanent-type living space may be added to the
manufactured home. The manufactured home shall be
skirted but shall not be placed on a permanent
foundation. (P)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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~~cun~~~
In Clover Hill Magisterial District, RCC Genito, LLC requests
amendment of conditional use planned development (Case
84SN0135) and amendment of zoning district map relative to
signage in a Community Business (C-3) District on 10.9 acres
fronting in two (2) places for a total of 370 feet on the
east line of Genito Road, north of Hull Street Road, also
fronting 90 feet on the north line of Hull Street Road, east
of Genito Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Community Business
use. Tax IDs 743-684-6363 and 744-684-1454.
Mr. Turner presented a summary of Case 13SN0516 and stated
both the Planning Commission and staff recommended approval
subject to the condition.
Mr. Joe Howard, representing the applicant, accepted the
condition.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
approved Case 13SN0516, subject to the following condition:
With the approval of this request, Condition 6 and
Section III of the Textual Statement of Case 84SN0135
shall be deleted. All other conditions of Case 84SN0135
shall remain in force and effect. (P)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
13SN0517
In Bermuda Magisterial District, Priority Volkswagen c/o
Ellmer Properties Chesterfield, LLC requests amendment of
conditional use planned development (Case 12SN0197) and
amendment of zoning district map relative to gravel parking
in a General Business (C-5) District on 8.6 acres fronting
460 feet on the south line of Ruffin Mill Road, 1,970 feet
south of Woods Edge Road. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Industrial use.
Tax ID 805-637-0272.
Mr. Turner presented a summary of Case 13SN0517 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered condition.
Mr. John Cogbill, representing the applicant, accepted the
recommendation.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
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On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved Case 135N0517 and accepted the following proffered
condition:
The Owners and the Developer (the "Owners") in this zoning
case, pursuant to Section 15.2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield
County, for themselves and their successors or assigns,
proffer that the development of the Property known as
Chesterfield County Tax Identification Number 805-637-0272
(the "Property") under consideration will be developed
according to the following conditions if, and only if, the
rezoning request for Conditional Use Planned Development
("CUPD") is granted. In the event the request is denied or
approved with conditions not agreed to by the Owners, the
proffers shall immediately be null and void and of no further
force or effect.
1. The Textual Statement dated March 11, 2013 and revised
April 24, 2013, shall be considered the Master Plan. (P)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
13SN0134
In Dale Magisterial District, God's Storehouse Baptist Church
requests conditional use planned development approval and
amendment of zoning district map to permit exception to
ordinance requirements relative to reduction in setbacks for
parking and drives in a Residential (R-7) District on 3.7
acres known as 5007 Jessup Road. Density will be controlled
by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
suburban residential II use (2.0 to 4.0 dwellings per acre).
Tax ID 777-686-0543.
Mr. Ryan Ramsey presented a summary of Case 13SN0134 and
stated staff finds that the proposed reduction of the
required side yard setback will not adversely impact
adjoining property owners. He further stated the applicant
has proffered conditions that provide for screening measures
adjacent to the existing paved driveway and parking area. He
stated the conditions offered by the applicant will also
ensure that any future improvements on the site will meet
ordinance standards as it relates to setbacks and screening.
Mr. Dean Hawkins, representing the applicant, stated several
community meetings were scheduled for adjoining property
owners to address concerns relative to the length of the
proposed fence. He requested approval of the recommendation.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. Holland stated he spoke with adjoining property owners
and recommended his approval.
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Mr. Holland then made a motion, seconded by Mr. Warren, for
the Board to approve Case 13SN0134 and acceptance the
following proffered conditions:
1. The Textual Statement dated October 9, 2012, shall be
considered the master plan. (P)
2. A six (6) foot tall fence shall be installed along the
western side property line as shown on Exhibit A, dated
December 27, 2012. The fence shall provide adequate
vertical screening of the existing parking lot to the
adjoining property. Review and approval of the fence
shall be in conjunction with the site plan review
outlined in Proffered Condition 4. (P)
3. The installation of Perimeter Landscape A shall be
installed along the western side property line as shown
on Exhibit A, with the following modifications:
a. At least one small deciduous tree for each 30 lineal
feet and at least one evergreen tree for each 30
lineal feet;
b. At least one medium shrub for each 20 lineal feet;
and
c. Low shrubs and ground cover used appropriately in
tree and/or shrub beds.
Review and approval of the landscaping shall be in
conjunction with the site plan review outlined in
Proffered Condition 4. (P)
4. Within ninety (90) days of approval of this request, a
site plan shall be submitted to the Planning Department
for review and approval of the parking area layout on the
subject property. (P)
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
13SN0501
In Clover Hill Magisterial District, Church No. 9509 LP
requests amendment of zoning (Case O1SN0276) and amendment of
zoning district map relative to the location of a traffic
signal in Neighborhood Business (C-2) and Community Business
(C-3) Districts on 22.1 acres fronting 885 feet on the
southwest line of Midlothian Turnpike, 155 feet north west of
Tuxford Road. Density will be controlled by zoning conditions
or ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Corporate Office use. Tax IDs
751-706-3789; 751-707-1228 and 4548.
Mr. Ryan Ramsey presented a summary of Case 13SN0501 and
stated both the Planning Commission and staff recommended
denial because the proposal does not provide adequate
crossover or traffic signal spacing along the section of
Route 60 in order to minimize traffic congestion and delay.
He further stated approval of the proposal may set precedence
for future traffic signal requests which do not meet any
spacing standards and may result in adverse impacts to
traffic progression and safety.
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In response to Ms. Jaeckle's question, Mr. Ramsey stated when
the case went before the Planning Commission, a commissioner
mentioned the possibility of exploring another access road to
service the property.
In response to Mr. Elswick's question, Mr. Ramsey clarified
that the Planning Commission vote was not unanimous.
In response to Mr. Warren's question, Mr. Mincks stated the
Board would not have to suspend the rules because the
proffered condition was submitted before the advertisement of
the case.
Mr. Jim Theobald, representing the applicant, stated the
applicant is requesting to amend a proffered condition to
allow the Virginia Department of Transportation to determine
if a new traffic signal on Route 60 should be installed 420
feet from the Tuxford Road intersection. He stated a traffic
study was conducted which demonstrated no significant
increase in traffic impacts on Midlothian Turnpike based on
the proposal to modify the spacing of the signalized
intersection. He further stated VDOT has agreed to review the
plan and make a decision based on its statewide standards.
In response to Mr. Gecker's question, Mr. Theobald stated
there was a church on the site previously. He further stated
there was a meeting with the secretary of VDOT and there were
no commitments to approve the plan, only to review the plan.
Mr. Dexter Williams stated he prepared a traffic analysis,
after VDOT conducted a review, which documented the
difference in traffic operations between the previous traffic
signal location versus the proposed traffic signal .location
at the existing crossover. He further stated the results
showed a slightly higher operating speed for westbound
traffic and eastbound traffic speeds were the same.
Mr. Ramey Kemp stated the traffic study was consistent and
spacing is adequate to accommodate the amount of traffic in
the corridor.
Ms. Jaeckle called for public comment.
Mr. David Robinson, a Board member of the Shenandoah
Community Association, urged the Board to deny the request.
He expressed concerns relative to increased traffic and the
likelihood of increased auto accidents related to the reduced
spacing of signal lights.
Ms. Cynthia Kalfoglou, resident of the Shenandoah
subdivision, expressed concerns relative to elevated
congestion at the Midlothian Turnpike and Tuxford Road
intersections. She urged the Board to deny the request.
Ms. Verna McNamara, resident of the Shenandoah subdivision,
urged the Board to deny the request. She expressed concerns
relative to increased traffic on Midlothian Turnpike.
Ms. Connie Cleotelis, resident of the Shenandoah subdivision,
urged the Board to deny the request. She expressed concerns
with intersection blockage and increased traffic on
Midlothian Turnpike.
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Mr. Bill Johns, resident of the Midlothian District and
adjacent business owner, stated the easiest turning movement
is based off the existing crossover.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Theobald noted the adjacent property owner was not
willing to grant an easement on their property. He stated a
traffic signal was approved as long as it was at least 600
feet west of the existing signal at Tuxford Road.
In response to Mr. Warren's questions, Mr. Theobald stated
with the requested amendment, if VDOT does not approve a
traffic signal at the existing location, the applicant may
pursue the approval of a traffic signal by VDOT at the
location approximately 600 feet west of the Tuxford Road
intersection. He further stated the proposed traffic signal
would reduce the number of U-turns at the intersection. He
noted it would be a challenge to coordinate the timing to
take into account the needs of mainline traffic, as well as,
give some priority to people on side streets. He stated if
the traffic light is timed correctly, this will cause a break
in traffic flow. He noted locations that have traffic lights
at a distance similar to the proposal.
In response to Mr. Gecker's questions, Mr. McCracken stated
the Transportation Department does not support the case. He
further stated approval of the request would set a precedent
for other businesses to ask for their own stoplights. He
stated about 50,000 cars travel through the intersection at
Midlothian .Turnpike and Tuxford Road.
Mr. Warren stated there are many examples of locations in the
county, including the Village of Midlothian, that have
traffic lights at a distance similar to the proposal. He
stated if the traffic light is timed correctly, this will
cause a break in traffic flow. He stated every case is based
on its own merits and he plans to support the recommendation.
Mr. Warren then made a motion, seconded by Mr. Elswick, for
the Board to approve Case 13SN0501 and accept the proffered
condition.
Ms. Jaeckle stated there has to be exceptions to the rules
relative to infill developments. She stated she believes each
case is based on its own merits and that the traffic light
location would not pose a negative impact.
Mr. Holland stated each zoning case is unique. He noted the
potential for economic development in the area and stated he
would support the proposal.
Mr. Gecker stated approval of the case would have impacts on
his district. He noted the Village of Midlothian traffic
light spacing is done intentionally to slow the flow of
traffic. He stated the uncontroverted statements of the
experts involved are that there is going to be, even if it is
minute, a degradation of time to travel down Route 60. He
further stated the importance of the county is about the
residents, not the business community. He stated the piece of
property is in the predicament it is in because access was
proffered away when it was rezoned to commercial. He further
stated he would not support the proposal.
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Ms. Jaeckle expressed concerns relative to u-turning of
trucks at the intersection.
Mr. Elswick stated the county has invested millions of the
taxpayers' money to revitalize the area that is now Kroger
Marketplace. He further stated he believes installing a
traffic light is important to the business owner who has
invested money in order to develop on the adjacent property
site.
Ms. Jaeckle called for a vote on the motion made by Mr.
Warren, seconded by Mr. Elswick, for the Board to approve
Case 13SN0501 and accept the following proffered condition:
The property owners and applicant in this case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
property under consideration will be developed according to
the following proffer if, and only if, the request submitted
herewith is granted with only those conditions agreed to by
the owners and applicant. In the event this request is denied
or approved with conditions not agreed to by the owners and
applicant, the proffer shall immediately be null and void and
of no further force or effect.
1. Access from the Property to Route 60 shall be
limited to one entrance/exit. The entrance/exit
shall be limited to right turns in and out and the
location shall be approved by the Transportation
Department, unless the Virginia Department of
Transportation ("VDOT") approves a signalized
crossover at the existing median break just west of
the Tuxford Road intersection; should VDOT not
approve a signalized crossover at the existing
median break just west of the Tuxford Road
intersection, the previously-approved signalized
intersection approximately 600' west of Tuxford
Road will remain in full force and affect. If VDOT
approves a signalized crossover to serve the
Property, then right and left turn lanes shall be
provided as approved by VDOT. (T)
(Staff Note: This Proffered Condition supersedes
Proffered Condition 1 of Case O1SN0276)
Ayes: Jaeckle, Elswick, Warren and Holland.
Nays: Gecker.
13SN0507
In Midlothian Magisterial District, Ry
conditional use approval and amendment of
to permit a residential stock farm
Residential (R-40) District on 2 acres
Fox Road. Density will be controlled by
ordinance standards. The Comprehensive
property is appropriate for Suburban
(maximum of 2.0 dwellings per acre). Tax
13-322
ann Barnum requests
zoning district map
(chickens) in a
known as 2221 Swamp
zoning conditions or
Plan suggests the
Residential I use
ID 712-694-8290.
05/22/13
Mr. Ryan Ramsey presented a summary of Case 13SN0507 and
stated the Planning Commission recommended approval and
acceptance of the proffered conditions. He further stated
staff recommends denial because the proposed land use does
not conform to the Comprehensive Plan, which suggests the
property is appropriate for Suburban Residential I use
(maximum of 2.0 dwellings per acre) and the proposed land use
is incompatible with existing and anticipated area
residential development.
In response to Mr. Gecker's question, Mr. Ramsey stated the
case was brought before the Planning Commission due to an
anonymous complaint filed with the county.
Ms. Ryann Barnum stated she is requesting a conditional use
approval to permit a residential stock farm and proposes to
keep a maximum of four chickens on her property. She noted
the City of Richmond recently passed a policy to allow
backyard chickens. She further stated her land is surrounded
by trees and the backyard is not visible from the road. She
noted her family takes pride in their land and spend a
considerable amount of time trying to make improvements. She
stated the chickens promote sustainability and provide
learning opportunities for her daughters. She further stated
she believes the complaint was raised after she offered eggs
to her neighbors. She noted the Planning Commission has
recommended approval and acceptance of the proposal.
In response to Mr. Gecker's question regarding the complaint,
Ms. Barnum stated the vacant lot directly next to their
property has been drilled several times for the purpose of
installing a well, with no success. She further stated the
lot is currently on the market. She stated the adjacent
property owners were not in favor of roosters.
Mr. Gecker expressed concerns relative to a mandatory state
law that requires animal-control officers to kill any dogs
they discover harming livestock. He stated it seems
unreasonable to put the neighborhood dogs at risk.
In response to Mr. Gecker's question,
has installed a ten square-foot run
which ensures that nothing gets out
further stated all the dogs that roam
been in her yard and have never ~
chickens.
Ms. Jaeckle called for public comment.
Ms. Barnum stated she
covered with wiring,
or in the coop. She
the neighborhood have
een a threat to the
Ms. Joyce Hardee, a resident of the North Hundred
Subdivision, urged the Board to deny the request. She stated
approval of the case would set a precedent for Chesterfield
County. She further stated the proposed conditional use does
not conform to the Comprehensive Plan.
Mr. James Love urged the Board to approve the request. He
stated chickens and/or hens make hardly any noise.
Ms. Virginia Summers, a Bermuda District resident, stated
chickens/hens do not cause much of a nuisance and noted many
positive aspects of keeping chickens/hens.
Ms. Julene Cartwright requested that the Board to approve the
conditional use request.
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Ms. Brie Stockwell stated the county should not be
responsible for limiting personal property rights of its
citizens. She further stated residents should be allowed to
keep animals, such as chickens, assuming certain perimeters.
She urged the Board to approve the proposal.
Mr. Steve Harris, a resident of the North Hundred
Subdivision, stated he was initially in favor of the case,
but after discovering the potential consequences of dogs
harming livestock, he decided to switch his position.
Ms. Leslie Jett, resident of the North Hundred Subdivision,
urged the Board to deny the conditional use permit. She
stated a majority of property owners in the neighborhood are
opposed to the request.
Mr. Shields Jett, a resident of the North Hundred
Subdivision, urged the Board to deny the request. He stated
he has already had a bad experience with a former neighbor
who owned several chickens. He expressed concerns relative to
a possible decline of property value.
Mr. Freddy Boisseau expressed his support of the request. He
stated chickens can be kept in a residential area without
being a nuisance. He urged the Board to reexamine the
county's policy relative to livestock.
Mr. Greg Arston urged the Board to reexamine the county's
ordinance and approve the request.
Mr. Mark Barnum, husband of the applicant, urged the Board to
approve the request. He stated the chickens are pets that
provide learning opportunities and promote responsibility for
their children. He further stated he does not believe the
ownership of four hens constitutes a burden on property
values and the proffered conditions addressed the concerns.
Mr. Doug Barker, a Dale District resident, urged the Board to
approve the request.
Ms. Barnum stated the acceptance of the proffered conditions
is aimed to mitigate any concerns of those in opposition. She
urged the-Board to approve her request.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Gecker stated his general point of view on these kinds of
issues, whether the. county is able to zone or not, the fact
is that particular area is zoned residential and livestock is
not allowed. He noted the case was complaint driven. He
stated there is enough opposition present and to allow
approval of the request would violate the reasonable
expectations of everyone in the subdivision. He further
stated the ordinance should be reexamined.
Ms. Jaeckle stated the timing is favorable to look at what is
considered livestock versus a pet as an overall policy. She
further stated when a neighborhood is zoned a certain way,
there is a level of expectation relative to what is allowed
in that particular area. She stated because there is
opposition, she will honor those complaints.
13-324
05/22/13
Mr. Elswick stated the Board needs to make a decision based
on the merit of each case. He stated he would be inclined to
approve the request.
Mr. Holland stated it is the Board's responsibility to look
at each case individually and think about what the impact
would be on the county. He expressed his intention to approve
the request based on the citizens' comments.
Mr. Warren stated it is difficult to define a person's idea
of a pet . He further stated in a realistic society there are
restrictive covenants of neighborhoods. He expressed concerns
relative to putting neighborhood dogs at risk. He stated
there are strong advocates for permitting chickens in the
county.
Ms. Jaeckle encouraged advocates to voice their opinions and
concerns to state lawmakers in order to change the mandate
relative to dogs.
Mr. Gecker requested that the case be deferred to the July
17, 2013 regularly scheduled meeting in order for him to meet
with adjacent property owners.
Mr. Gecker then made a motion, seconded by Mr. Warren, for
the Board to defer Case 13SN0507 until July 17, 2013.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO CONSIDER AN ORDINANCE TO VACATE A SIXTEEN-FOOT
SEWER EASEMENT, PORTION OF A TWENTY-FOOT DRAINAGE AND
SEWER EASEMENT AND TEN-FOOT TEMPORARY CONSTRUCTION
EASEMENTS ACROSS LOT 22, COTTAGE MILL SUBDIVISION
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
vacate a sixteen-foot sewer easement, portion of a twenty-
foot drainage and sewer easement and ten-foot temporary
construction easements across Lot ~ 22, Cottage Mill
Subdivision.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following ordinance to vacate a sixteen-foot
sewer easement, portion of a twenty-foot drainage and sewer
easement and ten-foot temporary construction easements across
Lot 22, Cottage Mill Subdivision:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to HAZEL BLACK, ("GRANTEE"), a
16' sewer easement, portion of a 20'
drainage and sewer easement and 10'
temporary construction easements across
Lot 22, Cottage Mill Subdivision,
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MIDLOTHIAN 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 46, at Page 76.
WHEREAS, HAZEL BLACK, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a 16'
sewer easement, portion of a 20' drainage and sewer easement
and 10' temporary construction easements across Lot 22,
Cottage Mill, MIDLOTHIAN Magisterial District, Chesterfield
County, Virginia more particularly shown on a plat of record
in the Clerk's Office of the Circuit Court of said County in
Plat Book 46, Page 76, by J. K. TIMMONS & ASSOCIATES, INC.,
dated JUNE 27, 1984. The easements and portion of easement
petitioned to be vacated are more fully described as follows:
A 16' sewer easement, portion of a 20'
drainage and sewer easement and 10'
temporary construction easements across
Lot 22, Cottage Mill Subdivision, the
location of which is more fully shown on
a sketch a copy of which is attached
hereto and made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the easements and portion of easement sought to be
vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid easements and
portion of easement be and are 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 to the easements hereby vacated in the
property owner of Lot 22, Cottage Mill Subdivision, 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 HAZEL
BLACK, or her successors in title, as GRANTEE.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
13-326
05/22/13
17.B. TO CONSIDER AN ORDINANCE DIVIDING MIDLOTHIAN VOTING
PRECINCT IN MIDLOTHIAN MAGISTERIAL DISTRICT INTO TWO
pRT.'.C'TT~T('TC
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance
dividing Midlothian Voting Precinct in Midlothian Magisterial
District into two precincts.
In response to Mr. Holland's question relative to parking,
Mr. Haake stated there is ample parking at the location and
permission has been granted to use the adjacent church
parking lot for overflow.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 7-3 RELATING TO
CHANGE IN POLLING PLACE
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 7-3 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
0 0 0
Midlothian Voting Precinct (503):
Beginning at the point where the center line of Route 288
intersects the boundary line between the County of
Chesterfield and the County of Powhatan; thence
southwestwardly along said boundary line to its intersection
with the center line of Swift Creek; thence southeastwardly
along said line to its intersection with the Southern Railway
Right-of-Way; thence northeastward along said right-of-way to
its intersection with County Line Road; thence southward
along the center line of County Line Road to its intersection
with Mt. Hermon Road; thence northeastwardly along the center
line of Mt. Hermon Road to its intersection with the Southern
Railway Right-of-Way; thence northeastwardly along said
right-of-way to its intersection with Old Hundred Road;
thence southeastwardly along the center line of Old Hundred
Road to its intersection with Otterdale Road; thence
northwardly along the center line of Otterdale Road; to its
intersection with the Virginia Power Company easement; thence
southeastwardly along the center line of said easement to its
intersection with Route 288; thence southwardly along the
center line of Route 288 to its intersection with the Western
boundary line of Census Block 510411009281043; thence
northwardly along the center line of said boundary to its
intersection with Western boundary of Census Block
5.10411009292006; thence north along the center line of said
boundary to its intersection with Coalfield Road (State Route
754); thence northwardly along the center line of Coalfield
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05/22/13
Road (State Route 754) to its intersection with U.S. Route 60
(Midlothian Turnpike); thence westwardly along the center
line of U.S. Route 60 (Midlothian Turnpike) to its
intersection with the center line of Route 288; thence
northwardly along said line the Southern Railroad right-of-
way; thence eastwardly along the center line of said right-
of-way to its intersection with Winterfield Road (State Route
714); thence northwardly along the center line of Winterfield
Road (State Route 714) to its intersection with the boundary
line between the County of Chesterfield and the County of
Powhatan, the point and place of beginning.
The voting place for Midlothian Voting Precinct shall be
Midlothian High School, 401 Charter Colony Parkway.
Midlothian North Voting Precinct (518):
Beginning at the point where the center line of
Winterfield Road (State Route 714) intersects the boundary
line between the County of Chesterfield and the County of
Powhatan; thence southwestwardly along said boundary line to
its intersection with the center line of Route 288; thence
southwardly along said line to its intersection with the
center line of U. S. Route 60 (Midlothian Turnpike); thence
eastward along said line to its intersection with the
Southern Railroad right-of-way; thence eastwardly along the
center line of said right-of-way to its intersection with
Winterfield Road (State Route 714); thence northwardly along
the center line of Winterfield Road (State Route 714) to its
intersection with the boundary line between the County of
Chesterfield and the County of Powhatan, the point and place
of beginning.
The voting place for Midlothian North Voting Precinct shall
be the Lifelong Learning Institute, 13801 Westfield Road.
0 0 0
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
17.C. TO CONSIDER AN AMENDMENT TO THE FY2013-FY2018
SECONDARY ROAD CONSTRUCTION SIX-YEAR PLAN AND ADOPTION
OF THE FY2014 SECONDARY ROAD CONSTRUCTION BUDGET
Mr. McCracken stated this date and time has been advertised
for a public hearing for the Board to consider an amendment
to the FY2013-FY2018 Secondary Road Construction Six-Year
Plan and adopt the FY2014 Secondary Road Construction Budget.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution amending the FY203-FY2018
Secondary Road construction Six-Year Plan to add the Second
Branch Road Paving Project:
13-328
05/22/13
WHEREAS, the Virginia Department of Transportation
(VDOT) completed the paving of Russwood Road and a balance of
secondary road, unpaved road funds remain; and
WHEREAS, VDOT has requested the county utilize this
available balance of funds to pave Second Branch Road to
reduce maintenance costs; and
WHEREAS, the Second Branch Road Paving Project is not
currently on the Chesterfield County FY2013 through FY2018
Secondary Six Year Plan; and
WHEREAS, the Board wishes to amend their FY2013 through
FY2018 Secondary Six Year Plan to include the Second Branch
Road Paving Project.
NOW, THEREFORE, BE IT RESOLVED by the Board that the
Chesterfield County FY2013 through FY2018 Secondary Six Year
Plan be amended to include the Second Branch Road Paving
Project .
And, further, the Board adopted the following resolution
approving the Virginia Department of Transportation's
proposed FY2014 Secondary Road Improvement Project:
WHEREAS, the Virginia Department of Transportation
(VDOT) has submitted its proposed FY2014 Secondary Road
Improvement Budget to the county; and
WHEREAS, the FY2014 budget represents the implementation
of the second year of VDOT's Secondary Six Year Plan adopted
by the Board in May 2012.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors approves the FY2014 Secondary
Road Improvement Budget as presented by VDOT.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
17.D. TO CONSIDER APPROPRIATION OF ADDITIONAL ANTICIPATED
VIRGINIA DEPARTMENT OF TRANSPORTATION REIMBURSEMENTS
FOR SIX PREVIOUSLY APPROVED PROJECTS
Mr. McCracken stated this date and time has been advertised
for a public hearing for the Board to consider appropriation
of $18,469,838 in additional anticipated Virginia Department
of Transportation reimbursements for six previously approved
projects.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved appropriation of additional anticipated Virginia
Department of Transportation reimbursements for the following
six previously approved projects:
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- Route 60 (Courthouse Road to Old Buckingham Road) Widening
- Route 360 (Winterpock Road to Woodlake Village Parkway)
Widening
- Route 10 (Route 1 to I-95) Widening
- Route 10, Village of Chester, Pedestrian Improvements
- Cogbill Road (Howell Lane to Meadowbrook High School)
Sidewalk
- Osbourne Road (Cliff Lawn Drive to shopping center)
Sidewalk
And, furthermore, the Board authorized the state to transfer
the balance from the completed Branders Bridge Road at
Bradley Bridge Road Revenue Sharing Project to the Osborne
Road (Cliff Lawn Drive to shopping center) Sidewalk Revenue
Sharing Project.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
17.E. TO CONSIDER LEASING SPACE AT THE COUNTY AIRPORT TO THE
COMMONWEALTH OF VIRGINIA FOR USE BY THE VIRGINIA ARMY
NATIONAL GUARD
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider leasing space at
the county airport to the Commonwealth of Virginia for use by
the Virginia Army National Guard.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. El;
approved the leasing of space at the county
Commonwealth of Virginia for use by the
National Guard, authorized the Chairman of
County Administrator to execute the lease
appropriated and transferred $200,000 into a
for the associated improvements.
Zwick, the Board
airport to the
Virginia Army
the Board and
agreement, and
capital project
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
17.F. TO CONSIDER AUTHORIZATION TO EXERCISE EMINENT DOMAIN
FOR THE ACQUISITION OF A PARCEL OF LAND FOR MATOACA
PARK
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider authorization to
exercise eminent domain for the acquisition of a parcel of
land for Matoaca Park.
Ms. Jaeckle called for public comment.
Mr. Freddy Boisseau stated he believes a public park is
considered a luxury, not a core function of the county. He
expressed concerns relative to the acquisition.
Mr. Mincks stated a bona fide offer to purchase the parcel
cannot be made because most of the owners of the property are
unknown and cannot be identified with reasonable diligence.
In response to Mr. Ralph Carter's question, Mr. Mincks stated
the core function of government is to provide parks and
recreation under Virginia law.
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05/22/13
There being no one else to address the issue, the public
hearing was closed.
In response to Mr. Elswick's question regarding property
owners, Mr. Mincks stated the process going forward would be
to publish a notice in hopes that an heir would be
discovered. He further stated money would be set aside for
any identified owner.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
authorized the County Attorney to proceed with eminent domain
for the acquisition of a parcel of land containing 0.077
acres, more or less, from the unknown heirs of George W.
Partin for Matoaca Park.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
17.G. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF PERMANENT WATER AND TEMPORARY
CONSTRUCTION EASEMENTS FOR THE ROUTE 1 - ROUTE 301
WATERLINE REPLACEMENT, PHASE 1, HARROWGATE ROAD TO
FOREST LAKE ROAD
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider the exercise of
eminent domain for the acquisition of permanent water and
temporary construction easements for the Route 1 - Route 301
Waterline Replacement, Phase 1, Harrowgate Road to Forest
Lake Road. He further stated the agenda item references three
property owners, however, staff has since settled with the
property owners located at 2530 Pine Forest Drive and 16600
Jefferson Davis Highway.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
authorized the County Attorney to proceed with eminent domain
for the acquisition of permanent water and temporary
construction easements for the Route 1 - Route 301 Waterline
Replacement, Phase 1, Harrowgate Road to Forest Lake Road and
authorization to enter and take such easements prior to
eminent domain proceedings, for the following property: 17101
Bennett Place and 17030 Jefferson Davis Highway, Jimmie C.
and Rebecca M. Skelton.
In response to Mr. Elswick's question, Mr. Harmon stated
staff has been negotiating for acquisition of easements since
2009. He further stated staff will continue to negotiate with
the owners in. an effort to reach a settlement.
Ms. Jaeckle called for the vote on her motion, seconded by
Mr. Warren, for the Board to authorize the County Attorney to
proceed with eminent domain for the acquisition of permanent
water and temporary construction easements for the Route 1 -
Route 301 Waterline Replacement, Phase 1, Harrowgate Road to
Forest Lake Road and authorization to enter and take such
easements prior to eminent domain proceedings, for the
following property: 17101 Bennett Place and 17303 Jefferson
Davis Highway, Jimmie C. and Rebecca M. Skelton.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
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17.H. TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO BANNER
SIGNS
Mr. Allen stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance
amendment relating to banner signs. He further stated the
proposed ordinance amendments are to develop user-friendly
ordinance format; expand purposes for banners; orient
penalties to repeat offenders rather than the one-time
offender, and increase penalty to up to one year of no banner
usage; correct violations in 24 hours, not in 10 days as
currently allowed; increase the number of display days
allowed for businesses to equal non-profit organizations;
increase consecutive number of days a banner can stay up for
seasonal sales to a total of 60 days; and allow building
mounted banners to be sized according to building scale, up
to a maximum of 15 percent of the building face.
Ms. Jaeckle called for public comment.
Mr. Doug Horton, Chairman of the Board of Directors,
Chesterfield County Chamber, urged the Board to approve the
Planning Department's recommendation.
Ms. Tara Nelson urged the Board to support the Planning
Department's recommendation. She stated banners can be very
beneficial and promote business.
In response to Mr. Glen White's question, Mr. Allen stated a
banner needs to be connected between two poles on a building.
He further stated there is a requirement, through the permit,
to maintain that specific banner.
Mr. Glen white stated banners are very important for economic
development in the county and stressed the importance of
banner maintenance.
Mr. Bob Olsen urged the Board to support the Planning
Commission's recommendation of allowing 90 annual display
days allowed for businesses.
Mr. Bob Schrum stated he believes banners are critical to the
economic development of the county. He urged the Board to
support the Planning Department's recommendation.
Mr. Doug Horton stated the citizen group polled through the
Chesterfield County Chamber supported the Planning
Department's proposal.
Mr. Freddy Boisseau urged the Board to approve the Planning
Department's proposal.
Mr. Ralph Carter stated he was not aware of certain
regulations on banners. He expressed concerns relative to
controlling what business owners are allowed to put on their
property. He stated his support of the Planning Department's
recommendation.
There being no one else to address the issue, the public
hearing was closed.
Mr. Gecker stated he supports the Planning Commission's
recommendation.
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05/22/13
Mr. Holland concurred with Mr. Gecker's statement.
Mr. Gecker made a motion, seconded by Mr. Holland, for the
Board to adopt the Planning Commission's recommendation
relating to banners.
Ms. Jaeckle expressed concerns relative to allowing 120
annual display days for non-profit organizations. She stated
she would be inclined to support the Planning staff's
proposal.
In response to Ms. Jaeckle's question, Mr. Allen stated the
Planning Commission wanted to consider the 90 days for all
revitalization areas in the county, but those areas have not
been mapped yet.
Discussion ensued relative to the number of days a banner
should be displayed.
Mr. Allen stated there were interim changes made to the
ordinance to increase the number of days to 120 based on the
need for church event advertising.
Mr. Elswick stated non-profit organizations depend on
businesses for donations. He further stated he would support
the Planning staff's proposal.
Ms. Jaeckle called for a vote on the motion of Mr. Gecker,
seconded by Mr. Holland, for the Board to adopt the ordinance
amendment relating to banner sign recommended by the Planning
Commission.
Ayes: Gecker and Holland.
Nays: Jaeckle, Elswick and Warren.
Ms. Jaeckle made a motion, seconded by Mr. Elswick, for the
Board to adopt the ordinance amendment relating to banner
signs recommended by the Planning Department.
Mr. Gecker made a friendly amendment to carve out special
planning areas along Midlothian Turnpike.
Ms. Jaeckle accepted Mr. Gecker's friendly amendment.
Mr. Elswick expressed concerns with Mr. Gecker's friendly
amendment and the idea of not treating each business fairly.
Mr. Mincks stated the motion would not be amended unless the
seconder agreed with the amendment.
Mr. Warren made a substitute motion for the Board to approve
the ordinance amendment relating to banner signs recommended
by the Planning Department, with the addition of a 60-day
provision for special planning areas.
Mr. Gecker seconded Mr. Warren's substitute motion.
Ms. Jaeckle called for a vote on the motion of Mr. Warren,
seconded by Mr. Gecker, for the Board to adopt the following
ordinance, as amended:
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CHAPTER 19
0 0 0
Sec. 19-5. Enforcement.
0 0 0
(b) Penalties for violation; right of entry.
0 0 0
(6) If the director of planning determines that any person
has violated this chapter or failed to comply with any
condition of a zoning or development approval then he
shall serve upon that person a notice to comply by
either:
a. Delivering the notice to the person by hand; or
b. Mailing the notice by first class mail to the last
known address of the person.
The notice shall set forth the nature of the violation
or failure to comply. Upon failure of the person to
remedy the violation, comply with the condition or
receive an extension within ten days after the date of
delivery or mailing of the notice, the person shall be
subject to the penalties set forth above. With respect
to violations or failures to comply involving banners,
portable signs, electronic message center signs, or the
parking or display of motor vehicles, the person shall
remedy the violation or comply with the condition within
24 hours of service of the notice or receive an
extension, or the person shall be subject to the
penalties above.
0 0 0
Sec. 19-632. Definitions.
0 0 0
Banner: A sign consisting of a piece of fabric or other
similar flexible material, other than
a flag or pennant.
Sec. 19-638. Banners
Banners shall only advertise or communicate the following:
a. Special sales and promotions
b. Events
c. Hiring and recruitment periods
d. Local, state or national business awards
e. Anew business that has not yet installed permanent signage
With the exception of a new business that has not yet installed
permanent signage, a banner shall not solely advertise a business name
and/or logo.
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05/22/13
a. Prior to the installation of any banner, an applicant shall obtain
approval from the director of planning. The approval request shall
be on an application form proscribed by the director of planning,
and shall, at a minimum include the following information about the
banner:
1) purpose,
2) size,
3) area of building face if building mounted,
4) proposed location,
5) dates of display, and
6) method of fastening or displaying.
In addition to the above requirements, the director of planning may
request additional information deemed necessary to ensure compliance
with this section.
b. Banner applications shall not be submitted more than 30 days
prior to the proposed display date.
c. The director of planning may deny a banner application for up to one
year from the issuance of the most recent notice of violation if a
property, business or organization has received two notices of
violation of this section in any 12-month period.
a. Except as otherwise specified in this section, banners shall be
located on the same property as the sponsoring business,
organization or event that the banner advertises or promotes.
b. Banners along public roads must meet the following:
1) Except for village districts, a banner shall be located at least
20 feet from the edge of pavement or a minimum of one foot
outside of the public right of way, whichever is greater.
2) In village districts, a banner shall be located at least 20 feet
from the edge of pavement or a minimum of five feet outside of
the public right of way, whichever is greater; however, if a
banner is advertising a community event, such banner may be
displayed across a public road subject to the approval of VDOT.
c. Banners may be freestanding or building mounted.
d. Banners shall not be attached to trees, shrubs, utility poles, guy
wires or traffic signs.
4 : ~t~.ex~ ate ires~ent.s .
Permitted
Display
permitt
Days ed Banner Size
permitted Excluding
Number
Consecutiv
Nonprofit Display
Banner Type Permitt
a Display
( er year) Da s
Y
ed Days Spec All Buil '
ial Othe Nonprof Freestan ng
it (per ding
A Sea Year) (square Mo d
Area feet)
tl~ s
a. For a
50
nonresidentia
1 community squa
with in-line fee
tenants or 4 60 60 120 120 32 or 1
of
tenants not buil '
having direct
road frontage ng
tz] [3l f a c
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4
b. For outparcel
uses within a
nonresidentia
1 community;
or for
businesses
and 1 60 60 120 120 32
organizations
located
outside of a
nonresidentia
1 community
[3] [5]
c. For the
temporary
onsite
activity of a
nonprofit
No
organization 1 60 ppp
ably 120 32
not
permanently
located on
the property.
[3] [6]
d. For a
community
event of
Not
nonprofit 1 15
Applicable 120 32
organization
on vacant
property [s] [']
e. For nonprofit
sports team
recruitment 4 30 Not 120 32 pilot
A licab
period, Applicable 1e
offsite
display [e]
f. For a
community
event banner
displayed 1 60 Appl ~ able 120 250
across public
road in
village area
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[1] Special Areas are shown on the zoning maps as "Banner Limitation
Special Areas" and are known as, Eastern Midlothian Special Distric
and Chesterfield Towne Center Southport Area Special District.
[2] Of the banners allowed, no more than 2 freestanding banners shall b
allowed along the project road frontage and the remainder may b
building mounted. No more than 1 banner is permitted per tenant, t
allow up to 4 tenants to advertise concurrently. Additional banner
may be permitted as provided in footnote [3].
[3] Where the property on which a banner is displayed is located along mor
than one arterial road, the number of banners permitted may b
displayed simultaneously for each arterial road and each banner may b
displayed the number of days permitted in this section. An additiona
banner may be permitted along the road frontage for each 500 feet o
project road frontage in excess of 1000 feet.
[4] For in-line tenants of a shopping center the banner size calculatio
shall be based upon the building face of the tenant unit. For othe
buildings, the banner size calculation shall be based upon the buildin
face on which the banner is displayed.
[5] When a banner is displayed by a nonprofit organization and there ar
multiple nonprofit organizations collocated on the property, no mor
than one additional banner may simultaneously be displayed for th
additional nonprofit organizations located on the property.
[6] This banner may be displayed in addition to other banner(s) permit
by this section.
[7] Display time shall be limited to 15 days prior to the event.
[8] An organization may receive no more than four (4) such banner permit:
per year. A maximum of four (4) offsite banners may be displayed pex
advertised recruitment period; only one (1) banner may be displayed pex
parcel; and all site locations for such event banners shall be listec
on one (1) permit.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
20. ADJOURNMENT
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
adjourned at 10:35 p.m. until June 26, 2013 at 3:00 p.m.
Ayes: Jaeckle, Elswick, Warren, Holland and Gecker.
Nays: None.
~C' G
J mes J gmaie Dorot A. J eckle
ounty inistrator Chairman
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