2014-02-12 MinutesBOARD OF SUPERVISORS
MINUTES
February 12, 2014
Supervisors in Attendance:
Staff in Attendance:
Mr. James M. Holland, Chairman
Mr. Mike Bacile, Dir.,
Mr. Stephen A. Elswick, Vice Chrm.
Purchasing
Ms. Dorothy A. Jaeckle
Dr. Sheryl Bailey, Dep.
Mr. Arthur S. Warren
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
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessment
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Sheriff Karl Leonard,
Sheriff's Department
Mr. Michael Mabe, Dir.,
Library
Ms. Mary Martin Selby,
Dir., Human Resource
Services
Mr. Jeffrey L. Mincks,
County Attorney
Ms. Chris Ruth, Asst. Dir.
Public Affairs
Chief Edward L. Senter,
Fire Department
Mr. Scott Smedley, Dir.,
Environmental Engineering
Mr. Jesse Smith, Dir.,
Transportation
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Kirk Turner, Dir.,
Planning
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Mr. Rick Witt,
Building Official
Mr. Scott Zaremba, Dir.,
Human Resource Programs
Mr. Holland called the regularly scheduled meeting to order
at 3:00 p.m.
1. APPROVAL OF MINUTES FOR JANUARY 22, 2014
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
approved the minutes of January 22, 2014, as submitted.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
2.B. UPDATE ON SPORTS TOURISM ACTIVITIES
Mr. Adam Kennedy with the Greater Richmond Aquatics
Partnership presented an update to the Board on upcoming
sports tourism activity. He also recognized the efforts of
the Richmond Kickers, Chesterfield United, Richmond Strikers,
Sports Backers, Greater Richmond Aquatic Partnerships and
Meadowbrook High School for their outstanding contributions
to sports tourism in Chesterfield County. He stated during
the month of February and March, multiple sporting events
including Virginia High School League State Championships in
swimming, will bring thousands of participants and spectators
to Chesterfield County, providing economic impact
opportunities and highlighting the county's tourism
initiatives.
Ms. Jaeckle stated in addition to professional and
competitive sports offered at the Collegiate School Aquatics
Center, there is a goal of having all second graders in the
Richmond area capable to swim by 2020. She then commended Mr.
David Glass, for his efforts in extending opportunities to
children in the Bensley area who are interested in playing
soccer.
Mr. Warren commended Mr. Kennedy for his ongoing
contributions and noted Chesterfield County generated $20
million last year for use of sports facilities, hotels and
restaurants. He stated there were 125,000 visitors to the
county, half of those visitors from out of state, as a result
of sports tourism alone.
Mr. Holland also applauded Mr. Kennedy for his efforts and
contributions to area high schools.
Mr. Stegmaier stated this morning he spoke with officials of
the Commonwealth of Virginia on the state's economy, who are
concerned that Virginia is underperforming in the growth of
our economy. He further stated one exception to that
phenomenon remains the positive economic impact of travel and
sports tourism. He commended the representatives present in
the audience for their contributions to sports tourism
activity in the region. He noted Chesterfield County was
recognized yesterday for efforts in promoting active
lifestyles within our school systems.
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Ms. Emily Dillon, Emergency Management Coordinator, provided
an update on the impending winter storm and preparations.
Discussion ensued relative to preparations and possible
concerns with storm aftermath.
• Mr. Stegmaier was pleased to report that for the
seventh time, Chesterfield County has earned
international recognition by placing 22nd on Training
magazine's Top 125 for 2014. He stated with this year's
ranking, Chesterfield County continues its achievement
as the only local government to be recognized on this
listing. He further stated, as we look to run government
in an efficient business -like fashion, Chesterfield
continues to be a leader for both public and private
companies in effectively delivering learning to our
employees. He stated the county's placement at 422 and
this achievement demonstrates our practice of educating
our workforce in an efficient and effective manner with
demonstrated results. He then recognized Mr. Kevin Bruny
and members of the Center for Organizational Excellence
for their good work in bringing this recognition to the
county.
Ms. Mary Ann Curtin presented an update from the General
Assembly. She stated the RMA bill, HB597, was approved by the
House on an 89-8 vote. She stated there was considerable
discussion among the members related to support from Richmond
City Council (the Mayor supports, Council has not taken a
position) and the need for clarification from City
Council. She further stated Board members from Hanover and
Goochland shared their concern about the name change to the
Richmond Regional Transportation Authority while also
expressing that the name change was their only concern. She
stated Delegate G. Manoli Loupassi requested to change the
name to the Richmond Metropolitan Transportation Authority,
which was approved to equalize jurisdictional representation.
She stated HB1093, the Health Center Commission legislation
introduced at the county's request, has passed the House on a
94-0 vote and has crossed over to the Senate. She further
stated additionally, SB606, the bill to authorize maintenance
allocations to Chesterfield at the $12,500 level per lane
mile if the Board chooses to take over maintenance of the
secondary roads, was carried over to 2015 by Senate Finance
yesterday. She noted while the bill died, the committee also
made it clear to VDOT that they will be expecting to hear
that additional maintenance needs were met in Chesterfield
over the course of the next year or that the committee will
look at the issue next session. In closing, she stated staff
is focusing attention on the House and Senate budgets which
will be released on Sunday, February 16th
In response to Mr. Warren's question, Ms. Curtin stated a
number of stormwater management bills were introduced that
were later consolidated into HB1173. She noted the bill does
not deal with funding issues, but particularly deals with
jurisdictions that are further away from the Chesapeake Bay.
She stated there is a budget amendment request waiting to be
reviewed, due to concerns expressed relative to fees.
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In response to Mr. Warren's question relative to education
funding, Mr. Carmody stated the number being proposed by the
Governor is a $17 million increase for Chesterfield County
schools in stated revenues made up of a combination of
partial funding for the VRS on the two-year step plan.
Mr. Holland made a request
hold discussions with Board
after the budget cycle.
to the County Administrator to
members regarding the RMA bill,
Mr. Stegmaier stated staff has received technical amendments
relative to the RMA bill. He further stated staff will
continue to monitor the issue and keep the Board informed.
3. BOARD MEMBER REPORTS
Ms. Jaeckle stated the opening of the Krispy Kreme store at
Stonebridge has quickly become quite popular and proves to be
a great investment for the county.
In response to Ms. Jaeckle's comments, Mr. Stegmaier stated
the opening of Krispy Kreme has generated 40 percent of
business from non -county residents.
Mr. Holland announced the Dale District held a meeting on
February 4th regarding the Chesterfield County Revitalization
Plan at the Collegiate School Aquatics Center. He stated more
than 70 citizens attended the meeting and participated in a
spirited discussion.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
deleted Item 14.A., Resolution Recognizing Boy Scouts Upon
Attaining the Rank of Eagle Scout; we would like to delete
Item 14.C., Resolution Recognizing Mr. Don J. Kappel,
Director of Public Affairs, Upon His Retirement; and extended
the afternoon public comment period to include a number of
speakers who had signed up to speak during the two evening
public comment periods, due to the inclement weather.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
5. RESOLUTIONS
5.A. RECOGNIZING THE 25TH ANNIVERSARY OF THE COUNTY'S BLACK
HISTORY MONTH CELEBRATIONS
Ms. Mary Martin Selby introduced Dr. Robert Turner, Reverend
Lawrence Pollard, Mr. L.J. McCoy,everend Harold Braxton,
Ms. Mary Marshall and Mr. Mi+ard S1, th, who were all present
to receive the resolution. 4
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
adopted ;he fol owing resolution:
WHEFZEAS, February is recognized a
and is 4 time to formally acknowledge
contributions of African-Americans
Chesterfield County; and
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s Black History Month
the many tremendous
to the world and
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M
WHEREAS, this month, Chesterfield County is celebrating
the 25th anniversary of its nationally acclaimed Black History
Month Celebrations, which have received state and national
awards for presentation creativity and content quality; and
WHEREAS, during the past 24 years, more than 105,000
members of the community have attended events, including
50,000 attendees at concerts; and
WHEREAS, more than 100 scholarships have been awarded to
high school students attending a college or university in
Virginia, and more than 7,000 business partners have attended
the annual diversity business breakfasts, which featured
notable keynote speakers; and
WHEREAS, numerous corporate and individual sponsors have
renewed financial commitments, and dedicated volunteers and
employees have devoted countless hours annually to produce
incredible community events; and
WHEREAS, Chesterfield County has a strong desire to
continue this special tradition by joining together with the
residents of the county and the Richmond region in
celebrating Black History Month.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 12th day of February 2014,
hereby expresses its appreciation to the county's business
partners, corporate sponsors, employees and residents for
their continued support of the County's Black History Month
Celebrations.
AND, BE IT FURTHER RESOLVED that the Chesterfield County
Board of Supervisors proudly recognizes February 2014 as the
25th anniversary of Black History Month Celebrations in
Chesterfield County.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Mr. Holland presented the executed resolutions and commended
each representative for their continued support of the
county's Black History Month celebrations.
Each volunteer expressed their appreciation to the Board for
the special recognition.
5.B. RECOGNIZING SHERIFF DENNIS S. PROFFITT UPON HIS
RETIREMENT
Sheriff Leonard introduced Sheriff Dennis S. Proffitt, who
was present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, Mr. Dennis S. Proffitt began his public safety
career by serving as a dispatcher for Chesterfield and
Henrico Counties prior to becoming a patrolman in 1975, after
completing the Chesterfield County Police Academy; and
WHEREAS, in 1976, Sheriff Proffitt was promoted to
Detective in the Vice and Narcotics Unit, where he served as
the first undercover police officer in the history of the
Chesterfield County Police Department; and
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WHEREAS, Sheriff Proffitt served in the Vice and
Narcotics Unit until 1989, during which time he was promoted
to Sergeant and Lieutenant and demonstrated innovative
strategies for conducting narcotics investigations by
obtaining the first wiretap for a marijuana investigation in
the Commonwealth of Virginia; and
WHEREAS, Sheriff Proffitt was selected as Police Officer
of the Year in 1979; and
WHEREAS, Sheriff Proffitt served on the first Police
Department SWAT Team; and
WHEREAS, in 1996, Sheriff Proffitt was promoted to
Inspector in charge of Special Investigations, where he was
responsible for 40 investigators conducting narcotic and
covert investigations; and
WHEREAS, in 1997, Sheriff Proffitt was promoted to
Captain in charge of criminal investigations, where he
supervised more than 75 detectives and was responsible for
all criminal investigative matters; and
WHEREAS, Sheriff Proffitt expanded his criminal justice
knowledge by attending the DEA Commander School, FBI National
Academy, and FBI Special Tactical School; and
WHEREAS, in 1997, Sheriff Proffitt transferred to the
Sheriff's Office as a Captain, later being promoted to Major
and then to Undersheriff in 1999; and
WHEREAS, Sheriff Proffitt was appointed Sheriff on
February 1, 2007, and was elected Sheriff by the citizens of
Chesterfield in November 2007 and again in November 2011; and
WHEREAS, Sheriff Proffitt was instrumental in
implementing a comprehensive executive protection program to
enhance the security provided for the elected and appointed
Boards and Commissions of Chesterfield County; and
WHEREAS, Sheriff Proffitt was a passionate advocate for
his employees, demonstrated by his commitment to training,
career development programs and employee engagement; and
WHEREAS, Sheriff Proffitt supported inmate workforce
programs that provided grounds maintenance and litter control
services on county grounds, resulting in tremendous cost
savings; and
WHEREAS, Sheriff Proffitt supported the development and
implementation of technological improvements such as the Jail
Management and Civil Papers systems, mobile data terminals,
and video pre-trial, resulting in significant efficiencies;
and
WHEREAS, Sheriff Proffitt led efforts to restructure
child -support enforcement programs, resulting in the
collection of millions of dollars of unpaid child support;
and
WHEREAS, Sheriff Proffitt has demonstrated a commitment
to community causes such as hunters' safety training, Special
Olympics, Seniors -In -Touch, TRIAD and Project Lifesaver; and
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WHEREAS, during Sheriff Proffitt's tenure, the Sheriff's
office maintained full compliance with Virginia Board of
Corrections standards and maintained full accreditation
through the Virginia Law Enforcement Professional Standards
Commission; and
WHEREAS, Sheriff Proffitt's leadership resulted in
significant security enhancements to jail and courts
facilities, such as bullet resistant security stations,
electronic control systems, and digital video recording; and
WHEREAS, Sheriff Proffitt expanded the capabilities of
the Sheriff's Office to be an invaluable resource to the
county during times of crisis and natural disaster; and
WHEREAS, Sheriff Proffitt's legacy is his unwavering
commitment to public safety and ensuring that the citizens of
Chesterfield County are safe and secure; and
WHEREAS, Sheriff Proffitt exemplifies servant leadership
through his commitment to service, empathy, foresight and
stewardship.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 12th day of February 2014,
publicly recognizes the outstanding contributions of Sheriff
Dennis S. Proffitt, 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.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Sheriff Proffitt, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Mr. Holland presented the executed resolution to Sheriff
Proffitt and commended him on his many years of loyal and
dedicated service.
Ms. Jaeckle, Mr. Warren, Mr. Gecker and Mr. Elswick all
highly praised Sheriff Proffitt on his tremendous leadership,
accomplishments and devoted service to county citizens.
Mr. Stegmaier presented Sheriff Proffitt with an acrylic
statue and county watch, congratulated him on his retirement
and expressed appreciation for his outstanding service to the
county.
Colonial Dupuis commended Sheriff Proffitt for his leadership
and commitment to service.
Sheriff Proffitt, accompanied by his son, expressed his
appreciation to the Board for the special recognition and for
all their support throughout the years.
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6. WORK SESSIONS
6.A. PROPOSED FY2015 PROJECTED REVENUES
Mr. Matt Harris presented an overview of the proposed FY2015
projected revenues in the General Fund. He provided an update
on the national overview/ revenue forum highlights; focus on
local conditions and activity; and the FY2015 outlook and
forecast underpinnings. He reviewed structural shifts in the
U.S. economy which include a new normal taking hold in U.S.
labor market; unemployment rate is not telling the whole
story; lower percentage of Americans are working; and, more
of those who are only working part-time. He stated the
housing correction is well underway; providing some drag to
the housing market; not going back to bubble pace; and
preference changes also in play. He reviewed signs of life
and reasons for concern, noting the Federal Reserve stimulus
has provided a boost to the economy but expressed concerns
about what happens as stimulus efforts wind down. He further
stated there is a longer term risk from Federal entitlements;
Social Security, Medicare and Medicaid payments are projected
to roughly double in the next ten years; and all signs
suggest a bumpy path forward for the U.S. economy. In regards
to forecast highlights, he stated there is a continued
improvement in residential reval, but not charting a return
to FY2005-FY2008 pace; 3 percent on residential in FY15;
projecting further rebound in home building, more dovish on
commercial conditions; modest growth in personal property,
amid softening in used car values; restrained outlook for
sales tax; and with the summary built at $0.95, there are no
fee adjustments other than the Virginia Stormwater Management
Program (VSMP). He then reviewed revenue summary highlights,
stating real estate accounts for 87 percent of the FY2015
increase; 3.9 percent versus FY2014 revised; other taxes'
change more of a reflection of FY2014 softness; permit
revenue the result of increased development activity ($646k)
and VSMP fees ($336k); service charge increase tied to ICFMR
revenue (two months); some potential upside in state revenue;
and reserves: reduction in the use of rate stabilization,
mirroring thinner results of operations. In closing, he
reviewed some key takeaways, stating there are structural
shifts in the economy limiting pace of growth; i.e. this is
the recovery; local conditions are still a mixed bag: real
estate is firming, with a pullback in consumer categories;
and the outlook calls for continued modest revenue growth in
FY2015 with some mild uptick over long -run as consumer
accounts settle.
In response to Mr. Gecker's questions regarding forecasted
revenue growth for FY2015-FY2019, Mr. Harris stated the long-
range forecast on the real estate front is going to be tied
to 3 percent on existing housing stock. He further stated 2
percent is a good benchmark for overall in FY2015, with an
uptick towards 3 percent in years to come. He noted there is
still unsettledness on the consumer side. He stated that
baseline revenue growth of approximately 2.5 percent can be
expected in FY2016.
In response to Mr. warren's questions regarding future
inflation, Mr. Harris stated it is anticipated that inflation
will increase and will likely place pressure on interest
rates. He further stated whenever there is an opportunity to
lock -in on a rate presently, every chance is taken to achieve
that goal. He stated adjusting the fund balance would be
viewed negatively by staff.
In response to Ms. Jaeckle's question regarding fund balance
and its impact on bond ratings, Mr. Stegmaier stated the fund
balance was not increased; the percentage went up because the
budget was shrinking. He further stated the percentage of the
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budget that was being allocated to pay-as-you-go capital
projects was declining and remains at a very low level today.
Mr. Harris stated the world of agency reviews is not the same
as the time when 7.5 would generate the county a AAA rating.
He further stated agencies have tightened there scrutiny over
the last couple of years, and moving back would not be viewed
favorably.
In response to Ms. Jaeckle's question regarding VRS, Mr.
Harris stated the local contribution is around $10 million.
He further stated the bulk of the pressure on VRS has
happened on the Schools' side. He stated a six-year plan has
been put in place that comes in three, two-year steps.
In response to Mr. Elswick's question regarding commercial
retail industry projections, Mr. Harris stated although there
has been commercial construction success over the last five
years, large economic development projects cannot be
forecasted long-term. He further stated commercial values are
tied into incomes and other things that property is
generating, and can be a complicated reevaluation process. He
noted a two percent increase in commercial construction, with
a commercial reevaluation at 9/10 of a percent for tax year
2014. For next year, he stated these figures were projected
at 1.5 and .5 percent, respectively.
Mr. Holland commended Mr. Harris on his outstanding and
informative presentation. He stated the Board looks forward
to continued success for the county as projected.
6.B. VIRGINIA STORMWATER MANAGEMENT PROGRAM, MUNICIPAL
SEPARATE STORMWATER SYSTEM AND THE CHESAPEAKE BAY TOTAL
MAXIMUM DAILY LOAD
Mr. Scott Smedley presented an overview of the Virginia
Stormwater Management Program, the Chesapeake Bay Total
Maximum Daily Load (TMDL) and proposed stormwater service
district. He stated the presentation will review the impact
upon the department's operations and actions that the Board
will need to consider, as well as the timing of the Board's
actions needed to comply with state and federal mandates. He
reviewed the transfer of VSMP responsibilities from state to
county, which applies to stormwater from all construction
activities. He reviewed the Virginia Stormwater Management
Program timeline. In regards to the definition of VSMP, he
stated it applies to all construction projects, new
development and redevelopment; process applications, a new
requirement from DEQ; enforcement of the Stormwater
Management ordinance (state recommended fee schedule; average
fee - per plan of development $2,340); review of stormwater
pollution prevention plans; inspection of construction sites;
and overseeing of BMP maintenance. He then reviewed
stormwater technical criteria changes. In regards to the
Chesterfield County Municipal Separate Storm Sewer System
(MS4), he stated the EPA continues to exert authority over
the MS4 permit, as well as enforce several new requirements
of the permit. He reviewed Chesapeake Bay TMDL goals, which
include reductions of nitrogen, phosphorus and total
suspended solids from stormwater; and reductions from both
impervious (e.g. asphalt, roofs) and pervious (e.g. lawns)
surfaces. He reviewed Chesapeake Bay TMDL incremental
reduction requirements over 15 years. He stated the
Compliance Plan focuses on approximately 50 percent of stream
restoration; Falling Creek Reservoir percentage depends on
the amount of sediment dredged; these projects are
environmental revitalization and geared to benefit existing
neighborhoods. In terms of the Chesapeake Bay TMDL Cost, he
stated $177 million is the total cost over 15 years (capital
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and operating). He further stated costs are not distributed
evenly across permit cycles, and establishing a funding
source is now crucial. He reviewed Stormwater Service
District benefits which include a simple setup and
administration (e.g. line item in tax bill); tax deductible
from state and federal taxes; least amount of administrative
overhead; revenue is dedicated to stormwater functions;
enabling legislation in place; and assessments included
entire property (impervious and pervious). He then reviewed
concerns such as anomalies - occur with both service
districts and utilities credits or cost reductions for
beneficial uses - the Land Use Assessment program addresses.
He summarized the proposed Service District Rate, noting
$0.015 per $100 of assessed real estate value; average
assessment is $33 per year; proposed revenue will fund: FY15-
FY19 CIP (projects listed in CIP); and FY20-FY24 CIP (Falling
Creek reservoir restoration and stream restoration projects).
In closing, he stated the proposed compliance plan is the
minimum necessary to meet the Federal mandate. He noted CIP
project alternatives have been reevaluated and the most cost-
effective combination was selected.
In response to Ms. Jaeckle's question relative to fees
associated with development, Mr. Smedley stated there is a
fee of $209 for a single-family home; however, there will not
be a fee associated with an addition to a home.
In response to Mr. Elswick's question relative to what the
state is going to do with 28 percent of the VSMP fee
collected; Mr. Smedley stated to his knowledge he did not
know other than audit the county's program once every five
years.
In response to Ms. Jaeckle's question regarding stream
restoration, Mr. Smedley stated the Department of
Environmental Quality has criteria that classify if a stream
is impaired, due to bacteria, dissolved oxygen, etc.
In response to Mr. Elswick's concerns, Mr. Smedley stated
under the proposal there would be no way to compensate for an
individual who does not participate in the land use program.
Members of the Stormwater Advisory Committee were recognized
and asked to introduce themselves. It was generally agreed
that support of the recommendation was favorable.
In response to Mr. Gecker's question, Mr. Carmody stated the
Board can set the Stormwater Service District rate at a rate
lower than the one advertised.
Mr. Elswick made a request to be presented with a paper copy
of all future presentations.
In response to Mr. Elswick's question, Mr. Stegmaier stated a
decision needs to be made today if the Board wanted to
include the Stormwater Service District with the budget
public hearing in March.
Mr. Carmody stated the December real estate bill needs to be
captured and the subsequent June bill so the decision would
have to be made in order to get it on a December bill.
Mr. Mincks stated this particular ordinance has an unusual
requirement with an additional advertisement and has a little
longer wait after the last ad before the public hearing than
is normally done for ordinances.
Mr. Carmody stated there are three advertisements, with the
last one being 10 days prior to the public hearing.
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7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
S.A. ADVERTISEMENT OF TAX RATES FOR TAX YEAR 2014 AND
ADVERTISEMENT OF THE PROPOSED FY2015 BUDGET, THE
FY2015-FY2019 PROPOSED CAPITAL IMPROVEMENT PROGRAM AND
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Mr. Holland read the following statement: "This county has
always made education and public safety our priorities as we
know these are the foundations for our community. During the
last five years we made significant cuts to our county and
school budgets, and have delayed investing in the long term
needs of the school system. This was done so that during the
recession we did not burden our citizens who were already
struggling. We have deferred major maintenance and
replacement of aging schools; delayed replacement of our
aging school bus fleet; and eliminated over 600
county/schools' positions, increased class sizes and reduced
educational offerings. We stand today at a juncture where we
need and will make the first down payment' on revitalizing
our infrastructure and charting the course for the future to
invest in our education system. We know the economic recovery
has not been as robust as we all would like it to be, but
today's action sets us on a course of continued excellence
for education and public safety. As we move forward we will
need to have a five-year plan to continue this journey of
excellence we are starting today. It will take time to fully
establish all the priorities for our school system but we are
committed going forward to making Chesterfield Public Schools
the best in the nation. Therefore, I am directing our School
Liaison Committee and Budget and Audit Committee to deeply
examine, after the budget is adopted, priorities and present
to this Board a process for excellence in our community. Mr.
Warren will be overseeing these two Boards working with them,
with his 20 plus years of experience, to ensure we are on
course with the School Board and will discuss these issues
more deeply and entirely."
Mr. Carmody stated the Board is requested to authorize the
advertisement of tax rates for the calendar year 2014, the
proposed FY2015 budget, the proposed FY2015-FY2019 Capital
Improvement Program and the proposed Community Development
Block Grant Program. He further stated the Board is asked to
set the tax rates given the responsibility the Board has to
communicate to the County Administrator which rates to
advertise. He stated the County Administrator is recommending
that in order to keep open the option for dealing with the
fiscal challenges and for the purposes of the Board to allow
to hear from constituents that the real estate rate be
advertised at $.98 with the recommendations in the papers
specifically noting that increase is to be used for
maintaining school infrastructure, and that comes in two
parts, one to preserve the seven-year plan for the school
revitalization initiative and the second being for restoring
the pay-as-you-go capital improvement funding that is
critical for major maintenance and Schools' capital plan. He
stated the three -cent increased rate that is proposed and
recommended for Board consideration is exclusive of the
funding mechanism related to the possible Stormwater Service
District. He further stated other rates in the paper are
recommended to remain unchanged and the only change
recommended is on the real estate rate.
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Mr. Gecker read the following statement: "I have had the
pleasure of serving with the Chairman on the Budget and Audit
Committee of this county for 4-5 years. As has been noted
many times, we have steered the county with the able
assistance of the County Administrator and Budget and
Management Department through what was the worst financial
period anybody in the organization can remember, and I think
overall we did a pretty good job doing it. Some of the things
that have been necessitated; however, were making some cuts
that I do not believe are sustainable long-term, including
cuts in the budget of the School division. We are still in
the process as we move through the FY2015 budget cycle of
trying to resolve certain gaps. I do not think the
Administration has a clear, winning proposal on how to get us
through FY2015, as the committee knows, and Mr. Holland and I
have been fairly good at trying to look longer than FY2015,
but at least that five-year period we have talked about. We
have certain priorities, public safety, of course, but we
have not had many issues there in terms of funding. On the
School side, there is continuing concern about degradation
and quality caused by the reduction in pupil -teacher ratio,
which is not just children in the classroom, but it also
refers to the number of different classes we can offer.
Certain schools do not have the same elective set as other
schools and some of the electives we are short, are what
people would consider to being core educational experiences.
As the Chair alluded to, we have under maintained certain
school buildings, in fact a lot of the school buildings. In
November the citizenry was asked to allow for debt in order
to embark upon a seven-year plan to rehabilitate or replace
some of those school buildings, my recollection it passed
with 72 percent of the vote, a pretty significant percentage.
We still have a gap on the general fund side, and I know the
Administration proposal included certain reductions in the
Social Service arena, reductions that I am not yet personally
prepared to make, we continue to look for other areas of
savings or service reduction in other parts of our budget. I
know each of us has got their own ideas of where we ought to
head, which programs need to be cut or which programs has
priority over other programs, we are not quite there yet. You
know, most of you understand I am in business for myself and
I appreciate the importance of retaining flexibility of
action and in years past, when I made the motion I'm about to
make, the Board has said no, we are just going to keep it
where we are.' This is a year unlike the others that in that
we can see our way clearer, because as Matt and Allan
mentioned, the path forward, although it is not as robust as
it might have been in the early 2000's, it is at least a path
upward, we will have some funds to do some things we want.
But until we know how we are going to march down that path, I
think it would be imprudent of this Board to deny ourselves
the flexibility. Advertising a rate is not the same as
passing a rate, it is in fact a tool to allow the citizenry
to have some meaningful input into those issues that are
important to them, frankly something we have denied the input
of citizens in the previous five years. I think it is
important that we recognize where we have been and that this
be the year that this Board take the initiative to begin to
rebuild this community in a way that makes it a place, the
same kind of place that all of us came to and the kind of
place all of us want to stay, and candidly three cents,
although I know it sounds like a lot to some, really is not
the magic bullet either, we are still going to have to make
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difficult choices as we move through FY2015-FY2017, there is
just no way around that looking at the revenue picture, if
you look at just the amount alone, that is going to repay
past obligations, in particular the Virginia Supplemental
Retirement System, and unknown in terms of amount, but
certain to increase some items, like the cost of healthcare,
things that are largely outside the control of the county, we
are going to need revenue in order to maintain quality of
life and to fund those types of items, and so Mr. Chair, I
hope that the Board will agree that we need to retain the
flexibility that we should embark upon the capital program
that we committed to the public when we asked them to vote on
the School bond referendum."
Mr. Gecker then made a motion, seconded by Mr. Holland, for
the Board to approve the advertisement of 2014 calendar year
tax rates to include a real estate tax rate of $0.98, the
proposed budget, the proposed FY2015-FY2019 Capital
Improvement Program and the Community Development Block Grant
Program.
Ms. Jaeckle read the following statement: "First I would like
to thank everyone who has taken an interest in this issue and
given up their time to come and speak, leave phone messages
and emails. The only way that a community is successful is if
the citizens are engaged. I did watch most of the School
Board meeting last night and listened to the commentary. A
lot of times I have heard from speakers who say `you never
comment when people speak.' I think we are very hesitant to
speak because it is your turn to speak, not really to hear
what we have to say. These were a couple of my observations
yesterday and throughout the last couple of months that I
would like to comment on, first I would like to say, years
ago the prevailing thought was the School Board and the Board
of Supervisors were pitted against each other, and I believe
both of these Boards have made a concerted effort to work
with each other, we view each other as a whole, and not
separate entities. We on the Board of Supervisors recognize
how important our schools are to the community as a whole,
and the School Board recognizes that we are tasked with
balancing out all of the needs of the county, especially in
these challenging budget years. No matter how good our
schools are, people will not live here if they do not feel
safe in their home or safe in the community. Both Boards
recognize the importance of each other's roles and we have
worked very well together to balance the budget, and I do not
think it does any good for speakers to drum up an anti -Board
of Supervisors mentality, or an anti -School Board mentality.
I did want everybody to be aware that we are not enemies; we
are Boards that work together. I have a great admiration for
the dedication that our teachers have. I have two daughters
that teach, so I am very aware of how hard teachers work. I
believe as a community we should strive to compensate our
teachers competitively; however, it bothers me when teachers
demand that we raise taxes because of how hard they work. We
have a lot of very hard working people in our community that
have trouble making ends meet and we have many people heading
out right now who will not see their families for days, not
just public safety people, you have linesmen for Dominion VA
Power that will be out for days in the cold restoring power
back to those who have lost their power. What my point is,
when teachers demand that taxes be increased for increased
teacher pay because they work so hard, you are essentially
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asking for other hard-working people to give up some of their
pay. I think there is a better way to go about the
compensation issue. Although the crux of the issue has been
mentioned many times, because we have talked about electives,
there is one particular email that was written to me from a
teacher (she then read an email from a teacher regarding the
impact of budget cuts on student recommendations and
electives). I feel like this is the one opportunity for our
children have to receive an education, and it is not fair to
deprive them of those opportunities. I had four children go
through Chesterfield County schools and I can tell you, the
electives have contributed to them being very well-rounded
adults. Back in the 1970-80s, Chesterfield was at the
forefront in the region, offering languages, AP CLASSES,
music, and art. I think the school system needs to look at
some of the things they are doing, and to see if there is a
more cost effective way. When you look at the number of
specialists and employees that have been added, that are not
classroom teachers, it has skyrocketed over the past decade,
and we cannot continue to add positions other than classroom
teachers and reduce PTR and increase teacher pay. I think
that is something that we really need to look at and
evaluate. Dr. Newsome talked last night about how it is
prophetic that he said in five years we would see the results
of these decreases. I have listened to all these teachers
talk about how difficult it is to teach with the differing of
abilities they have in their classes. I remember when
Chesterfield switched from ability grouping, all the teachers
said this would be very difficult for us to teach,
especially in schools where there is a large disparity of
abilities, it is going to be very difficult for teachers to
teach all range of abilities in the same classroom. We may
decide that is the way we want to do it, but it is expensive.
We have to think about those things, because every expense we
add, every time we choose a philosophy that adds an expense,
it is going to take away from your pupil -teacher ratio and it
is going to take away from your teacher pay. We have to
really look at the big picture when we make these decisions.
I am going to support advertising, I am not necessarily going
to support a tax increase, because I do think we need to have
the discussion. Last year, it was at the very end of the
budget season and we had already advertised the tax rate
before it came to light how many of these electives were
being lost. I am going to support the increase."
Mr. Elswick read the following statement: "When it comes to
schools, I know we all want the same thing, better schools,
competitive salaries and lower pupil -teacher ratio. I agree
with what Ms. Jaeckle and Mr. Gecker said; however, this
proposal as Budget is presenting to us, reduces none of that.
The three cents that we are talking about is two cents go to
build the schools out in seven years, rather than nine years,
and one cent goes towards pay-as-you-go for our school fund.
So, while we all talk about pupil -teacher ratio and we all
talk about salaries and VRS, this addresses none of that. I
want to make sure the public understands the way you are
recommending for us, this money only goes to capital, none
goes to operating. We listened to Matt talk about what is
going on in the nation, what is going on locally and what is
going on in the state. He talked about the labor market,
fewer people are working, more part-time workers, 4.5 million
less jobs, more people in rental properties, potential home
buyers for the housing market is down and the housing market
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is critical to our future, he said retail sales are down, so
in my estimation, if we raise these taxes, they have less
money to spend on retail; you get the money one place and you
are denied it somewhere else. When you look at Chesterfield
and Henrico and Hanover and we joke a lot about the three
counties, we are in competition with them and we are now 10
cents higher than Henrico County, we are assumed to be, if
this passes; now we are 13 cents higher. I can see Henrico
looking at us and saying `go for it Chesterfield because
every time you raise taxes, we can do a better job of luring
people to Henrico County because we have as good of schools
and we have 13 cents on the dollar less real estate taxes
than you do.' I think that it is not a matter of do we need
pupil -teacher ratio and do we need competitive salaries,
absolutely, it is how do you pay for it? I think the way we
pay for it is tightening our belt and looking within our own
budget. I told the citizens 2.5 years ago, when I was running
for office, if they were to let me come and let me represent
them as their Board member, that I would not vote for a real
estate tax increase, so I see no need for me to advertise for
that tax increase, when I am going to honor my commitment to
the citizens who put me in office and I am not going to vote
for a tax increase."
Mr. Warren made the following statement: "I am going to be
very brief. I have heard from many citizens, but one of the
things that I have always taken pride in over the years, is
hearing from as many citizens as possible before I make a
critical decision that is going to impact the future of
citizens in Chesterfield County. We all have to live within
certain budgets as individuals and as families and we have to
live within our means, and I always keep that in mind when
making decisions. The best way to listen to what citizens
have to say is to give them more time. I will support the
advertisement of the three -cent rate that has been motioned
and seconded, for the purpose of listening between now and
the time we approve the budget in April, to as many citizens
as wish to communicate with me and every opportunity to
communicate through town meetings and other means of
communicating with citizens."
Ms. Jaeckle made a request to Mr. Carmody to provide Board
members with a 5 -year forecast on how Board members can meet
priorities without a tax increase.
Mr. Carmody stated the Board will be presented with a longer
running horizon and a sensitivity analysis to show some
ranges on the revenue and expenditure side of the budget.
In response to Ms. Jaeckle's question, Mr. Stegmaier stated
for new employees, the county's short-term disability plan
would pay about 60 percent of salaries replacement. He
further stated there is a mandate, depending on years of
service, which increases that figure up to 100 percent of
salary replacement. He stated staff has worked with VACo to
get a bill introduced this year that would have relieved us
of that mandate, the bill did not move forward.
Ms. Jaeckle expressed concerns relative to state mandates and
their effects on future budgets.
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Mr. Gecker stated the Budget and Audit Committee is still
looking for ways to tighten the belt. He further stated the
advertising of a higher rate provides flexibility and the
committee continues the quest to tighten the belt as much as
possible. He stated if those things the county needs are paid
for, by belt tightening, that will be reflected on the vote
of the tax increase.
Mr. Holland made the following statement: "I continue to look
for ways to cut the budget, this is the first time I have
even considered an advertisement and this advertisement
represents a 3.12 percent increase, which is very modest at
this point. I was contingent to move to cut the rate in 2008
and there was good data to back that up. I am still proud of
what I have done. As indicated, we will continue to look for
cuts, look for efficiencies, how to use things better and
that is why I will call for a continued look for priorities,
as we go forward, every committee in this county, we will
continue to look for ways to be more efficient and more
productive."
Mr. Holland called for a vote on the motion made by Mr.
Gecker, seconded by Mr. Holland, for the Board to approve the
advertisement of 2014 calendar year tax rates to include a
real estate tax rate of $0.98, the proposed budget, the
proposed FY2015-FY2019 Capital Improvement Program and the
Community Development Block Grant Program.
Ayes: Holland, Jaeckle, Warren and Gecker.
Nays: Elswick.
Mr. Carmody stated the Board needs to authorize the
advertisement of a Stormwater Service District rate of
$0.016.
Mr. Gecker reiterated he does not think the rate of $0.016
for the Stormwater Service District will be necessary.
Mr. Gecker then made a motion, seconded by Mr. Holland, for
the Board to approve the advertisement of a proposed
Stormwater Service District with a rate of $0.016 per $100 of
assessed real estate value.
Ayes: Holland, Jaeckle, Warren and Gecker.
Nays: Elswick.
8.B. APPOINTMENTS
On motion of Mr. Gecker, seconded by Mr. Elswick, the Board
suspended its rules to allow simultaneous
nomination/appointment of members to the Committee on the
Future and Riverside Regional Jail Authority Board of
Directors.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.1. COMMITTEE ON THE FUTURE
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
simultaneously nominated/appointed Mr. Chris Winslow,
representing the Clover Hill District, to serve on the
Committee on the Future at the pleasure of the Board.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.B.2. RIVERSIDE REGIONAL JAIL AUTHORITY BOARD OF DIRECTORS
On motion of Mr. Gecker, seconded by Mr. Elswick, the Board
nominated/appointed Sheriff Karl Leonard to serve on the
Riverside Jail Authority Board of Directors, whose term is
effective February 1, 2014, and will continue through his
service as Sheriff.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTION RECOGNIZING MS. CATHARINE L.
NUTTALL, ENVIRONMENTAL ENGINEERING DEPARTMENT, UPON
HER RETIREMENT
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, Mrs. Catharine L. Nuttall will retire on March
1, 2014, after providing 19 years of dedicated and faithful
service to Chesterfield County; and
WHEREAS, Mrs. Nuttall began her service with
Chesterfield County in the Parks and Recreation Department on
February 13, 1995, providing secretarial support to the
department director and his chiefs; and
WHEREAS, during her tenure with the Parks and Recreation
Department, Mrs. Nuttall was an enthusiastic member of the
Health Fair team and a willing volunteer of events such as
the annual Independence Day fireworks display and the
Chesterfield County Fair; and
WHEREAS, Mrs. Nuttall was promoted to legal secretary on
September 20, 1999, for the Commonwealth's Attorney,
preparing weekly dockets for the Juvenile and Domestic
Relations District Court; and
WHEREAS, Mrs. Nuttall transferred to the Department of
Environmental Engineering on July 16, 2005, as administrative
secretary to the director and engineering supervisor; and
WHEREAS, Mrs. Nuttall has served as the Environmental
Engineering representative on the Chesterfield Employees
Association for nine years and for four years as the Parks
and Recreation Department's representative; and
WHEREAS, Mrs. Nuttall was instrumental in the
implementation of the 2010 and 2011 Canine Carnival, working
tirelessly to ensure these events were huge successes for the
county and the CEA; and
WHEREAS, Mrs. Nuttall will be missed by the president
and other members of the CEA for her voluntarism, enthusiasm
and participation on numerous CEA committees and events; and
WHEREAS, as the Environmental Engineering
representative, Mrs. Nuttall was a generous supporter of the
American Heart Association and United Way through
participation on many charitable fundraising teams; and
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WHEREAS, as a result of her diligence in preparing
records for scanning and quality control of document imaging,
Mrs. Nuttall was selected as the Environmental Engineering
Employee of the Quarter for the fourth quarter 2013; and
WHEREAS, Mrs. Nuttall sought to improve herself and
provide service to hearing-impaired citizens by attending
weekly American Sign Language classes at Commonwealth
Catholic Charities and participating in silent dinner events
for the hearing impaired; and
WHEREAS, Mrs. Nuttall served as one of the department's
Disaster Recovery Liaisons, tracking staff resources for cost
recovery throughout the duration of any disaster; and
WHEREAS, Mrs. Nuttall has always performed her duties
and responsibilities in a professional manner, rendering
valuable service to the department director, engineering
supervisor and staff of the Environmental Engineering
Department.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Catharine L. Nuttall and extends
appreciation for 19 years of dedicated service to the county
and congratulations upon her retirement, as well as best
wishes for a long, healthy and happy retirement.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.2. AUTHORIZATION TO ALLOW THE POLICE DEPARTMENT TO ENTER
INTO A LEASE FOR OFFICE SPACE
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
authorized the Police Department to enter into a lease with
Newell Properties, LLC for office space and authorized the
Police Chief to execute the contract.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.3. TRANSFER OF ROAD CASH PROFFER FUNDS AND AUTHORIZATION
TO PROCEED WITH THE BRANDERS BRIDGE ROAD (NORTH OF
OLD HAPPY HILL ROAD)CURVE IMPROVEMENT PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
transferred $150,000 in Shed 18 road cash proffers from the
completed Branders Bridge Road (Old Happy Hill Road) project;
authorized the County Administrator to proceed with the
design and right-of-way acquisition, including advertisement
of an eminent domain public hearing if necessary, and to
accept the conveyance of right-of-way and easements that are
acquired; authorized the County Administrator to enter into
the customary VDOT/county agreements/contracts, permits/
mitigation agreements and surety agreements, acceptable to
the County Attorney; authorized the Chairman of the Board of
Supervisors and County Administrator to execute easement
agreements for relocation of utilities; authorized the
advertisement and award of a construction contract, up to
$100,000, to the lowest responsive and responsible bidder;
and authorized the County Administrator to approve change
orders up to 25 percent of the contract amount for the
project.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.C.4. REQUEST FOR AN ENTERTAINMENT FESTIVAL PERMIT FOR
REITHOFFER SHOWS, INCORPORATED TO CONDUCT A CARNIVAL
AT CHESTERFIELD TOWNE CENTER
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved the request of Reithoffer Shows, Inc., for an
entertainment festival permit to conduct a carnival at
Chesterfield Towne Center on April 10 through April 27, 2014,
subject to the conditions filed with the papers of this
Board.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.5. SET DATES FOR PUBLIC HEARINGS
8.C.5.a. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE
TO USE OF PUBLIC UTILITIES
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
set March 12, 2014, as the date for a public hearing to
consider amendments to the County Code relative to use of
public utilities.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.5.b. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE
RELATIVE TO VARIANCE CRITERIA
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
set March 12, 2014, as the date for a public hearing to
consider an amendment to the County Code relative to variance
criteria.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.6. APPROVAL OF CHANGE ORDER FOR THE ADDISON-EVANS WATER
TREATMENT PLANT REHABILITATION PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Change Order Number Two for the Addison -Evans Water
Treatment Plant Flocculation and Sedimentation Basin
Improvements in the amount of $124,910 and authorized the
County Administrator to execute the necessary documents.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.7. AMENDMENT OF LEASE OF PROPERTY FOR THE CHESTER POLICE
STATION
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved an amendment to the lease with The New Chester
Police Station, LLLP, successor in interest to the Chester
Police Station, L.L.C., for 4000 square feet of office space
at 2920 W. Hundred Road for the Chester Police Station and
authorized the County Administrator to execute the lease
amendment.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.C.8. CONVEYANCE OF AN EASEMENT TO COLUMBIA GAS OF
VIRGINIA, INCORPORATED FOR SERVICE TO MENTAL HEALTH'S
NEW INTERMEDIATE CARE FACILITY
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Columbia
Gas of Virginia, Inc. for a 20' underground easement for
service to Mental Health's new Intermediate Care Facility at
6831 Lucy Corr Boulevard.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.9. ACCEPTANCE OF PARCELS OF LAND
8.C.9.a. ALONG OLD CENTRALIA ROAD FROM NVR, INCORPORATED
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
accepted the conveyance of a parcel of land containing 0.014
acres along Old Centralia Road from NVR, Inc., 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: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.9.b. ALONG OLD CENTRALIA ROAD FROM PROVIDENCE
INVESTMENTS, L.C.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
accepted the conveyance of a parcel of land containing 0.016
acres along Old Centralia Road from Providence Investments,
L.C., 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: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.9.c. ALONG CHARTER COLONY PARKWAY, BRANDERMILL PARKWAY
AND OLD HUNDRED ROAD FROM RIVERSTONE PROPERTIES,
LLC
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
accepted the conveyance of two parcels of land containing a
total of 7.43 acres along Charter Colony Parkway, Brandermill
Parkway and Old Hundred Road from Riverstone Properties, LLC,
and authorized the County Administrator to execute the deed.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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9. REPORTS
9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
9.B. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR A GOVERNMENT OFFICE (PUBLIC SAFETY)
(CASE 14PD0155)
On motion of Mr. Gecker, seconded by Mr. Elswick, the Board
accepted the following reports: a Report on Status of General
Fund Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases; and a Report of
Planning Commission Substantial Accord Determination for a
Government Office (Public Safety) (Case 14PD0155).
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Nancy Wood, Chesterfield County Public Schools teacher,
urged the Board to approve a tax rate increase in order to
fund Chesterfield schools.
Mr. Logan Dickerson, student at Manchester High School, urged
the Board to supply funds for county schools and raises for
county school teachers.
Mr. Makary Zaki, student at Manchester High School, urged the
Board to supply funds for county schools and raises for
county school teachers.
Ms. Amy Harbert, president of Chesterfield County Council of
PTAs, urged the Board to fully fund the School Board's
budget.
Ms. Sonia Smith encouraged the Board to raise the real estate
tax rate for the sake of public education.
Mr. Freddy Boisseau addressed the Board relative to
decreasing mandates.
Ms. Jackie Whitmore expressed concerns relative to a possible
real estate tax rate increase.
Ms. Amanda Moody, Chesterfield County Public Schools teacher,
urged the Board to increase the real estate tax rate to
provide funding for teacher compensation and reduced class
sizes.
Mr. Ralph Carter addressed the Board relative to the
tendencies of local government.
Ms. Kristin Breslin, Chesterfield County Public Schools
teacher, expressed concerns relative to decreased funding for
county schools.
Ms. Cathy Garrison, Chesterfield County Public Schools
teacher, urged the Board to supply funds for county schools
and raises for county school teachers.
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11. DINNER
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
recessed briefly for dinner.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Reconvening:
12. INVOCATION
Mr. Lou Lassiter, Assistant County Administrator, gave the
invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Bill Dupler, Deputy County Administrator, led the Pledge
of Allegiance.
14. RESOLUTIONS
14.B. RECOGNIZING FEBRUARY 2014 AS "CHILDREN'S DENTAL HEALTH
MONTH" IN CHESTERFIELD COUNTY
Due to the inclement weather, the recipients of this
resolution have requested that it be presented at the
February 26, 2014 meeting.
15. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS
NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT
ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC
OPPOSITION WILL BE HEARD AT SECTION 18
14SNO546
In Clover Hill Magisterial District, Harish Shrimanker
requests conditional use to permit motor vehicle repair plus
conditional use planned development to permit travel agency
use and amendment of zoning district map in a Community
Business (C-3) District on 1.1 acres known as 13732 Hull
Street Road. Density will be controlled by zoning conditions
or ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Community Business use. Tax ID
728-673-2455.
Mr. Turner presented a summary of Case 14SNO546 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered condition. He further stated
the applicant has indicated acceptance of the recommendation.
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Mr. Holland called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
approved Case 14SN0546 and accepted the following proffered
condition:
The following restrictions shall apply to motor vehicle
repair:
a. No outside storage shall be permitted. (P)
b. All repair activities and storage of new or
replaced repair materials shall occur inside the
building. (P)
C. The developer shall be responsible for the complete
removal and proper disposal of all components of
the gasoline storage and delivery system prior to
issuance of an occupancy permit. (EE)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14SN0552
In Clover Hill Magisterial District, 360 Toyota LLC and Haley
Auto Group request amendment of conditional use planned
development (Case 98SN0176) to permit motor vehicle sales and
amendment of zoning district map in a Light Industrial (I-1)
District on 14.4 acres fronting 875 feet on the northwest
line of Hull Street Road, 700 feet southwest of Memphis
Boulevard, also fronting 290 feet on the south line of
Memphis Boulevard, 300 feet northwest of Hull Street Road.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Community Business use. Tax ID 736-680-4762.
Mr. Turner presented a summary of Case 14SN0552 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions. He further stated
the applicant has indicated acceptance of the recommendation.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
approved Case 14SN0552 and accepted the following proffered
conditions:
With the approval of this request, the Applicant hereby
amends Proffered Condition 14 of Case 98SN0176. Except as
modified herein, all other conditions of Case 98SN0176 shall
remain in force and effect.
The Applicant amends Proffered Condition #14 to read as
follows:
1. In addition to uses permitted within Tract II -B by Case
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98SN0198, motor vehicle sales, including as accessory to
sales and rental, service and repair excluding body
repair shall be permitted provided that:
a. All such uses shall be setback a minimum of 100
feet from Tax ID 736-679-0579 so long as such
parcel is used for residential purposes;
b. Storage yards for vehicles awaiting repair,
auction, wholesale sales shall be screened from
view of Tax ID 736-679-0579 so long as such parcel
is used for residential purposes, and from external
public roads;
C. All garage type doors shall be oriented away from,
or screened from view of, Tax ID 736-679-0579 so
long as such parcel is used for residential
purposes, and from external public roads;
d. There shall be no elevated display of motor
vehicles; and,
e. Except for minimal repairs necessary to allow a
vehicle to be moved into the service area, all
allowed repair activities and storage of new or
replaced repair materials shall occur inside the
buildings unless screened from view of Tax ID 736-
679-0579 so long as such parcel is used for
residential purposes, and from external public
roads. ( P )
The Applicant hereby offers the following additional
proffered conditions:
2. Prior to any site plan approval or within ninety (90)
days of a request by the Transportation Department, an
access easement, acceptable to the Transportation
Department, shall be recorded from Memphis Boulevard to
the property identified as Tax ID 736-679-0579. (T)
3. The architectural character of buildings occupied by
automobile dealership (motor vehicles sales and service)
shall generally comply with the architectural sketch as
shown on Exhibit A, prepared by Balzer and Associates,
Inc. and dated December 11, 2013. (P)
4. The landscape plan for the subject property shall be
approved by the Planning Commission at the time of site
plan approval. (P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATIVE
TO TEMPORARY FAMILY HEALTH CARE UNITS
Mr. Cash stated this date and time has been advertised for a
public hearing for the Board to consider an amendment to the
County Code relative to temporary family health care units.
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Mr. Holland 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. Elswick, the Board
approved the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 19-65 RELATING TO
TEMPORARY FAMILY HEALTH CARE UNITS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-65 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 19-65. Uses permitted with certain restrictions.
(i) Temporary family health care unit, provided that:
(1) Unit shall be accessory to a single family
dwelling located on a lot;
(2) A planning permit shall be obtained, and
maintained, from the Planning Department for
the unit. In conjunction with the request for
a permit and annually thereafter, the
following shall be submitted: (i)
documentation, as deemed necessary by the
Planning Department, to insure compliance with
this section and state law, (ii) documentation
of the need for care for the mentally or
physically impaired person and if applicable,
the spouse residing in the unit who requires
assistance with one or more daily activities
under state law, (iii) documentation of the
relationship of the mentally or physically
impaired person and the caregiver, and (iv)
permission for a Planning Department
representative to inspect, at reasonably
convenient times, the unit and the single
family dwelling on the lot to determine
compliance with this section. The Planning
Department may revoke the permit for any
violation of this section;
(3) Only one unit shall be permitted per lot;
(4) Unit shall not exceed 300 gross square feet in
area;
(5) Unit shall comply with setback requirements
for primary structures in the district;
(6) Unit shall comply with height limitations for
accessory structures in the district;
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(7) Unit shall primarily be assembled at a
location other than the lot on which it is to
be located;
(8) Unit shall not be placed on a permanent
foundation;
(9) Occupancy of the unit shall be limited to one
mentally or physically impaired person and, in
the case of a married couple, the impaired
person's spouse who requires assistance with
one or more activities of daily living as
defined by state law and certified in writing
by a licensed physician;
(10) The caregiver shall reside in the single
family dwelling located on the lot and shall
be related by blood, marriage, or adoption to
the mentally or physically impaired person
residing in the unit or serve as such person's
legally appointed guardian;
(11) Unit shall be removed within 60 days of the
date on which the unit was last occupied by a
mentally or physically impaired person
receiving services or meeting the
certification requirements; and
(12) Unit shall not be used for, or converted to,
another use.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
17.B. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC
ON NORTH ENON CHURCH ROAD
Mr. Smith stated this date and time has been advertised for a
public hearing for the Board to consider the restriction of
through truck traffic on North Enon Church Road.
Mr. Holland called for public comment.
Mr. Freddy Boisseau urged the Board to approve the request.
There being no one else to address the issue, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
adopted the following resolution requesting the Virginia
Department of Transportation to restrict through truck
traffic on North Enon Church Road from Leslie Lane to
Meadowville Road:
WHEREAS, the Chesterfield County Board of Supervisors
received a request to restrict any through truck or truck and
trailer or semi -trailer combination except pickup or panel
trucks from using North Enon Church Road from Leslie Lane to
Meadowville Road; and
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WHEREAS, the recommended alternate route is North Enon
Church Road (Route 746), Meadowville Technology Parkway
(Route 618), and Meadowville Road (Route 618); and
WHEREAS, Chesterfield County will use its good offices
for enforcement of the proposed restriction; and
WHEREAS, the Board has conducted a public hearing on the
restriction.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors requests the Virginia Department of
Transportation to restrict through truck traffic on North
Enon Church Road from Leslie Lane to Meadowville Road.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
17.C. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR THE
EAST RIVER ROAD WIDENING PROJECT
Mr. Smith 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 right-of-way and
easements for the East River Road Widening Project, including
the filing of certificates of deposit, so that construction
may begin prior to the commencement of eminent domain
proceedings.
Mr. Holland called for public comment.
There being no one to address the issue, the public hearing
was closed.
In response to Mr. Elswick's question, Mr. Mincks stated
funds will be set aside and if owners are located, they will
be adequately compensated.
Mr. Elswick then made a motion, seconded by Mr. Gecker, for
the Board to authorize the exercise of eminent domain for the
acquisition of right-of-way and easements from the following
property owners for the East River Road Widening Project:
1. James Reese, 3508 East River Road, GPIN 7956134823
2. Johnny Bell, Valeria Bell and Sylvia Bell, 3112 East River
Road, GPIN 7966149013
Ayes: Holland, Elswick, Jaeckle, Warren 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.
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20. ADJOURNMENT
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adjourned at 6:40 p.m. until February 26, 2014.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
JamesJAdministmrator
Steger
nty
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