2014-03-12 MinutesBOARD OF SUPERVISORS
MINUTES
March 12, 2014
Supervisors in Attendance: Staff in Attendance:
Mr. James M. Holland, Chairman Mr. Greg Akers, Dir.,
Mr. Stephen A. Elswick, Vice Chrm. Internal Audit
Ms. Dorothy A. Jaeckle Mr. Mike Bacile, Dir.,
Mr. Arthur S. Warren Purchasing
Mr. Daniel A. Gecker Dr. Sheryl Bailey, Dep.
County Administrator,
Mr. James J. L. Stegmaier Management Services
County Administrator Ms. Janice Blakley,
Clerk to the Board
Ms. Marilyn Brown, Dir.,
Juvenile Detention
Ms. Patsy Brown, Dir.,
Accounting
Mr. Kevin Bruny, Chief
Learning Officer
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
Mr. Barry Condrey,
Chief Information Officer
IST
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Will Davis, Dir.,
Economic Development
Ms. Deborah Dugger, Dir.,
CARP
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Mr. Robert Eanes, Asst. to
the County Administrator
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Dr. Parham Jaberi, Dir.,
Health Department
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Ms. Debbie Leidheiser,
Senior Advocate,
Human Services
Mr. Mike Likins, Dir.,
Cooperative Extension
Ms. Mary Martin Selby,
Dir., Human Resource
Services
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Ms. Melanie Meadows,
Drug Court Administrator,
Adult Drug Court
Mr. Jeffrey L. Mincks,
County Attorney
Mr. James Nankervis, Dir.,
Juvenile Probation
Mr. Glen Peterson, Dir.,
Community Correction
Services
Ms. Karen Reilly,
Comp. Services Administrato
Human Services
Ms. Chris Ruth, Int. Dir.,
Public Affairs
Ms. Marsha Sharpe, Dir.,
Social Services
Mr. Scott Smedley, Dir.,
Environmental Engineering
Mr. Jesse Smith, Dir.,
Transportation
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Richard Troshak, Dir.,
Emergency Communications
Mr. Kirk Turner, Dir.,
Planning
Mr. Rick Witt,
Building Official,
Building Inspection
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 FEBRUARY 26, 2014
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
approved the minutes of February 26,2014, as submitted.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier was pleased to introduce Mr. Greg Akers,
the county's new Director of Internal Audit. He stated
Mr. Akers brings to the position 30 years of auditing
and finance experience, including government experience
with Hanover County and the Commonwealth of Virginia. He
further stated Mr. Akers will lead the staff and manage
the daily operations of the Internal Audit department,
which includes performance, financial, compliance, and
special audits for county government and schools.
• Mr. Stegmaier was pleased to announce that today Capital
One held its ribbon cutting ceremony for its new data
center in Meadowville Technology Park. He stated the
$150 million data center will bring 100 well-paying jobs
to the county. He also reported that Evonik Industries,
one of the world's leading specialty chemicals
companies, announced they will invest $15 million to
relocate and expand their Business and Innovation Center
in Chesterfield County's Airport Business Park.
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• Mr. Stegmaier was pleased to announce that the Falling
Creek Dam was selected as the Virginia Lakes and
Watershed Association 2013 Best Maintained Dam Award. He
stated the award ceremony was held in Richmond on
Tuesday, March 11th, during the VLWA annual conference
luncheon. He expressed appreciation to Mr. Dave Sirois,
Mr. Matt Easterbrook and Mr. Jerry Giles for their work
on the annual dam inspections and following up with any
needed work.
• Mr. Stegmaier announced that eleven localities across
Virginia and their law enforcement agencies have been
recognized for their National Night Out events in 2013.
He was happy to report that Chesterfield County finished
sixth among 12 localities recognized across the country
with populations over 300,000. He stated National Night
Out is just one of many ways that the county reaches out
and partners with the community to help maintain
Chesterfield as a safe and secure first choice
community.
Ms. Mary Ann Curtin presented an update to the Board from the
FY2014 General Assembly. She stated the RMA bill, HB597, has
passed and is on the way to the Governor's office for
signature. She noted the only two changes made to the bill
were to the name, which is now the Richmond Metropolitan
Transportation Authority and equalization of the membership.
She stated the county's bill, HB1093, related to the Board's
appointment authority to the Health Center Commission, is
also waiting for the Governor's signature. She further stated
there were various bills dealing with the extension of the
Mandates Taskforce to FY2018. She stated there was a support
position on efforts to improve the state's fiscal impact
statements in order for legislators to receive better
information in a more timely manner on bills that would
impact local governments. She noted that bill has passed. She
stated the General Assembly adjourned without a state budget
and will be returning March 24th for a special session on the
budget. In closing, she noted the veto session is scheduled
for April 23rd
In response to Ms. Jaeckle's question regarding mandates, Ms.
Curtin stated the Mandates Taskforce has a very extensive
list that has been compiled from staff work and what has been
submitted by local governments from across the Commonwealth.
She further stated there are various bills currently on the
table that she would classify as mandates on local
governments that passed this most recent General Assembly.
She noted the Mandates Taskforce has not yet decided what
issues will be tackled in the upcoming year.
Ms. Jaeckle expressed concerns relative to mandates, how they
are implemented and possible ramifications. She stated the
Board needs to be more aggressive relative to mandates and
state issues effecting local governments' budgets.
In response to Mr. warren's question, Ms. Curtin stated some
mandates are more broad and harder to establish a specific
dollar amount. She further stated fiscal impact bills will
allow certain state agencies to help funnel the right bills
for a fiscal impact study.
Ms. Jaeckle expressed concerns relative to Medicaid
expansions and negative effects to the locality.
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3. BOARD MEMBER REPORTS
Ms. Jaeckle announced she attended the Capital One ribbon
cutting ceremony for its new data center in Meadowville
Technology Park. She then announced the Bermuda District will
hold community meetings regarding the county's proposed
FY2015 budget on March 19th at 1:00 p.m. at Bensley Community
Center and on March 20th at 7:00 p.m. at Thomas Dale High
School. She also announced a community meeting will be held
on March 19th regarding widening of Route 10 (Bermuda Triangle
Road to Meadowville Road).
Mr. Gecker announced the Midlothian District will hold a
community meeting regarding the county's proposed FY2015
budget on March 17th at 7:00 p.m. at Midlothian Middle School.
Mr. Elswick announced the Matoaca District will hold
community meetings regarding the county's proposed FY2015
budget on March 19th at 7:00 p.m. at Matoaca High School,
March 20th at 1:00 p.m. at Swift Creek Baptist Church, March
24th at 1:00 p.m. at Mayes-Colbert Ettrick Community Building
and on March 25th at 7:00 p.m. at Manchester High School.
Mr. Warren announced the Clover Hill District will hold a
community meeting regarding the county's proposed FY2015
budget on March 24th at 7:00 p.m. at Monacan High School.
Mr. Holland announced the Dale District will hold a community
meeting regarding the county's proposed FY2015 budget on
March 13th at 7:00 p.m. at Southside Church of the Nazarene,
and a seconded meeting is being scheduled during the day at a
Dale District location to be determined.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
There were no Requests to Postpone Agenda Items and
Additions, Deletions or Changes in the Order of Presentation.
Ms. Jaeckle stated she had requested an item be added to the
agenda; however, it was not supported by the Board. She
stressed the importance of taking a strong stand on mandates
and state issues.
In regards to Ms. Jaeckle's comments, Mr. Holland stated he
does not support the referenced request at this time.
5. RESOLUTIONS
There were no Resolutions at this time.
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6. WORK SESSIONS
6.A. PROPOSED FY2015 BUDGET
6.A.1. HUMAN SERVICES
Ms. Snead provided an overview of the proposed FY2015 budget
for the Human Services Division. She stated the presentation
included highlights from successful initiatives and programs
during the year, the efficiencies achieved and a look into
the challenges of the future. She further stated the Human
Services Division is made up of 15 departments and numerous
other grants and programs that provide access to resources
and opportunities that support and promote resilient
families, financial stability, life-long learning,, healthy
lifestyles and a vibrant environment. She reviewed Human
Services priorities in categories which serve to recruit,
develop and retain a high performing workforce; promote
healthy lifestyles including physical, mental, behavioral
health and financial stability; maximize resources to
collectively provide the best programs and services; and
optimize existing and new facility needs including
technology. She stated the Human Services Division has the
honor of working together with the entire community to try to
ensure healthy lives and are also present during the most
difficult of times; whether job loss, abuse and neglect,
mental illness, drug abuse and so much more the division is
present with evidence-based practices and programs to help
the most vulnerable and at risk live in a safe environment
and achieve their full potential. She reviewed the outlook
for FY2016 and beyond with a continued focus on identifying
program efficiencies, evaluation of Chesterfield Access
model. She stated staff is currently benchmarking with other
localities on group homes and will provide an update to
administration and the Board of Supervisors by September 2014
with an implementation plan for FY2016. She highlighted some
division challenges, which include implementations of
Affordable Care Act on part-time employees; potential impact
of Medicaid expansion; continued staff turnover; and
potential impact of budget reductions. In closing, she
expressed appreciation to the members of the Board for their
support and to the staff of the Human Services Division, the
citizens that serve on numerous boards and commissions and
the Human Services volunteers for their dedication and
commitment.
Mr. Holland recognized members of the Human Services
Division, who were in the audience.
Ms. Jaeckle expressed concerns relative to the lack of
figures in the presentation, increases in the number of
participants in various assistance programs offered, and
Medicaid mandates. She stressed the importance of being
proactive at the General Assembly when programs are expanded
that impact the county's budget.. She also expressed concerns
relative to the turnover occurring within various
departments.
Ms. Snead stated challenges arise when dealing with the
demands of an increased workload.
Ms. Jaeckle recognized Ms. Marsha Sharpe, Director of Social
Services, for her diligent efforts relative to employee
incentives.
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In response to Mr. Elswick's question, Ms. Snead stated it is
still uncertain what extra revenue will be received to deal
with impacts relative to mental health legislation.
Ms. Burcham stated the county has not seen specific problems
relating to needs for hospitalization and beds. She further
stated the county has a great relationship with seven area
local hospitals, and crisis needs have been met.
In response to Mr. Elswick's questions, Ms. Snead stated she
will provide details to the Board regarding the number of
participants and net savings in Juvenile and Adult Drug
Courts, as well as the cost of incarceration versus drug
court attendance. She further stated revenue to expenditure
calibration in both Mental Health and Social Services were
not actually cut in services, but decreased where either
revenue is not coming in or not fully needed or utilized. In
terms of decreased revenues in the Health Department, she
noted it is anticipated that the dental clinic would be
closing.
Mr. Gecker stated it would be very helpful to get a sense of
numbers relative to specific programs and impacts certain
services have on the community if the Board decided to make
reductions in certain departments in order to balance the
budget.
Ms. Snead stated the division will, and has already begun to
analyze areas where reductions with various departments can
be made.
In response to Ms. Jaeckle's question, Ms. Snead stated the
Families First Program is integrated throughout the entire
Human Services Division. She further stated leveraging
Families First funds could help alleviate responsibilities of
the Social Services Department.
Mr. Warren expressed appreciation to Ms. Snead for the
Division's continued efforts. He noted churches and
partnerships are a huge asset to the community and those in
dire need of assistance.
Ms. Snead stated the division could not maintain its services
without the assistance of churches and partnerships
throughout the county.
Mr. Holland expressed his appreciation to Ms. Snead for her
outstanding presentation and continued efforts. He expressed
concerns relative to increases in the number of participants
in various assistance programs offered and Medicaid mandates.
He stated it is important to evaluate the increase in the
population versus the increase for the demand of services. He
stressed the importance of curbing those increases.
Ms. Jaeckle stated there is no doubt that Social Services'
cases meet the criteria for assistance. She further stated
there is a problem with the food stamp and housing voucher
program having aspirations of providing for individuals with
no end goal for those individuals to provide for themselves.
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6.A.2. COMMUNITY DEVELOPMENT
Mr. Dupler presented an overview of Community Development's
FY2015 proposed budget. He began the presentation with a
story about the impact of Community Development illustrated
by projects like Cloverleaf to Stonebridge and Regency Lake
Apartments to Crystal Lake Townhomes. He summarized the role
of the Community Development departments and what they mean
to the community, which includes guiding wise use of land and
resources; ensuring a safe infrastructure; protecting natural
resources; promoting economic development and job creation;
and preserving and revitalizing existing neighborhoods. In
terms of laying the groundwork, he stated high-quality
infrastructure is part of the groundwork that ensures the
continued viability of the community; along with improvements
to water storage capabilities, proactively planning for a
major wastewater expansion. He noted highway improvements
continue to improve infrastructure and promote safety on
increasingly busy county roads and highlighted some road
projects completed in FY2014. In terms of rebounding markets,
he stated a portion of the uptick in the housing market is
directly related to the county's ability to attract new jobs;
while another portion is attributed to the county's quality
of life and the ranking of the school system. He noted
existing industry expansions such as Pro-seal, coupled with
small business initiatives add to the results. He highlighted
some Comprehensive Plan Phase 2 projects currently in
progress and revitalization efforts. In terms of the
challenges ahead, he stated the division is experiencing
increasing workloads and mandates combined with increasing
permit volume, which are taxing on staff and financial
resources. In regards to Community Development fees, he
stated there is no proposed increase in existing Community
Development fee structure; the new state imposed VSMP fee is
projected to be revenue neutral for the county; the proposed
Utilities fees will raise the average residential bi-monthly
utility bill by $5.04 or 8 cents per day; and proposed
connection fees will increase by $305 (water) and $675
(sewer). He indicated that over the past 6 years, the Board's
support has led to record job growth and commercial
developments through a challenging economic period. In
closing, he acknowledged members of the Board for their
support.
Mr. Holland recognized members of the Community Development
Division, who were in the audience. He also recognized Mr.
Robert Eanes for his involvement with the Regency Lake
Apartments/Crystal Lake Townhomes project.
Ms. Jaeckle expressed concerns relative to lack of figures in
the presentation. She commended the intense efforts of staff
and the positive cooperation of property owners relative to
the Regency Lake Apartments to Crystal Lake Townhomes
project. She stressed the importance of figures relative to
certain county projects and why it is important to the safety
and welfare of citizens.
Mr. Elswick stated the theme seems to be to wait until 2016
to determine fee increases or reductions that need to be
made. He further stated he does not support a real estate tax
increase. He stressed the importance of reducing the pupil-
teacher ratio and keeping teacher salaries completive. He
requested a list of reductions in spending for the Board
members to consider with the FY2015 budget.
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Mr. Warren stated there neec
built into the budget pub:
stated the Board needs to
estate tax rates are not
proffers, he stated there
importance of development to
.s to be flexibility for citizens
is hearing process. He further
recognize other options if real
increased. In regards to cash
needs to be education on the
the school system.
In response to Mr. Warren's question regarding stormwater
management of the Chesapeake Bay, Mr. Dupler stated the
county is taking advantage of improvements made since the
effective date of the regulations and requirements. He
further stated the county does not take credit for the
differences made by development policies prior to the
effective date of regulations as these are included in the
pollutant reductions for the entire state.
Mr. Gecker stated the Board needs more information so it can
make important decisions instead of kicking the can down the
road one more time. He stressed the importance of reducing
costs in FY2015 in order to do things in the future and
stated he does not believe there are $9 million worth of cuts
without reducing or eliminating certain county services. He
stated the County Administrator has a duty to bring forth
programs that have the lowest priority and let the Board make
a decision based on that list. He expressed concerns relative
to lack of information needed relative to making cuts in
order to balance the budget without dramatically upsetting
the community.
Mr. Holland stressed the need to limit the cost of local
government in terms of resources and the importance to
monitor Schools where dollars are being spent in appropriate
ways.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
suspended its rules to allow simultaneous
nomination/reappointment of members to the Preservation
Committee and Community Services Board.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.A.1. PRESERVATION COMMITTEE
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
simultaneously nominated/reappointed Ms. Mary Ellen Howe, Mr.
James V. Daniels, Mr. J. Carl Morris, Mr. G. M. `Skip'
Wallace, Mr. Bryan Walker, Mr. John Coghill, III and Mr.
David Dutton, to serve on the Preservation Committee, whose
terms are effective March 12, 2014, and will expire on March
8, 2017.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.A.i.a. COMMUNITY SERVICES BOARD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed Mr. Joseph A. Wharff,
Midlothian District representative, to serve on the Community
Services Board, whose term is effective immediately and will
expire on December 31, 2016.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B. STREETLIGHT COST APPROVAL
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved the following streetlight installation:
Bermuda District
• At the entrance to the Swift Creek Mill Theater (17401
Jefferson Davis Highway)
Cost to install streetlight: $789.52
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.l.a. RECOGNIZING MR. JOHN APPELMAN ON THE OCCASION OF
HIS 100TH BIRTHDAY
On motion of Mr. warren, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, Mr. John Appelman was born on March 4, 1914;
and
WHEREAS, Mr. Appelman is one of seven children born to
German parents who moved to a farm in Chesterfield County in
January 1914; and
WHEREAS, over many years, the family raised grains,
tobacco, vegetables, livestock and chickens on the farm; and
WHEREAS, Mr. Appelman attended Elkhardt School as a
youngster and graduated from Manchester High School; and
WHEREAS, Mr. Appelman joined the U.S. Army and served
during World War II, sustaining injuries for which he was
awarded the Purple Heart; and
WHEREAS, after his return from the war in 1945, Mr.
Appelman returned to the farm, working hard to meet the
demands of farm life; and
WHEREAS, in 1952, an older brother passed away, leaving
John, who never married, with the primary responsibility of
the farm; and
WHEREAS, Mr. Appleman is the owner of that same family
farm, located in the Dale Magisterial District, today; and
WHEREAS, Mr. Appelman has one surviving sister, Ms.
Frances Shine, 94, of Portsmouth, Virginia; and
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WHEREAS, he also has eight nieces and nephews; and
WHEREAS, in his later years, Mr. Appelman gradually
scaled back his farming, but still was known for growing some
of the best vegetables in the county, which he freely shared
with many neighbors and friends; and
WHEREAS, Mr. Appelman has been a proud and loyal member
of several organizations, and has been particularly active
with the Young-At-Heart Seniors at Belmont United Methodist
Church; and
WHEREAS, Mr. Appelman is a venerable and respected
member of the community; and
WHEREAS, he is a patriotic American who faithfully
served his country in time of war; and
WHEREAS, Mr. Appelman's 100th birthday, on March 4,
2014, is an appropriate time to recognize a lifetime marked
by patriotism and an unsurpassed work ethic.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the inspirational
accomplishments and example set by Mr. John Appelman, and on
the occasion of his 100th birthday, extends to him on behalf
of all Chesterfield County residents hearty congratulations
and best wishes.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.2. APPROVAL OF A MEMORANDUM OF UNDERSTANDING FOR RADIO
INTEROPERABILITY BETWEEN CHESTERFIELD COUNTY AND THE
CITY OF PETERSBURG
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
approved the Memorandum of Understanding for radio
interoperability between Chesterfield County and the City of
Petersburg and authorized the Chief of Police to execute the
Memorandum of Understanding on behalf of the county. (It is
noted a copy of the Memorandum of Understanding is filed with
the papers of this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.3. AWARD OF CONSTRUCTION CONTRACT FOR THE MATOACA WATER
TANK AND PUMP STATION PROJECT
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
awarded a construction contract to Landmark Structures in the
amount of $4,920,000 and authorized the County Administrator
to execute the necessary documents, subject to the
availability of funds as described in the Memorandum of
Understanding with Virginia State University.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.C.4. REQUEST FOR PERMISSION FROM THOMAS B. HOEKSTRA AND
GIOVANNA M. HOEKSTRA FOR AN EXISTING AND PROPOSED
t~OA'r DOCK TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR
SWIFT CREEK RESERVOIR
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
granted Thomas B. Hoekstra and Giovanna M. Hoekstra
permission for an existing and proposed boat dock to encroach
in the impoundment easement for Swift Creek Reservoir,
subject to the execution of a license agreement.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.5. APPROVAL OF LICENSE AGREEMENT FOR CHESTER COMMUNITY
ASSOCIATION TO OPERATE COMMUNITY GARDENS AT CHESTER
LIBRARY
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
granted Chester Community Association permission to operate
community gardens at Chester Library, subject to the
execution of a license agreement approved by the County
Attorney.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.6. AUTHORIZE THE RECEIPT AND APPROPRIATION OF VIRGINIA
OFFICE OF EMERGENCY MEDICAL SERVICES VIRGINIA PRE
HOSPITAL INFORMATION BRIDGE SPECIAL INITIATIVE GRANT
FUNDS FOR THE PURCHASE OF TABLET COMPUTERS
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
authorized the Fire and EMS Department to receive and
appropriate $73,659.24 in grant funds from the Virginia
Office of Emergency Medical Services, Virginia Pre Hospital
Information Bridge (VPHIB) Special Initiative Grant for the
purchase of 25 rugged tablet computers.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.7. STATE ROAD ACCEPTANCES
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
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pursuant to Section 33.1-229,
Department's Subdivision Street
Code of Virginia, and the
Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees a
clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Magnolia Green Section H-2
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: X33.1-229
Street Name and/or Route Number
• Wild Senna Court, State Route Number 7749
From: 0.01 miles east of Wild Senna Trail, (Route 7746)
To: Cul de sac, a distance of: 0.02 miles.
Recordation Reference: Platbook 218, Page 21
Right of Way width (feet) = 40
• Wild Senna Place, State Route Number 7748
From: 0.01 miles east of Wild Senna Trail, (Route 7746)
To: Cul de Sac, a distance of: 0.03 miles.
Recordation Reference: Platbook 218, Page 21
Right of way width (feet) = 40
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees a
clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Crimson Crest Section 1
Type Change to the Secondary System miles of State Hip
Aaaition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: X33.1-229
Street Name and/or Route Number
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• Ladderback Court, State Route Number 7671
From: Crimson Crest Lane (Route 7667)
To: East to the cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Plat Book 176, Page 62
Right of Way width (feet) = 44
• Crimson Crest Lane, State Route Number 7667
From: Wryneck Court (Route 7672)
To: Ivory Bill Lane (Route 7668), a distance of: 0.20
miles.
Recordation Reference: Plat Book 176, Page 62
Right of Way width (feet) = 50
• Crimson Crest Lane, State Route Number 7667
From: Ivory Bill Lane (Route 7668)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Plat Book 176, Page 62
Right of Way width (feet) = 50
• Ivory Bill Court, State Route Number 7669
From: Ivory Bill Lane (Route 7668)
To: End of Section/Temp. Turnaround, a distance of: 0.01
miles.
Recordation Reference: Plat Book 176, Page 62
Right of Way width (feet) = 44
• Ivory Bill Lane, State Route Number 7668
From: Ivory Bill Court (Route 7669)
To: End of section/temporary turnaround, a distance of:
0.01 miles.
Recordation Reference: Plat Book 176, Page 62
Right of Way width (feet) = 50
• Nuttall Court, State Route Number 7670
From: Ivory Bill Lane (Route 7668)
To: The Cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Plat Book 176, Page 62
Right of way width (feet) = 44
• Wryneck Court, State Route Number 7672
From: Crimson Crest Lane (Route 7667)
To: west to the cul-de-sac, a distance of: 0.11 miles.
Recordation Reference: Plat Book 176, Page 62
Right of Way width (feet) = 44
• Crimson Crest Lane, State Route Number 7667
From: Woodpecker Road (Route 626)
To: 0.04 miles north of Woodpecker Road (Route 626), a
distance of: 0.04 miles.
Recordation Reference: Plat Book 176, Page 62
Right of Way width (feet) = Var.
• Ivory Bill Lane, State Route Number 7668
From: Crimson Crest Lane (Route 7667)
To: Nuttall Court (Route 7670), a distance of: 0.08 miles.
Recordation Reference: Plat Book 176, Page 62
Right of Way width (feet) = 50
• Ivory Bill Lane, State Route Number 7668
From: Nuttall Court (Route 7670)
To: Ivory Bill Court (Route 7669), a distance of: 0.11
miles.
Recordation Reference: Plat Book 176, Page 62
Right of Way width (feet) = 50
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• Crimson Crest Lane, State Route Number 7667
From: 0.04 miles north of Woodpecker Road (Route 626)
To: Wryneck Court (Route 7672), a distance of: 0.04 miles.
Recordation Reference: Plat Book 176, Page 62
Right of Way width (feet) = Varies
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees a
clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Magnolia Green Section H-1
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: X33.1-229
Street Name and/or Route Number
• Honeybush Lane, State Route Number 7750
From: Wild Senna Trail, (Route 7746)
To: Cul de Sac, a distance of: 0.03 miles.
Recordation Reference: Platbook 211, Page 41
Right of Way width (feet) = 45
• Wild Senna Trail, State Route Number 7746
From: Crackerberry Drive, (Route 7747)
To: Wild Senna Place, (Route 7748), a distance of: 0.05
miles.
Recordation Reference: Platbook 211, Page 41
Right of Way width (feet) = 45
• Wild Senna Terrace, State Route Number 7751
From: Meadow Sage Drive, (Route 7745)
To: Cul de Sac, a distance of: 0.12 miles.
Recordation Reference: Platbook 211, Page 41
Right of Way width (feet) = 45
• Crackerberry Drive, State Route Number 7747
From: Wild Senna Trail, (Route 7746)
To: Honeybush Lane, (Route7750), a distance of: 0.16 miles.
Recordation Reference: Platbook 211, Page 41
Right of Way width (feet) = 50
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• Honeybush Lane, State Route Number 7750
From: Crackerberry Drive, (Route 7747)
To: Wild Senna Trail, (Route 7746), a distance of: 0.05
miles.
Recordation Reference: Platbook 211, Page 41
Right of Way width (feet) = 45
• Wild Senna Court, State Route Number 7749
From: Wild Senna Trail, Route 7746)
To: End of Maintenance, a distance of: 0.01 miles.
Recordation Reference: Platbook 211, Page 41
Right of Way width (feet) = 40
• Wild Senna Trail, State Route Number 7746
From: Wild Senna Place, (Route 7748)
To: Wild Senna Court, (Route 7749), a distance of: 0.06
miles.
Recordation Reference: Platbook 211, Page 41
Right of Way width (feet) = 45
• Meadow Sage Drive, State Route Number 7745
From: Championship Crossing, (Route 7540)
To: Wild Senna Trail, (Route 7746), a distance of: 0.08
miles.
Recordation Reference: Platbook 211, Page 41
Right of Way width (feet) = 55
• Wild Senna Trail, State Route Number 7746
From: Meadow Sage Drive, (Route 7745)
To: Crackerberry Drive, (Route 7747), a distance of: 0.08
miles.
Recordation Reference: Platbook 211, Page 41
Right of Way width (feet) = 50
• Wild Senna Trail, State Route Number 7746
From: Wild Senna Court, (Route 7749)
To: Honeybush Lane, (Route 7750), a distance of: 0.05 miles.
Recordation Reference: Platbook 211, Page 41
Right of Way width (feet) = 45
• Crackerberry Drive, State Route Number 7747
From: Honeybush Lane, (Route7750)
To: End of Maintenance, a distance of: 0.02 miles.
Recordation Reference: Platbook 211, Page 41
Right of Way width (feet) = 50
• Wild Senna Place, State Route Number 7748
From: Wild Senna Trail, (Route 7746)
To: End of Maintenence, a distance of: 0.01 miles.
Recordation Reference: Platbook 211, Page 41
Right of Way width (feet) = 40
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this. Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
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NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees a
clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Branch's Bluff Section 2
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Proctors Run Drive, State Route Number 7555
From: Proposed Route 7558, Proctors Bluff Lane
To: .O1 miles east of proposed Route 7558, a distance of:
0.01 miles.
Recordation Reference: Platbook 215, Page 74
Right of Way width (feet) = 50
• Proctors Run Drive, State Route Number 7555
From: From existing Route 7555, Proctors Run Drive
To: Proposed Route 7558, west of Proctors Bluff Lane, a
distance of: 0.09 miles.
Recordation Reference: Platbook 215, Page 74
Right of Way width (feet) = 50
• Proctors Bluff Lane, State Route Number 7558
From: Existing Route 7558, Proctors Bluff Lane
To: Proposed Proctors Run Drive, Route 7555, a distance of:
0.02 miles.
Recordation Reference: Plat book 215, Page 74
Right of Way width (feet) = 50
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.8. REQUEST FOR AN ENTERTAINMENT FESTIVAL PERMIT FOR
REITHOFFER SHOWS, INCORPORATED TO CONDUCT A CARNIVAL
AT THE JEFFERSON DAVIS FLEA MARKET
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
approved the request of Reithoffer Shows, Inc., for an
entertainment festival permit to conduct a carnival at the
Jefferson Davis Flea Market on May 1 through May 11, 2014,
subject to the conditions filed with the papers of this
Board.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.C.9. AWARD OF CONSTRUCTION CONTRACT FOR THE ROUTE 360
(WINTERPOCK ROAD TO WOODLAKE VILLAGE PARKWAY)
WIDENING PROJECT
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
authorized the award of a construction contract for the Route
360 (Winterpock Road to Woodlake Village Parkway) Widening
Project.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
The following item was removed from the Consent Agenda for Board
discussion:
8.C.l.b. RECOGNIZING AUXILIARY LIEUTENANT GEORGE M. LAFFOON,
POLICE DEPARTMENT, UPON HIS RETIREMENT
Ms. Jaeckle commended Auxiliary Lieutenant Laffoon for his
outstanding volunteer service to the county.
Mr. Elswick noted Lieutenant Laffoon's dedication and hours
accumulated over the years.
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Auxiliary Lieutenant George Mike Laffoon
retired from the Chesterfield County Police Department
Auxiliary on March 28, 2014, after providing more than 24
years of quality volunteer service to the citizens of
Chesterfield County; and
WHEREAS, Auxiliary Lieutenant Laffoon has faithfully
served the Police Department in the capacity of Auxiliary
Training Sergeant, Assistant Squad Leader, Squad Leader,
Training Lieutenant, and Unit Commander; and
WHEREAS, Auxiliary Lieutenant Laffoon was selected as
Special Police Officer of the Year for 1991 and Auxiliary
Officer of the Year for 2007; and
WHEREAS, Auxiliary Lieutenant Laffoon was instrumental
in the restructuring of the Auxiliary Police Unit into the
Department Platoon system; and
WHEREAS, Auxiliary Lieutenant Laffoon developed and
instituted a mentoring program within the Auxiliary Unit; and
WHEREAS, Auxiliary Lieutenant Laffoon was awarded the
Life Saving Award for assisting in restraining a subject
while fellow officers removed a loaded weapon from the
subject's hand, in a residence filled with propane gas; and
WHEREAS, Auxiliary Lieutenant Laffoon has provided more
than 18,000 volunteer hours during his tenure; and
WHEREAS, Auxiliary Lieutenant Laffoon's leadership has
been instrumental for viable training for the Auxiliary
Police Unit, to include large scale crowd control and mass
arrest exercises with the Special Response Unit; and
WHERAS, Chesterfield County and the Board of Supervisors
will miss Auxiliary Lieutenant George M. Laffoon's diligent
service.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
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County Board of Supervisors recognizes Auxiliary Lieutenant
George M. Laffoon, 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: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Mr. Holland recognized and commended Mr. John Appelman for a
lifetime marked by patriotism and an unsurpassed work ethic.
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
9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Mr. Gecker, seconded by Ms. Jaeckle, 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.
And, further, the following roads were accepted into the
State Secondary System:
D T1T1 T'T T (1RT
Watermark Section B-1
(Effective 11/27/2013)
Faulkner Drive (Route 7625) - From Iron Bridge
Road (Route 10) to 0.05 miles west
Faulkner Drive (Route 7625) - From Rivendell
Terrace (Route 7626) to 0.02 miles west
to Temporary End
Faulkner Drive (Route 7625) - From 0.05 miles
west Iron Bridge Road (Route 10) to Rivendell
Terrace (Route 7626)
Rivendell Terrace (Route 7626) - From Faulkner
Drive (Route 7625) to 0.06 miles south to
Cul-de-sac
Watermark Section B-2
(Effective 11/27/2013)
Faulkner Drive (Route 7625) - From 0.10 miles
West of Iron Bridge Road (Route 10) to Larson
Mews (Route 7627)
LENGTH
0.05 miles
0.02 miles
0.03 miles
0.06 miles
0.03 miles
Faulkner Drive (Route 7625) - From Larsen Mews
(Route 7627) to 0.03 miles west to Temporary End 0.03 miles
Larsen Mews (Route 7627) - From Faulkner Drive
(Route 7625) to 0.06 miles south to Cul-de-sac 0.06 miles
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. William Desmond addressed the Board relative to county
resources and services for disabled citizens and youths.
Mr. Akash Raj e, student at Midlothian High School, urged the
Board to fully fund Chesterfield County Public Schools.
11. DINNER
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
recessed to Room 502 for dinner.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Reconvening:
12. INVOCATION
Deputy County Administrator Sarah Snead gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Anthony Walters led the Pledge of Allegiance.
14. RESOLUTIONS
14.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
Ms. Ruth introduced Mr. Anthony Joshua Walters who was
present to receive his resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least 21 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. Anthony Joshua
Walters and Mr. Matthew Steven Winders, both of Troop 2806,
sponsored by Woodlake United Methodist Church; and Mr.
Franklin Tyler Davidson, Troop 184, sponsored by Wesley
United Methodist Church, have accomplished those high
standards of commitment and have reached the long-sought goal
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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, Anthony and Matthew 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 12th day of March, publicly
recognizes Mr. Anthony Joshua Walters and Mr. Matthew Steven
Winders, 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: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Mr. Elswick presented the executed resolution and patch to
Mr. Walters, accompanied by his mother, congratulated him on
his outstanding achievement, and wished him well in future
endeavors.
Mr. Walters provided details of his Eagle Scout project and
expressed appreciation to his mother and others for their
support.
(It is noted that Mr. Winders was unable to attend the
meeting, and his resolution and patch will be forwarded to
him.)
Mr. Elswick and Mr. Warren also recognized members of Troop
2868, sponsored by Clover Hill Baptist Church, who were in
the audience working on their Citizenship in the Community
badge.
14.B. RECOGNIZING MS. DIANNE CARDEA AND MS. MONICA
FITZGERALD FOR THEIR OUTSTANDING VOLUNTEER SERVICE TO
THE BRANDERMILL COMMUNITY AND CHESTERFIELD COUNTY
Ms. Ruth introduced Ms. Dianne Cardea and Ms. Monica
Fitzgerald, who were present to receive the resolution.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Brandermill Education Ambassadors was
founded three years ago by Mrs. Dianne Cardea to provide
support to Chesterfield County Public Schools; and
WHEREAS, Mrs. Cardea has been instrumental in
encouraging Brandermill residents to volunteer with the group
to provide support at neighborhood schools; and
WHEREAS, under the stellar leadership of Mrs. Monika
Fitzgerald, the group, which was renamed the
Branderbassadors, has provided mentoring, tutoring, teacher
assistance, program support and a myriad of other services to
Chesterfield County Public Schools at no cost to the county;
and
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WHEREAS, the program has successfully united members of
the Brandermill community with the schools in a manner that
benefits all involved, especially our students; and
WHEREAS, the teachers and administrators have gratefully
accepted the support of Mrs. Cardea, Mrs. Fitzgerald and all
of the Branderbassadors, and are very appreciative of the
difference they have made in the neighborhood schools; and
WHEREAS, this successful program can serve as a model
for use in other county schools.
NOW THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 12th day of March 2014, on
behalf of all Chesterfield County residents, expresses
appreciation for the outstanding volunteerism of Mrs. Dianne
Cardea, Mrs. Monika Fitzgerald and all of the
Branderbassadors, and extends best wishes for continued
success in the community.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mrs. Cardea and Mrs. Fitzgerald,
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. Warren.and Mr. Holland presented the executed resolutions
to Mrs. Cardea and Mrs. Fitzgerald and expressed appreciation
for their outstanding volunteerism.
Mrs. Cardea, Mrs. Fitzgerald and members of the
Branderbassadors expressed appreciation to the Board for the
special recognition.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Jennifer Laruffa urged the Board to fully fund the
homebound school program.
Mr. Ralph Carter addressed the Board relative to fiscal
responsibility, budgetary restraints and government
transparency.
Ms. Debbie Smith urged the Board to fully fund Chesterfield
County Public Schools.
Ms. Tracey Spain-Estes urged the Board to fully fund
Chesterfield County Public Schools.
Ms. Sarah Gilliam urged the Board to fully fund Chesterfield
County Public Schools.
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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
~~~uni~~
In Clover Hill Magisterial District, Viridis Development
Corporation requests amendment of zoning (Case 06SN0127) to
eliminate cash proffers and increase density and amendment of
zoning district map in a Residential (R-12) District on 22.6
acres lying at the northern terminus of Vickilee Road, the
western terminus of Marblethorpe Road, the eastern terminus
of North Vickilee Road and Vickilee Court. Residential use of
up to 3.63 units per acre is permitted in the Residential (R-
12) District. The Comprehensive Plan suggests the property is
appropriate for Residential use of 2.5 dwellings per acre or
less. Tax IDs 746-699-8830; and 747-699-0744, 1248, 1750,
2453, 3040 and 4454.
Mr. Turner stated the applicant is requesting a 120-day
deferral to the July 23, 2014 meeting.
Mr. Brennen Keene, representing the applicant, accepted the
deferral.
Mr. Holland called for public comment.
Mr. Freddy Boisseau voiced his agreement with the deferral
request.
No one else came forward to speak to the deferral.
Mr. Warren made a motion, seconded by Mr. Gecker, for the
Board to defer Case 13SN0125 until July 23, 2014.
Ms. Jaeckle inquired about schools near the development.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14SN0517
In Clover Hill Magisterial District, Joni Roberts requests
conditional use to permit a family day-care home and
amendment of zoning district map in a Residential (R-7)
District on .2 acre known as 13304 Farm Crest Court. Density
will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential I use (maximum of 2.0
dwellings per acre). Tax ID 731-678-9030.
Mr. Turner stated Mr. Warren is requesting a 30-day deferral
to the April 23, 2014 meeting.
The applicant was not present.
Mr. Holland called for public comment.
No one came forward to speak to the deferral.
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Mr. Warren stated the applicant submitted revised proffers,
and additional time is needed to review them.
Mr. Warren then made a motion, seconded by Ms. Jaeckle, for
the Board to defer Case 14SN0517 until April 23, 2014.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14SN0554
In Bermuda Magisterial District, Greg W. Meredith requests
conditional use to permit a business (commercial kennel)
incidental to a dwelling and amendment of zoning district map
in an Agricultural (A) District on 24.6 acres known as 2100
Coxendale Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Residential use
(2.51-4 units/acre). Tax ID 799-661-7476.
Mr. Turner stated Ms. Jaeckle is requesting a 30-day deferral
to the April 23, 2014 meeting.
The applicant was not present.
Mr. Holland called for public comment.
No one came forward to speak to the deferral.
Ms. Jaeckle made a motion, seconded by Mr. Warren, for the
Board to defer Case 14SN0554 until April 23, 2014.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
i~cunS~~
In Midlothian Magisterial District, Katherine D. Knabe
requests rezoning from Agricultural (A) to Community Business
(C-3) with conditional use planned development to permit
exceptions to Ordinance requirements and amendment of zoning
district map on 2.9 acres located in the northwest corner of
Midlothian Turnpike and Winterfield Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Village Fringe Area and Village Area uses. Tax ID 725-709-
7211.
Mr. Turner presented a summary of Case 13SN0537 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Gary Gallagher accepted 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. Gecker, seconded by Mr. Elswick, the Board
approved Case 13SN0537 and accepted the following proffered
conditions:
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03/12/14
1. Master Plan: The Textual Statement last revised February
4, 2014 shall be considered the Master Plan. (P)
2. Timbering Restriction: Timber management, for the
purpose of enhancing the health and viability of the
forest, shall occur under the supervision of a qualified
forester, and will only be allowed upon the submission
and approval of the appropriate forest management plan
to include, but not limited to, erosion control,
Chesapeake Bay Act/wetland restrictions, and the
issuance of a land disturbance permit by the
Environmental Engineering Department. Any other
timbering shall be incorporated into the site
development erosion and sediment control plan/narrative
as the initial phase of infrastructure construction and
will not commence until the issuance of the actual site
development land disturbance permit. (EE)
3. Burning Ban: The developer shall not use burning to
clear or timber the subject property. (EE)
4. Uses: Except for the uses listed below, which shall be
prohibited, permitted uses shall be use permitted by
right, or with restrictions, in the Community Business
(C-3) District:
a. Alternative Financial Institutions
b. Cocktail Lounges or Nightclubs
c. Coin Laundry
d. Commercial Kennels
e. Communication towers
f. Fraternal Uses
g. Feed, seed and ice sales
h. Funeral Home or Mortuary
i. Gasoline Sales
j. Halfway Houses
k. Home Centers
1. Hospitals
m. Hotels
n. Indoor or Outdoor Flea Markets
o. Material reclamation and recycling centers
p. Motor Vehicle Sales, Service, Repair and Rental,
including Motor Vehicle Consignment lots
q. Motor Vehicle Wash
r. Outside Public Address systems
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s. Park and ride lots
t. Tattoo Parlors
u. Taxidermies
v. Theaters, including drive-in
w. Veterinary Hospital with outside runs (P)
5. Hours of Operation. Hours of operation shall be limited
to between the hours of 5:00 a.m. and midnight. (P)
6. Dedication. Prior to any site plan approval, or within
ninety (90) days of a written request by the
Transportation Department, whichever occurs first,
thirty-five (35) feet of right-of-way, measured from the
centerline of Winterfield Road shall be dedicated, free
and unrestricted, to and for the benefit of Chesterfield
County. (T)
7. Access.
a. Direct vehicular access from the property to
Midlothian Turnpike (Route 60) shall be limited to
one (1) entrance/exit, generally located towards
the western property line, and shall be limited to
right-turns-in and right-turns-out only. The exact
location of this access shall be approved by the
Transportation Department.
b. Direct vehicular access from the property to
Winterfield Road shall be limited to one (1)
entrance/exit, generally located towards the
northern property line, and shall be limited to
right-turns-in and right-turns-out only. The exact
location of this access shall be approved by the
Transportation Department.
c. Prior to final site plan approval, an access
easement, acceptable to the Transportation
Department, shall be recorded from the Route 60
and/or Winterfield Road to the adjacent properties.
(T)
8. Road Improvements. Prior to issuance of an occupancy
permit on the property, the developer shall be
responsible for the following road improvements. If any
road improvement described herein is provided by others
at the time of site plan approval, then such road
improvement(s) shall be deemed satisfied. The exact
design and length of the improvements shall be approved
by the Transportation Department:
a. Construction of an additional lane of pavement
along the westbound lanes of Route 60 for the
entire length of the property frontage;
b. Construction of additional pavement along the
westbound lanes of Route 60 and along the
southbound lanes of Winterfield Road at the
approved accesses to provide separate right turn
lanes;
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c. Extension of the Winterfield Road southbound right
turn lane at the Route 60/Winterfield Road/Le
Gordon Drive intersection to provide an adequate
right turn lane;
d. Construction of a raised median within Winterfield
Road from the Route 60/Winterfield Road/Le Gordon
Drive intersection to the Winterfield Road
roundabout to preclude left turns at the property
access;
e. Construction of a sidewalk along the property's
frontage to Route 60 and Winterfield Road;
f Full cost of traffic signal modifications at the
Route 60/Winterfield Road/Le Gordon Drive
intersection, as determined by the Transportation
Department; and,
g. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
9. Architectural treatment: Unless
by the Planning Commission durin
architectural treatment of th
compatible and consistent wit
Design Guidelines For Winterfie
Development, as approved with C
January 15, 2004. The following
a. Buildings shall incorpor
architecture such that
(whether front, sid
inferior materials
appearance or detail
same building.
e or
or b
to a
deviations are approved
g site plan review, the
e buildings shall be
h Exhibit B, entitled
ld Village A Mixed Use
ase 03SN0316, and dated
shall also be required:
ate equal
no building
rear) shall
e inferior i
nv other exter
four sided
exterior
consist of
n quality,
for of the
b. Vertical architectural facade features shall be
continued a minimum of ten (10) feet in depth from
the building facade.
c. Each entrance shall be accentuated with
architectural features to include, but not limited
to, structured overhangs and/or awnings.
d. All building mounted lighting shall be compatible
with the overall architectural style.
e. The color palette shall be limited to neutral and
earth-toned colors, unless otherwise approved by
the Planning Department at the time of plans
review.
f. Drive-in windows shall be screened to reduce
visibility of the drive-in windows from public
streets. This screening shall be accomplished by
building design, the use of durable architectural
walls or fences constructed of materials and with a
design comparable to the principle building, and
berms or other land forms. Such screening shall be
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approved by the Planning Department in conjunction
with plan approval.
g. Building facades shall be designed such as to
create the appearance of multiple, traditional
storefronts. Facades facing Winterfield Road and
Midlothian Turnpike shall incorporate storefront
windows, and other architectural treatments, and
landscaping in order to provide relief to such
facades. (P)
~.
10. Site Layout: The site shall be designed as generally
depicted on Exhibit A, as prepared by Architects Dayton
and Thompson, and dated November 8, 2013, however, the
exact location of the buildings and parking may be
modified, as approved by the Planning Department,
provided the general intent of the plan is maintained
with respect to buildings "fronting" Midlothian Turnpike
and Winterfield Road, with no parking or driveways
between the buildings and the roads. (P)
11. Internal Sidewalks: The project shall incorporate an
internal system of five (5) feet wide sidewalks, which
shall provide internal pedestrian access between uses,
and shall connect to the sidewalks along Winterfield
Road and Midlothian Turnpike, as well as to the adjacent
properties to the north and west. These pedestrian
areas/walks shall:
a. Be constructed of stamped concrete or other
decorative paving units.
b. Include pedestrian style lights, and
c. Incorporate benches, landscaped areas, plazas, and
other pedestrian elements.
The exact design shall be approved by the Planning
Department at the time of site plan review. (P)
~.
12. External Lighting: Lighting along the perimeter of the
development adjacent to Winterfield Road and Midlothian
Turnpike shall be of a pedestrian scale. Light fixtures
shall be installed with a design consistent with the
Midlothian Village Guidelines and spaced as may be
approved by the Planning Department at time of site plan
review. The project shall also have an internal system.
of outdoor lighting consistent with the pedestrian scale
of the development, as approved by the Planning
Department at time of site plan review. (P)
13. Parking Lot Lighting: Parking lot lighting shall be
shall be limited to a maximum of 20 feet in height. All
light poles and fixtures shall be ornamental and shall
be approved by the Planning Department at the time of
site plan review. (P)
14. Dumpster Service: Dumpster service shall not be allowed
between 7:00 p.m. and 7:00 a.m. (P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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03/12/14
14SN0558
In Midlothian Magisterial District, The Shopper at Belvedere,
LLC request conditional use to permit recreational
establishments (commercial-indoor) plus conditional use
planned development to permit use exceptions and amendment of
zoning district map in a Neighborhood Business (C-2) District
on 3.3 acres fronting 290 feet on the north line of Robious
Road, 530 feet east of West Huguenot Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
High Density Residential use (minimum 8.0 to 12.0 dwellings
per acre). Tax ID 741-714-3585.
Mr. Turner presented a summary of Case 14SN0558 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. William Homiller accepted 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. Gecker, seconded by Mr. Warren, the Board
approved Case 14SN0558 and accepted the following proffered
conditions:
The Owner, pursuant to Section 15.2-2298 of the Code of
Virginia (1950, as amended) and the Zoning Ordinance of
Chesterfield County, for itself and its successors or
assigns, proffers the following condition for the property
designated as Chesterfield County Tax ID 741-714-3585,
containing a total of 3.3 acres (the "Property"), in
connection with the approval of a Conditional Use Permit and
Conditional Use Planned Development for the Property pursuant
to Case 14SN0558.
In addition to the uses permitted on the Property in
accordance with Case 02SN0214 and subsequent approvals from
Chesterfield County, the following uses shall be permitted on
the Property:
a.
b.
c.
d.
e.
i.
Liquor stores.
Repair services, excluding motor vehicle repair.
Schools - commercial, trade, vocational and
training.
Secondhand and consignment stores, excluding motor
vehicle consignment lots.
Recreational establishments, commercial indoor,
provided that:
This use shall not exceed 8,000 gross square feet
on the request Property. (P)
(Staff Notes: 1. Uses outlined in subsections a.
through d. are uses are
permitted through a conditional
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use planned development. As
such, these uses shall not
occupy more than thirty (30)
percent of the gross acreage of
the total project.
2. Recreational establishments,
commercial indoor uses are
permitted through a conditional
use.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14SN0547
(AMENDED) In Midlothian Magisterial District, B B Hunt LLC
requests amendment of conditional use planned development
(Case 94SN0138) relative to outdoor uses, setbacks, hours of
operation, density and building sizes and amendment of zoning
district map in a Residential (R-9) District on 5 acres
located in the southeast quadrant of North Woolridge Road and
Charter Colony Parkway. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Medium-High Density
Residential use (minimum 4.0 to 8.0 dwellings per acre). Tax
ID 726-703-6454.
Mr. Ryan Ramsey presented a summary of Case 14SN0547 and
stated both the Planning Commission and staff recommended
approval and acceptance of the proffered conditions. He
further stated the proposed land uses, development standards
and bulk requirement expectations are compatible with
existing and anticipated area development. He stated
proffered conditions in tandem with ordinance requirements
establish an effective land use transition between the
planned project and adjacent residential community through
the use of buffers and privacy fencing.
Ms. Carrie Coyner accepted the recommendation. She stated the
applicant has worked with the Village of Midlothian Volunteer
Coalition and retained a reputable architect to design the
proposed child care center building.
Mr. Holland called for public comment.
Mr. David Kerensky, representing Bristol Village at Charter
Colony Unit Owners Association, supported the recommendation.
He expressed concerns relative to extended hours of operation
for uses including a 24-hour ATM with a pedestrian connection
to Bristol Village. He urged the Board to retain closing
hours to 9:00 p.m.
There being no one else to speak to the issue, the public
hearing was closed.
Ms. Coyner stated the applicant has been limited to a 24-hour
ATM co-located with a bank, which will be ideal for the site.
She further stated the hours of operation are appropriate
based on what area businesses and restaurants are expecting.
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03/12/14
Mr. Brad Badgerow, Captain of the Police Department, stated
in the last 5 years there have been four robberies reported
at ATM machines, none of them have been in the north region
of Chesterfield County.
Mr. Gecker stated given the buffers provided in the case, the
proposed land uses have no adverse effect on the surrounding
neighborhood. He further stated the proposed uses could
ultimately enhance property values.
Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for
the Board to approve Case 14SN0547 and accept the following
proffered conditions:
The 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 known as
Chesterfield County Tax Identification Number 726-703-6454
("the Property") under consideration will be developed
according to the following amended proffers if, and only if,
the request submitted herewith is granted with only those
conditions agreed to by the Applicant. In the event this
request is denied or approved with conditions not agreed to
by the owner and Applicant, the proffers shall immediately be
null and void and of no further force or effect.
The Textual Statement, last revised June 28, 1994 and
approved with Case 94SN0138, shall be amended as outlined
below. All other conditions of the Textual Statement, last
revised June 28, 1994 shall remain in force and effect:
1. Master Plan. The Textual Statement dated February 6,
2014 shall be considered the Master Plan. (P)
2. Street Lighting. The developer shall be responsible for
installing Street lights along Woolridge Road and
Charter Colony Parkway that are compatible with the
goose neck lighting provided throughout Charter Colony.
This lighting shall not be placed in front of the
Subdivision signage located on the corner of Woolridge
Road and Charter Colony Parkway. (P)
3. Timber Management. Timber management, for the purpose
of enhancing the health and viability of the forest,
shall occur under the supervision of a qualified
forester, and will only be allowed upon the submission
and approval of the appropriate forest management plan
to include, but not limited to, erosion control,
Chesapeake Bay Act/wetland restrictions, and the
issuance of a land disturbance permit by the
Environmental Engineering Department. Any other
timbering shall be incorporated into the site
development erosion and sediment control plan/narrative
as the initial phase of infrastructure construction and
will not commence until the issuance of the actual site
development land disturbance permit. (EE)
4. Storm Water Detention. A storm water detention system
shall be used onsite in order to meet the pre-
development 2 and 10 year runoff rates. This can be
accomplished through oversized storm sewer pipes,
underground storage tanks, permeable pavement, or
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traditional BMP's which will be determined during the
Site Plan Design and Review Process. (EE)
5. Onsite Storm Sewer. The onsite storm sewer. diameter will
be increased beyond standard design policy to the extent
necessary for there to be no hydraulic impact on the
Woolridge culvert and riser system. (EE)
6. Retaining Wall. The retaining wall adjacent to Bristol
Village will be designed so that it does not cause
flooding to a greater extent than what may already
exist. An analysis suitable to the Environmental
Engineering Department shall be made a part of the site
plan. (EE)
7. Existing Channel Treatment. The connection between the
outlet end of the Woolridge Road culvert and the onsite
storm sewer shall be made via a replacement of existing
rip rap with a paved channel cross section or continuous
storm sewer. The erosion control plan shall specify the
implementation of this storm sewer as the first step in
the development of the property or at as early a phase
in the construction process as is practicable. (EE)
8. Pollutant Removal. To the extent that the required
pollutant removal is not achieved on site, the remaining
level of pollutant removal will come from regional BMP
LTC 20/25 into which this project drains and which the
County plans to construct. (EE)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Mr. Elswick expressed his appreciation to staff relative to
the comparison table in the analysis, indicating that it was
very helpful.
17. PUBLIC HEARINGS
17.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO
USE OF PUBLIC UTILITIES
Mr. Cash stated this date and time has been advertised for a
public hearing for .the Board to consider amendments to the
County Code relative to use of public utilities. He further
stated the recently adopted Comprehensive Plan identified
numerous steps necessary to implement the guidelines and
goals of the Plan, some of which involve amendments to county
ordinances. He stated this is the second in a series of
ordinances being brought forward in accordance with the
Plan's recommendations. He further stated this group of
amendments addresses requirements for use of public water and
wastewater for new development consistent with the
recommendations of the Plan. He noted the proposed amendments
would bring the standards under one section of the Code, the
Water and Wastewater ordinance.
In response to Ms. Jaeckle's question regarding the exception
process for the mandatory connection requirements when a
structure is within 200 feet of an existing line, Mr. Cash
stated criteria in granting such an exception would be based
upon physical impediments such as topography, conflicts with
14-175
03/12/14
other utility systems or capacity limitations. He further
stated there would be no cost to a property owner to appeal a
decision of the director of the Utilities Department
regarding this mandatory connection requirement to the Board.
Mr. Holland called for public comment.
Mr. Freddy Boisseau supported the proposed amendments,
indicating the ordinance provides flexibility in the
mandatory connection requirements.
There being no one else to address the issue, the public
hearing was closed.
Mr. Elswick and Mr. Holland expressed their appreciation to
the Planning Commission for their hard work relative to the
proposed amendments.
Mr. Warren stated the ordinances provide flexibility to grant
exceptions based on certain criteria such as topographical
issues.
Ms. Jaeckle indicated that while she had concerns relative to
factors which might warrant an exception to the 200 foot
mandatory connection requirements, she would support the
amendment since a property owner may file an appeal without a
fee.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND REENACTING SECTIONS 17-72
AND 17-84 OF THE SUBDIVISION ORDINANCE
RELATING TO MANDATORY UTILITY CONNECTIONS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That sections 17-72 and 17-84 of the Code of the County
of Chesterfield, 1997, as amended, are amended and reenacted
to read as follows:
CHAPTER 17
SUBDIVISION OF LAND
0 0 0
Sec. 17-72. Improvements Required
0 0 0
L. where individual wells are permitted to provide water
for domestic consumption-the following conditions
shall apply:
0 0 0
Sec. 17-84. Standards for lots and parcels served by
onsite sewage disposal systems.
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A. With the exception of subsection B of this section,
subdivisions using onsite sewage disposal systems
shall comply with the following:
0 0 0
B. All subdivisions for which residential zoning was
obtained prior to February 23, 1989 utilizing onsite
sewage disposal systems shall comply with the bulk
requirements in place at the time of zoning and the
requirements of subsection A. 5., 6. and 7. of this
section.
0 0 0
2. (2) That this ordinance shall become effective
immediately upon adoption.
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND REENACTING SECTIONS 18-1, 18-53, 18-60, 18-61, 18-62, 18-
63 AND 18-64 OF THE UTILITIES ORDINANCE
RELATING TO MANDATORY UTILITIES CONNECTIONS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 18-1, 18-53, 18-60, 18-61, 18-62, 18-63
and 18-64 of the Code of the County of Chesterfield, 1997, as
amended, are amended and reenacted, to read as follows:
CHAPTER 18
WATER AND SEWERS
0 0 0
Sec. 18-1. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the following meanings:
0 0 0
(o) GIS: Geographic information system owned and operated by
the county.
(p) Infiltration: Water that enters the wastewater system and
wastewater service connections from the ground.
(q) Inflow: Water that enters the wastewater system and that
is not wastewater or infiltration.
(r) Mobile home: Shall have the same meaning as in the zoning
ordinance.
(s) Mobile home park: Shall have the same meaning as in the
zoning ordinance.
(t) Mobile home subdivision: Shall have the same meaning as
in the zoning ordinance
(u) Normal domestic wastewater: Waterborne wastes that are
normally discharged from the sanitary facilities of
dwellings, apartment houses, hotels, office buildings,
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03/12/14
factories and institutions, and that do not contain
groundwater, storm surface water or industrial waste.
(v) Off-site extension: An extension of a utility line from
the existing line to the developer's property.
(w) Oversize line: A utility line that is larger than the
line needed to serve a developer's property or eight inches
in diameter, whichever is larger.
(x) Septage: Normal domestic wastewater that is discharged
from a septic tank into the wastewater system.
(y) Townhouse: Shall have the same meaning as in the zoning
ordinance.
(z)Utility or utilities: The county water and wastewater
system or, when the context requires, water or wastewater
system.
(aa) Virtual meter size: (i) The meter size, based on
standard plumbing fixtures, which serves a commercial
consumer who installs plumbing fixtures that require a lower
total volume but a higher instantaneous flow than standard
fixtures; or, (ii) the meter size that provides water service
to a residential consumer, excluding water service for fire
protection.
(bb) Wastewater: Normal domestic and industrial waste which
enters the wastewater system carried by water from
residential, commercial and industrial establishments or
other places and infiltration.
(cc) Wastewater system: All of the facilities that are owned
by the county which transport or treat wastewater.
(dd) Water: Water that does not contain enough impurities to
cause human disease or harmful physiological effects and that
has bacteriological and chemical qualities which conform to
the standards for potable water that have been established by
the director and by the state department of health's Virginia
waterworks Regulations.
(ee) Water system: All of the facilities that are owned by
the county which impound, transport or treat water.
0 0 0
Sec. 18-53. Utility extensions.
(a) For residential development, off-site
extension of any public water or public
gravity wastewater trunk line shall not exceed
a distance of 3,000 feet from the nearest
existing line as measured along the most
reasonable extension route, as determined by
the director of utilities. This limitation
shall not preclude extension to accommodate a
mixed use development having as its primary
component non-residential uses, as determined
by the directors of planning and utilities.
(b) No person shall extend the utility system
without the approval of the director. The
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director shall impose reasonable terms and
conditions on all utility extensions. The
developer or owner of the land that will be
served by an extension shall pay the cost of
the extension. However, the developer or owner
may be eligible for refunds for a portion of
the cost of the extension in accordance with
this article.
(c) The director shall not approve any utility
extension unless he determines that the
extension is in the best interest of the
utility system and the health, safety and
welfare of county residents.
(d) No person shall extend utility lines until he
has entered into a contract with the county to
construct the extension. The form of the
contract shall be approved by the director and
by the county attorney. The extension contract
shall require the developer to provide the
county with a copy of a construction contract
in a form that is approved by the director
with an approved, licensed utility contractor
and to convey all utility easements to the
county that are necessary for the county to
provide utility service to the property. The
county shall approve the size, type, location
and material of all utility mains; service
lines, including corporation stops, meter
yokes, fittings and service pipes; and other
facilities. The extension shall be installed
in accordance with the Chesterfield County
water and Sewer Specifications and Procedures
Manual and other county policies and
administrative procedures.
0 0 0
Sec. 18-60. Required Use of Utility System.
The distance extensions described in this section shall be
measured from the nearest existing line as measured along the
most reasonable extension route, as determined by the
director of utilities.
A. Residential. For the purposes of this section, the term
"dwelling unit" shall be as defined in Chapter 19 and
shall not include a dwelling unit that is being rebuilt
due to damage by fire, flood, explosion, earthquake,
storm or other act of God provided such reconstruction
occurs within 2 years of the damage.
1. Public Water System. Connection to the public
water system shall be required for new dwelling
units when:
a) property line is within 200 feet of a water
line unless the required on-site service line
is greater than 400 feet;
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b) located within a lot subdivision recorded with
requirement for connection;
c) located within a lot subdivision that receives
preliminary plat approval after DATE Of
ADOPTION and which is located in the area
shown as "Required" on the Residential Public
Water Connection Area on the GIS map; or
d) located in a multifamily development.
2. Public Wastewater System. Connection to the public
wastewater system shall be required for new
dwelling units when:
a) property line is within 200 feet of a
wastewater line unless the required on-site
service line is greater than 400 feet;
b) located within a lot subdivision recorded with
requirement for connection;
c) located within a lot subdivision that receives
preliminary plat approval after DATE Of
ADOPTION and which is located in the area
shown as "Required" on the Residential Public
Wastewater Connection Area on the GIS map; or
d) located in a multifamily development.
B. Nonresidential. The requirements of this section shall
not include a nonresidential structure that is being
rebuilt due to damage by fire, flood, explosion,
earthquake, storm or other act of God provided such
reconstruction occurs within 2 years of the damage.
1. Public water system. Connection to the public water
system shall be required for new nonresidential
structures that need domestic water when:
a) located in the area shown as "Required on the
Nonresidential Public Water Connection Areas
on the GIS map; or
b) located in the area shown as "Provisional" on
the Nonresidential Public Water Connection
Areas on the GIS map and the property line is
within 200 feet of a water line.
2. Public wastewater system. Connection to the public
wastewater system shall be required for new
nonresidential structures requiring domestic
wastewater when in the area shown as "Required" on
the Nonresidential Public Wastewater Connection
Areas on the GIS map.
Sec. 18-61. Exceptions to Use of Utility Systems.
A. An exception to the requirements of sections 18-53(a) and
18-60 A.l.c), A.2. c), B.l.a), and B. 2. may be granted as
follows:
1. Submission of an application with a $1000.00 fee to
the Planning Department.
2. The director of planning shall process the
application and provide notice as outlined for
zoning approval in Chapter 19.
3. In conjunction with the director of utilities, the
director of planning shall review the application
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and make a recommendation to the Planning
Commission. A recommendation for the exception
approval may include a recommendation for the
imposition of conditions. The recommendation shall
consider whether:
a) the use of a private system will encourage
future area development inconsistent with the
Comprehensive Plan; and
b) the ability to extend public system to other
property will be adversely affected
4. The Planning Commission, following a public
hearing, shall make a recommendation to the Board
of Supervisors. The Commission shall also consider
the criteria outlined in A. 3. The recommendation
for the exception approval may include a
recommendation for the imposition of conditions.
5. The Board of Supervisors, following a public
hearing, may grant the exception. The Board shall
consider the criteria outlined in A. 3. The
exception approval may include imposition of
conditions.
B. An exception to the requirements of section 18-60 A.1. a),
A.2. a) and B.l.b). may be granted as follows:
1. Administrative Review. Upon submission, the director
of utilities shall review the request and make a finding
that connecting to the utility system is physically
impractical due to: (i) topography, (ii) conflicts with
other underground utilities, (iii) capacity limitations,
or (iv) other factors which would prevent an extension
in accordance with the Chesterfield County Water and
Sewer Specifications and Procedures Manual and other
county policies and administrative procedures. An
exception approval may include imposition of conditions.
2. Appeal of Administrative Review. An applicant who is
aggrieved by the determination of the director of
utilities may appeal the decision to the Board of
Supervisors. The Board's decision shall be based upon
those findings outlined in B.l. The Board's decision may
include imposition of conditions.
Sec. 18-62. Reserved.
Sec. 18-63. Reserved.
Sec. 18-64. Reserved.
0 0 0
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
17.B. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATIVE
TO VARIANCE CRITERIA
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 criteria for granting variances and
other decision making criteria due
He explained that the state co
requirement that the hardship the
approaching confiscation and adds
14-181
to changes in State Code.
de changes eliminate the
variance alleviates is one
provisions that a decision
03/12/14
by the Board of Zoning Appeals not be based upon the merits
of the zoning ordinance's purpose and intent.
Mr. Holland called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Warren, seconded by Mr. Elswick, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-21
OF THE ZONING ORDINANCE RELATING TO POWERS AND DUTIES OF THE
BOARD OF ZONING APPEALS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-21 of the Code of the County of
Chesterfield, 1997, is amended and re-enacted, to read as
follows
CHAPTER 19
ZONING
000
Sec. 19-21. Same--Powers and duties.
The board of zoning appeals shall have the following
powers and duties:
(a) To hear appeals as provided for in section 19-19.1.
(b) The board of zoning appeals may authorize upon
appeal or original application in specific cases
such variance as defined in section 19-301 from the
terms of this chapter as will not be contrary to
the public interest, when, owning to special
conditions, a literal enforcement of the provisions
will result in unnecessary hardship; provided that
the spirit of this chapter shall be observed and
substantial justice done, as follows: When a
property owner can show that his property was
acquired in good faith and where by reason of the
exceptional narrowness, shallowness, size or shape
of a specific piece of property on March 31, 1997,
or reason of exceptional topographic conditions or
other extraordinary situation or condition of such
piece of property, or of the conditions, situation,
use or development of property immediately adjacent
thereto, the strict application of the terms of
this chapter would effectively prohibit or
unreasonably restrict the use of the property or
where the board is satisfied, upon the evidence
heard by it, that the granting of such variance
will alleviate a clearly demonstrable hardship, as
distinguished from a special privilege or
convenience sought by the applicant, provided that
all variances shall be in harmony with the intended
spirit and purpose of the chapter.
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No such variance shall be authorized by the board
unless it finds:
(1) That the strict application of this chapter
would produce undue hardship;
(2) That such hardship is not shared generally by
other properties in the same zoning district
and the same vicinity; and
(3) That the authorization of such variance will
not be of substantial detriment to adjacent
property and that the character of the
district will not be changed by granting the
variance.
No variance shall be authorized unless the board
finds that the condition or situation of the
property concerned or the intended use of the
property is not of so general or recurring a nature
as to make reasonably practicable the formulation
of a general regulation to be adopted as an
amendment to this chapter.
In authorizing a variance the board may impose such
condition regarding the location, character and
other features of the proposed structure or use as
it may deem necessary in the public interest, and
may require a guarantee or bond to insure that the
conditions imposed are being and will continue to
be complied with.
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(e) No provision of this section shall be construed as
granting the board of zoning appeals the power to
rezone property or to base decisions on the merits
of the purpose and intent of the zoning ordinance
adopted by the Board of Supervisors.
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(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
17.C. TO CONSIDER THE CONVEYANCE OF RIGHT OF WAY TO THE
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION
FOR THE MIDLOTHIAN TURNPIKE SIDEWALK PROJECT
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider the conveyance of
right of way to the Commonwealth of Virginia, Department of
Transportation for the Midlothian Turnpike Sidewalk Project.
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 conveyance of right of way to the Commonwealth
of Virginia, Department of Transportation for the Midlothian
Turnpike Sidewalk Project, and authorized the Chairman of the
Board and County Administrator to execute the deed.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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17.D. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF BRIDGE
CREEK COURT WITHIN BROOKCREEK CROSSING, SECTION B
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
vacate a portion of Bridge Creek Court within Brookcreek
Crossing, Section B.
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. Warren, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to TWIN CREEK PROPERTIES, L.L.C.,
a Virginia limited liability company,
("GRANTEE"), a portion of Bridge Creek
Court within Brookcreek Crossing, Section
B, 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 194, at Page 4.
WHEREAS, TWIN CREEK PROPERTIES, L.L.C., petitioned the
Board of Supervisors of Chesterfield County, Virginia to
vacate a portion of Bridge Creek Court with Brookcreek
Crossing, Section B, 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 194, Page 4, by BALZER AND
ASSOCIATES, P.C., dated SEPTEMBER 23, 2008. The portion of
the right of way petitioned to be vacated is more fully
described as follows:
A portion of Bridge Creek Court within
Brookcreek Crossing, Section B, the
location of which is more fully shown on
a plat made by BALZER AND ASSOCIATES,
INC., dated JANUARY 3, 2013, 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 right of way sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of right of
way be and is hereby vacated.
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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 portion of the right of way hereby
vacated in the property owner of the adjoining lots within
Brookcreek Crossing, Section B free and clear of any rights
of public use, subject to resubdivision of the adjoining lots
so all lots have the required street frontage on Bridge Creek
Court.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and TWIN
CREEK PROPERTIES, L.L.C., a Virginia limited liability
company, or its successors in title, as GRANTEE.
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
Mr. Freddy Boisseau addressed the Board relative to the
adoption of the county's proposed FY2015 budget.
Ms. Sandy Brasili addressed the Board relative to the
adoption of the county's proposed FY2015 budget.
20. ADJOURNMENT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adjourned at 7:48 p.m. until March 26, 2014.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
mes J Stegm ier
County Administrator
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