2014-06-25 MinutesBOARD OF SUPERVISORS
MINUTES
June 25, 2014
Supervisors in Attendance:
Mr. James M. Holland, Chairman
Mr. Stephen A. Elswick, Vice Chrm.
Ms. Dorothy A. Jaeckle
Mr. Arthur S. Warren
Mr. Daniel A. Gecker
Mr. James J. L. Stegmaier
County Administrator
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Staff in Attendance:
Mr. Greg Akers, Dir.,
Internal Audit
Mr. Mike Bacile, Dir.,
Purchasing
Dr. Sheryl Bailey, Dep.
County Administrator,
Management Services
Ms. Janice Blakley,
Clerk to the Board
Ms. Marilyn Brown, Dir.,
Juvenile Detention Home
Mr. Kevin Bruny, Chief
Learning Officer
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. William Davenport,
Commonwealth Attorney
Mr. Jonathan Davis, Dir.,
Real Estate Assessment
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Mr. Robert Eanes, Asst. to
the County Administrator
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. George Hayes, Asst. Dir.,
Utilities Department
Dr. Parham Jaberi, Dir.,
Health Department
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Sheriff Karl Leonard,
Sheriff's Department
Mr. Jeffrey L. Mincks,
County Attorney
Ms. Susan Pollard, Dir.,
Public Affairs
Chief Edward L. Senter,
Fire Department
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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
1.A. APRIL 23, 2014 REGULAR MEETING
Ms. Jaeckle stated she had some questions about the April
23rd minutes. She inquired about discussion related to
specific budgetary items, specifically, tax relief for the
elderly and disabled.
In response to Ms. Jaeckle's inquiry, Mr. Stegmaier stated a
list was presented to the Board at the evening session on
April 23rd that detailed all of the items the Board had
discussed at the afternoon session to include in the budget.
He noted funding for the trash collection program was not
included in the FY2015 budget. He stated there had been some
discussion relative to grandfathering individuals who
participated in the program and not accepting any new
applications.
Ms. Jaeckle requested that discussion relative to the re-
ordering of budget items be inserted within the minutes.
In response to Mr. Holland's suggestion, Ms. Jaeckle stated
she did review the video of the April 23rd meeting.
Mr. Warren recommended deferring approval of the April 23rd
minutes for 30 days.
Mr. Gecker expressed concerns relative to items not being
included within the appropriation resolution, specifically,
tax relief waste pickup for the elderly and disabled and
community contracts. He stated Mr. Carmody presented cuts
that were agreed upon or compromised to. He further stated
there was a consensual add-back of the tax relief waste
collection.
It was generally agreed to defer approval of the minutes of
April 23, 2014, until July 23, 2014.
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1.B. MAY 28, 2014 REGULAR MEETING
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
approved the minutes of May 28, 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 welcomed and introduced Ms. Susan Pollard,
the county's new Director of Public Affairs. He stated
Ms. Pollard brings to the position 20 years of public
communications and media experience, including
government experience with the Commonwealth of Virginia
and the City of Chesapeake.
• Mr. Stegmaier announced that last month the county
welcomed 19 graduate and undergraduate students to the
county's 2014 summer internship program. He stated the
goal of the internship program is to provide students
with a unique opportunity to learn how local government
departments and agencies operate.
Ms. Jaeckle noted businesses' most successful recruiting tool
for hiring is internship programs.
In response to Ms. Jaeckle's comment, Mr. Stegmaier stated a
recent article in The Wall Street Journal pointed out a
quality summer internship trumps both university and class
rank when applying for jobs.
• Mr. Stegmaier reported this past weekend the county
welcomed nearly 2,000 bicyclists for the annual Bike
Virginia tour. He stated this six-day bicycling festival
travels around the state and had a significant positive
financial impact for the county.
• Mr. Stegmaier announced recently the county sold
approximately $60.6 million in general obligation bonds
at a true interest cost of 2.1 percent on the total
offering. He stated the county received seven bids and
saw competitive pricing demonstrating strong interest in
the county's quality credit.
• Mr. Stegmaier was pleased to report that earlier this
month the Chesterfield's Sheriff's Office received the
Employer Support of the Guard and Reserve (ESGR) Pro
Patria Award. He stated this award is presented annually
by each ESGR State Committee to one small, one large and
one public sector employer in their state. He then
introduced Sheriff Leonard, who shared a brief video
presentation with the Board.
Mr. Holland expressed appreciation to the Sheriff's Office
for having such tremendous influence on the county and the
state.
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• Mr. Stegmaier reported on the Governor's announcement of
the Shandong Tranlin Paper Company's $2 billion
investment in Chesterfield County. He stated this
investment will bring 2,000 jobs and is the largest
economic development announcement ever made in the
county and a testament that Chesterfield County is a
desirable location for businesses from around the world.
Mr. Holland stated this investment will have a remarkable
economic impact on the county. He expressed his appreciation
to the Asian-American community for their immersion.
Ms. Jaeckle stressed the importance of revitalization and
economic development the investment will bring to the county
and the Bermuda District. She highly praised Mr. Stegmaier
for his involvement with the private sector relative to the
project.
3. BOARD MEMBER REPORTS
Mr. Elswick announced the Matoaca District and the Bermuda
District held a joint community meeting on June 24th regarding
the recreational use of explosive targets. He expressed his
appreciation to the Police Department, Fire Department and
County Attorney's Office for their efforts relative to the
matter. He wished Mr. Nathan Kirby, son of Mr. Joe Kirby,
Capital Projects Field Coordinator, and the University of
Virginia baseball team good luck in the College World Series
game this evening.
Mr. Warren commented on the USA soccer team and their
advancement to the next round of games in the FIFA World Cup
Championship.
Mr. Holland announced he recently made a visit to the
county's Juvenile Detention Center and met with students of
the Chesterfield Life Changing Academy. He introduced Ms.
Marilyn Brown, Director of the Juvenile Detention Center and
Mr. Darren Jones, program administrator, who shared
information to the Board relative to the program's services.
Mr. Holland also announced that the Dale District held
community meetings on May 20th and June 2nd regarding cash
proffers.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
replaced Item 8.C.1., Resolution Recognizing Firefighter I
Lloyd E. Padgett, Fire and Emergency Medical Services
Department Upon His Retirement, and moved it to follow Item
5.C.; replaced Item 8.C.11., Acceptance of a Parcel of Land
Along Ironbridge Road from Kroger Limited Partnership; and
replaced Item 8.C.13., Approval of Performance Agreement and
First Amendment to Performance Agreement Between the County,
the Economic Development Authority and Evonik Goldschmidt
Corporation.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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5. RESOLUTIONS
5.A. RECOGNIZING MRS. ERNESTINE M. TYLER, GENERAL SERVICES,
BUILDINGS AND GROUNDS DIVISION, UPON HER RETIREMENT
Mr. Key introduced Mrs. Ernestine M. Tyler, who was present
to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mrs. Ernestine M. Tyler began her service with
the Chesterfield County Department of General Services on
January 26, 1981, as a part-time custodian in the Buildings
and Grounds Division; and
WHEREAS, in July 1981, Mrs. Tyler was promoted to a
full-time custodian; and
WHEREAS, Mrs. Tyler demonstrated her commitment to the
county and contributed to a positive work environment; and
WHEREAS, Mrs. Tyler was always willing to assist the
members of the team by sharing her knowledge and skills; and
WHEREAS, Mrs. Tyler performed her daily tasks with
minimum supervision and promptly handled customer concerns;
and
WHEREAS, Mrs. Tyler always displayed a positive attitude
when responding to the concerns of customers; and
WHEREAS, Mrs. Tyler presented a positive image while
interacting with internal and external customers in the
county; and
WHEREAS, Mrs. Tyler organized and prioritized tasks to
ensure assignments were completed in a timely manner; and
WHEREAS, Mrs. Tyler strived to improve job efficiency in
serving citizens and employees; and
WHEREAS, Mrs. Tyler was instrumental in utilizing
environmentally-friendly housekeeping practices; and
WHEREAS, Mrs. Tyler provided quality service while
adhering to ethical standards of behavior; and
WHEREAS, Mrs. Tyler supported the county goals, values
and objectives through teamwork and professionalism.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of June 2014,
publicly recognizes the outstanding contributions of Mrs.
Ernestine M. Tyler, expresses the appreciation of all
residents for her service to Chesterfield County, and extends
appreciation for her dedicated service to the county and
congratulations upon her retirement, as well as best wishes
for a long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mrs. Tyler, 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.
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Mr. Holland presented the executed resolution to Mrs. Tyler,
commended her for her dedication and many years of service to
the county, and wished her a long and enjoyable retirement.
Mr. Stegmaier presented Mrs. Tyler with an acrylic statue and
county watch, congratulated her on her retirement and
expressed appreciation for her outstanding service to the
county.
Mrs. Tyler, accompanied by her husband, expressed her
appreciation to the Board for the special recognition.
5.B. RECOGNIZING CAPTAIN WILLIAM E. SMITH, JR., FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS
RETIREMENT
Chief Senter introduced Captain William E. Smith, Jr., who
was present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Captain William E. Smith, Jr. will retire from
the Chesterfield Fire and Emergency Medical Services
Department, Chesterfield County, on July 1, 2014; and
WHEREAS, Captain Smith attended Recruit School #9 in
1978 and has faithfully served the county for nearly 36 years
in various assignments, including as a firefighter at the Bon
Air, Chester, Dutch Gap, Buford, Manchester, Matoaca and Dale
Fire and EMS Stations; as a lieutenant at the Chester,
Bensley, Ettrick, and Dutch Gap Fire and EMS Stations; and as
a captain at the Winterpock and Centralia Fire and EMS
Stations; and
WHEREAS, Captain Smith was the first Advanced Life
Support provider to be hired by Chesterfield Fire and EMS
and, in 1985, was selected as one of the original flight
paramedics for the EMS Med-Flight program; and
WHEREAS, Captain Smith joined the department's SCUBA
rescue team in 1981, and was an original member of the
department's Technical Rescue Team, serving on both until his
retirement, and he also served on the department's volunteer
recruitment and retention workgroup; and
WHEREAS, Captain Smith has served as the department
staffing officer from 2007 to 2014, managing the daily
apparatus staffing, as well as the management of leave for
all of Fire and EMS members; and
WHEREAS, Captain Smith was recognized with a Unit
Citation and a Citation of Merit, a Heroism Award from
Firehouse Magazine, as well as being named Firefighter of the
Year from the Professional Insurance Agents Association of
Virginia, for his actions on June 3, 1987, when he provided
patient care to a county resident who had been severely
burned in a fiery vehicle accident on Chippenham Parkway,
placing his own life at risk when he entered and remained
with the victim inside the diesel fuel saturated vehicle for
several hours, until the victim was successfully rescued; and
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WHEREAS, Captain Smith was recognized with a total of
four EMS Life Save awards for saving lives as a result of
cardiac arrests in 1986 and 2004, an overdose in 1992, and an
automobile accident in 1995; and
WHEREAS, Captain Smith responded with a team of
Chesterfield Fire and EMS personnel to South Carolina, in
1989, to assist with recovery operations after Hurricane
Hugo; and
WHEREAS, Captain Smith was recognized with unit
citations in 1994 for an elevated rescue at Dominion Virginia
Power Dutch Gap Station, as well as a dive team response for
an overturned canoe in the Appomattox River; and
WHEREAS, Captain Smith was recognized with Unit Citation
awards for multiple dive team responses, including rescues as
a result of flooding that occurred on August 30, 2004, during
Tropical Storm Gaston; and
WHEREAS, Captain Smith was also recognized with a Unit
Citation award for a response on November 2, 2011, to the
Swift Creek Reservoir to assist in stabilizing a downed
aircraft, where he and other members of the dive team worked
to protect the county's drinking water supply.
NOW, THEREFORE BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of June 2014,
publicly recognizes the contributions of Captain William E.
Smith, Jr., expresses the appreciation of all residents for
his service to the county, and extends appreciation for his
dedicated service and congratulations upon his retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Captain Smith, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Mr. Holland presented the executed resolution to Captain
Smith, commended him on his dedication and service to the
county, and wished him a long and enjoyable retirement.
Mr. Elswick expressed his gratitude for Captain Smith's
dedicated service to the county and wished him well in his
retirement.
Mr. Stegmaier presented Captain Smith with an acrylic statue
and county watch, congratulated him on his retirement and
expressed appreciation for his outstanding service to the
county.
Captain Smith, accompanied by members of his family,
expressed his appreciation to the Board for the special
recognition.
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5.C. RECOGNIZING MAJOR TERRY L. PATTERSON, POLICE
DEPARTMENT, UPON HIS RETIREMENT
Col. Dupuis introduced Major Terry L. Patterson, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Major Terry L. Patterson will retire from the
Chesterfield County Police Department on July 1, 2014, after
providing an extraordinary 42 years of quality service to the
citizens of Chesterfield County; and
WHEREAS, Major Patterson began his career with
Chesterfield County in 1972 in the Department of Utilities;
and
WHEREAS, Major Patterson has faithfully served the
county in the capacity of Maintenance Technician, Dispatcher,
Patrol Officer, Investigator, Detective, Detective First
Class, Sergeant, Lieutenant, Acting Captain, Captain and
Major; and
WHEREAS, Major Patterson also served as a Field Training
Officer, Crime Scene Technician, Breathalyzer Operator,
General Instructor, and as a member of the Special Weapons
and Tactics Team; and
WHEREAS, during his tenure with the Chesterfield County
Police Department, Major Patterson served diligently in the
Uniform Operations Bureau, Investigations Bureau, Office of
Professional Standards, and Operational Support Bureau; and
WHEREAS, Major Patterson and fellow members of the
Investigations Bureau were recognized with a Certificate of
Achievement for their actions in the successful resolution of
a homicide case, after more than 50 felony warrants were
served to nine suspects due to the team's quick response,
communication, teamwork and persistence to detail; and
WHEREAS, Major Patterson was the recipient of a Richmond
Retail Merchants Association Valor Award for his heroic
efforts as he entered a burning residence and led a young
lady and her infant daughter to safety; and
WHEREAS, Major Patterson has been the recipient of
numerous Chief's Commendations for his experience,
persistence to detail, investigative skills and dedication in
the resolutions of multiple cases; and
WHEREAS, Major Patterson was the recipient of a Mason T.
Chalkley Award for Excellence; and
WHEREAS, Major Patterson has made significant
contributions to many committees and boards during his
exemplary career, including the Chesterfield County Police
Detective's Assessment Board, Police Training Officers
Assessment Board, Police Quality Council, Accident Review
Board and the John Tyler Community College Advisory
Committee; and
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WHEREAS, Major Patterson is recognized for his
professional attitude, excellent communications and human
relations skills and his attention to detail, which he has
utilized within the Police Department and in assisting
citizens of Chesterfield County; and
WHEREAS, Major Patterson has received numerous letters
of commendation, thanks and appreciation during his career
from the citizens of Chesterfield County for service
rendered; and
WHEREAS, Major Patterson has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service and consistently served as an outstanding
role model during his career; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Major Patterson's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of June 2014,
publicly recognizes Major Terry L. Patterson, and extends on
behalf of its members and the citizens of Chesterfield County
appreciation for his service to the county, congratulations
upon his retirement, and best wishes for a long and happy
retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Major Patterson, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Mr. Holland presented the executed resolution to Major
Patterson, commended him on his dedication, efficiency and
service to the county, and wished him a long and enjoyable
retirement.
Ms. Jaeckle expressed her appreciation to Major Patterson for
his many years of loyal and committed service to the county.
Mr. Elswick expressed his gratitude for Major Patterson's
dedicated service to the county and wished him well in his
retirement.
Mr. Stegmaier presented Major Patterson with an acrylic
statue and county watch, congratulated him on his retirement
and expressed appreciation for his outstanding leadership and
service to the county.
Major Patterson expressed his appreciation to the Board for
the special recognition.
5.D. FIREFIGHTER I LLOYD E. PADGETT, FIRE AND EMERGENCY
MEDICAL SERVICES DEPARTMENT
Chief Senter introduced Firefighter I Lloyd E. Padgett, who
was present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Firefighter Lloyd Elden Padgett retired from
the Chesterfield Fire and Emergency Medical Services
Department, Chesterfield County, on May 1, 2014; and
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WHEREAS, Firefighter Padgett began as a part-time
equipment mechanic in the fire vehicle maintenance shop in
January 1988; and
WHEREAS, Firefighter Padgett began his career as a
firefighter in Recruit School #20 in May 1989, and has
faithfully served the county for 25 years in various
assignments as a firefighter, including the Matoaca, Airport,
Manchester, Buford, Midlothian, and Bon Air Fire and EMS
Stations; and
WHEREAS, Firefighter Padgett served as a Firefighter/IMT
Specialist in the Information Technology Management Unit, and
provided exemplary support as the TeleStaff Administrator;
and
WHEREAS, Firefighter Padgett served as a Fire and Life
Safety Public Educator as Pumper the Clown; and
WHEREAS, Firefighter Padgett was recognized with an
Emergency Medical Services award for the exemplary service
provided on-scene of a motor vehicle accident in December
1992; and
WHEREAS, Firefighter Padgett was recognized with a total
of four EMS Unit Citation awards for the exemplary service
provided to cardiac arrest patients in June 1996, June 2008,
July 2008 and December 2011; and
WHEREAS, Firefighter Padgett was recognized with an EMS
Unit Citation award for the exemplary service provided on-
scene for a stab wound to the chest in October 2009; and
WHEREAS, Firefighter Padgett was recognized with an EMS
Life Save award for the exceptional advanced life support
initiated to a patient who suffered multiple stab wounds in
December 2011; and
WHEREAS, Firefighter Padgett also has received numerous
thank you letters for his services from the residents of
Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of June 2014,
publicly recognizes the contributions of Lloyd E. Padgett,
Firefighter I, expresses the appreciation of all residents
for his service to the county, and extends appreciation for
his dedicated service and congratulations upon his
retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Firefighter Padgett and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Mr. Holland presented the executed resolution to Firefighter
Padgett, commended him on his dedication and service to the
county, and wished him a long and enjoyable retirement.
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Mr. Elswick expressed his gratitude for Firefighter Padgett's
dedicated service to the county and wished him well in his
retirement.
Mr. Stegmaier presented Firefighter Padgett with an acrylic
statue and county watch, congratulated him on his retirement
and expressed appreciation for his outstanding service to the
county.
Firefighter Padgett expressed his appreciation to the Board
for the special recognition.
6. WORK SESSIONS
6.A. REVIEW OF 2014 GENERAL ASSEMBLY LEGISLATION
Mr. Mincks summarized the 2014 General Assembly legislative
changes requiring Board action, as well as optional
legislative changes permitting Board action, and provided
staff's recommendations for the legislative changes.
In response to Mr. Warren's question regarding HB 268, Mr.
Mincks stated staff recommends that the matter be referred to
the Planning Commission for its recommendation and that the
Board hold a public hearing as required by state law on any
ordinance amendments that may be required.
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
referred to the Planning Commission for recommendation
legislative changes relative to: amending the County Code to
ensure that the County is properly regulating agricultural
operations.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
In response to Mr. Warren's question regarding HB 193, Mr.
Mincks stated the General Assembly previously established
rules that permitted, on an extremely limited basis, the
participation of a member of a governing body in a meeting by
"electronic communication" from a remote location. He further
stated legislation was passed this year mandating that such
"remote participation by a member in a public meeting can
only occur if the governing body adopts a written policy
allowing for and governing such participation, which must
include an approval process for such participation subject to
the restrictions imposed by state law."
In response to Mr. Elswick's question, Mr. Mincks stated
county-wide emergencies would fall into the category of
circumstances relative to the need for electronic
communication.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
directed the County Attorney to draft a proposed policy for
the Board's consideration relative to governing participation
of Board members in meetings by electronic communication.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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In response to Ms. Jaeckle's question regarding HB 733, Mr.
Mincks stated the General Assembly has enacted legislation
allowing for localities to expand their existing unlawful
parking ordinances to include parking that blocks or prevents
the use of curb ramps, fire hydrants and mailboxes.
Ms. Jaeckle expressed concerns relative to the nuisance of
issuing fines for parking that blocks mailboxes.
Mr. Mincks stated if a police officer observed a violation he
would have the authority to issue a ticket to the individual
blocking a mailbox. He noted the Board could consider one or
more or none of the violations, at the public hearing.
Mr. Warren expressed concerns relative to local government
getting involved in neighborhood activities.
Mr. Gecker inquired if certain enforcements were necessary or
legitimate.
Mr. Mincks noted the Board is not required to set a public
hearing.
Ms. Jaeckle stated she does believe it would be necessary to
set a public hearing.
In response to Ms. Jaeckle's question, Mr. Mincks stated the
General Assembly has expanded the ability for local
government to enforce certain violations; however, it did not
come on the heels of any county-reported problems.
In response to Mr. Elswick's question, Mr. Mincks stated
parking violations regarding fire hydrants are covered in an
existing county ordinance.
The Board took no action relative to HB 733.
In regards to HB 44, Mr. Mincks stated the General Assembly
periodically permits localities to "separately classify"
certain categories of personal property which then allows the
locality to set a different tax rate (but not to exempt for
taxation altogether) property falling within that category.
He further stated this year, the General Assembly has given
localities the authority to separately classify one motor
vehicle owned or leased by a uniformed member of the Virginia
Defense Force. He stated staff recommends that the item be
referred to the Budget and Management Department to study the
fiscal impact of the amendment and report back to the Board.
He noted the report should also include the impact of
"separately classifying" vehicles owned by disabled veterans
which the Board is also authorized to do.
In response to Ms. Jaeckle's question, Mr. Mincks stated
action on the item is not required.
Ms. Jaeckle and Mr. Gecker expressed concerns relative to
separating certain classifications.
In response to Mr. Elswick's question, Mr. Mincks stated
staff recommends that the Board refer HB 44 to Budget and
Management to study the fiscal impact and report back to the
Board.
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Mr. Warren and Mr. Holland recommended referring the item to
the Budget and Management Department to study the fiscal
impact of the amendment.
Ms. Jaeckle recommended that staff identify where cuts would
be made if the Board were to approve a separate
classification for the Virginia Defense Force and adopt a
decreased tax rate for classification. She stated the
reductions of various classifications are becoming a
permanent growing liability.
Mr. Mincks stated classification would affect the next tax
year and a separate tax rate could be set with flexibility.
In response to Mr. Elswick's question, Mr. Carmody stated
there are several "carve outs" for treatment of taxation on
personal property.
Mr. Elswick recommended that staff include in the report a
complete list of existing separate tax classifications for
both real estate and personal property.
Mr. Decker recommended that staff study the fiscal impact of
separately classifying for personal property taxation one
vehicle owned or leased by a uniformed member of the Virginia
Defense Force. He stated many costs are more appropriately
born for different levels of government that get passed down,
either voluntarily or involuntarily to the localities. He
further stated funding for veterans of armed services should
be dealt with at the federal level, as opposed to the local
level.
Mr. Holland made a motion for the Board to refer HB 44 to
Budget and Management to study the fiscal impact and report
to the Board by September 30, 2014, for consideration to
amend the County Code to separately classify for personnel
property taxation one vehicle owned or leased by a uniformed
member of the Virginia Defense Force.
Mr. Mincks noted under the program there is no requirement
that the vehicle tax would be reduced in rate and the vehicle
can be used purely for personal use.
Mr. Warren seconded Mr. Holland's motion.
Mr. Decker stated he does not plan to vote in favor of the
recommendation. He expressed concerns with the possibility of
significant lobbying by groups on the state list.
Mr. Holland called for a vote on his motion, seconded by Mr.
Warren, for the Board to refer HB 44 to Budget and Management
to study the fiscal impact and report to the Board by
September 30, 2014, for consideration to amend the County
Code to separately classify for personnel property taxation
one vehicle owned or leased by a uniformed member of the
Virginia Defense Force; identify where cuts would be made if
the Board were to approve a separate classification for the
Virginia Defense Force and adopt a decreased tax rate for the
classification; and include in the report a complete list of
existing separate tax classifications for both real estate
and personal property.
Ayes: Holland, Elswick, Warren.
Nays: Jaeckle and Decker.
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In regards to HB 77, Mr. Mincks stated until this year, most
localities (including Chesterfield) were only permitted to
enforce their weed ordinance on vacant property. He further
stated the 2014 General Assembly enacted legislation allowing
localities to also enforce weed ordinances on occupied
property. He stated staff recommends that the Board set a
public hearing for the August 27, 2014 Board meeting to
consider an ordinance amendment adding occupied property to
the weed ordinance.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
set April 27, 2014, as the date for a public hearing to
consider amending the County Code to allow the county to
enforce its weed ordinance on occupied property.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
6.B. ANNUAL REVIEW OF CASH PROFFERS
Mr. Carmody stated the Board is requested to consider policy
revisions and a maximum cash proffer amount per dwelling unit
for FY2015. He further stated the calculated cost for FY2015
is $21,261 per dwelling unit, which is 7.7 percent higher
than last year's calculated cost. He stated the Berard has the
option to establish a maximum cash proffer amount up to the
calculated cost of $21,261. He further stated staff's
intention with the FY2015 update is to better align the cash
proffer policy with strategies in the recently adopted
Comprehensive Plan, while at the same time, preserve a
revenue source that partially offsets the cost of providing
capital facilities arising from new development. He stated
cash proffers, in conjunction with general tax dollars, are
an important revenue used .to help pay for the costs of
capital improvements in the County's Public Facilities Plan.
He stated staff has evaluated several variables as discussed
and requested during the FY2014 cash proffer update,
including: revitalization, differentiation by housing type
and location, transportation calculations, quality standards
and policy flexibility.
In response to Ms. Jaeckle's question regarding
transportation calculations, Mr. Smith stated the model does
build in origin and destination, and takes into account
different attractions. He further stated another aspect
assumed in the model is a certain percentage of actual
commercial/retail generation which mitigates the overall
impact. He noted the model does make certain assumptions.
Mr. Carmody stated the current model incorporates all trips
generated including single-family, multi-family and
commercial. He further stated there is a potential to credit
on the roads portion of multi-family calculation, when
coupled with specific criteria, based on the notion that they
generally produce fewer trips per day.
In response to Ms. Jaeckle's comment regarding quality of
construction and amenities, Mr. Carmody stated quality is an
expectation in the community and makes our neighborhoods more
viable, with longer lifespans. He noted there is no
recommendation for reductions, due to quality aspects.
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In response to Mr. Elswick's question, Mr. Carmody stated 40
percent of the lots approved in all zoning cases in the
county are approved at a cash proffer amount that was less
than the maximum cash proffer in place at the time the case
came before the Board.
In response to Ms. J
cases requesting cash
that, for the purpose
developer was offering
included in the total
proffers.
aeckle's question regarding upcoming
proffer relief, Mr. Carmody stated
of the presentation, cases where a
infrastructure in lieu of cash were
of those seeking relief from cash
Ms. Jaeckle requested information from staff relative to the
average sales price of homes for the past several years.
In response to Ms. Jaeckle's question, Mr. Carmody stated
1,500 certificates of occupancy were issued in FY2013, 852 of
which actually paid cash proffers. He further stated Magnolia
Green is not included within the data.
In response to Ms. Jaeckle's question regarding
transportation funding, Mr. Carmody stated the primary driver
of change is roads, mostly due to an increased number of
projects in the Revenue Sharing Program. He further stated
Chesterfield has not received any sizable increases in new
construction funding for roads.
In response to Mr. Elswick's question, Mr. Carmody stated the
$43 million figure relative to relief sought/potential loss
from cases scheduled between June and August is based on what
the applicant is seeking through various conditions. He then
stated after the work session, staff is recommending that the
Board take actions that fall into two main categories:
considering cash proffer credits for revitalization projects
on a case-by-case basis; and considering cash proffer credits
for unique multi-family projects when coupled with other
criterion. He noted the Board can set a maximum cash proffer
up to the calculated amount; however, staff would recommend
the maximum cash proffer remain at $18,966, the amount
currently in place. He stated keeping the maximum at $18,966,
for the sixth consecutive year, coupled with a subsequent
four-year fixed cash proffer concept adopted by the Board,
essentially reduces the cash proffer from higher amounts that
could have been established over the cumulative ten-year time
period. He noted state law allows the dollar amount of
previously accepted cash proffers to be adjusted annually
based on changes in the Marshall and Swift Building Cost
Index, which has increased 3.8 percent since last year. He
stated the Cash Proffer Policy automatically adjusts the cash
proffer amount of previously approved cases by the amount of
change in the Marshall and Swift Building Cost Index,
reflective of changes in building construction costs, on an
annual basis. He noted previously approved cases with
proffered conditions allowing for no change over a four-year
period would not be increased this year.
Mr. Elswick stated the Board
based on what is presented. He
revisions to policy language
the development community. He
to leave the verbiage as it is
hammers out every zoning case
expressed concerns relative to
that could ultimately confuse
stated his preference would be
currently written.
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06/25/14
Ms. Jaeckle stated there is always room in the cash proffer
policy for staff to take a look at each case and use their
professional opinion relative to long-term impacts of
development to the county. She further stated the Planning
Commission is adamant that the Board of Supervisors needs to
put in order an improved policy. She noted that Henrico
County does not pay cash proffers. She stated she does not
believe proffers pay for growth.
In response to Ms. Jaeckle's comments, Mr. Elswick stated he
does not believe the policy, as it is written, gives the
Planning Commission any more guidance or recommendations on
how to move forward.
Ms. Jaeckle expressed concerns relative to the concept of an
evaluation matrix.
Mr. Gecker stated he would not adopt the changes being
presented by staff, not because they do not represent a
decent work product, but because the headed direction is not
favorable. He further stated the proffers have become a
substitute for the Board looking at the true impact of a
development on the community. He stated because there is no
locational criteria within the proffer policy, a home in the
far southwest of the county is considered the same in terms
of capital impact as a home within the growth ring. He
further stated he understands the computational difficulties
relative to the confines of the policy; however, unless the
Board gets serious about a locational policy from what staff
does and does not recommend, then the Board is faced with the
problem of the cost of growth outstripping the ability of the
proffer system to account for it. He stated the county has
enough multi-family units to look across the community and
decide what locations work and do not work and determine
which multi-family units are feeding into a particular
school. He further stated there is a detrimental effect on
the school from having a more transient nature relative to
multi-family product. He expressed concerns relative to the
computational methodology used to determine student
generation. He stated the Board is far away from producing a
policy that makes sense in terms of the longer-term planning
on the county. He further stated he would like to see some
efforts made to begin to list out locational criteria that
makes sense relative to where new development is favorable.
Mr. Warren read the following statement: "The Planning
Commission foresaw that if the Board did not do something the
county would have a tax rate equivalent to many cities in
Virginia to keep up with the rising cost that development
brings. I have always taken a position that new development
should pay its own way. Now, that could mean a lot of things,
and a lot of discussion has been had on that subject. But, I
also believe that you have to have a standard that you go by
in order to make it clear to every developer and every
developer's attorney and every citizen that we have figured
out what it costs for new development, and we rely heavily on
our staff to come up with that figure. That figure changes
from year to year and we have the option every spring, when
this cash proffer system comes up, of adjusting it. The cash
proffer system is based right now on a mathematical standard
that is quantitative in nature, and not based on any
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qualitative or .political decisions. When you come to us and
recommend $18,000 plus or $21,000 plus, it is based on a
mathematical calculation that everybody is aware of and we
have confidence that system has worked. I remember when we
had tremendous debate as to how we come up with that
mathematical figure, going back to the 1990's. The cash
proffer system, in my personal opinion, is that it has stood
the test of time and in many counties has been upheld in
court as a legitimate means of balancing new development with
a cost of new development. Let's face it, every time we
reduce the full cash proffer on a case, regardless of the
reason, and believe me there are very clever attorneys that
find and get paid a lot of money to come before us in order
to influence our decisions, we burden the existing taxpayers
all over Chesterfield County to pick up the tab for some new
developer's new development in Chesterfield County, and I
think that is wrong. That is why there was tremendous
pressure this year. If we had held the cash proffer
quantitative amount last year or in the last three years, we
would not have raised taxes this time by one cent, it would
have been unnecessary. In my opinion, the current cash
proffer system works. I would like to see us continue it at
least at the current level; however, I do not think we should
change the current standards that are clear and consistent
and have been in existence for a very long time and will
continue to be debated. We live in a democracy, it is a
wonderful system, you can have boards change in the future
based on elections and you can have different attitudes
coming about as a result of that, but I hope that this Board
continues to operate on the basis that new development should
pay its own way and start with a quantitative maximum cash
proffer so everybody is familiar with what our standard is."
In response to Mr. Warren's comments, Ms. Jaeckle stated the
standard is really one homeowner subsidizing another
homeowner's cost of development. She further stated when you
are in an area that is not within a growth ring, the cost per
house is probably more around $60,000, but because you have
the houses on the inner ring paying $20,000, those homeowners
are subsidizing the real costs of the houses built on the
outer ring. She stated when the cash proffer policy was
instituted, that was a time when the entire county was going
through explosive growth and the county really had to do
something to catch up with the infrastructure. She further
stated she never thought an analysis was done as to what rate
of growth can be absorbed and build the infrastructure. She
stated the high number of transient rental properties impacts
schools and operating costs.
Mr. Holland stated he does not agree with the policy as
articulated by staff and it gives more confusion to the
Planning Commission. He noted he has not heard from a
Planning Commissioner in regards to what is recommended. He
directed staff to take a look at other tools relative to
revitalization and mixed-use projects. He stated he is in
favor of an increase in the cash proffer amount; however, he
will support other Board members if there is a majority vote
to maintain the current amount. He stressed the importance of
ensuring the public that each case will be treated fairly and
on an individual basis. He reiterated his recommendation to
staff to take a look at other tools for revitalization and
mixed-use projects, including what other localities without
cash proffers are doing and report back to the Board.
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Ms. Jaeckle stated she hoped the Board had moved beyond just
looking at the cash being accumulated today. She inquired
about details of the work that staff has done related to
multi-family developments and cash proffers.
In response to Ms. Jaeckle's comments, Mr. Carmody stated he
would provide Board members with details particularly related
to multi-family housing regarding the success of the
Comprehensive Plan that has the beginnings of language
relative to design for regional mixed-use and community
mixed-use.
In regards to the current cash proffer amount, Mr. Gecker
stated the arithmetic computation provides the illusion of
precision, as evidenced by the road figures. He further
stated road figures have changed due to anticipated funding
from the state. He stated periods of prosperity follow
stability in government; the private sector will adapt to the
rules as long as those rules are well-known and remain
stable. He further stated one of the reasons he favors
maintaining the current proffer amount is the idea of
stability and avoiding unintended consequences.
Mr. Elswick made a motion, seconded by Mr. Warren, for the
Board to maintain the current maximum cash proffer per
dwelling unit for FY2015 of $18,966.
Ms. Jaeckle inquired whether the policy will include staff's
flexibility relative to reviewing and assessing future
projects.
In response to Ms. Jaeckle's question, Mr. Carmody stated he
hopes the Board has recognized, since the September meeting,
some variation in staff reports. He further stated the policy
does allow for flexibility and staff will demonstrate unique
circumstances.
As an example, Ms. Jaeckle stated the recent development of
the Tralin Company off Willis Road will offer the opportunity
for revitalization of the Jefferson Davis Corridor and it
would greatly benefit the county if a developer did decide to
build homes in that area. She further stated a proffer at the
current amount would be almost impossible to maintain by the
developer relative to the quality of design standards.
In addition to Ms. Jaeckle's request, Mr. Gecker stated it
would be helpful to have the idea that something is unique
enough or important enough to the Board to be backed by some
real data. He further stated there is enough multi-family in
the county and we have seen what has worked long-term and
what has not worked long-term to have a good idea of the
planning precepts that ought to be put in place in any
proposed new subdivision. He stated certain design criteria
must be established and incorporated into zoning cases, so
that the long-term development retains its value.
Mr. Holland called for a vote on the motion made by Mr.
Elswick, seconded by Mr. Warren, for the Board to maintain
the current maximum cash proffer per dwelling unit for FY2015
of $18, 966 .
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
8.A. APPOINTMENTS
Mr. Warren made a motion, seconded by Mr. Elswick, for the
Board to suspend its rules to allow simultaneous nomination/
appointment/reappointment of members to the Richmond
Metropolitan Transportation Authority Board of Directors and
the Camp Baker Management Board.
Ayes: Holland, Elswick, Warren and Decker.
Nays: Jaeckle.
Ms. Jaeckle stated she did not have an opportunity to review
the information beforehand.
Mr. Mincks clarified that the Board can only nominate
individuals at this meeting, not appoint, because the vote on
the motion to suspend the rules was not unanimous.
8.A.1. RICHMOND METROPOLITAN TRANSPORTATION AUTHORITY BOARD
OF DIRECTORS
Ms. Jaeckle nominated Mr. Daniel Gecker to serve on the
Richmond Metropolitan Transportation Authority Board of
Directors. She stated Mr. Decker is very knowledgeable and
would be a good fit on the Board.
Mr. Decker declined Ms. Jaeckle's nomination.
On motion of Mr. Warren, seconded by Mr. Elswick, the Board
nominated Mr. James M. Holland to serve on the Richmond
Metropolitan Transportation Authority Board of Directors.
Ayes: Holland, Elswick, Jaeckle,"Warren and Decker.
Nays: None.
Mr. Warren nominated Mr. Charles R. "Dick" White and Mr.
Gregory Whirley to serve on the Richmond Metropolitan
Transportation Authority Board of Directors.
Mr. Holland nominated Mr. Bill Woodfinn to serve on the
Richmond Metropolitan Transportation Authority Board of
Directors.
(It is noted that the Board will consider the appointment of
the nominees at its July 23, 2014 meeting.)
8.A.2. CAMP BAKER MANAGEMENT BOARD
On motion of Mr. Warren, seconded by Mr. Elswick, the Board
nominated Mr. James Lumpkin and Mr. Robert Mills to serve on
the Camp Baker Management Board for reappointment.
Ayes: Holland, Elswick, Jaeckle, Warren and Decker.
Nays: None.
(It is noted that the Board will consider the reappointment
of the nominees at its July 23, 2014 meeting.)
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8.B. STREETLIGHT INSTALLATION APPROVAL
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved the following streetlight installation in the
Bermuda District:
• In the Ashley Forest subdivision
In the vicinity of 14955 Dogwood Ridge Court
Cost to install streetlight: $711.47
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.l.a. RECOGNIZING LIEUTENANT COLONEL STEVEN N. CAROZZA
FOR HIS OUTSTANDING CONTRIBUTIONS TO CHESTERFIELD
COUNTY
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, in June 2012, Lieutenant Colonel Steven N.
Carozza arrived at Fort Lee and assumed command of the 16th
Ordnance Battalion; and
WHEREAS, Lieutenant Colonel Carozza began a formal
partnership with the Matoaca District in December 2012,
establishing a strong intent to develop community ties
through his leadership and personal example, and the widely-
used term to describe his program is "Community Connect"; and
WHEREAS, the widely-used term within the U.S. Army,
Community Connect, describes active efforts to directly
engage a wide spectrum of businesses, organizations and local
community and education leaders to bring them closer to the
soldiers who serve them; and
WHEREAS, soldiers from the 16th Ordnance Battalion have
provided literally thousands of hours of community service by
way of more than 100 successful community engagement events;
and
WHEREAS, these efforts ranged throughout not only the
Mataoca District, but across all of Chesterfield County in
support of the following organizations and events: the
Chesterfield Chamber of Commerce's annual Celebration of the
Vine event; the Chesterfield Historical Society; Chesterfield
Humane Society; Sitter and Barfoot Veterans Care Center;
Habitat for Humanity; Chesterfield Veterans of Foreign Wars;
and the Chesterfield Department of Parks and Recreation; and
WHEREAS, the Battalion's support to Chesterfield County
Public Schools has included support for Beulah, Ettrick,
Falling Creek, Harrowgate, Jacobs Road, Matoaca and Elizabeth
Scott elementary schools; for Falling Creek, Manchester and
Matoaca middle schools; and for Manchester High School; and
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WHEREAS, Lieutenant Colonel Carozza has personally
developed very close relationships with several leaders
within Chesterfield County, which has allowed him to make the
necessary connections to identify additional areas of need
throughout the county where outreach efforts could help make
a difference; and
WHEREAS, Lieutenant Colonel Carozza provided both
opportunities and inspiration to his soldiers, enabling them
to develop a sense of community and to learn what it means to
be a good neighbor; and
WHEREAS, in March 2014, Fort Lee was recognized as the
Chesterfield County Public School District 2014 Volunteer
Organization of the Year in Support of Schools, largely due
to the outreach efforts of the 16th Ordnance Battalion, as
part of the 59th Ordnance Brigade; and
WHEREAS, Lieutenant Colonel Carozza departed his command
at Fort Lee on May 28, 2014, and will be assigned to the
Joint Staff at the Pentagon as his next duty position; and
WHEREAS, Lieutenant Colonel Carozza will be missed for
his leadership, community focus and ability to make
meaningful contributions to Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the exemplary
achievements and civic service of Lieutenant Colonel Steven
N. Carozza, expresses appreciation on behalf of all
Chesterfield County residents, and extends best wishes for
his continued success in his career.
Ayes: Holland, Elswick, Jaeckle, warren and Gecker.
Nays: None.
8.C.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.C.1.b.2. FIRE AND LIFE SAFETY EDUCATOR JOY F. CHAPMAN,
FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Fire and Life Safety Educator Joy F. Chapman
retired from the Chesterfield Fire and Emergency Medical
Services Department, Chesterfield County, on February 1,
2014; and
WHEREAS, Ms. Chapman has faithfully served Chesterfield
County for more than 28 years on various committees,
including the initial Critical Incident Stress Debriefing
Team, Peer Mediation Team, and Fire Department Human
Relations Committee; and
WHEREAS, Ms. Chapman represented Chesterfield Fire and
Emergency Medical Services on the Department of Fire Programs
EEO/AA Council, developing training modules used statewide
and nationally; and
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WHEREAS, Ms. Chapman has attained numerous
certifications from the Virginia Department of Fire Programs
and the National Fire Academy, including Juvenile Fire Setter
Intervention Specialist I and II, Public Fire and Life Safety
Educator I and II, Hazardous Materials Awareness, Community
Risk Management, State EEO/AA Trainer, Injury Prevention
Specialist, Course and Development and Design; and
WHEREAS, Ms. Chapman is a graduate of Chesterfield
County's Total Quality Improvement (TQI) Program; and
WHEREAS, Ms. Chapman has developed and presented
educational programs for elementary, middle, high schools and
adults, and has educated more than 40,000 residents,
providing lifesaving fire and life safety lessons; and
WHEREAS, Ms. Chapman has provided a superior level of
commitment and dedication to her work; and
WHEREAS, Ms. Chapman has displayed a helpful, courteous
and caring attitude while working with internal and external
customers; and
WHEREAS, on January 21, 2014, Ms. Chapman received the
Liberty Mutual Insurance Company's 2013 Firemark Award,
recognizing her outstanding commitment to community service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Fire and Life Safety Educator Joy F. Chapman, expresses the
appreciation of all residents for her service to the county,
and extends appreciation for her dedicated service and
congratulations upon her retirement.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.1.b.3. FIREFIGHTER II CLYDE L. KIRBY, FIRE AND EMERGENCY
MEDICAL SERVICES DEPARTMENT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Firefighter Clyde Kirby retired from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on August 1, 2013; and
WHEREAS, Firefighter Kirby began volunteering with the
Bensley Volunteer Fire Department in 1984, and began his
career as a paid firefighter in 1990; and
WHEREAS, Firefighter Kirby attended Recruit School #17,
and has faithfully served the county for more than 22 years
in various assignments, including the Dutch Gap, Bensley,
Buford, Airport, Dale, Ettrick, Winterpock, and Rivers Bend
Fire and EMS Stations; and
WHEREAS, Firefighter Kirby was certified as an Emergency
Medical Cardiac Technician in 1991; and
WHEREAS, Firefighter Kirby served two years as a member
on the SCUBA team; and
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WHEREAS, Firefighter Kirby was recognized for being the
first ALS provider to utilize aerosolized Albuterol on a
patient; and
WHEREAS, Firefighter Kirby was awarded an Emergency
Medical Services award in 1990 for lifesaving actions,
resulting in the successful cardiac arrest resuscitation; and
WHEREAS, Firefighter Kirby was recognized with an EMS
Unit Citation in 2003 for his participation in the treatment
of a motorcyclist after a violent collision with an
automobile; and
WHEREAS, Firefighter Kirby was awarded a Unit Citation
and a Life Save award in 2005 for the search and rescue of a
resident from a structure fire; and
WHEREAS, Firefighter Kirby was recognized in 2006 with a
Unit Citation award as a result of the exemplary teamwork
displayed on-scene where a car was found in a retention pond.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Clyde L. Kirby, Firefighter II, expresses the appreciation of
all residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.1.b.4. MR.S. CYNTHIA L. WADE, GENERAL SERVICES, PRINTING
CENTER
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Mrs. Cynthia L. Wade joined the Chesterfield
County Department of General Services on May 2, 1983, as a
Switchboard Operator and over the years worked her way up to
Customer Operations Supervisor in 2009; and
WHEREAS, Mrs. Wade completed the Chesterfield County
Employee Leadership Institute and the School of Quality and
Continuous Improvement courses; and
WHEREAS, Mrs. wade has an outstanding knowledge of
printing processes and products and used her skills to
produce superior documents, flyers, posters, forms, and other
printed materials; and
WHEREAS, Mrs. Wade has the knowledge to ensure efficient
operation and maintenance of all of the equipment in the
Printing Center and possesses excellent mechanical abilities;
and
WHEREAS, Mrs. Wade worked diligently for six weeks
setting up the database that is the foundation of the
Printing Center's printing software by listing all types of
paper, colors of ink, and bindery services, while also
designing the work order form, the delivery tickets and the
invoices; and
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WHEREAS, Mrs. Wade played an important part in the
undertaking of transferring production printing functions
from the Information Systems Technology (IST) Department to
the Printing Center by working with printing staff and the
equipment supplier to transfer data production work from an
obsolete impact printer at IST to the Printing Center's
equipment; and
WHEREAS, Mrs. Wade was a dependable employee who was
willing to work whenever needed and could always be depended
on when overtime was required; and
WHEREAS, Mrs. Wade has contributed cost-saving ideas and
improved processes to reduce cycle time and waste; and
WHEREAS, Mrs. Wade maintained productive relationships
with vendors, service technicians, and internal and external
customers; and
WHEREAS, Mrs. Wade promoted teamwork among all staff
members and was quick to work in any area where she was
needed; and
WHEREAS, Mrs. Wade received many compliments from
customers on her customer service skills noting that she was
a great source of information to them.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Cynthia L. Wade, expresses the
appreciation of all residents for her service to Chesterfield
County, and extends appreciation for her dedicated service to
the county and congratulations upon her retirement, as well
as best wishes for a long and happy retirement.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.1.b.5. CORPORAL GLENN M. CORBIN, POLICE DEPARTMENT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Corporal Glenn M. Corbin will retire from the
Chesterfield County Police Department on July 1, 2014, after
providing nearly 28 years of quality service to the citizens
of Chesterfield County; and
WHEREAS, Corporal Corbin has faithfully served the
county in the capacity of volunteer Special Police Officer,
Patrol Officer, Senior, Master, Career Police Officer and
Corporal; and
WHEREAS, Corporal Corbin also served as a Field Training
Officer, Evidence Technician, General Instructor, Drug
Awareness Resistance Education (DARE) Officer and School
Resource Officer; and
WHEREAS, Corporal Corbin was selected as the 1992 DARE
Officer of the Year; and
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WHEREAS, Corporal Corbin
ongoing service and dedication
in Chesterfield County, often
beyond the school day; and
received recognition for his
to the safety of the children
contributing his personal time
WHEREAS, Corporal Corbin is recognized for his
communications and human relation skills, his professionalism
and his teamwork, all of which he has utilized in serving the
citizens of Chesterfield County; and
WHEREAS, Corporal Corbin has received numerous letters
of commendation, thanks and appreciation for service
rendered; and
WHEREAS, Corporal Corbin has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Corporal Corbin's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Corporal Glenn M.
Corbin, 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.
8.C.1.b.6. MS. ARLENE R. LINDSEY, UTILITIES DEPARTMENT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Ms. Arlene R. Lindsey retired from Chesterfield
County Utilities Department on June 1, 2014; and
WHEREAS, in 1981, Ms. Lindsey began her public service
with Chesterfield County working as a Clerk Typist; and
WHEREAS, Ms. Lindsey
faithfully working for the
Senior Clerk Typist/
Specialist, Senior Office
serving as an Administrat
retirement; and
received several promotions while
Utilities Department, serving as a
Receptionist, Word Processing
Assistant, Secretary, and finally
ive Secretary from 2002 until her
WHEREAS, Ms. Lindsey was nominated as Employee of the
Year in 1987 and 1988, and was chosen as the Utilities
Department Employee of the Year in 1988; and
WHEREAS, in 1997, Ms. Lindsey successfully completed the
Process Management training as presented by John Tyler
Community College and Chesterfield University; and
WHEREAS, in 2001, Ms. Lindsey was recognized for her
contributions in assisting all sections of the Utilities
Department in developing a comprehensive and complex
illustration chart for all of the department's processes; and
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WHEREAS, in 2002, Ms.
many hours and her tire
department's Water and
Procedures Manual in a
inclusion on the county's
customers; and
Lindsey was recognized for the
less efforts in preparing the
Wastewater Specifications and
very user-friendly format for
Internet Web page for use by
WHEREAS, in 2005, Ms. Lindsey was recognized for
suggesting a process improvement to the Site Plan Staff
Developers' Meetings that provided better customer service to
those attending the weekly meetings; and
WHEREAS, Ms. Lindsey focused on and provided world-class
customer service, consistently meeting or exceeding
expectations by assuring that all customers' needs and
expectations were met in an expeditious, courteous and
effective manner; and
WHEREAS, throughout her career with Chesterfield County,
Ms. Lindsey displayed unparalleled dependability, aptitude,
good character and values.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Ms. Arlene R. Lindsey
and extends on behalf of its members and the citizens of
Chesterfield County, appreciation for 33 years of exceptional
service to the county.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.1.b.7. MS. NARIMAN M. ELFINO, UTILITIES DEPARTMENT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Ms. Nariman M. Elfino will retire from the
Chesterfield County Utilities Department on August 1, 2014;
and
WHEREAS, Ms. Elfino has served the County of
Chesterfield as a faithful employee of the Utilities
Department since 1993; and
WHEREAS, the expertise developed by Ms. Elfino during
her tenure as a drinking water chemist has enabled her to
make significant contributions to the operations of the
Addison-Evans Water Production and Laboratory Facility; and
WHEREAS, Ms. Elfino has initiated new analyses in both
ion chromatography and gas chromatography, and has performed
admirably during state inspections by always receiving the
highest marks for her work; and
WHEREAS, Ms. Elfino has been instrumental in ensuring
that the analyses performed in ion chromatography and gas
chromatography to maintain certification were of the highest
quality, and she passed her first performance study after
being with the plant less than a month and never failed a
parameter in any study she was involved in more than 20
years; and
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WHEREAS, Ms. Elfino is to be commended for her
willingness to serve on the Department of Utilities' Quality
Council and to eagerly learn new concepts by taking numerous
county classes earning certificates and attending many
pertinent analytical instrumentation seminars; and
WHEREAS, Ms. Elfino always thoroughly monitored the
results of drinking water samples and communicated to
management any anomalies that could be indicative of a change
in drinking-water quality; and
WHEREAS, Ms. Elfino has always presented the citizens of
Chesterfield County with the highest level of customer
service through her excellent analytical skill and timeliness
in regards to ensuring the county's drinking water is of
outstanding quality; and
WHEREAS, Ms. Elfino's professionalism in her work duties
is respected by everyone she came in contact with, including
customers, colleagues, and management.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Ms. Nariman M. Elfino
for her outstanding contributions, expresses the appreciation
of all residents for her service to the county, and extends
appreciation for her dedicated service, congratulations upon
her retirement, and best wishes for a long and happy
retirement.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.l.c. REQUIRED BY THE VIRGINIA RETIREMENT SYSTEM
REGARDING EMPLOYER RETIREMENT CONTRIBUTIONS
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution required by the Virginia
Retirement System:
BE IT RESOLVED, that CHESTERFIELD COUNTY (55120) does
hereby acknowledge that its contribution rates effective July
1, 2014, shall be based on the higher of a) the contribution
rate in effect for FY 2012, or b) eighty percent of the
results of the June 30, 2013, actuarial valuation of assets
and liabilities as approved by the Virginia Retirement System
Board of Trustees for the 2014-16 biennium (the "Alternate
Rate") provided that, at its option, the contribution rate
may be based on the employer contribution rates certified by
the Virginia Retirement System Board of Trustees pursuant to
Virginia Code § 51.1-145(I) resulting from the June 30, 2013,
actuarial value of assets and liabilities (the "Certified
Rate"); and
BE IT ALSO RESOLVED that CHESTERFIELD COUNTY (55120)
does hereby certify to the Virginia Retirement System Board
of Trustees that it elects to pay the following contribution
rate effective July 1, 2014: The Certified Rate of 15.290
BE IT ALSO RESOLVED, that CHESTERFIELD COUNTY (55120)
does hereby certify to the Virginia Retirement System Board
of Trustees that it has reviewed and understands the
information provided by the Virginia Retirement System
outlining the potential future fiscal implications of any
election made under the provisions of this resolution; and
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06/25/14
NOW, THEREFORE, the officers
(55120) are hereby authorized and
CHESTERFIELD COUNTY to carry out
resolution, and said officers of
authorized and directed to pay o`
Virginia from time to time such sums
of CHESTERFIELD COUNTY
directed in the name of
the provisions of this
CHESTERFIELD COUNTY are
~er to the Treasurer of
as are due to be paid by
CHESTERFIELD COUNTY for this purpose.
And, further, the Board adopted the following resolution:
BE IT RESOLVED, that Chesterfield County (55120) does
hereby acknowledge that the Chesterfield County School Board
has made the election for its contribution rate to be based
on the employer contribution rates certified by the Virginia
Retirement System Board of Trustees pursuant to Virginia Code
§ 51.1-145(1) resulting from the June 30, 2013, actuarial
value of assets and liabilities (the "Certified Rate"); and
BE IT ALSO RESOLVED, that Chesterfield County (55120)
does hereby certify to the Virginia Retirement System Board
of Trustees that it concurs with the election of the
Chesterfield County School Board to pay the Certified Rate,
as required by Item 467(I) of the 2014 Appropriation Act; and
NOW, THEREFORE, the officers of Chesterfield County
(55120) are hereby authorized and directed in the name of
Chesterfield County to execute any required contract to carry
out the provisions of this resolution. In execution of any
such contract which may be required, the seal of Chesterfield
County, as appropriate, shall be affixed and attested by the
Clerk.
And, further, the Board adopted the following resolution:
BE IT RESOLVED, that Chesterfield County (55120) does
hereby acknowledge that the Appomattox Regional Governor's
School has made the election for its contribution rate to be
based on the employer contribution rates certified by the
Virginia Retirement System Board of Trustees pursuant to
Virginia Code § 51.1-145(1) resulting from the June 30, 2013,
actuarial value of assets and liabilities (the "Certified
Rate"); and
BE IT ALSO RESOLVED, that Chesterfield County (55120)
does hereby certify to the Virginia Retirement System Board
of Trustees that it concurs with the election of the
Appomattox Regional Governor's School to pay the Certified
Rate, as required by Item 467 (I) of the 2014 Appropriation
Act; and
NOW, THEREFORE, the officers of Chesterfield County
(55120) are hereby authorized and directed in the name of
Chesterfield County to execute any required contract to carry
out the provisions of this resolution. In execution of any
such contract which may be required, the seal of Chesterfield
County, as appropriate, shall be affixed and attested by the
Clerk.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.C.2. APPROVAL OF GRANT SUBMISSIONS
8.C.2.a. FOR THE 2014 COPS HIRING GRANT PROGRAM
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
approved the submission of the 2014 COPS Hiring Grant Program
for the purpose of hiring 15 additional officers beyond the
general budget allocation.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.2.b. FOR THE 2014 VIRGINIA DEPARTMENT OF EMERGENCY
MANAGEMENT STATE HOMELAND SECURITY PROGRAM
SUSTAINABILITY PROJECT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
approved the submission of the 2014 Virginia Department of
Emergency Management State Homeland Security Program
Sustainability Project grant application for the purpose of
requesting funds to replace all of the radios .on the Mobile
Command Center, as well as replace audio/visual equipment and
environmental systems.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.3. REQUEST TO SUBORDINATE A DEED OF TRUST FOR A
COMMUNITY DEVELOPMENT BLOCK GRANT LOAN FOR FELICIA
TURNER-WARD
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
authorized the County Administrator to sign all documents
necessary to subordinate Felicia Turner-Ward's Community
Development Block Grant loan to a restructured loan from
Wells Fargo bank.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.4. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING
CHAPTER 10, FIRE PROTECTION, OF THE COUNTY CODE
On motion of Mr. Warren, seconded by Ms. Jaeckle, the
Board set July 23, 2014, as the date for a public hearing
to consider amending Chapter 10, Fire Protection, of the
County Code.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.5. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE DALE
DISTRICT IMPROVEMENT FUND TO THE PARKS AND RECREATION
DEPARTMENT TO PURCHASE AND INSTALL NEW PLAYGROUND
EQUIPMENT AT J. G. HENING ELEMENTARY SCHOOL
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
approved the transfer of $5,000 from the Dale District
Improvement Fund to the Parks and Recreation Department to
purchase and install new playground equipment at J. G. Hening
Elementary School.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.C.6. STATE ROAD ACCEPTANCES
On motion of Mr. Warren, seconded by Ms. Jaeckle, 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: Heron Pointe
Type Change to the Secondary System of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Heron Pointe Boulevard, State Route Number 7750
From: Genito Road, (Route 604)
To: Heron Pointe Way, (Route 7751), a distance of: 0.13
miles.
Recordation Reference: Plat Book 186, Page 21
Right of Way width (feet) = 70
• Heron Pointe Place, State Route Number 7753
From: Heron Pointe Way, (Route 7751)
To: Cul-de-Sac, a distance of: 0.08 miles.
Recordation Reference: Plat Book 186, Page 21
Right of Way width (feet) = 50
• Heron Pointe Terrace, State Route Number 7754
From: Heron Pointe Way, (Route 7751)
To: Cul-de-Sac, a distance of: 0.05 miles.
Recordation Reference: Plat Book 186, Page 21
Right of way width (feet) = 50
• Heron Pointe Way, State Route Number 7751
From: Heron Pointe Place, (Route 7753)
To: Heron Pointe Terrace, (Route 7754), a distance of: 0.06
miles.
Recordation Reference: Plat Book 186, Page 21
Right of Way width (feet) = 50
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~ Heron Pointe Terrace, State Route Number 7754
From: End of Heron Pointe Way, (Route 7751)
To: Cul-de-Sac, a distance of: 0.08 miles.
Recordation Reference: Plat Book 186, Page 21
Right of Way width (feet) = 50
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: Ashton Village Section A at Charter
Colony
Type Change to the Secondary System 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
• Ashton Village Lane,
From: Charter Park Drive,
To: Ashton Village Court,
miles.
Recordation Reference: P1
Right of Way width (feet)
State Route Number 7745
(Route 7354)
(Route 7746), a distance of: 0.11
at book 215, Page 41
= 44
• Ashton Village Lane, State Route Number 7745
From: Ashton Village Court, (Route 7746)
To: Cul-de-Sac, a distance of: 0.07 miles.
Recordation Reference: Plat book 215, Page 41
Right of Way width (feet) = 44
• Ashton Village Court, State Route Number 7746
From: Ashton Village Lane, (Route 7745)
To: Cul-de-Sac, a distance of: 0.09 miles.
Recordation Reference: Plat book 215, Page 41
Right of Way width (feet) = 44
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06/25/14
And, further, the Board adopted the following resolution:
WHEREAS, the street described below is 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
street meets 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 street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
AND, BE IT FURTHER RESOLVED, this Board hereby warrants
the subject street to be free of faulty workmanship and
materials and agrees to reimburse the Virginia Department of
Transportation for any cost it incurs in the repair of faults
corrected during the period of one year from this date,
provided such faults are due to faulty workmanship or a
failure of materials, paying such sum within 45 days of
receiving an invoice for the same from said Department.
Project/Subdivision: Branders Creek Drive - Remainder
Type Change to the Secondary System of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Branders Creek Drive, State Route Number 5909
From: South Chalkley Road, (Route 632)
To: Rivington Drive, (Route 1570), a distance of: 0.27 miles.
Recordation Reference: Deed Book 5357, Page 726
Right of Way width (feet) = 90
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,
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pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Summer Lake Section 7
Type Change to the Secondary System of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Lake Summer Loop, State Route Number 7747
From: End of Lake Summer Drive, (Route 5657)
To: The Cul-de-Sac, a distance of: 0.07 miles.
Recordation Reference: Plat Book 215, Page 92
Right of Way width (feet) = 44
• Lake Summer Drive, State Route Number 5657
From: 0.12 miles northwest of Jenway Loop, (Route 7080)
To: Lake Summer Loop, (Route 7747), a distance of: 0.06
miles.
Recordation Reference: Plat Book 215, Page 92
Right of Way width (feet) = 50
• Tree View Court, State Route Number 7748
From: Lake Summer Loop, (Route 7747)
To: The Cul-de-Sac, a distance of: 0.18 miles.
Recordation Reference: Plat Book 215, Page 92
Right of Way width (feet) = 40
• Lake Summer Loop, State Route Number 7747
From: Burtonwood Place, (Route 7749)
To: The End of Maintenance, a distance of: 0.02 miles.
Recordation Reference: Plat Book 215, Page 92
Right of Way width (feet) = 44
• Lake Summer Loop, State Route Number 7747
From: Lake Summer Drive, (Route 5657)
To: Tree View Court, (Route 7748), a distance of: 0.07 miles.
Recordation Reference: Plat Book 215, Page 92
Right of Way width (feet) = 44
• Lake Summer Loop, State Route Number 7747
From: Tree View Court, (Route 7748)
To: Burtonwood Place, (Route 7749), a distance of: 0.07
miles.
Recordation Reference: Plat Book 215, Page 92
Right of Way width (feet) = 44
• Burtonwood Place, State Route Number 7749
From: Lake Summer Loop, (Route 7747)
To: The Cul-de-Sac, a distance of: 0.05 miles.
Recordation Reference: Plat Book 215, Page 19
Right of Way width (feet) = 40
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.C.7. AWARD OF CONSTRUCTION CONTRACTS
8.C.7.a.
UNIVERSITY PROJECT
FOR THE RIVER ROAD WATERLINE TO VIRGINIA STATE
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
awarded a construction contract for County Project #12-0131,
River Road Waterline to Virginia State University, to Walter
C. Via Enterprises, Inc. in the amount of $975,188 and
authorized the County Administrator to execute the necessary
documents.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.7.b. FOR THE DUNDAS ROAD VALVE AND VAULT REPLACEMENT
PROJECT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
awarded a construction contract for County Project #13-0259,
Dundas Road Valve and Vault Replacement, to Mid State
Construction Company, Inc., in the amount of $397,476 and
authorized the County Administrator to execute the necessary
documents.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.8. REQUESTS FOR PERMISSION
8.C.8.a. FROM 6801 WOOLRIDGE ROAD - MOSELEY, LP TO INSTALL
PRIVATE SEWER AND WATER SERVICES WITHIN PRIVATE
EASEMENTS TO SERVE PROPERTY ON CHAMPIONSHIP
CROSSING
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
granted 6801 Woolridge Road - Moseley, LP permission to
install private sewer and water services within private
easements to serve property on Championship Crossing, and
authorized the County Administrator to execute the connection
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.8.b. FROM DANIEL F. MARTIN AND MARY K. MARTIN FOR A
PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT
EASEMENT FOR SWIFT CREEK RESERVOIR
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
granted Daniel F. Martin and Mary K. Martin permission for a
proposed boat dock to encroach in the impoundment easement
for Swift Creek Reservior, subject to the execution of a
license agreement. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.C.8.c. FROM ALEXANDER RODRIGUEZ AND EVA A. ALMONTE TO
CONSTRUCT A GRAVEL DRIVEWAY WITHIN A VARIABLE WIDTH
UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS NORTH
BAILEY BRIDGE ROAD
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
granted Alexander Rodriguez and Eva A. Almonte permission to
construct a gravel driveway within a variable width
unimproved county right of way known as North Bailey Bridge
Road to access property at 11515 Genito Road, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.8.d. FROM DAVID A. WINFIELD AND DANIELLE L. WINFIELD FOR
A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT
DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS
LOT 31, PRESCOTTS LEVEL SECTION 1 AT FOXCREEK
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
granted David A. Winfield and Danielle L. Winfield permission
for a proposed fence to encroach within a 16' drainage
easement and an 8' easement across Lot 31, Prescotts Level
Section 1 at Foxcreek, subject to the execution of license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.9. REQUEST TO QUITCLAIM PORTIONS OF A VARIABLE WIDTH
TEMPORARY TURNAROUND EASEMENT, A VARIABLE WIDTH
DRAINAGE EASEMENT (PUBLIC), A SIXTEEN-FOOT SEWER
EASEMENT AND A VARIABLE WIDTH SEWER AND WATER
EASEMENT ACROSS THE PROPERTY OF ELEMENT AT
STONEBRIDGE, LLC
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate
portions of a variable width temporary turnaround easement, a
variable width drainage easement (Public), a 16' sewer
easement and a variable width sewer and water easement across
the property of Element at Stonebridge, LLC. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.10. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND FOR
FIRE AND EMERGENCY MEDICAL SERVICES STATION 25
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
approved the purchase of a parcel of land containing 5.7
acres, more or less, with improvements, for $575,000, from
Carol W. Berger for Fire and EMS Station 25, and authorized
the County Administrator to execute the sales contract and
deed and appoint James Fitch, Assistant Chief, Fire and EMS,
as the Board's Agent for the conditional use application. (It
is noted a copy of the plat is filed with the papers of this
Board . )
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.C.11. ACCEPTANCE OF A PARCEL OF LAND ALONG IRONBRIDGE ROAD
FROM KROGER LIMITED PARTNERSHIP
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
accepted the conveyance of a parcel of land containing 0.410
acres along Ironbridge Road from Kroger Limited Partnership,
and authorized the County Administrator to execute the deed.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.12. APPROVAL OF WATER AND SEWER CONTRACT FOR HALLSLEY,
SECTION 10
On motion of Mr. Warren, seconded by Ms. Jaeckle, the
Board approved a revised water and sewer contract for
Hallsley, Section 10, Contract Number 13-0019 and
authorized the County Administrator to execute any
necessary documents.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.13. APPROVAL OF PERFORMANCE AGREEMENT AND FIRST
AMENDMENT TO PERFORMANCE AGREEMENT BETWEEN THE
COUNTY, THE ECONOMIC DEVELOPMENT AUTHORITY AND
EVONIK GOLDSCHMIDT CORPORATION
On motion of Mr. Warren, seconded by Ms. Jaeckle, the
Board approved the Performance Agreement and First
Amendment between the county, the Economic Development
Authority, and Evonik Goldschmidt Corporation, as well as
transferred and appropriated the associated grant funding.
(It is noted copies of the Performance Agreement and the
First Amendment are filed with the papers of this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.14. APPROVAL OF FIFTH AMENDMENT TO THE PURCHASE AND SALE
AGREEMENT FOR THE CLOVERLEAF MALL PROPERTY
On motion of Mr. Warren, seconded by
Board approved the Fifth Amendment to
restated purchase and sale agreement
Realty Holdings, LLC for the Cloverleaf
is noted the First Amendment is filed w
this Board.)
Ms. Jaeckle, the
the amended and
with Stonebridge
Mall Property.(It
ith the papers of
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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8.C.15. APPROVAL OF A CHANGE ORDER TO THE MAINTENANCE
CONTRACT FOR THE CHESTERFIELD TOWNE CENTER-SOUTHPORT
AREA SERVICE DISTRICT, AND A REQUEST TO GRANT
SUBSEQUENT CHANGE ORDER AUTHORITY RELATED TO THE
PROJECT TO THE COUNTY ADMINISTRATOR
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
authorized a change order to the maintenance contract for the
streetscape improvements along western Midlothian Turnpike
and granted the County Administrator change order authority
for any subsequent changes in the maintenance contract,
providing they remain in budget.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.16. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY
On motion of Mr. warren, seconded by Ms. Jaeckle, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Virginia
Electric and Power Company for a 15' underground easement for
the Harrowgate Fire and EMS Station 21 at 16901 Harrowgate
Road. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.C.17. APPROVAL OF FY2014 YEAR-END ADJUSTMENTS
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
took the following actions:
a. Authorized the County Administrator to assign and
re-appropriate into a revenue stabilization reserve
all unspent, or otherwise unreserved, FY2014
appropriations that are in excess of the FY2015
budgeted unassigned beginning fund balance of
$55,000,000, contingent upon positive results of
operations.
b. Appropriated revenues and expenditures for specific
programs as well as authorized reallocations among
general fund departments and related funds and made
adjustments to revenues and expenditures as outlined
on Schedule A in the papers of this Board.
c. Appropriated revenues and expenditures and
authorized other adjustments for specific programs,
projects and non-general fund departments as
outlined on Schedule B in the papers of this Board.
d. Authorized the County Administrator to assign and
re-appropriate various revenues and unspent
expenditures contingent upon positive results of
operations as determined by the county's financial
audit as outlined on Schedule C in the papers of
this Board.
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e. Appropriated revenues and expenditures and
authorized other adjustments for the school division
as outlined on Schedule D in the papers of this
Board, along with other associated transfers
required as a result of the requested actions.
f. Authorized the County Administrator to assign and
re-appropriate $2,583,900 in school division funds
and $36,000 in Appomattox Regional Governor's School
funds, contingent upon positive results of
operations as determined by the county's financial
audit as outlined on Schedule E in the papers of
this Board.
g. Authorized the County Administrator to assign and
re-appropriate $309,000 in Utility Department funds,
contingent upon positive results of operations as
determined by the county's financial audit.
Ayes: Holland, Elswick, Jaeckle, Warren and Decker.
Nays: None.
8.C.18. REQUEST FOR A PERMIT TO STAGE A FIREWORKS DISPLAY AT
THE SUNDAY PARK PENINSULA OF BRANDERMILL
On motion of Mr. Warren, seconded by Ms. Jaeckle, the
Board approved a request for a permit to stage a fireworks
display at the Sunday Park Peninsula of Brandermill on
July 4, 2014, with a rain date of July 12, 2014.
Ayes: Holland, Elswick, Jaeckle, Warren and Decker.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
On motion of Mr. Decker, seconded by Mr. Warren, the Board
approved the following reports: a Report on Developer water
and Sewer Contracts; and a Report on Status of General Fund
Balance, reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Holland, Elswick, Jaeckle, Warren and Decker.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711.A.7.,
CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION
WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS
REQUIRING THE PROVISION OF LEGAL ADVICE
It was generally agreed that the Closed Session be moved
to the end of the evening session due to time constraints.
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12. DINNER
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
recessed to Room 502 for dinner.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Reconvening:
13. INVOCATION
Mr. William Dupler, Deputy County Administrator, gave the
invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
~.
Eagle Scout Zachary Zumbo led the Pledge of Allegiance to the
Flag of the United States of America.
15. RESOLUTIONS
15.A. RECOGNIZING MR. L. DENNIS COLLINS, COMMONWEALTH
ATTORNEY'S OFFICE, UPON HIS RETIREMENT
Mr. Davenport introduced Mr. L. Dennis Collins, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution.
WHEREAS, Mr. L. Dennis Collins, will retire from the
Chesterfield County Commonwealth Attorney's Office on July 1,
2014, after providing more than 26 years of dedicated and
professional service to the citizens of Chesterfield County;
and
WHEREAS, Mr. Collins faithfully served the county in the
capacity of Assistant Commonwealth's Attorney, Deputy
Commonwealth's Attorney, and Senior Deputy Commonwealth's
Attorney; and
WHEREAS, Mr. Collins was a mentor and intern supervisor
to numerous law students who have interned in the
Commonwealth Attorney's Office, helping to hone their skills
and launch their careers throughout the Commonwealth of
Virginia; and
WHEREAS, Mr. Collins has shared his expertise by
teaching in the Chesterfield Police Academy, Chesterfield
Sheriff's Academy, the Virginia State Police Academy,
Commonwealth Attorney Services Counsel and the District
Court, and presenting programs for public and private school
and civic organizations; and
WHEREAS, Mr. Collins was instrumental in the development
of the Chesterfield County Pretrial Services Program, the
Court Appointed Scheduling System and in creating a method to
give notice of suspensions to suspend or revoke offenders by
police and eliminating the need for DMV representatives to
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appear in court, all saving substantial funds for the county
and state; and
WHEREAS, Mr. Collins has served as a special prosecutor
to numerous other counties and cities on cases where the
local prosecutor had a conflict of interest; and
WHEREAS, Mr. Collins has been recognized for his
expertise in arson and identity theft prosecution and has
served with distinction on the Chesterfield Commonwealth's
Attorney Crash Team; and
WHEREAS, Mr. Collins has prosecuted all types of cases
in the Chesterfield County Circuit and District Courts from
homicides, arsons, rapes, robberies and burglaries, to DUIs,
stalking, thefts and assaults; and
WHEREAS, Mr. Collins is much more than a prosecutor, he
is a man of many talents and interests with a unique sense of
humor and a keen sense of justice; and
WHEREAS, Mr. Collins is truly the heart of the
Commonwealth Attorney's Office, looking out for attorneys and
support staff alike, recognizing co-workers as people first,
and he has a unique personality and commitment to his
profession; and
WHEREAS, Mr. Collins is well respected by the judiciary
court, law enforcement, and the defense bar, and is known for
being very tough, but above all, fair; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mr. Collins' diligent and loyal
service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of June 2014,
publicly recognizes Mr. L. Dennis Collins, and extends on
behalf of its members and the citizens of Chesterfield
County, appreciation for his service to the county,
congratulations upon his retirement, and best wishes for a
long and happy retirement.
AND,. BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Collins and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Mr. Holland presented the executed resolution to Mr. Collins,
commended him for his dedication and many years of service to
the county, and wished him a long and enjoyable retirement.
Mr. Stegmaier presented Mr. Collins with an acrylic statue
and county watch, congratulated him on his retirement and
expressed appreciation for his outstanding service to the
county.
Mr. Collins expressed his appreciation to the Board for the
special recognition.
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15.B. RECOGNIZING JUNE 2014 AS "BUSINESS APPRECIATION MONTH"
IN CHESTERFIELD COUNTY
Mr. Davis introduced Mr. Doug Horton, Chairman of the Board
of Directors, Chesterfield County Chamber of Commerce, Mr.
John Bennett, Chairman of the Chesterfield Business Council,
Mr. Jeff Siffert, Chair Elect, Chesterfield Business Council
and Mr. Mark Hickman, Program Manager, Greater Richmond
Chamber of Commerce.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Chesterfield County has a thriving base of
business and industry to support the local economy; and
WHEREAS, Chesterfield County businesses are both
domestically and internationally based and range in size from
very small entrepreneurial companies to large companies; and
WHEREAS, Chesterfield County businesses provide an array
of products and services to customers throughout the world;
and
WHEREAS, Chesterfield County businesses provide
meaningful employment, fundamental to maintaining a healthy
and vibrant economy; and
WHEREAS, business tax revenues paid by Chesterfield
County businesses are critical in offsetting the cost of
services required by our citizens; and
WHEREAS, Chesterfield County businesses take an active
role in making the community a better place through their
commitment to charitable organizations, schools, recreation
and other worthwhile endeavors; and
WHEREAS, Governor McAuliffe has declared June 2014 as
"Business Appreciation Month" in the Commonwealth of
Virginia.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of June 2014,
hereby expresses its gratitude on behalf of county residents
to all businesses and industry located in Chesterfield for
their contributions over many years by recognizing June 2014
as "Business Appreciation Month" in Chesterfield County.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Mr. Holland presented the executed resolutions to the
business representatives and expressed appreciation to
existing businesses in Chesterfield County for their many
contributions.
Each representative thanked the Board for the special
recognition.
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06/25/14
15.C. RECOGNIZING MR. ZACHARY J. ZUMBO UPON ATTAINING THE
RANK OF EAGLE SCOUT
Ms. Pollard introduced Mr. Zachary J. Zumbo who was present
to receive the 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 his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Zachary J. Zumbo,
Troop 2815, sponsored by Chester United Methodist Church, has
accomplished those high standards of commitment and has
reached the long-sought goal of Eagle Scout, which is
received by only four percent of those individuals entering
the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Zachary has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE, BE IT RESOLVED
County Board of Supervisors, this
publicly recognizes Mr. Zachary
congratulations on his attainment
acknowledges the good fortune of the
outstanding young man as its citizen.
that the Chesterfield
5th day of June 2014,
J. Zumbo, extends
of Eagle Scout, and
county to have such an
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolution and patch to
Mr. Zumbo, accompanied by his family, congratulated him on
his outstanding achievements, and wished him well in future
endeavors.
Mr. Zumbo provided details of his Eagle Scout project and
expressed appreciation to his family and others for their
support.
16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
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17. 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
14SN0572
In Midlothian Magisterial District, Shayma E. Said requests
conditional use to permit a stock farm (keeping of fowl) and
amendment of zoning district map in an Agricultural (A)
District on 2.3 acres known as 1906 Otterdale Road. 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 716-697-3404.
Mr. Turner stated Mr. Decker is requesting a 30-day deferral
to the July 23, 2014 regularly scheduled meeting.
Ms. Shayma Said accepted the deferral.
Mr. Holland called for public comment.
No one came forward to speak to the deferral.
Mr. Gecker apologized to those in the audience who came to
speak to the case. He stated he received feedback from the
Health Department and there is an issue that needs to be
resolved before presenting the case to the Board.
Mr. Gecker then made a motion, seconded by Mr. Warren, for
the Board to defer Case 14SN0572 until July 23, 2014.
Ayes: Holland, Elswick, Jaeckle, Warren and Decker.
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 60-day deferral
to the August 27, 2014 regularly scheduled meeting. He noted
the applicant has consented to the deferral.
The applicant was not present.
Mr. Holland called for public comment.
No one came forward to speak to the deferral.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
deferred Case 14SN0554 until August 27, 2014.
Ayes: Holland, Elswick, Jaeckle, Warren and Decker.
Nays: None.
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14HP0147
In Dale Magisterial District, First Baptist Church of
Centralia requests historic landmark designation for the
Historic First Baptist Church of Centralia (parcel and
structure) in a Residential (R-7) District on 1 acre known as
4412 Centralia Road. The Comprehensive Plan suggests the
property is appropriate for Residential use (1 dwelling per
acre or less). Tax ID 786-664-6124.
Mr. Turner provided a summary of Case 14HP0147 and stated the
Historical Society, Planning Commission and staff recommended
approval of the request.
Deaconess Dr. Jane J. Baskerville, Chair of The First Baptist
(Centralia) History Committee, requested the Board's approval
of the Historical Landmark Designation. She gave a brief
explanation of the historical background of the First Baptist
Church of Centralia.
Dr. Wilson E.B. Shannon, the current Pastor of First Baptist
Church of Centralia, expressed his appreciation to members of
the Historical Society, Planning Commission and Board of
Supervisors for consideration of the Historical Landmark
Designation. He asked the Board for their approval of the
request.
Ms. Jaeckle expressed appreciation to members of the First
Baptist Church of Centralia and Dr. Shannon for their resolve
to rebuild the historic structure.
Mr. Holland called for public comment.
Ms. Carol Waller, Chair of the Trustee Ministry, urged the
Board to approve the Historical Landmark Designation. She
then gave a brief explanation of the historical reputation of
the church.
Ms. Teresa Wagenknecht, representing the Chesterfield County
Historical Society, recommended approval of the Historical
Landmark Designation. She stated the site is of special
historical significance for the county.
Deacon Jerrell Moten, Vice Chair of the Deacon Ministry,
urged the Board to approve the application for a Historical
Landmark Designation.
Deaconess Mea Friend urged the Board to approve the
Historical Landmark Designation.
Ms. Linda Ervin and Ms. Mamie Pierce, members of the church,
urged the Board to grant approval of the Historical Landmark
Designation. They also exhibited an authentic parcel of the
1867 church building foundation.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
approved Historic Landmark Designation for the property of
Case 14HP0147.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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14RW0207
In Dale Magisterial District, Joshua Dylan Dickerson requests
an exception to Section 19-232 of the Chesapeake Bay
Preservation Act requirements of the Zoning Ordinance to
permit encroachment into the Resource Protection Area (RPA)
buffer along Licking Creek as a result of grading for
construction related to an above-ground swimming pool and
necessary utilities. The property is located at 6624 Corcoran
Drive, which is within the Falling Creek drainage basin. Tax
ID # 760-675-4351.
Mr. Turner provided a summary of Case 14RW0207 and stated
staff recommended approval, subject to the conditions.
Mr. Joshua Dickerson accepted the conditions.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved Case 14RW0207, subject to the following conditions:
1. The mitigation measures outlined in the document titled
Water Quality Impact Assessment - 6624 Corcoran Drive -
Proposed Swimming Pool Construction -Chesterfield,
Virginia, prepared for Joshua Dylan Dickerson; dated May
1, 2014 shall be incorporated and implemented during the
plan review process and after construction. (EE)
2. The Department of Environmental Engineering may approve
alternative mitigation measures if it is determined that
such alternatives will not increase impacts to the
Resource Protection Area (RPA) or downstream water
bodies. (EE)
3. As mitigation for the encroachment the applicant shall
maintain erosion and sediment control measures as
required by the Department of Environmental Engineering
and ensure preservation of the remaining vegetation.
(EE)
4. Approval of this exception is for encroachment into the
RPA buffer only and does not guarantee development of
the site as explicitly proposed in the WQIA referenced
in Condition 1 above. Development of the site is subject
to all ordinance requirements, review processes,
building permits and/or other requirements currently
adopted at the time of plans review
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14SN0566
In Bermuda Magisterial District, Happy Boxes Rivers Bend, LLC
requests a conditional use to permit a computer controlled
variable message electronic sign and amendment of zoning
district map in a General Industrial (I-2) District on 7.4
acres known as 1350 West Hundred Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Community Mixed use. Tax ID 807-653-4067.
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Mr. Turner presented a .summary of Case 14SN0566 and stated
both the Planning Commission and staff recommended approval,
subject to the one condition.
Mr. Dick Shively, representing the applicant, accepted the
one condition.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved Case 14SN0566, subject to the following condition:
In addition to ordinance requirements, any computer-
controlled, variable message, electronic sign shall conform
to the following standards:
a. Copy shall be limited to a maximum of three (3) lines
and shall not move but may fade;
b. The message or display shall be programmed to change no
more than once every thirty (30) seconds;
c. Sequential messaging shall be prohibited;
d. Flashing and traveling messages shall be prohibited;
e. Bijou lighting and animation effects shall be
prohibited;
f. The electronic message center shall be incorporated into
an architecturally designed sign structure that is
compatible and complimentary to the building it serves;
and
g. Brightness shall be limited so as not to exceed 0.3 foot
candles above ambient light as measured using a foot
candle meter at a distance of seventy-seven (77) feet.
The sign shall have a photocell that automatically
adjusts the brightness according to the ambient light
conditions. (P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14SN0568
In Dale Magisterial District, Donna L. Williams requests
conditional use to permit a family day-care home and
amendment of zoning district map in a Residential (R-12)
District on .5 acre known as 4100 Dodds Ridge Drive. Density
will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential II use (2.0 to 4.0
dwellings per acre). Tax ID 755-686-9399.
Mr. Turner presented a summary of Case 14SN0568 and stated
both the Planning Commission and staff recommended approval,
subject to the proffered conditions.
Ms. Donna Williams accepted the recommendation.
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Mr. Holland called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Ms. Jaeckle, approved
Case 14SN0568 and accepted the following proffered
conditions:
1. Non-Transferable
approval shall be
exclusively, and
the land. (P)
2. Expansion of Use:
or alterations to
this use. (P)
Ownership: This conditional use
granted to and for Donna L. Williams,
shall not be transferable nor run with
There shall be no exterior additions
the existing structure to accommodate
3. Signage: There shall be no signs permitted to identify
this use. (P)
4. Number of Children: This conditional use approval shall
be limited to providing care, protection and guidance to
a maximum of twelve (12) children, other than the
applicant's own children, at any one time. (P)
5. Hours of Operation: Hours and days of operation shall be
limited to Monday through Friday from 6 a.m. to 6 p.m.
There shall be no Saturday or Sunday operation of this
use. (P)
6. Time Limitation: This conditional use approval shall be
granted for a period not to exceed ten (10) years from
the date of approval. (P)
7. Fenced Outdoor Play Areas: Any outdoor play area and/or
recreational equipment utilized by the family day-care
home shall be located in the side or rear yard of the
property. Outdoor play and/or recreational equipment
areas shall have perimeter fencing of at least four (4)
feet in height, installed around the equipment or play
area. Equipment for outdoor play areas shall be located
no closer than fifteen (15) feet to the side property
lines and no closer than ten (10) feet to the rear
property line. (P)
8. Employees: No employees shall be permitted to work on
the premises other than family member employees that
live on the premises. (P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
145N0569
In Dale Magisterial District, J&B Realty, LLC requests
rezoning from Residential (R-7) and Neighborhood Business (C-
2) to Neighborhood Business (C-2) and amendment of zoning
district map on 5 acres fronting 220 feet on the west line of
Iron Bridge Road, 615 feet southwest of Omo Road. Density
will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Neighborhood Business use. Tax IDs 774-681-
6212 and 8720.
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Mr. Turner presented a summary of Case 14SN0569 and stated
both the Planning Commission and staff recommended approval,
subject to the proffered conditions.
Mr. Jack Wilson, representing the applicant, 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. Holland, seconded by Mr. Warren, the Board
approved Case 14SN0569 and accepted the following proffered
conditions:
The property owner and applicant in this case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors and assigns, proffer that the
property under consideration (the "Property") will be
developed according to the following proffers if, and only
if, the request submitted herewith is granted with only those
conditions agreed to by the owner and 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.
1. Architectural & Site Design Compatibility. The
Applicant shall develop the property as a part of a
project as defined by the zoning ordinance with Tax
IDs 775-681-0643, 0717 and 2234 (CVS properties),
and will apply architectural compatibility within a
project and consistent landscaping, parking lot
lighting, and signage throughout the project area.
(P)
2. Fencing. A wood privacy fence a minimum of six (6)
feet in height shall be installed along the
northern property line upon commencement of
development. The design and exact location of the
fence shall be determined at the time of site plan
review. (P)
3. Prohibited Uses. The following uses shall not be
permitted on the Property:
A. Churches and/or Sunday Schools
B. Rest or convalescent homes
C. Coin operated laundry facilities
D. Alternative financial institutions. (P)
4. Dedication. Prior to any site plan approval, or
within sixty (60) days of a written request by the
Transportation Department, whichever occurs first,
one hundred (100) feet of right-of-way on the west
side of Iron Bridge Road (Route 10), measured from
the centerline of that part of Route 10 immediately
adjacent to the Property, shall be dedicated, free
and unrestricted, to and for the benefit of
Chesterfield County. (T)
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5. Access. There shall be no direct vehicular access
from the property to Route 10. (T)
6. Road Improvements. To provide an adequate roadway
system, the Developer shall be responsible for the
following improvements. The exact design and length
of these improvements shall be approved by the
Transportation Department.
A. Construction of an additional lane of pavement
along the southbound lanes of Route 10 for the
entire length of the property frontage;
B. Construction of a sidewalk along the entire
property frontage to Route 10;
C. Dedication to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for the improvements
identified above. (T)
7. Phasing Plan. Prior to the issuance of an occupancy
permit for any development on Tax ID 774-681-6212
(6440 Iron Bridge Road), the road improvements
identified in Proffered Condition 7 shall be
completed as determined by the Transportation
Department. (T)
8. Drainage. Storm drainage from all impervious areas
and to the maximum extent practical, graded
pervious areas, shall be directed away from
residential properties to the north that front on
Omo Road. Storm drainage on the subject property
shall be directed towards the existing drainage
easements located on Tax ID 775-681-0717 (6400 Iron
Bridge Road). (EE)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14SN0570
In Dale Magisterial District, Branchs Bluff Development
Company requests amendment of zoning (Case 09SN0111) relative
to cash proffers and amendment of zoning district map in
Residential (R-12) District on 10.8 acres lying 270 feet off
the southern terminus of Branchs Wood Lane, 90 feet south of
Birchs Bluff Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Suburban Residential
II use (2.0 to 4.0 dwellings per acre). Tax IDs 785-670-Part
of 7367; 786-669-0085; 786-670-4173 and 4249.
Mr. Turner presented a summary of Case 14SN0570 and stated
both the Planning Commission and staff recommended approval,
subject to the one proffered condition.
Mr. Greg Holt, representing the applicant, accepted the
recommendation.
Mr. Holland called for public comment.
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There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Warren, approved
Case 14SN0570 and accepted the following proffered condition:
With the approval of this request, Proffered Condition 2 of
Case 98SN0111 would be amended as provided below. All other
conditions of Case 98SN0111 would remain in force and effect.
Cash Proffer
A. For each dwelling unit, the applicant, sub-divider, or
assignee(s) shall pay the following to the County of
Chesterfield, prior the issuance of a building permit
for infrastructure improvements within the service
district for the property; provided, however, that the
period through June 30, 2017, the applicant sub-divider,
or assignee(s) shall pay the following to the County of
Chesterfield, immediately after completion of the final
inspection:
i. $18,966.00 per dwelling unit, if paid prior to
July 1, 2017; or
ii. If paid after June 30, 2017, and before July
1, 2018, $18,966.00 per dwelling unit,
adjusted for the four year cumulative change
in the Marshall and Swift Building Cost Index
between July 1 of the fiscal year in which the
case was approved and July 1 four years later.
Thereafter, the per dwelling unit cash proffer
amount shall be automatically adjusted,
annually, by the annual change in the Marshall
and Swift Building Cost Index on July 1 of
each year.
iii . In the event the cash payment is not used for
which proffered within 15 years of receipt the
cash shall be returned in full to the payer.
iv. Should any impact fees be imposed by
Chesterfield County at any time during the
life of the development that are applicable to
the property, the amount paid in cash proffers
shall be in lieu of or credited toward but not
to be in addition to any impact fees in a
manner determined by the County.
B. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. (B&M)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
135N0527
In Dale Magisterial District, Balzer & Associates, Inc.
requests rezoning from Residential (R-7) to Community
Business (C-3) and amendment of zoning district map on 10.7
acres located in the southwest quadrant of Jessup and Iron
Bridge Roads. Density will be controlled by zoning conditions
or ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Suburban Residential II use (2.0
to 4.0 dwellings per acre), Neighborhood Office and, under
certain circumstances, Community and Regional Mixed uses. Tax
IDs 775-686-5943, 8044, 8720 and 9744; 776-686-1206, 1722 and
1746.
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Ms. Orr presented a summary of Case 13SN0527 and stated both
the Planning Commission and staff recommended approval,
subject to the proffered conditions. She further stated in
response to concerns expressed by area citizens relative to
proposed uses and screening, on June 17, 2014, the applicant
submitted revisions to proffered conditions to omit gasoline
sales as a permitted use along with all design and
architectural standards associated with fuel sales areas and
structures; and to modify standards for the fence offered as
screening along the southern and western boundaries of the
development. She stated modifications to the proffered
conditions are outlined in the addendum. She further stated
the proposed zoning and land uses comply with the
recommendation of the Comprehensive Plan; provide a positive
first impression as a gateway area of the county; provide an
adequate transition between the proposed commercial uses and
area residential uses; and, would support the recent
development of significant tourism and recreation facilities
along Ridgedale Parkway at Iron Bridge Road.
Mr. Mincks noted the Board would need to suspend its rules in
order to consider the revised proffered conditions since they
were submitted after the advertisement of the case.
Mr. Andy Scherzer, representing the applicant, stated in
response to concerns expressed by area residents relative to
proposed uses and screening, the applicant submitted revision
to the proffered conditions to omit gasoline sales as a
permitted use along with all design and architectural
standards associated with fuel sales areas and structures and
to modify standards for the fence offered as screening along
the southern and western boundaries of the development. He
respectfully requested the Board's approval of the request.
Mr. Holland called for public comment.
Ms. Dianna Parker, Bermuda District resident, stated the
applicant has covered elements regarding the gas station. She
expressed concerns relative to traffic generated by the
commercial use on connector and arterial roads.
Mr. Preston Cuneo, adjacent property owner, expressed
concerns relative to the proposed uses for the commercial
development, hours of operation and increased traffic.
Mr. Phil Lohr, Bermuda District resident, stated his mission
to form a group of neighborhood associations within the
county in hopes to alleviate citizen concerns generated by
future zoning cases.
Mr. Michael Jackson, a resident
expressed concerns relative to the
proposed rezoning on area quality of
of Rock Spring Farms, Braxton Village
stand in opposition of the case. He
the rezoning request.
of Meadowbrook Farms,
potential impact of the
life. He asked residents
and Meadowbrook Farm to
urged the Board to deny
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Holland made a motion, seconded by Mr. Warren, for the
Board to suspend its rules to allow for consideration of the
amended proffered conditions.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14-477
06/25/14
Mr. Holland made a motion to approve Case 13SN0527.
Mr. Holland expressed appreciation to residents of Rock
Spring Farms, Braxton Village and Meadowbrook Farm for their
involvement in the long and arduous process. He stated he is
comfortable with the proffered conditions.
Mr. Warren expressed appreciation to the applicant for
working with the neighboring residents.
Mr. Scherzer also expressed appreciation to the residents of
Rock Spring Farms, Braxton Village and Meadowbrook Farm for
their diligence and perseverance relative to the case. He
noted site plans will be incorporated in future zoning cases.
Ms. Jaeckle commended residents who stayed involved during
the process. She stated the community will be a reflection of
how much the citizens are willing to contribute to it.
Mr. Warren seconded Mr. Holland's motion for approval.
Mr. Holland called for the vote on his motion, seconded by
Mr. Warren, for the Board to approve Case 13SN0527 and accept
the following proffered conditions:
1. Utilities. Public water and wastewater systems shall be
used. (U)
2. Timbering. 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. Architectural Standards. Architectural treatment of all
buildings shall be compatible with Exhibit A, prepared
by Balzer and Associates and dated April 8, 2013.
Compatibility shall be achieved through use of similar
building massing, materials, scale, colors and other
architectural features, as determined by the Planning
Department at the time of plans review. In addition, all
buildings shall be subject to the following:
A. Buildings shall incorporate equal four sided
architecture such that no building exterior
(whether front, side or rear) shall consist of
inferior materials or be inferior in quality,
appearance or detail to any other exterior of the
same building.
B. A minimum of eighty percent (800) of each facade,
excluding windows and doors, shall be a mixture of
stone and brick masonry. No concrete block shall be
permitted.
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C. Vertical architectural facade features shall be
continued a minimum of ten (10) feet in depth from
the building facade.
D. Each entrance shall be accentuated with
architectural features to include, but not limited
to, structured overhangs and/or awnings.
E. All building mounted lighting shall be compatible
with the overall architectural style.
F. 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.
G. In addition to ordinance requirements for screening
mechanical equipment, buildings with a lower grade
than Iron Bridge and Jessup Roads shall employ
means, such as an increase parapet height, to
screen mechanical equipment so as not to be visible
from these roads.
H. The fascia panel of any canopy shall be minimized
by employing a pitched (A or hipped) roof design
using a roof material from the shopping
center/principle building. Support columns for any
canopy shall include a base and capital and shall
incorporate masonry materials compatible with the
shopping center/principal building.
H. 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 principal building, and
berms or other land forms. Such screening shall be
approved by the Planning Department in conjunction
with plan approval.
I. Pitched (A or hipped) roofs shall be used on all
small buildings, unless an alternate design is
approved by the Planning Commission during
schematic plan review. (P)
4. Uses. Permitted uses shall be limited as follows:
A. Permitted uses in all Tracts: .
1. Any permitted use in the C-2 District
(except as prohibited in 4.C below).
2. Contractors' offices and display rooms.
3. Liquor stores. (Not including privately
owned liquor stores.)
4. Deleted.
5. Recreational establishments, commercial-
indoor.
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06/25/14
6. Repair services, excluding motor vehicle
repair.
7. Restaurants, to include carry-out and
fast food.
8. Schools - commercial, trade vocational
and training
9. Secondhand and consignment stores,
excluding motor vehicle consignment lots,
not to exceed 3,000 SF.
10. Veterinary hospitals without outside
runs.
B. Use limitations by Tract (as identified on
Exhibit B prepared by Balzer and Associates,
dated October 7, 2013):
1. Deleted.
2. All uses permitted within Tract C shall
be limited to those uses permitted by
right or with restriction in the
Neighborhood Business (C-2) District,
unless such uses are prohibited by 4.C.
C. The following uses shall not be permitted:
1. Alternative financial institutions
2. Communications towers, unless the
structure is architecturally incorporated
into and compatible with the design of a
building used for a permitted use
3. Coin laundry
4. Funeral homes
5. Gasoline sales, petroleum sales or
fueling stations. (P)
5. Irrigation. An underground automatic irrigation system
shall be provided and maintained for the landscaping
along Route 10 and Jessup Road. (P)
6. Freestanding Lights. Freestanding parking lot lighting
fixtures shall not exceed twenty (20) feet in height.
All canopy lighting shall be of a recessed type. (P)
7. Access.
ii. Direct vehicular access from the property to
Ironbridge Road (Routel0) shall be limited to one
access. The exact location of this access shall be
approved by the Transportation Department.
iii. Direct vehicular access from the property to Jessup
Road shall be limited to one access, generally
located towards the western property line. The
exact location of this access shall be approved by
the Transportation Department. (T)
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8. Dedication. Prior to any site plan approval, or within
sixty (60) days of a written request by the
Transportation Department, whichever occurs first, the
following rights-of-way shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County:
A. Sixty (60) feet of right-of-way, on the west side
of Route 10, measured from the centerline of that
part of Route 10 immediately adjacent to the
property; and
B. Thirty-five (35) feet of right-of-way, on the south
side of Jessup Road, measured from the centerline
of that part of Jessup Road immediately adjacent to
the property. (T)
9. Screening. A minimum eight (8) foot tall solid
vinyl/composite fence shall be provided and maintained
as generally shown on Exhibit B, prepared by Balzer and
Associates and dated May 14, 2013. Such fence shall be
constructed at a minimum with 6"X6" posts, 2"X6" rails
and 6" trim caps. Provided however, that the first 200
feet of fence extending into the site from Jessup and
Iron Bridge Roads shall also incorporate masonry columns
provided thirty (30) feet on center. The Planning
Department shall approve the exact design and location
of the fence at the time of plans review. (P)
10. Intercom. Intercoms shall be permitted as accessory to
permitted uses, provided that such systems are not
audible to any adjacent property used for residential
purposes and any property located in an A, R, R-TH or R-
MF District. (P)
11. Road Improvements. Prior to issuance of an occupancy
permit on the property, the following road improvements
shall be provided:
A. Construction of an additional lane of pavement
along the southbound lanes of Route 10 for the
entire length of the property frontage;
B. Construction of additional pavement along the
southbound lanes of Route 10 at the approved access
to provide a separate right turn lane;
C. Construction of a sidewalk along the entire
property frontage to Route 10 and Jessup Road. The
exact design and location of this improvement shall
be approved by the Transportation Department;
D. Construction of additional pavement
Road to provide a five-lane typical
two (2) westbound lanes and three
lanes) at its intersection with Route
design of this improvement shall be a
Transportation Department;
along Jessup
section (i.e.
(3) eastbound
10. The exact
pproved by the
E. Construction of additional pavement along Jessup
Road at the approved vehicular access to provide
left and right turn lanes;
14-481
06/25/14
F. Full cost of traffic signal modifications at the
Route 10/Jessup Road intersection, as determined by
the Transportation Department.
12
13.
14 .
G. Dedication to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for the improvements identified
above. (T)
Drainage. No impervious surface runoff from the subject
site shall be directed toward the existing pond located
to the south. (EE)
Stormwater. The project stormwater management design
shall achieve an attenuation of the ten (10) year peak
storm from the developed contributing watershed to the
pre-development ten (10) year peak storm for the subject
property draining generally to the creek along the north
property line. In addition, stormwater management design
shall incorporate to the extent feasible, the use of
permeable pavement such as permeable concrete, permeable
asphalt or permeable paver systems. (EE)
Pedestrian walks and amenities shall be provided and
maintained between uses. These pedestrian areas shall:
A. Be constructed of decorative paving units;
B. Include decorative pedestrian style lighting; and,
C. Incorporate benches, landscaped areas, plazas,
water features, display windows, and other
pedestrian elements.
The exact design and location of these pedestrian areas
shall be approved by the Planning Department at the time
of plans review. (P)
15. A schematic plan shall be approved by the Planning
Commission prior to site plan approval when land uses
require a building permit involving a land area greater
than 2,500 square feet. (P)
16. Except for drugstore use which shall be permitted to
operate continuously within a twenty-four (24) hour
period, uses shall not be open to the public between
12:00 a.m. and 6:00 a.m. (P)
17. Deleted.
18. Deleted.
19. Deleted.
20. Deleted.
21. Dumpsters shall not be serviced between the hours of
7:00 p.m. and 7:00 a.m. (P)
22. No building shall exceed a height of two (2) stories.
(P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
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~a~rrn~~i
In Matoaca Magisterial District, Leslie D. and Dawn R. Jones
request conditional use to permit a business (group
instruction for farming practices) incidental to a dwelling
and amendment of zoning district map in an Agricultural (A)
District on 3.7 acres known as 9521 Hillhouse Drive. Density
will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential II use (2.0 to 4.0
dwellings per acre). Tax ID 741-665-3042.
Mr. Ramsey presented a summary of Case 14SN0571 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions. He further stated staff
recommends denial because the proposed land use does not
conform to the Comprehensive Plan which suggests the property
is appropriate for Suburban Residential II use (2.0 to 4.0
dwellings per acre), and the proposed land use is not
representative of, nor compatible with, existing and
anticipated area development.
Ms. Dawn R. Jones accepted the recommendation.
Mr. Holland called for public comment.
Mr. Freddy Boisseau, Bermuda District resident, urged the
Board to approve the conditional use request.
Mr. Steve Meadows urged the Board to approve the request for
farming practices.
There being no one else to speak to the issue, the public
hearing was closed.
In response to Ms. Jaeckle's question, Mr. Ramsey stated
there is an existing driveway that wraps around the property
with access to Hillhouse Drive.
On motion of Mr. Elswick, seconded by Mr. Holland, approved
Case 14SN0571 and accepted the following proffered
conditions:
1) Non-Transferable Ownership: This conditional use shall
be granted to and for Leslie and Dawn Jones,
exclusively, and shall not be transferable nor run with
the land with the exception of the applicant's son, Eli
Jones, provided Eli Jones resides on the property. (P)
2) Use Permitted: This Conditional Use approval shall be
for the operation of a business with group instruction,
incidental to a dwelling. (P)
3) Time Limitation: This Conditional Use approval shall be
granted f or a period not to exceed f ive ( 5 ) years f rom
the date of approval. (P)
4) Hours of Operation: Hours of operation shall be limited
to 10 a.m. to 6 p.m. daily. (P)
5) Expansion of Use: No new building construction shall be
permitted to accommodate this use. (P)
14-483
06/25/14
6) Employees: No employees shall be permitted to work on
the premises other than family member employees that
live on the premises. (P)
7) Group Instruction: No more than twenty (20) clients
shall be permitted on the property at any one time. No
more than seven (7) instructional classes shall be held
in a week (Monday through Sunday). (P)
8) Signage: One sign, not exceeding one (1) square foot in
area, shall be permitted to identify this use. (P)
9) Parking: No more than seven (7) vehicles for clients
shall be parked on the premises at any one time. Parking
for these vehicles shall be restricted to the area
designated as "Proposed Parking Area" on Exhibit A,
dated March 13, 2014. (P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
18. PUBLIC HEARINGS
18.A. TO CONSIDER AMENDMENTS TO THE STORMWATER MANAGEMENT
nR1~TNANCE
Mr. Smedley stated this date and time has been advertised for
the Board to consider amendments to the stormwater management
ordinance. He further stated on April 9, 2014, .the Board
adopted a stormwater Management Ordinance in Chapter 8 of the
County Code. He stated subsequent to advertising the public
notice for those ordinance amendments, Virginia's Department
of Environmental Quality notified the county of certain
necessary changes to the ordinance arising out of new
legislative changes made by the General Assembly in the 2014
legislative session. In summary, he noted these changes
incorporate the option of an "agreement in lieu of the
stormwater management plan" for single family homes; reduce
single family home fees to $209; remove registration
statement requirements for all detached single family homes;
and require that an approved stormwater management plan shall
govern the development of individual parcels within the plan,
including parcels developed under subsequent owners. He
stated the Virginia Stormwater Management Program
requirements go into effect July 1, 2014, so staff recommends
the Board approve the ordinance changes after the public
hearing.
Mr. Holland called for public comment.
In response to Mr. Steve Meadows' question regarding state
regulations, Mr. Smedley stated SWM fees are not necessarily
related to water and sewer connection. He further stated the
fee schedule that was adopted was included in the regulatory
recommendations. He noted the $209 fee is only for single
family homes and large acreages generate increased costs.
Mr. Mincks stated most of the fees are already established,
with the exception of the $209 fee associated with single
family homes.
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In response to Mr. Jesse Williams' question, Mr. Stegmaier
noted the $209 for single family homes is a one-time fee.
Mr. Smedley stated the $209 fee covers the implementation
oversight during new construction to prevent pollutants from
entering local water bodies.
There being no one else to speak to 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 SECTIONS
8-2, 8-4, 8-13 AND 8-15 RELATING TO STORMWATER MANAGEMENT
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 8-2, 8-4, 8-13 and 8-15 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted, to read as follows:
CHAPTER 8
STORMWATER MANAGEMENT AND WATER QUALITY
000
Article I. Stormwater Management
000
Sec. 8-2. Definitions.
In addition to the definitions set forth in the Virginia
Stormwater Management Regulations, as amended, which are
expressly adopted and incorporated herein by reference, the
following words and terms used in this chapter have the
following meanings unless otherwise specified herein. Where
definitions differ, those incorporated herein shall have
precedence.
000
"Agreement in lieu of a stormwater management plan"
means a contract between the VSMP authority and the owner or
permittee that specifies methods that shall be implemented to
comply with the requirements of a VSMP for the construction
of a single-family residence; such contract may be executed
by the VSMP authority in lieu of a stormwater management
plan.
000
Sec. 8-4. Stormwater management program established;
submission and approval of plans; prohibitions;
owner's responsibility for VSMP Permit.
(a) Pursuant to ~ 62.1-44:15:27 of the Code of
Virginia, the County hereby establishes a Virginia
stormwater management program for land-disturbing
activities and adopts the applicable Regulations that
specify standards and specifications for VSMPs
promulgated by the State Board for the purposes set out
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06/25/14
in section 8-1 of this chapter. The environmental
engineer is designated as the Administrator of the
County's Virginia stormwater management program.
(b) No permit shall be issued by the environmental
engineer, until the following items have been submitted
to and approved by him as prescribed herein:
(1) A permit application that includes a general
permit registration statement if such statement is
required (e.g., a registration statement is not
required for Chesapeake Bay Preservation Act land
distributing activity). A single-family detached
residential structure within or outside a common plan
of development or sale is authorized to discharge
under this general permit and is not required to
submit a registration statement;
(2) An erosion and sediment control plan approved in
accordance with the County's Erosion and Sediment
Control ordinance, Chapter 8, Article II; and
(3) A stormwater management plan that meets the
requirements of Section 8-6. Prior to land
disturbance, this plan must be approved by the
environmental engineer. An executed agreement in lieu
of a stormwater management plan may be used for
construction of a single family residence.
(c) No permit
general permit
general permit
Chesapeake Bay
activity or a
structure).
shall be issued until evidence of
coverage is obtained (except when
coverage is not required, e.g.,
Preservation Act land disturbing
single family detached residential
000
(h) A stormwater management plan that is approved for a
residential subdivision and/or commercial or industrial
site plan shall govern the development of the
individual parcels within the plan, including those
parcels developed under subsequent owners.
000
Sec. 8-13. Appeal to Circuit Court.
Any person, including the County, aggrieved by a
decision of the Deputy County Administrator made
pursuant to section 8-12, may seek judicial review of
such decision in the Circuit Court for Chesterfield
County in accordance with Va. Code ~ 62.1-44.15:46.
000
Sec. 8-15. Fees
(a) Fees to cover costs associated with implementation
of a VSMP related to land disturbing activities and
issuance of general permit coverage and VSMP authority
permits shall be imposed in accordance with Table 1.
DEQ may also assess additional fees that the County will
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collect on behalf of DEQ. These fees listed below, and
any additional fees payable to DEQ, shall be paid prior
to the issuance of a land disturbance permit. when a
site or sites has been purchased for development within
a previously permitted common plan of development or
sale, the Applicant shall be subject to fees in
accordance with the disturbed acreage of their site or
sites according to Table 1.
Table 1: Fees for permit issuance
Fee to be paid
Fee type by Applicant
to County.
Chesapeake Bay Preservation Act Land-
Disturbing Activity (not subject to
General Permit coverage; sites within
designated areas of Chesapeake Bay Act $209
localities with land-disturbance acreage
equal to or greater than 2,500 square feet
and less than 1 acre)
General / Stormwater Management - Small
Construction Activity/Land Clearing (Areas
within common plans of development or sale $209
with land disturbance acreage less than 1
acre.)
General/ Stormwater Management - All
single family detached residential
structures within or outside a common plan $209
of development
General / Stormwater Management - Small
Construction Activity/Land Clearing (Sites
or areas within common plans of
development or sale with land disturbance $1,944
acreage equal to or greater than 1 acre
and less than 5 Acres)
General / Stormwater Management - Large
Construction Activity/Land Clearing (Sites
or areas within common plans of
development or sale with land disturbance $2,448
acreage equal to or greater than 5 acres
and less than 10 acres)
General / Stormwater Management - Large
Construction Activity/Land Clearing [Sites
or areas within common plans of
development or sale with land disturbance $3,240
acreage equal to or greater than 10 acres
and less than 50 acres]
General / Stormwater Management - Large $4,392
Construction Activity/Land Clearing (Sites
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or areas within common plans of
development or sale with land disturbance
acreage equal to or greater than 50 acres
and less than 100 acres)
General / Stormwater Management - Large
Construction Activity/Land Clearing (Sites
or areas within common plans of
$6, 912
development or sale with land disturbance
acreage equal to or greater than 100
acres)
* If the project is completely administered ny ll~~ sucn
as may be the case for a state or federal project or
projects covered by individual permits, the entire
applicant fee shall be paid to DEQ.
(b) Fees for the modification or transfer of
registration statements from the general permit issued
by the State Board shall be imposed in accordance with
Table 2. If the general permit modifications result in
changes to Stormwater management plans that require
additional review by the County, such reviews shall be
subject to the fees set out in Table 2. The fee
assessed shall be based on the total disturbed acreage
of the site. In addition to the general permit
modification fee, modifications resulting in an increase
in total disturbed acreage shall pay the difference in
the initial permit fee paid and the permit fee that
would have applied for the total disturbed acreage in
Table 1.
000
(2) That this ordinance shall become effective on July 1,
2014.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
18.B. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO
NATURAL RESOURCE INVENTORY SUBMITTAL
Mr. Cash stated this date and time has been advertised for
the Board to consider amendments to the County Code relative
to natural resource inventory submittal. He further stated
the current ordinance requires a Natural Resource Inventory
(NRI) be submitted for all applications for rezoning,
conditional use, conditional use planned development, and
conditional zoning in the Upper Swift Creek Watershed with
three available exemptions to the NRI requirement.
Mr. Holland called for public comment.
In response to Mr. Steve Meadows' question, Mr. Smedley
stated an example of a case that precipitated the change
would be a retail site that was fully developed in the Upper
Swift Creek Watershed; based on the ordinance the way it is
written now, there would be a requirement to complete the
Natural Resource Inventory Assessment and it would have no
impact on any environmental features in the area. He further
stated that requirement really was not material to the case
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moving forward. He stated the inventory includes an
assessment of wetlands, 100-year floodplains, slopes greater
than 25 percent, soil groups, threatened endangered species,
greenways, abandoned or existing mines or quarries, and
historical archeological sites.
In response to Mr. Warren's question, Mr. Mincks stated
ultimately it is a planning process to determine stormwater
mitigation features or it can be done in conjunction with BMP
planning in the Upper Swift Creek Watershed.
Mr. Smedley stated the reason for change was to not require
something that was not going to be material to the case.
Mr. Elswick commended Mr. Smedley for his common sense
approach to SWM issues and stated he cannot remember the last
time he received a complaint against the Department of
Environmental Engineering.
There being no one else to speak to 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 19-238 RELATING TO
NATURAL RESOURCE INVENTORY IN THE UPPER SWIFT CREEK WATERSHED
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-238 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 19-238. Development regulations.
Any use, development or redevelopment of land in the
Upper Swift Creek Watershed shall meet the following
performance criteria:
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(e) An application for rezoning, conditional use,
conditional use planned development, and
conditional zoning in the Upper Swift Creek
Watershed shall include a natural resource
inventory for the proposed development site except
as set forth below. The natural resource inventory
is a planning level tool used for the analyses of
the project area to enable future development the
opportunity to incorporate stormwater mitigation
and conservation designs while avoiding sensitive
environmental features for the protection of their
role as it relates to water quality. The
information may be used for the project's overall
stormwater management plan and should protective
measures or non-structural stormwater practices be
found beneficial to water quality and acceptable in
the form of a proffered condition, the director of
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environmental engineering at construction plan or
site plan review may credit the resulting
stormwater benefits towards the project's required
pollutant load reduction.
(1) An application is exempt from the requirement
to provide a natural resource inventory when:
a. Land disturbance of the proposed
development site will be less than 2,500
square feet in area;
b. It proposes only the construction of a
single family residential dwelling that
is not part of a subdivision;
c. It seeks only construction of water,
sewer, natural gas, underground
telecommunications or cable television
lines, railroads, or public roads;
d. The proposed development site already has
existing development such that, in the
discretion of the director of
environmental engineering, a natural
resource inventory is unnecessary to
evaluate the application; or
e. The request is to amend a condition or
conditions of a prior zoning approval
where the director of environmental
engineering determines that:
i. the amendment does not substantially
alter the natural resource inventory
provided with the original zoning
approval; or
ii. the required natural resource
inventory components have been
substantially addressed through
previous development or zoning
approval.
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(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
18.C. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO
WIND ENERGY SYSTEMS
Mr. Cash stated this date and time has been advertised for
the Board to consider amendments to the County Code relative
to wind energy systems. He further stated at the direction of
the Planning Commission, staff prepared an amendment to Wind
Energy System (WES) requirements to provide additional
setback provisions for the use when located on county owned
or maintained property to provide a fall zone to prevent harm
to the public. In addition, he stated certain other changes
to the ordinance have been provided to comply with industry
rating standards and to clarify measurement of height for the
use.
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Mr. Holland called for public comment.
1~..
In response to Mr. Steve Meadows' questions, Mr. Cash stated
the specific provision about the setback only applies to
county property. He further stated general turbines are
typically used for residential or agricultural provisions. He
stated Wind Energy System shall be located on a lot that is a
minimum of 5 acres with a maximum height of 75 feet and shall
be limited to a maximum power generation of 10 kilowatts for
residential or agricultural districts and 100 kilowatts for
commercial and industrial districts. He noted the use is
limited to one per parcel.
In response to Mr. Elswick's question, Mr. Cash stated the
WES proposed for Clover Hill High School has already been
approved. He further stated the Planning Commission had
concerns relative to possible hazards during storm events.
There being no one else to speak to the issue, the public
hearing was closed.
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 RE-ENACTING SECTIONS 19-65 AND 19-131 RELATING TO
WIND ENERGY SYSTEMS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19-65 and 19-131 of the Code of the County
of Chesterfield, 1997, as amended, are amended and re-enacted
to read as follows:
Sec. 19-65. Uses permitted with certain restrictions.
The following uses shall be permitted in the R-88
District subject to compliance with the following conditions
and other applicable standards of this chapter. If these
restrictions cannot be met, these uses may be allowed by
conditional use, subject to section 19-13:
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(h) Wind Energy Systems (WES) provided that:
(1) WES shall be located on a lot that is a
minimum of 5 acres;
(2) WES shall be located in the rear yard;
(3) WES shall have a rated capacity of no greater
than 10 kilowatts (kW);
(4) WES shall be limited to 1 per lot;
(5) WES height, as determined by measuring from
ground to highest point of WES including blade
sweep, shall not exceed 10 feet for each
complete acre of land in the lot where the WES
is to be located, to a maximum of 75 feet;
(6) for a freestanding WES, the lowest point of
the blade sweep shall be at least 20 feet from
the ground;
(7) a freestanding WES shall be located on the
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lot it is intended to serve and shall be
setback as follows:
a. a minimum of 2 times the WES height from
any property line and
b. if located on property owned or
maintained by Chesterfield County, a
minimum of 1.1 times the WES height from
any of the following located on the
property: building open to the general
public, parking lot, playground,
recreational field or similar area
designed to facilitate the gathering of
people.
(8) WES noise level shall not exceed 60 decibels
as measured from the closest property line.
The level may be exceeded during short-term
events such as utility outages and/or severe
wind storms;
(9) WES shall not include a guy-wired or lattice
tower;
(10) WES shall not be artificially lighted unless
required by the nFederal Aviation
Administration or appropriate authority;
(11) the base of the WES tower shall incorporate
measures to prevent unauthorized personnel
from ascending the tower for a distance of 12
feet from grade;
(12 ) at such time as the WES ceases to be used for
its intended purpose for a period exceeding 12
consecutive months, such WES shall be
dismantled, and it and all associated
equipment removed from the property; and
(13) The applicant shall comply with all applicable
federal, state, and local laws, ordinances and
regulations.
(14) WES may be roof mounted provided that:
a. the WES will be mounted to a
principal or accessory building on the
property it is intended to serve,
b. the lowest point of the blade sweep
shall be 10 feet above the height of the
building being mounted to; and
c. the WES height, as determined by
measuring from the ground to the highest
point of WES including blade sweep, does
not exceed height restrictions set forth
in section 19-556 for the principal or
accessory building on which it is
mounted.
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Sec. 19-131. Uses permitted with certain restrictions.
The following uses shall be permitted in the 0-1
District subject to compliance with the following conditions
and other applicable standards of this chapter. If the
following restrictions cannot be met, these uses may be
allowed by conditional use, subject to section 19-13:
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(1) wind Energy Systems (WES), provided that:
(1) a site plan shall be required in accordance
with sections 19-263 to 19-272, as applicable;
(2) WES shall be located on a lot that is a minimum
of 5 acres;
(3) WES is freestanding and the WES height, as
determined by measuring from the ground to the
highest point of the WES including blade sweep,
shall not exceed 10 feet for each complete acre
of land in the lot where the WES is to be
located to a maximum of 75 feet;
(4) Guy-wired or lattice towers shall be
.prohibited;
(5) WES shall be setback:
a. a minimum of 2 times the WES height from
any property line; and
b. if located on property owned or maintained
by Chesterfield County, a minimum of 1.1
times the WES height from any of the
following located on the property:
building open to the general public,
parking lot, playground, recreational
field or similar area designed to
facilitate the gathering of people.
(6) wES shall not be lighted unless required by the
Federal Aviation Administration or appropriate
authority;
(7) WES shall be limited to 1 per lot, and shall be
sited on the lot it is intended to serve;
(8) standards for locating WES shall comply with
the adopted tower siting policy, as applicable;
(9) the base of the WES tower shall incorporate
measures to prevent unauthorized personnel from
ascending the tower for a distance of 12 feet
from grade;
(10) WES shall be limited to a maximum power
generation of 100 kilowatts (kW);
(11) WES shall comply with all applicable federal,
state, and local laws, ordinances and
regulations; and
(12) at such time as the WES ceases to be used for
its intended purposes for a period exceeding 12
consecutive months, such WES shall be
dismantled and it and all associated equipment
removed from the property.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Holland, Jaeckle, Warren and Gecker.
Nays: Elswick.
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18.D. TO CONSIDER APPROPRIATION OF EMPLOYER AND EMPLOYEE
CONTRIBUTIONS FOR BOTH THE COUNTY AND SCHOOLS IN THE
RECENTLY CREATED HEALTHCARE FUND
Mr. Carmody stated this date and time has been advertised for
the Board to consider appropriation of employer and employee
contributions for both the county and schools in the recently
created healthcare fund. He further stated effective January
1, 2014, the county and schools transitioned to a self-
insurance healthcare plan that allows the county to pay
claims and third party administrative fees.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
approved increasing appropriations by $49,000,000 for the
self-insurance healthcare plan revenues and expenses.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
18.E. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATIVE TO
MANDATORY UTILITY CONNECTIONS
Mr. Cash stated this date and time has been advertised for
the Board to consider amendments to the County Code relative
to mandatory utility connections. He further stated in March
2014 the Board adopted amendments to the Utilities Ordinance
relating to the required use of public water and wastewater.
He stated this year the General Assembly amended the Code of
Virginia to provide that the county cannot require
preliminary plat review for subdivisions of 50 or fewer lots,
although the developer may still choose to go through the
preliminary plot process. He further stated this change in
law may lead to certain subdivisions being developed without
having been reviewed through the preliminary plat process of
the Subdivision Ordinance and as a result could make such
development exempt from the mandatory connection requirements
of the Utilities Ordinance as currently written. He stated
the proposed amendment would amend the Utilities Ordinance to
provide that lot subdivisions connect to public utilities
whether receiving approval through preliminary plat or
approval through final plat if the applicant chooses not to
submit a preliminary plat.
Mr. Holland called for public comment.
In response to Mr. Warren's question, Mr. Cash stated the
change to the state code allows a developer to apply for
certain subdivision approval without going through a
preliminary plat process. He further stated previous county
code amendments mandated that lots within lot subdivisions
receiving preliminary plat approval be required to connect to
public water and wastewater within certain designated areas.
Mr. Stegmaier stated the change in the state code created a
loophole for individuals to get through in violation with the
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plan. He noted the ordinance would close that loophole.
In response to Ms. Jaeckle's question, Mr. Cash stated the
requirement for connection has been established for quite
some time. He noted that previously, lot subdivision
applications had to go through the preliminary plat process,
and the revision in state code allows an applicant to bypass
the process, but still be subject to other development
requirements.
Ms. Jaeckle she stated there should always be exceptions
where a requirement turns out to be quite unreasonable for
someone who does have a perfect lot to connect to sewer and
could be astronomically expensive.
Mr. Cash stated there are some exceptions built into the
ordinance.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Warren, 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 18-60 RELATING TO
REQUIRED USE OF UTILITY SYSTEM
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 18-60 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 18-60. Required Use of Utility System.
000
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;
b) located within a lot subdivision recorded with
requirement for connection;
c) located within a lot subdivision which is located
in the area shown as "Required" on the Residential
Public Water Connection Area on the GIS map that
receives after March 12, 2014 either (i)
preliminary plat approval or (ii) final plat
approval where there are 50 or fewer lots and the
subdivider has chosen not to submit a preliminary
plat; or
d) located in a multifamily development.
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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 which is located
in the area shown as "Required" on the Residential
Public Wastewater Connection Area on the GIS map
that receives after March 12, 2014 either (i)
preliminary plat approval or (ii) final plat
approval where there are 50 or fewer lots and the
subdivider has chosen not to submit a preliminary
plat; or
d) located in a multifamily development.
000
(2) That this ordinance shall become effective immediately
upon adoption
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
18.F. TO CONSIDER THE CONVEYANCE OF RIGHT OF WAY TO THE
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF
TRANSPORTATION, FOR THE JEFFERSON DAVIS HIGHWAY (ROUTE
1) ROAD IMPROVEMENT PROJECT
Mr. Harmon stated this date and time
the Board to consider the conveyance
Commonwealth of Virginia, Departments
the Jefferson Davis Highway (Rout
Project .
Mr. Holland called for public comment.
has been advertised for
of right of way to the
of Transportation, for
e 1) Road Improvement
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the conveyance of right of way to the Commonwealth
of Virginia, Department of Transportation, for the Jefferson
Davis Highway (Route 1) Road Improvement Project, and
authorized the Chairman of the Board and County Administrator
to execute the deed.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
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20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
Ayes
Nays
Mr. Rodney Martin addressed the Board relative to pupil-
teacher ratio.
The following item was moved by the Chairman to the end of
the evening agenda to follow Item 20.:
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711.A.7.,
CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION
WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS
REQUIRING THE PROVISION OF LEGAL ADVICE
On motion of Mr. Warren, seconded by Mr. Elswick, the Board
went into closed session pursuant to Section 2.2-3711.A.7.,
Code of Virginia, 1950, as amended, for consultation with
legal counsel regarding specific legal matters requiring the
provision of legal advice.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Reconvening:
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provided for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in Closed Session to which
this certification applies, and ii) only such business matter
were identified in the Motion by which the Closed Session was
convened were heard, discussed or considered by the Board. No
member dissents from this certification.
Mr. Gecker: Aye.
Mr. Warren: Aye.
Ms. Jaeckle: Aye.
Mr. Elswick: Aye.
Mr. Holland: Aye.
21. ADJOURNMENT
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adjourned at 8:41 p.m., until July 23, 2014.
MATTERS
Holland, Elswick, Jaeckle, Warren and Gecker.
None.
mes t ma' r
Count dministrator
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