2014-07-23 MinutesBOARD OF SUPERVISORS
MINUTES
July 23, 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
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. Patsy Brown, Dir.,
Accounting
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
Mr. Barry Condrey,
Chief Information Officer
IST
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Ms. Kelly Fried, Asst. Dir.,
Mental Health
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Dr. Parham Jaberi, Dir.,
Health Department
Mr. Rob Key, Director,
General Services
Mr. Mike Mabe, Dir.,
Library
Ms. Mary Martin Selby,
Dir., Human Resource
Services
Mr. Jeffrey L. Mincks,
County Attorney
Ms. Susan Pollard, Dir.,
Public Affairs
Chief Edward L. Senter,
Fire Department
Ms. Marsha Sharpe, Dir.,
Social Services
Mr. Scott Smedley, Dir.,
Environmental Engineering
Mr. Jesse Smith, Dir.,
Transportation
14-498
07/23/14
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Kirk Turner, Dir.,
Planning
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
1.B. JUNE 25, 2014 REGULAR MEETING
Ms. Jaeckle indicated she is still unclear regarding
information on the residential trash relief item that was
discussed in the April minutes' dialogue and Board
intentions.
In response to Mr. Holland's question, Ms. Jaeckle stated she
would approve the minutes, as submitted, but wanted to point
out that there was no clarity concerning trash collection
relief.
Mr. Gecker stated the Board should go ahead with approval of
the April minutes. He further stated it was certainly his
sense of the evening of April 23rd, that the trash collection
item was added back into the County Administrator's budget.
He stated he understands the import of the highlighted
comment made by Mr. Carmody that it was not in the
Administrator's budget that came out with the memo from
Administration. He indicated the Board acknowledged that it
was not within the Administrator's budget, but as an add-on
that was proposed as the Board was going through the process.
He indicated he believed the item was included in the motion.
He stated if it was a sense of the Board that it was
included, then it should be completed in order to move
forward.
Ms. Jaeckle stated she was surprised the item was not
included, especially with all the discussion that took place
that evening.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
approved the minutes of April 23, 2014, and June 25, 2014, as
submitted.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Mr. Stegmaier stated he has been presented with a few
suggestions by Board members relative to how to proceed with
the trash collection relief item. He further stated it is
clear that the Board intended to continue the program, at
least for those members who are currently enrolled. He stated
there have been a number of suggestions to freeze the program
at its current level and not allow the program to grow with
new members. He further stated he believes the program should
continue beyond January. He noted the program is already
funded within the budget up until January. He stated staff
will come back before the Board to determine if the program
should be offered to new members or if members who are
currently using the service should be grandfathered.
J
J
14-499
07/23/14
Ms. Jaeckle stated she is content with leaving the program
open for current members. She further stated there were Board
concerns relative to going back on promises made to those
members who depended on the program. She noted the service is
contracted and not maintained by a specific department.
In response to Mr. Gecker's question, Mr. Stegmaier stated
there is a sense of the Board to expect the service to
continue through the fiscal year.
Mr. Holland acknowledged the passing of retired Lieutenant
Colonel Jesse Mayes. He stated Colonel Mayes was a decorated
army veteran and was elected, and served two terms on the
Chesterfield County Board of Supervisors. He asked the
audience to observe a moment of silence in his honor.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier was pleased to report that the county's
Utilities Department has been recognized by the National
Association of Clean Water Agencies (NACWA) with an
Excellence in Management Platinum Recognition. He stated
the Excellence in Management Program began in 2003 to
recognize the significant achievements of member
agencies for distinctive utility management. He further
stated in order to receive this honor, member agencies
are required to implement and sustain, for a continuous
three-year period, successful programs that address the
spectrum of unique environmental challenges faced by
utilities that provide wastewater treatment services to
their communities.
• Mr. Stegmaier announced the Center for Digital
Government has announced the winners of its annual
Digital Counties Survey and Chesterfield County ranked
seventh this year. He stated Chesterfield has placed in
the top 10 five times. He further stated the competition
is a collaborative effort by the Center for Digital
Government, Government Technology and the National
Association of Counties. He further stated this award
validates that we continue to make progress on the
Board's priority of operating an accessible and open
government that uses technology creatively to engage and
serve county residents. He stated this award from the
Center for Digital Government honors the entire
community.
• Mr. Stegmaier was pleased to report that the new two-
million gallon Robious water tank was recently hoisted
in place. He stated the new tank is anticipated to be in
service by November.
• Mr. Stegmaier announced The Southern Process Expansion
at the Sabra Dipping Company facility in South
Chesterfield, Virginia received a Temporary Certificate
of Occupancy on Friday, July 11th. He stated in doing
so, the Dennis Group was able to deliver the building to
Sabra weeks ahead of schedule, far exceeding their
expectations. He further stated the contractor commented
that this could not have been done without. all of the
assistance and diligent efforts of everyone within the
Chesterfield County Building Inspections Department.
14-500
07/23/14
• Mr. Stegmaier stated there continues to be
revitalization progress in a number of areas in the
county. He further stated one example is the demolition
of the old Meadowbrook Plaza A&P store which began last
week to make way for the new Wal-Mart neighborhood
grocery that will built this year.
In response to Ms. Jaeckle's question regarding the old
Meadowbrook Plaza A&P store, Mr. Dupler stated a couple of
the shops were also torn down to make way for the new larger
store; however, the rest of the shopping center will be
renovated.
Ms. Jaeckle noted the Bermuda Square Shopping Center in
Chester is also being redeveloped.
3. BOARD MEMBER REPORTS
Ms. Jaeckle congratulated Ms. Wendy Hughes for winning the
Republican primary election for Circuit Court Clerk. She also
commended Tracy Seredni and Justin Smith for running in the
campaign as candidates. She expressed concerns relative to
neighborhoods feeling the negative impact of bank-owned homes
and the decline of property values.
Mr. Elswick sadly announced the recent passing of retired
Deputy Fire Marshal Francis "Frank" Kinnier, Jr., who lost
his battle with cancer.
Mr. Gecker announced the re-opening of the Bon Air Library.
He expressed appreciation to Mr. Roy Covington and Utilities
staff for their hard work relative to the placement of the
Robious water tank.
Mr. Warren announced the opening of the Bojangles in the
Bexley area. He also thanked Mr. Stegmaier for providing
information to the Board regarding economic development
within the county.
Mr. Holland announced that he recently attended the annual
National Association of County Officials (NACo) conference
held in New Orleans and the award luncheon where Chesterfield
County received 15 awards. He stressed the importance of
youth summer employment programs within the county.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
replaced Item 8.A.3., Appointments to the Community Services
Board; and replaced Item 15.A., Resolution Recognizing Boy
Scouts Upon Attaining the Rank of Eagle Scout.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
5. RESOLUTIONS
There were no Resolutions at this time.
J
J
J
14-501
07/23/14
6. WORK SESSIONS
There were no Work Sessions at this time.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
8.A. APPOINTMENTS
Ms. Blakley stated at the June 25 meeting, the Board
nominated members to serve on the Camp Baker Management Board
and the Richmond Metropolitan Transportation Authority Board
of Directors. She further stated therefore, the Board needs
to suspend its rules to nominate and appoint simultaneously
only for the Community Services Board.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
suspended its rules to nominate and appoint simultaneously
for the Community Services Board.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.A.1. CAMP BAKER MANAGEMENT BOARD
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
simultaneously reappointed Mr. James Lumpkin and Mr. Robert
Mills, to serve on the Camp Baker Management Board, whose
terms are effective May 1, 2014, and will expire April 30,
2017.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.A.2. RICHMOND METROPOLITAN TRANSPORTATION AUTHORITY BOARD
OF DIRECTORS
On motion of Mr. Warren, seconded by Mr. Elswick, the Board
simultaneously reappointed/appointed Mr. Charles R. "Dick"
White, Mr. Gregory Whirley, Mr. Bill Woodfin and Mr. James M.
Holland, to serve on the Richmond Metropolitan Transportation
Authority Board of Directors, whose terms are effective
immediately, and will expire June 30, 2018.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.A.3. COMMUNITY SERVICES BOARD
On motion of Mr. Gecker, seconded by Mr. Elswick, the Board
simultaneously nominated/appointed Mr. Harvey S. Powers and
Mr. Patrick Knightly, to serve as at-large representatives on
the Community Services Board, whose terms are effective
immediately and will expire December 31, 2016.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14-502
07/23/14
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8.B.l.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.B.1.a.1. MS. DENISE WESTON, SOCIAL SERVICES DEPARTMENT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Ms. Denise Weston began her service with the
Chesterfield-Colonial Heights Department of Social Services
on February 27, 1995, as an Eligibility Worker; and
WHEREAS, Ms. Weston was promoted to Senior Eligibility
Worker in January 2001; and
WHEREAS, in January 2009, Ms. Weston was promoted to
Eligibility Supervisor; and
WHEREAS, Ms. Weston had strong knowledge of the Adult
Medicaid program, including Aged, Blind, and Disabled and
Long Term Care policy; and
WHEREAS, Ms. Weston managed a caseload of Medicaid Long
Term Care and Auxiliary Grant cases as Senior Eligibility
Worker; and
WHEREAS, Ms. Weston represented the department in
community events, resource fairs, and seminars for elderly
and disabled citizens; and
WHEREAS, Ms. Weston assisted in providing Disaster Food
Stamps to more than 5,000 citizens following Hurricane
Isabelle in 2003; and
WHEREAS, Ms. Weston was attentive to the needs of
customers and exhibited a level of customer service that
served as a model for others; and
WHEREAS, Ms. Weston served on agency workgroups and led
the Senior Eligibility Worker group; and
WHEREAS, Ms. Weston consistently demonstrated
flexibility and willingness to meet the needs of her team
throughout her tenure in the Department; and
WHEREAS, Ms. Weston has demonstrated dedication and
commitment to serving the citizens of Chesterfield County and
the City of Colonial Heights; and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Ms. Denise Weston, expresses the
appreciation of all residents for her services to the county
and the City of Colonial Heights and extends its
congratulations upon her retirement, as well as best wishes
for a long and happy retirement.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
J
J
J
14-503
07/23/14
8.B.i.a.2. MR. MARK ASKIN, PARKS AND RECREATION DEPARTMENT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Mr. Mark Arkin will retire from the
Chesterfield County Department of Parks and Recreation
effective August 1, 2014; and
WHEREAS, Mr. Askin began his public service with
Chesterfield County in May 1978 as a full-time Groundsman,
became Park Foreman in July 1979, and was promoted to Park
Coordinator in March 1981; and
WHEREAS, Mr. Askin was promoted to Chief of Parks in
August 1993, was placed in the position of Acting Assistant
Director of Parks in October 2010, and became Assistant
Director of Parks in June 2011; and
WHEREAS, Mr. Askin has been responsible for the
coordination of the Schools Ground Maintenance Program and
received a letter of commendation from former County
Administrator Lane Ramsey; and
WHEREAS, Mr. Askin received a TQI Facilitator
Certification; and
WHEREAS, Mr. Askin has served the Parks and Recreation
Advisory Commission with dedication; and
WHEREAS, Mr. Askin has served the Eppington Foundation
Board and helped to guide them through operations issues at
the Eppington site; and
WHEREAS, Mr. Askin has been instrumental in the
planning, development and maintenance of Henricus Historical
Park and without his generosity in time and attention,
Henricus would not be what it is today, including all special
events planning and execution be it Publick Days, Parade of
Lights at Henricus, or more recently The Bermuda Hundred 150tH
for Chesterfield County; and
WHEREAS, Mr. Askin has during times of natural disasters
and snow events helped to guide the county and its citizens
safely through extreme conditions and helped to clear county
roadways, driveways and parking areas so that county and
school facilities were quickly reopened for public use; and
WHEREAS, Mr. Arkin was an instrumental leader in the
Parks and Recreation Department ISO 14001 certification for
implementation of Environmental Management Systems; and
WHEREAS, Mr. Askin has received several commendations
for outstanding teamwork; and
WHEREAS, Mr. Arkin has been an invaluable asset and
mainstay in maintaining Chesterfield County Parks to a high-
quality level, especially in the areas of workplace safety
management and quality improvement; and
WHEREAS, Mr. Arkin has always remained steady,
dependable and consistent in providing productive and quality
work; and
14-504
07/23/14
WHEREAS, Mr. Askin will be greatly missed by his staff,
co-workers, supervisors and the citizens of Chesterfield
County whom he served.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. Mark Askin, expresses the appreciation
of all residents for his 36 years of service to Chesterfield
County, and extends appreciation for his dedicated service to
the county and congratulations upon his retirement, as well
as best wishes for a long and happy retirement.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.1.a.3. MR. N. RAY SADLER, ENVIRONMENTAL ENGINEERING
DEPARTMENT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Mr. N. Ray Sadler joined the Chesterfield
County Environmental Engineering Department on March 2, 1987,
as a Senior Construction Drainage Inspector; and
WHEREAS, in 1997, Mr. Sadler transferred to the Water
Quality Division as Water Quality Inspector; and
WHEREAS, in 2002, Mr. Sadler's position was promoted to
Water Quality Compliance Specialist; and
WHEREAS, in 2005, Mr. Sadler transferred to the BMP
Division as an Administrative Analyst, and in 2013 carried
that position over to the Administrative Division; and
WHEREAS, during his tenure as Administrative Analyst in
the BMP Division, Mr. Sadler developed and implemented a data
system for tracking and administrating operation and
maintenance inspections for stormwater management facilities;
and
WHEREAS, Mr. Sadler was selected as the department's
Employee of the Year in 2002; and
WHEREAS, Mr. Sadler was focused on providing world-class
customer service,~consistently meeting or exceeding customer
expectations by assuring customer needs were served in an
expeditious, courteous, effective and prompt manner; and
WHEREAS, Mr. Sadler served on various committees within
the department, including serving as the Quality Council Team
leader for a number of years; and
WHEREAS, Mr. Sadler's humble character, selfless
dedication to Chesterfield County and commitment to the
Environmental Engineering Department's customer service are a
model for all county employees; and
WHEREAS, Mr. Sadler has consistently performed his
duties and responsibilities in a professional manner and will
be missed by his customers and fellow co-workers.
J
J
J
14-505
07/23/14
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. N. Ray Sadler, expresses the
appreciation of all residents for his service to Chesterfield
County, and extends appreciation for his dedicated service to
the county and congratulations upon his retirement, as well
as best wishes for a long and happy retirement.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.i.a.4. CAPTAIN RUSSELL A. LESCAULT, POLICE DEPARTMENT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Captain Russell A. Lescault will retire from
the Chesterfield County Police Department on July 1, 2014,
after providing more than 32 years of quality service to the
citizens of Chesterfield County; and
WHEREAS, Captain Lescault has faithfully served the
county in the capacity of Patrol Officer, Forensic Detective,
Sergeant, Lieutenant, and Captain; and
WHERAS, Captain Lescault has also served as a Department
of Criminal Justice certified instructor, a certified Federal
Emergency Management Incident Command instructor, former
Central Director of the Virginia Internal Affairs
Investigators Association, a member of the Chesterfield
County's Veteran's Memorial Committee and the chair of the
Police Department's Awards Committee; and
WHEREAS, during his career, Captain Lescault has served
as Shift Lieutenant, Operations Manager of the Emergency
Communications Center, Commander of .the Violent Crimes Unit,
Inspector of the Office of Professional Standards and
Commander of the Special Operations Division; and
WHEREAS, Captain Lescault serves as the Administrative
Staff Officer for the Chief of Police, and in this capacity,
manages and/or facilitates public ceremonies, including
memorial services, award functions, department protocol,
honor guard and fund raising events for the Police
Foundation, Special Olympics and United Way; and
WHEREAS, Captain Lescault was the recipient of a
Meritorious Service Award for his service on the Chesterfield
County Police Department's Negotiations Team for 15 years,
five of which he served as Team Commander; and
WHEREAS, Captain Lescault has received many Police
Department awards, including Service Award, Specialized
Service Ribbon, Operational Service Ribbon, Tactical Service
Ribbon, Safe Driving Award, the Police Department's
Achievement Award, Professionalism Ribbon, Chief's
Commendations, Unit Citations, and the Police Department's
Award for Supervisory Excellence; and
WHEREAS, Captain Lescault is the Police Department's
resident historian and spearheaded a very detailed project on
researching and cataloging the department's history; and
14-506
07/23/14
WHEREAS, Captain Lescault 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, Captain Lescault has received numerous letters
of commendation, thanks and appreciation for service
rendered; and
WHEREAS, Captain Lescault 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 Captain Lescault's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Captain Russell A.
Lescault, 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.B.1.a.5. CAREER OFFICER OAKER R. COATS, JR., POLICE
DEPARTMENT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Career Officer Oaker R. Coats, Jr. will retire
from the Chesterfield County Police Department on August 1,
2014, after providing 25 years of quality service to the
citizens of Chesterfield County; and
WHEREAS, Career Officer Coats began his law enforcement
career in 1986 with the Richmond City Police Department; and
WHEREAS, Career Officer Coats has faithfully served the
county in the capacity of Patrol Officer, Senior Officer,
Master Officer and Career Police Officer; and
WHEREAS, during his tenure with the Chesterfield County
Police Department, Career Officer Coats has served as a Front
Desk Officer, Field Training Officer, and Patrol Rifle
Operator; and
WHEREAS, Career ,Officer Coats was the recipient of a
Richmond Retail Merchants Association Valor Award and a
Chief's Commendation for his excellent law enforcement skill
in defusing a suicide attempt; and
WHEREAS, Career Officer Coats was recognized with the
Chief's Commendation for his selfless actions while
responding to an apartment fire after twice entering the
smoke-filled residence to the sound of the victim yelling for
help; however, he was unsuccessful in locating him; then,
upon the arrival of fire personnel, he was able to direct
them to where he had last heard the victim, who was now
unresponsive, and the victim was soon located, received
medical treatment and survived; and
J
J
J
14-507
07/23/14
WHEREAS, Career Officer Coats is recognized for his
communications and human relations skills, his
professionalism and his teamwork, all of which he has
utilized within the Police Department and in assisting
citizens of Chesterfield County; and
WHEREAS, Career Officer Coats has received numerous
letters of commendation, thanks and appreciation from the
citizens of Chesterfield County for service rendered; and
WHEREAS, Career Officer Coats 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 Career Officer Coats' diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Career Officer Oaker
R. Coats, Jr., 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.B.l.b. RECOGNIZING "NATIONAL NIGHT OUT" IN CHESTERFIELD
COUNTY
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, each year in August, communities across the
nation band together to demonstrate their unity in the fight
against crime; and
WHEREAS, this show of solidarity by law-abiding citizens
has been named "National Night Out"; and
WHEREAS, the National Night Out event will take place on
August 5, 2014, as the 31st annual event of this type; and
WHEREAS, this year's National Night Out campaign will
involve citizens, law enforcement agencies, civic groups,
businesses, neighborhood organizations and local officials
from 10,000 communities in 50 states, U.S. territories,
Canadian cities and military bases worldwide; and
WHEREAS, National Night Out is designed to heighten
crime- and drug-prevention awareness; and
WHEREAS, this event also generates support for, and
participation in, local anti-crime programs; and
WHEREAS, National Night Out strengthens neighborhood
spirit and the relationships between police and the
communities; and
WHEREAS, these events send a message to criminals that
the communities are organized and fighting back against
crime; and
14-508
07/23/14
WHEREAS, Chesterfield County has as one of its strategic
goals: "Partner with residents to provide a safe and secure
community through prevention, readiness, and professional
response"; and
WHEREAS, National Night Out is an important component in
the effort to achieve that goal.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes "National Night
Out" in Chesterfield County, Virginia; thanks police, the
more than 100 neighborhoods and businesses and all others who
will join to prevent crime; and all residents and businesses
in Chesterfield County who will turn on their porch lights
and other exterior lights and gather with friends and
neighbors on August 5, 2014, to demonstrate their unity in
the fight against crime.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.2. SET DATE FOR PUBLIC HEARING TO CONSIDER PLANNING
DEPARTMENT FEE ADJUSTMENTS
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
set August 27, 2014, for a public hearing to consider
Planning Department fee adjustments.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.3. APPROVAL OF A CONTRACT CHANGE ORDER WITH VIRGINIA
CONCRETE FOR PHASE II OF THE JEFFERSON DAVIS
STREETSCAPE IMPROVEMENTS PROJECT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
approved change order number 2 to the contract with Virginia
Concrete for Phase II of the Jefferson Davis Streetscape
Improvement Project.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.4. APPROPRIATION OF ROAD CASH PROFFER FUNDS AND AWARD OF
A CONSTRUCTION CONTRACT FOR THE SPRING RUN ROAD AT
HENSLEY ROAD INTERSECTION IMPROVEMENT PROJECT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
appropriated an additional $160,000 in road cash proffers from
Traffic Shed 12 funds and authorized the award of a $243,777
construction contract to Colony Construction, Inc. for the
Spring Run Road at Hensley Road Intersection Improvement
Project .
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
J
J
J
14-509
07/23/14
8.B.5. APPROVAL OF SEWER CONTRACT FOR RIVINGTON PLACE -
OFFSITE SANITARY SEWER PROJECT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
approved a sewer contract for Rivington Place - Offsite
Sanitary Sewer, and authorized the County Administrator to
execute any necessary documents.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.6. APPROVAL OF WATER AND SEWER CONTRACT FOR THE LANDING
at SWIFT CREEK, SECTION 1
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
approved a water and sewer contract for The Landing at Swift
Creek, Section 1, and authorized the County Administrator to
execute any necessary documents.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.7. REQUESTS TO QUITCLAIM
8.B.7.a. VARIOUS EASEMENTS ACROSS THE PROPERTY OF 318 CALL
FED, L.L.C.
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 a
20' and variable width SWM/BMP access easement, variable
width SWM/BMP easements, 16' drainage easement (private) and
16' variable width water easement across the property of 318
Call Fed, L.L.C. (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.B.7.b. VARIOUS EASEMENTS ACROSS THE PROPERTY OF TRISHUL OF
VA 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
variable width SWM/BMP and SWM/BMP access easements across
the property of Trishul of VA 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.B.7.c. A PORTION OF A VARIABLE WIDTH STORM WATER
MANAGEMENT SYSTEM BEST MANAGEMENT PRACTICE ACCESS
EASEMENT ACROSS THE PROPERTY OF KINGSLAND
TOWNCENTER 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 a
portion of a variable width SWM/BMP access easement across
the property of Kingsland Towncenter 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.
14-510
07/23/14
8.B.8. ACCEPTANCE OF A PARCEL OF LAND ALONG CENTRALIA ROAD
AT KEVKEN DRIVE FROM PEGGY YANCEY BRANCH
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
accepted the conveyance of a parcel of land containing 0.010
acres along Centralia Road at Kevken Drive from Peggy Yancey
Branch 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.B.9. REQUESTS FOR PERMISSION
8.B.9.a. FROM MICHAEL F. D'AMATO AND AIMEE E. D'AMATO FOR A
PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT
EASEMENT ACROSS LOT 12, KINGHAM AT THE GROVE,
CF.C'TTl1N Fi
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
granted Michael F. D'Amato and Aimee E. D'Amato permission
for a proposed fence to encroach within an 8' easement across
Lot 12, Kingham at the Grove, Section 6, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.9.b. FROM EUGENE R. STURT AND JOHN J. STURT, JR. TO
INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE
EASEMENT TO SERVE PROPERTY ON FERNDALE AVENUE
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
granted Eugene R. Sturt and John J. Sturt, Jr. permission to
install a private water service within a private easement and
authorized the County Administrator to execute the water
connection agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.10. AWARD OF CONSTRUCTION CONTRACTS
8.B.10.a. FOR THE ELKHARDT GROUND TANK PAINTING AND
REHABILITATION PROJECT
On motion of Mr.
awarded a constru
in the amount
Administrator to
noted a copy of
Board . )
Warren, seconded by Ms. Jaeckle, the Board
ction contract to Manolis Painting Co., Inc.
of $324,517 and authorized the County
execute the necessary documents. (It is
the plat is filed with the papers of this
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
J
J
J
14-511
07/23/14
8.B.10.b. FOR THE SHAMROCK DRIVE, CROSSVINE DRIVE AND
CENTRALIA ROAD WATERLINE REHABILITATION PROJECT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
awarded a construction contract to Lyttle Utilities, Inc., in
the amount of $673,543 and authorized the County
Administrator to execute the necessary documents.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.11. APPROVAL OF AMENDMENT TO LEASE OF PROPERTY FOR THE
TEMPORARY HULL STREET POLICE STATION
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
approved a one-year extension to the lease with Woodlake
Retail, LLC, for 1500 square feet of office space at 6812
Woodlake Commons Loop for the temporary Hull Street Police
Station and authorized the County Administrator to execute
the lease amendment in a form approved by the County
Attorney. (It is noted a copy of the vicinity sketch is filed
with the papers of this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.12. APPROVAL OF THE PURCHASE OF RIGHTS OF WAY AND
EASEMENTS FOR THE JEFFERSON DAVIS HIGHWAY - FALLING
CREEK IMPROVEMENTS PROJECT
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
approved the purchase of rights of way and easements for the
Jefferson Davis Highway- Falling Creek Improvements Project
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.B.13. ACCEPTANCE OF DEDICATION OF RIGHT OF WAY FOR THE
JEFFERSON DAVIS HIGHWAY-FALLING CREEK IMPROVEMENTS
PROJECT FROM NEW TESTAMENT CHRISTIAN CHURCHES OF
AMERICA, INCORPORATED
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
accepted the dedication of right of way for the Jefferson
Davis Highway-Falling Creek Improvements Project from New
Testament Christian Churches of America, Incorporated 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.
14-512
07/23/14
8.B.14. APPROVAL OF RIGHT OF ENTRY FOR THE ROUTE 144 -
HARROWGATE ROAD PROJECT, AND AUTHORITY TO ENTER INTO
FUTURE RIGHT OF ENTRY AGREEMENTS WITH THE
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF
TRANSPORTATION
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
approved a request from the Commonwealth of Virginia,
Department of Transportation for right of entry on county
owned right of way for the construction of drainage
improvements and widening along South Street as part of the
Route 144 - Harrowgate Road Project, and authorized the
County Administrator to enter into future right of entry
agreements with the Department of Transportation, subject to
the approval of such agreements by the County Attorney. (It
is noted that a copy of the plat is filed with the papers of
this Board.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
8.B.15. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
MATOACA DISTRICT IMPROVEMENT FUND TO THE PARKS AND
RECREATION DEPARTMENT TO PURCHASE AND INSTALL CHAIN
LINK FENCING AROUND THE BASKETBALL COURTS IN MATAOCA
PARK
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
transferred $6,128 from the Matoaca District Improvement Fund
to the Parks and Recreation Department to purchase and
install chain link fencing around the basketball courts in
Matoaca Park.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
The following item was removed from the Consent Agenda for
Board discussion:
8.B.1.a.6. CORPORAL MICHAEL H. CATRON, POLICE DEPARTMENT
Mr. Elswick announced on July 16, The Lord's Baptist Church
presented Corporal Michael H. Catron with a community service
award for crime prevention. He expressed appreciation for
Corporal Catron's exceptional service to the county.
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, Corporal Michael H. Catron will retire from the
Chesterfield County Police Department on July 1, 2014, after
providing 30 years of quality service to the citizens of
Chesterfield County; and
WHEREAS, Corporal Catron has faithfully served the
county in the capacity of Patrol Officer, Senior, Master,
Career Police Officer and Corporal; and
WHEREAS, Corporal Catron also served as a Field Training
Officer, Crime Prevention Officer, School Resource Officer,
Drug Awareness Resistance Education (DARE) Officer, Business
Watch Coordinator, Project Lifesaver Coordinator and is a
Department of Criminal Justice Services (DCJS) Certified
Crime Prevention Specialist; and
J
J
J
14-513
07/23/14
WHEREAS, Corporal Catron was recognized with a Chief's
Commendation for exceptional performance in the apprehension
of two breaking and entering suspects; and
WHEREAS, Corporal Catron and other members of the Crime
Prevention Section of the Support Services Unit were the
recipients of a Unit Citation for their dedication and
outstanding service to the Police Department and the citizens
of Chesterfield County; and
WHEREAS, Corporal Catron assisted in the pilot program
for the School Resource Officer Program for the county; and
WHEREAS, Corporal Catron developed the county's Project
Lifesaver program to serve victims of Alzheimers, dementia
and autism; and
WHEREAS, Corporal Catron has served on numerous boards,
including the Chesterfield Business Council, the Chesterfield
Chamber of Commerce, the Hull Street Business Association,
the Southport Business Association, the Central Virginia
Crime Clinic, the Central Virginia Crime Prevention
Association, the Western Business Alliance, the Retail
Merchants Association, the Chesterfield County Triad
Committee and the Central Virginia Triad Committee; and
WHEREAS, Corporal Catron has also served as President of
the Richmond Retail Merchants Security and Loss Prevention
Association, Chairman of the Chesterfield Business Council's
Public Safety Committee, and Treasurer of the Central
Virginia Crime Prevention Association; and
WHEREAS, Corporal Catron is a regional leader in crime
prevention; and
WHEREAS, Corporal Catron 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 Catron has received numerous letters
of commendation, thanks and appreciation for service
rendered; and
WHEREAS, Corporal Catron 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 Catron's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Corporal Michael H.
Catron, 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.
14-514
07/23/14
8.C. ADOPTION OF BOARD INVOCATION/MOMENT OF SILENCE POLICY
Mr. Mincks stated since 2003, the Board has heard invocations
from clergy pursuant to a staff policy which complied with
the requirements of the religion clauses of the First
Amendment of the United States Constitution, as interpreted
by the Fourth Circuit Court of Appeals in the case of Simpson
v. Chesterfield County. He further stated earlier this year,
the United States Supreme Court issued an opinion in the case
of Town of Greece v. Galloway, which clarifies First
Amendment law in the area of invocations. He stated under the
proposed new policy, Board members would give the invocation
themselves, on a rotating basis, with the newly-elected
Chairperson giving the invocation at the Board's
organizational meeting in January. He further stated each
Board member could choose to give an invocation or have a
moment of silence, and any Board member could choose not to
be placed in the rotation to give the invocation. He noted by
law, each Board member would have the freedom to choose the
content of his or her own invocation, but the invocation may
not be used to proselytize or advance any one faith or belief
or to disparage any other faith or belief.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
adopted the following policy for invocation/moment of silence
at Board of Supervisors' meetings:
POLICY FOR THE INVOCATION ~ MOMENT OF SILENCE
AT BOARD OF SUPERVISORS' MEETINGS
[To be effective January 2015]
Annually, at the organizational meeting of the Board of
Supervisors, the newly-elected Chairperson of the Board shall
offer an invocation or moment of silence at the beginning of
the evening session of the Board meeting. After the
organizational meeting, the Clerk shall then schedule each of
the five Board members to offer an invocation or moment of
silence in a regular, rotating fashion at all regularly
scheduled Board meetings throughout the remainder of the
calendar year. Any Board member may elect not to be placed
on the rotational schedule for the year. The Clerk shall
promptly notify Board members of the meetings for which they
are scheduled to offer an invocation or moment of silence.
The invocation is for the purpose of invoking divine
guidance for the Board in its conduct of public business
within the tradition of the American civil religion and is
meant to lend gravity to the Board's meeting, to reflect
values which have long been part of our Nation's heritage,
and to express a common aspiration for a just and peaceful
society. To that end, the invocation should be solemn and
respectful in tone and invite Board members to reflect upon
shared ideals and common ends before they embark on the
sometimes fractious business of governing. The invocation
must not be used in any fashion to proselytize or advance any
one faith or belief or to disparage any other faith or
belief. Additionally, both the invocation and-the moment of
silence are to be addressed to the other members of the
Board, and not to those who are attending the meeting.
14-515
J
J
J
07/23/14
If a Board member who is scheduled to give an invocation
or moment of silence either does not attend a Board meeting
for which he or she is scheduled to give the invocation or
moment of silence or chooses not to offer an invocation or
moment of silence when scheduled to do so, then the next
Board member in the rotation shall offer an invocation or
moment of silence at that meeting, but the schedule for the
remainder of the year shall not be changed as a result.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
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 Ms. Jaeckle, 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 Gecker.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Addie Black expressed concerns relative to the
expiration of travel vouchers associated with Access
Chesterfield and the need for a larger senior center.
Mr. Holland pledged to Ms. Black that her concerns would
be addressed.
In response to Board member concerns, Ms. Snead stated she
was aware of the issue. She clarified that the vendor is
not paid until vouchers are used.
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1),
CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE
PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE
On motion of Mr. Warren, seconded by Mr. Elswick, the
Board went into closed session pursuant to Section 2.2-
3711(A)(1), Code of Virginia, 1950, as amended, relating
to the performance of a specific county employee.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Reconvening:
On motion of Ms. Jaeckle, seconded by Mr. Warren, 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
14-516
07/23/14
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.
12. DINNER
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
recessed to Room 502 for dinner.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Reconvening:
13. INVOCATION
Reverend Sylvia S. Meadows, Chester United Methodist Church,
gave the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Andrew Smith led the Pledge of Allegiance to the
Flag of the United States of America.
15. RESOLUTIONS
15.A. RECOGNIZING MR. ANDREW JOHN SMITH AND MR. SAMUEL
CARLTON LEEPER UPON ATTAINING THE RANK OF EAGLE SCOUT
Ms. Pollard introduced Mr. Andrew John Smith and Mr. Samuel
Carlton Leeper, who were present to receive their resolution.
On motion of Mr. Holland, seconded by Mr. Ekswick, 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
J
J
14-517
07/23/14
WHEREAS, after earning at least 21 merit badges in a
wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Andrew John Smith,
Troop 2860, sponsored by Woodlake United Methodist Church,
and Mr. Samuel Carlton Leeper, Troop 876, sponsored by Mount
Pisgah United Methodist Church, have accomplished those high
standards of commitment and have reached the long-sought goal
of Eagle Scout, which is received by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for a role as leaders in
society, Andy and Sam have distinguished themselves as
members of a new generation of prepared young citizens of
whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of July 2014,
publicly recognizes Mr. Andrew John Smith and Mr. Samuel
Carlton Leeper, extends congratulations on their attainment
of Eagle Scout, and acknowledges the good fortune of the
county to have such outstanding young men as its citizens.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Mr. Warren and Mr. Elswick presented the executed resolutions
and patches to Mr. MSmith and Mr. Leeper, accompanied by
members of their families, congratulated them on their
outstanding achievements, and wished them well in future
endeavors.
Mr. Smith and Mr. Leeper provided details of their Eagle
Scout project and expressed appreciation to their families
and others for their support.
15.B. RECOGNIZING DISTRICT CHIEF HOWARD C. CANADA, FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS
RETIREMENT
Chief Senter introduced District Chief Howard C. Canada, who
was present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mr. Howard C. Canada retired from active
service and as district chief with the Midlothian Volunteer
Fire Department on December 31, 2013; and
WHEREAS, having joined the Midlothian Volunteer Fire
Department in 1970, Mr. Canada has served the residents of
Chesterfield County for 43 years and has dedicated countless
hours to their protection; and
WHEREAS, Mr. Canada has held various operational
positions within the Midlothian Volunteer Fire .Department,
including firefighter and motor pump operator; and
14-518
07/23/14
WHEREAS, Mr. Canada served as a lieutenant from 1975 to
1979, and then as a captain from 1989 to 1992; and
WHEREAS, Mr. Canada served as assistant district chief
for eleven years during two different terms, from 1992 to
1998, and from 2002 to 2005; and
WHEREAS, Mr. Canada served as District Chief for twelve
years during two different terms, from 1998 to 2001, and from
2006 to 2013; and
WHEREAS, Mr. Canada
company for seven years,
1990; and
WHEREAS, Mr. Canada
Tech Forest Fire Crew,
Chesterfield and was dep
and North Carolina; and
also served as the president of the
from 1976 to 1979, and from 1988 to
served as a member of the Virginia
based on his training received in
loyed to fires in Virginia, Georgia,
WHEREAS, Mr. Canada responded to numerous fires during
his service, including the Lodge Building fire at the Old
Buckingham Apartments on May 19, 1995, where he was the
initial incident commander; and
WHEREAS, Mr. Canada received the Outstanding Young
Firefighter Award from the Jaycees in 1977; was named the
Midlothian Volunteer Fire Company "Officer of the Year" in
2010, 2012, and 2013; was named the Volunteer Fire Officer of
the Year for Fiscal Year 2014 for Chesterfield Fire and EMS;
and he received the Outstanding Service Award from the New
Hope volunteer Fire Department, in Paulding County, Georgia
in 1987; and
WHEREAS, Mr. Canada served as the President of the
Chesterfield Volunteer Fire Chief's Association from 2009 to
2013, helping to provide guidance and leadership to volunteer
members throughout Chesterfield County; and
WHEREAS, Mr. Canada has been a leading force in
integrating career and volunteer personnel assigned to Fire
Station #5, creating a cooperative attitude that has served
as a model for other companies to emulate; and
WHEREAS, Mr. Canada has displayed leadership and
cooperation with the department's executive staff in
clarifying and updating the department's response practices
by converting volunteer personnel serving at Fire Station #5
to duty crews.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 23rd day of July 2014,
publicly recognizes the contributions of Mr. Howard C.
Canada, 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 Mr. Canada, 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.
J
J
J
14-519
07/23/14
Mr. Holland presented the executed resolution to Mr. Canada,
commended him on his dedication and service to the county,
and wished him a long and enjoyable retirement.
Mr. Gecker and Mr. Elswick expressed their gratitude for Mr.
Canada's faithful service to the county and wished him well
in his retirement.
Mr. Stegmaier presented Mr. Canada with an acrylic statue and
county watch, congratulated him on his retirement and
expressed appreciation for his outstanding service to the
county.
Mr. Canada, accompanied by members of his family, expressed
his appreciation to the Board for the special recognition and
their kind words.
16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
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 19
12SN0227
(AMENDED) In Bermuda Magisterial District, Twin Rivers, LLC
requests amendment of conditional use planned development
(Case 08SN0111) relative to conceptual plan, uses,
development standards, access and reduction of cash proffers
and amendment of zoning district map in a Community Business
(C-3) District on 67.7 acres located in the southwest corner
of Meadowville and North Enon Church Roads. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Community Mixed use. Tax IDs 823-659-3856, 6573 and 9483; and
824-659-2386, 5689 and 8890.
Mr. Turner stated Ms. Jaeckle is requesting a 90-day deferral
to the October 22, 2014 regularly scheduled meeting.
Mr. George Emerson accepted the deferral.
Mr. Holland called for public comment.
Ms. Sandy Pettengill made an inquiry to Ms. Jaeckle as to why
there was another request for deferral.
No one else came forward to speak to the deferral.
Ms. Jaeckle stated the cash proffer policy is currently being
analyzed. She further stated Budget staff was asked to take a
look at the average value of multifamily units in the county
and determine their long-term effects before the Board heard
the case. She noted there is no urgency to progress with the
proposed development.
Ms. Jaeckle then made a motion, seconded by Mr. Gecker, for
the Board to defer Case 12SN0227 until October 22, 2014.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14-520
07/23/14
ia~un~~~
In Matoaca Magisterial District, Landing Development
Corporation requests amendment of zoning (Case 05SN0193)
relative to density, cash proffers, road improvements and
recreational facilities and amendment of zoning district map
in a Residential (R-25) District on 59.1 acres located in the
southeast corner of Crown Point and Woolridge Roads. 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 IDs 717-681-3039, 6767 and 8129;
717-682-6832; 718-681-3676; and 718-682-3148.
Mr. Turner presented a summary of Case 14SN0573 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Larry Horton, representing the applicant, accepted the
recommendation.
Mr. Holland called for public comment.
Mr. Bob Olsen urged the Board to approve the request. He
stated he is pleased that the applicant is paying the full
cash proffer amount.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Elswick made a motion to approve Case 14SN0573.
Ms. Jaeckle stated when she reviews the logistics of the case
she sees what is wrong with the proffer system. She further
stated the capacity of Cosby High School is currently at 116
percent, with no new plans for a new high school in the near
future.
Mr. Elswick stated the Comprehensive Plan calls for the
School Board to look at redistricting and leveling out school
populations. He further stated Cosby High School is over
capacity, but there are ways to address the issue.
Mr. Warren seconded Mr. Elswick's motion. He stated the Board
approved keeping the current maximum cash proffer amount. He
further stated the mathematical calculation includes
cumulative development over a period of time. He stated the
applicant has met all the requirements, plus the full cash
proffer amount to mitigate the impact on capital facilities
and believes the case to be very reasonable.
Mr. Holland called for a vote on the motion made by Mr.
Elswick, seconded by Mr. Warren, for the Board to approve
Case 14SN0573 and accept the following proffered conditions:
With the approval of this request, Proffered Condition 12 of
Case 05SN0193 would be deleted and Proffered Conditions 4,
11, 15 and 17 of Case 05SN0193 would be amended as outlined
below. All other conditions of Case 05SN0193 shall remain in
full force and effect.
The Applicant amends Proffered Condition 4 of Case 05SN0193
to read as follows:
J
J
J
14-521
07/23/14
1. A maximum of 61 lots shall be permitted.
The Applicant amends Proffered Condition 11 of Case 05SN0193
to read as follows:
2. Cash Proffers:
A. For each dwelling unit, the applicant, sub-
divider, or assignee(s) shall pay the
following to the County of Chesterfield, prior
to 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 but before the
certificate of occupancy is issued:
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.
B. 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.
C. 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.
D. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted
by law.
The Applicant amends Proffered Condition 15 of Case 05SN0193
to read as follows
3. To provide an adequate roadway system, the
developer shall provide the following improvements
with initial development of the property:
a. Construction of additional pavement along
Woolridge Road at the approved access to
provide left and right turn lanes, if
warranted, based on Transportation Department
standards.
14-522
07/23/14
b. Dedication to and for the benefit of
Chesterfield County, free and unrestricted, of
any additional right of way (or easements)
required for the improvements identified
above.
The Applicant amends Proffered Condition 17 of Case 05SN0193
to read as follows
4. Recreational facilities shall be limited to a
walking path, picnic area, pavilion and pier which
would permit observation and launching of personal
watercraft such as canoes, kayaks and paddle boats.
A maximum of two (2) storage structures for
personal watercraft such as canoes, kayaks and
paddle boats shall be permitted.
The Applicant offers the following additional proffered
condition:
5. Architecture/Design Elements
A. Front Walks/Drivewavs:
1. A minimum of a four (4) foot wide
hardscaped front walk shall be provided
from the driveway to each dwelling unit
2. All portions of driveways and parking
areas shall be hardscaped.
B. Landscaping and Yards
1. Supplemental Trees: Prior to the
issuance of a Certificate of Occupancy
for each dwelling unit, a minimum of one
(1) deciduous tree shall be planted in
each front yard. At the time of planting,
these supplemental trees shall have a
minimum caliper of 2" measured at breast
height (4' 10" above ground).
2. Front Yards: Except for the foundation
planting bed, all front yards shall be
sodded.
3. Front Foundation Planting Beds:
Foundation planting is required along the
entire front facade of all units, and
shall extend along all sides facing a
street. Foundation Planting Beds shall be
a minimum of 4' wide from the unit
foundation. Planting beds shall be
defined with a trenched edge or suitable
landscape edging material. Planting beds
shall include medium shrubs and may also
include spreading groundcovers.
C. Architecture and Materials
1. Repetition: Dwellings with the same
J
J
J
14-523
07/23/14
elevations may not be located adjacent
to, directly across from, or diagonally
across from each other on the same
street. This requirement does not apply
to units on different streets backing up
to each other.
2. Exterior Facades: Acceptable siding
materials include brick, stone, masonry,
stucco, synthetic stucco (E.I.F.S), and
approved horizontal lap siding.
Horizontal lap siding may be manufactured
from natural wood or cement fiber board
or may be premium quality vinyl siding.
Plywood and metal siding are not
permitted. Additional siding
requirements:
a. Where a dwelling borders more than
one street, all street-facing
facades shall be finished in the
same materials.
b. Cementitious and vinyl siding is
permitted. Premium quality vinyl is
defined as vinyl siding with a
minimum wall thickness of .044".
c. Synthetic Stucco (E.I.F.S.) siding
shall be finished in smooth, sand or
level texture. Rough textures are
not permitted.
D. Roof Material: Roofing material shall be
dimensional architectural shingles or better
with a minimum 30 year warranty.
E. Porches, Stoops and Decks
1. Front Porches: All front entry stoops
and front porches shall be constructed
with continuous masonry foundation wall
or on 12"x12" masonry piers. Extended
front porches shall be a minimum of five
(5)' deep. Space between piers under
porches shall be enclosed with framed
lattice panels. Handrails and railings
shall be finished painted wood or metal
railing with vertical pickets or swan
balusters. Pickets shall be supported on
top and bottom rails that span between
columns.
2. Front Porch Flooring: Porch flooring may
be concrete, exposed aggregate concrete,
or a finished paving material such as
stone, the or brick, finished (stained
dark) wood, or properly trimmed composite
decking boards. Unfinished treated wood
decking is not acceptable. All front
steps shall be masonry to match the
foundation.
14-524
07/23/14
F. Front Loaded Garages: Front loaded garages
shall be located no closer to the street than
the front facade of the dwelling unit.
6. A twenty (20) foot buffer, exclusive of easements
and required yards, shall be provided adjacent to
Crown Point Rd from the western terminus of the
thirty (30) foot wide tree preservation strip
(Condition 9 of Case 05SN0193) This buffer shall
be provided in accordance with Zoning Ordinance
requirements and shall be supplemented with
plantings as necessary to comply with one (1) times
Landscape C.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14SN0578
In Midlothian Magisterial District, St. Ives LC requests
amendment of zoning (Case 05SN0329) relative to architectural
standards, garage setbacks, cash proffers, timbering, age
restriction and road improvements and amendment of zoning
district map in a Residential (R-12) District on 26.4 acres
fronting the northern terminus of North Otterdale Road, north
of Paddle Creek Drive. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Low Density
Residential use (maximum of 1.0 dwelling per acre). Tax ID
717-714-5888; 718-713-4861; and 718-714-0248.
Mr. Turner presented a summary of Case 14SN0578 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Andy Scherzer, representing the applicant, accepted the
recommendation. He respectively requested the Board's
approval.
Mr. Holland called for public comment.
Mr. Marshall Guider, Midlothian District resident, expressed
concerns relative to disturbance of property and the
bossibility of destrovina surrounding wetlands.
Mr. Roy Boyle, representing Brookcreek Crossing, requested
clarification regarding construction hours and the current
percentage of capacity at Watkins Elementary School.
Mr. George Emerson stated the cash proffer system is broken
and expressed concerns relative to developers paying cash
proffers in areas of the county where schools are not over
capacity. He stated the case presents an example of how
supply and demand can be leveled out in the county.
Mr. Paul Grasewicz urged the Board to approve the request. He
stated the proffered conditions adequately address the impact
of this development on necessary capital facilities. He noted
there is still a sharing of the cost of growth between the
taxpayer and the developer; however, new growth should pay
for itself.
There being no one else to speak to the issue, the public
hearing was closed.
J
J
14-525
07/23/14
Mr. Scherzer stated the issues brought up regarding wetlands
will be resolved during the normal process. He further stated
every development within the county has to go through various
permitting processes and received all the appropriate
requisite approvals. He stated the Department of
Environmental Engineering and the Army Corps of Engineers
will make a decision to determine full compliance. He noted
the land is currently zoned for the proposed land use. He
stated there are additional safeguards for the adjoining
neighborhood and significant road improvements relative to
the case.
Mr. Gecker noted Proffer 7 states there ar-e limitations on
timing of construction activity. In regards to wetland
delineations, he stated until resolved, a land disturbance
permit to commence the development would not be issued by
Environmental Engineering. He further stated the issue would
be resolved through the Army Corps of Engineers and
Environmental Engineering and does not affect the proposed
amendments. In regards to school capacity, he stated there
are plans within the current CIP for a reliever school for
Watkins Elementary. He stressed the importance of the
completion of North Otterdale Road to relieve traffic
elsewhere in adjoining neighborhoods and significantly reduce
fire response times. He noted the developer is constructing
the road on both the proposed land use and county owned
property.
Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for
the Board to approve Case 145N0578 and accept the following
proffered conditions:
With the approval of this request, Proffered Conditions 10,
11 and 16 of Case 05SN0329 shall be deleted and Proffered
Conditions 4, 9, 12, 13, 15 and 17 shall be amended as
outlined below. All other conditions of Case 05SN0329 shall
remain in force and effect.
The Applicant amends Proffered Condition 4 of Case 05SN0329
to read as follows:
1. Foundations: The exposed portion of any foundation
shall be brick or stone. Synthetic or natural
stucco foundations may be permitted for facades
constructed entirely of stucco. Rear walkout
basement walls may be sided or cast concrete
painted to match house.
The Applicant amends Proffered Condition 9 of Case 05SN0329
to read as follows:
2. Front Loaded Garages: Front loaded attached
garages shall be permitted to extend as far forward
from the front line of the main dwelling as the
front line of the front porch provided that the
roof lines of the porch and garage are contiguous.
Where the rooflines are not contiguous, garages
shal l be permitted to project a maximum of two ( 2 )
feet forward of the front line of the main
dwelling.
The Applicant amends Proffered Condition 12 of Case 055N0329
to read as follows:
14-526
07/23/14
3. Cash Proffer:
The applicant, subdivider, or
pay the following to the County
for infrastructure improvements
district for the property:
assignee(s) shall
of Chesterfield,
within the service
A. For each dwelling unit, the applicant, sub-
divider, or assignee(s) shall pay the
following to the County of Chesterfield, prior
to the issuance of a certificate of occupancy
for infrastructure improvements within the
service district for the property; provided
however that for the period through June 30,
2018, the applicant, sub-divider, or
assignee(s) shall pay the following to the
County of Chesterfield, immediately after
completion of the final inspection:
i. $11,262.00 per dwelling unit, if paid
prior to July 1, 2018. Or, if paid after
June 30, 2018, and before July 1, 2019,
$11,262.00 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. At time of payment $11,262.00
will be allocated pro-rata among the
facility costs as follows: $1,198.00 for
parks and recreation, $310.00 for library
facilities, $9,073.00 for schools and
$681.00 for fire stations;
ii. If payment is made after June 30, 2019,
the amount approved by the Board of
Supervisors not to exceed $11,262.00 per
dwelling unit pro-rated as set forth in
Proffered Condition 8.A.i. above and
adjusted upward by any increase in the
Marshall and Swift Building Cost Index
between July 1, 20018, and July 1 of the
fiscal year in which the payment is made
if paid after June 30, 2019.
B. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted
by law.
C. 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.
D. Should any impact fees be imposed by the
County of Chesterfield 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 be in addition to, any impact fees, in a
manner determined by the County. (B & M)
J
J
J
14-527
07/23/14
The Applicant amends Proffered Condition 13 of Case 05SN0329
to read as follows:
4. Timbering: Timber management, for the purpose of
enhancing the health and viability of the forest,
under the supervision of a qualified forester, 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)
The Applicant amends Proffered Condition 15 of Case 05SN0329
to read as follows:
5. Road Improvements: The following road improvements
shall be substantially complete, as determined by
the Transportation Department, prior to the
issuance of a certificate of occupancy. State
acceptance of these improvements shall be achieved
within two years of recordation of the initial
section unless determined otherwise by the Director
of Environmental Engineering.
A. Construction of additional pavement along
North Otterdale Road Extended at the approved
access to provide right and left turn lanes;
B. Construction of two (2) lanes of North
Otterdale Road Extended, to VDOT Urban
Collector Standards (40 mph) with
modifications approved by the Transportation
Department, from its current terminus in
Rosemont just north of the property to its
current terminus in Brookcreek Crossing just
south of the property, approximately 850 feet;
C. Dedication to Chesterfield County, free and
unrestricted, any additional right-of-way or
easements, required for these improvements.
The Applicant amends Proffered Condition 17 of Case 05SN0329
to read as follows:
6. Architectural/Design Elements.
A. Front Walks:
1. A minimum of a four (4) foot wide
hardscaped front walk shall be provided
to each dwelling unit.
B. Landscaping and Yards
1. Supplemental Trees: Prior to the
issuance of a Certificate of Occupancy
for each dwelling unit, a minimum of one
14-528
07/23/14
(1) flowering tree shall be planted in
each front yard. At the time of planting,
these supplemental trees shall have a
minimum caliper of 2" measured at breast
height (4' 10" above ground).
2. Front Yards: Except for the foundation
planting bed, all front yards shall be
sodded.
3. Front Foundation Planting Beds:
Foundation planting is required along the
entire front facade of all units, and
shall extend along all sides facing a
street. Foundation Planting Beds shall be
a minimum of 4' wide from the unit
foundation. Planting beds shall be
defined with a trenched edge or suitable
landscape edging material. Planting beds
shall include medium shrubs and may also
include spreading groundcovers.
C. Architecture and Materials
1. Repetition: Dwellings with the same
elevations may not be located adjacent
to, directly across from, or diagonally
across from each other on the same
street. This requirement does not apply
to units on different streets backing up
to each other.
2. Exterior Facades: Acceptable siding
materials include brick, stone, masonry,
stucco, synthetic stucco (E.I.F.S), and
approved horizontal lap siding.
Horizontal lap siding may be manufactured
from natural wood or cement fiber board
or may be premium quality vinyl siding.
Plywood and metal siding are not
permitted. Additional siding
requirements:
a. Where a dwelling borders more than
one street, all street-facing
facades shall be finished in the
same materials.
b. Cementitious and vinyl siding is
permitted in traditional wide beaded
styles only, unless otherwise
approved by the Architectural Board
for special design conditions.
Premium quality vinyl is defined as
vinyl siding with a minimum wall
thickness of .044".
c. Synthetic Stucco (E.I.F.S.) siding
shall be finished in smooth, sand or
level texture. Rough textures are
not permitted.
14-529
07/23/14
J
J
J
D.
Roof
Material: Roofing material
dimensional architectural shingles
with a minimum 30 year warranty.
shall be
or better
E. Porches, Stoops and Decks
1. Front Porches: All front entry stoops
and front porches shall be constructed
with continuous masonry foundation wall
or on 12"x12" masonry piers. Extended
front porches shall be a minimum of five
(5)' deep. Space between piers under
porches shall be enclosed with framed
lattice panels. Handrails and railings
shall be finished painted wood or metal
railing with vertical pickets or swan
balusters. Pickets shall be supported on
top and bottom rails that span between
columns.
2. Front Porch Flooring: Porch flooring may
be concrete, exposed aggregate concrete,
or a finished paving material such as
stone, the or brick, finished (stained
dark) wood, or properly trimmed composite
decking boards. Unfinished treated wood
decking is not acceptable.. All front
steps shall be masonry to match the
foundation.
The Applicant offers the following additional proffered
conditions:
7. Limitations on Timing of Construction Activity
A. Permitted Hours For Construction:
1. Construction activity shall be limited to
between the hours of 7:00 a.m. and 7:00
p.m. Monday through Friday; 7:00 a.m. to
6:00 p.m. on Saturday; and 8:00 a.m. to
5:00 p.m. on Sunday. For the purpose of
this condition, construction activity
shall be considered land clearing;
grading; installation of infrastructure
(such as roads, utilities and storm
drainage); and construction of a dwelling
on a vacant lot.
2. This condition is not intended to
restrict the hours of home construction
(such as with additions or alterations)
once a dwelling is occupied as a
residence.
3. Prior to commencing any construction
activity, these restrictions shall be
posted in English and Spanish on a 2' X
2' sign that is clearly legible from the
public right of way at the entrance into
the development. Such sign shall be
maintained by the developer and shall
14-530
07/23/14
remain until all construction activity is
complete.
B. Written Notification Prior To Commencing
Construction:
Prior to any construction activity, the
Developer shall notify all adjacent property
owners in writing of the anticipated date
construction activity will commence.
C. Evidence of Performance:
Prior to the issuance of a land disturbance
permit, the Developer shall provide written
confirmation to the Environmental Engineering
Department that the sign posting(s) and
written notifications have occurred as
required by this condition. (P & EE).
8. Landscape Strip: A ten (10) foot wide landscape
strip shall be provided adjacent to Tax IDs: 718-
713-8700, 8807, 9014, 9022, 9031, 9238 and 9446.
Plantings shall conform to Exhibit A prepared by
Balzer and Associates and dated June 6, 2014, or as
otherwise approved by the Chesterfield County
Planning Department at the time of building permit
review. Evergreen plantings shall have a minimum
height of six (6) feet at time of planting.
Deciduous trees shall have a minimum height of nine
(9) feet at time of planting. All plantings within
this landscape strip shall be installed on each
individual lot prior to the issuance of final
occupancy for a dwelling on such lot. (P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
'13SN0125
In Clover Hill Magisterial District, request of Viridis
Development Corporation for amendment of zoning (Case
06SN0127) to eliminate cash proffers and increase density and
amendment of zoning district map in a Residential (R-12)
District on 22.6 acres lying at the northern terminus of
Vickilee Road, the western terminus of Marblethorpe Road, the
eastern terminus of North Vickilee Road and Vickilee Court.
Residential use of up to 3.63 units per acre is permitted in
the Residential (R-12) District. The Comprehensive Plan
suggests the property is appropriate for Residential use of
2.5 dwellings per acre or less. Tax IDs 746-699-8830; and
747-699-0744, 1248, 1750, 2453, 3040 and 4454.
Mr. Robert Clay presented a summary of Case 13SN0125 and
stated the Planning Commission recommended approval and
acceptance of the proffered conditions. He further stated
staff recommends denial. He stated the requested modification
to density would increase the maximum density of the
development from 2.1 to 2.16 dwelling units per acre,
resulting in an additional three lots with sole access
through Forest Acres Subdivision. He further stated the
amendment continues to maintain compatibility with area
J
J
J
14-531
07/23/14
development. He stated the requested modification would also
delete the cash proffer in favor of proffered road
improvements to mitigate the impact, and the request falls
short of adequately addressing the proposed development's
impact o~ school, park, library and fire station facilities.
Consequently, he stated the county's ability to provide
adequate facilities to its citizens will be adversely
impacted. He further stated given these considerations,
denial of the request to eliminate the cash proffer and
approval of the requested increase in density is recommended.
Mr. Brennen Keene, representing the applicant, stated the
original zoning case was approved in August 2006 with the
cash proffer at the time of $11,225 per dwelling unit with
the provision of off-site stormwater improvements, subject to
the Marshall and Swift Index escalator. He further stated the
cash proffer would have been $15,660 if the stormwater
improvements could not have been constructed. He stated the
applicant is requesting the deletion of cash proffers and is
furthermore offering the development of a northbound right
turn lane along Courthouse Road at Cherlynn Road to address
its impact on transportation. In addition, he stated the
applicant is proffering density of no more than fifty lots,
and an average lot size of 14,700 square feet, if sole access
is provided through Forest Acres Subdivision. He stated if
the development does not create the need to expand capital
facilities, then no cash proffer should be anticipated. He
further stated no individualized determination has been
provided in this case as to parks, libraries, fire/EMS and
schools, and evidence has been provided by the applicant that
shows that there are, in fact, no impacts on the need to
expand those capital facilities. He noted other impacts
(transportation) have been addressed. In closing, he stated
the applicant is improving other county-owned capital
facilities impacts (stormwater facilities) at a cost
substantially higher than anticipated in the original zoning
request and should be considered as an offset for any
perceived impacts.
Mr. Holland called for public comment.
Ms. Sandy Pettengill expressed concerns relative to the
elimination of cash proffers. She stated zoning applicants
should be held responsible for paying their fair share of the
cost of new or expanding public facilities. She urged the
Board to deny the request.
Mr. Bob Olsen stated the full removal of cash proffers would
require infrastructure costs to be endured by existing county
residents.
Mr. Freddy Boisseau expressed concerns relative to the
elimination of cash proffers.. He stated developers should pay
their share of the cost to build new or expanding
infrastructure.
Mr. John Pettengill urged the Board to deny the request. He
stated zoning applicants should be held responsible for
paying their fair share of impacts made to public facilities.
Mr. Paul Grasewicz stated the proposed case amendments do not
satisfactorily mitigate the impacts of the subdivision on
county public facilities. He further stated the existing
zoning provides a reasonable use of the property with
14-532
07/23/14
conditions proffered by the applicant that do address the
impacts of the development on capital facilities. He urged
the Board to deny the request.
Mr. George Robinson, representing the Woodlake Community
Association, stated there have been 10 public hearings since
November 2012. He further stated focus should be on county-
wide public facility and infrastructure needs rather than the
needs within a single area. He stated applicants should pay
the full cash proffer amount approved by the Board.
Mr. Roy Boyle expressed concerns relative to Case 05SN0329
and the North Otterdale extension.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Keene stated the applicant is proffering transportation
improvements that are in lieu of the transportation cash
proffer. He noted the drainage issue is not caused by the
development, but by upstream and downstream properties. He
stated the development is located in an area of the county
that needs revitalization. He noted if the county
redistricted schools today, there would no longer be any
capacity issues. He stated the proposal would have minimal
impact on the area's public facilities.
In response to Mr. Warren's question regarding the difference
between the case approved in 2006 versus the current case,
Mr. Clay stated the requested modification to density would
increase the maximum density of the development from 2.1 to
2.16 dwelling units per acre, resulting in three lots with
sole access through Forest Acres Subdivision. He further
stated the requested modification would also delete the cash
proffer in favor of proffered road improvements to mitigate
the impact of the development on capital facilities. He
stated staff is recommending denial of the request to
eliminate the cash proffer.
In response to Mr. Warren's question, Mr. Carmody stated when
looking at the policy and the parameters that are set out for
evaluating individual properties, staff has adhered to the
policy. He further stated the proposal by the applicant does
fall short of adequately mitigating the impacts on four of
the five categories of capital facilities, and therefore,
does cause some concern for the health, safety and welfare of
county citizens.
In response to Mr. Warren's question regarding a letter from
the applicant's other attorney, Mr. Mincks stated there is a
state statute that was effective July 1 that states if a
zoning applicant sends a letter in advance of a zoning case
and claims that a condition is unconstitutional if a court
finds the condition is unconstitutional then there is a
presumption that the unconstitutional condition was the basis
of the governing body's decision. He further stated the
statute pertains to how a dispute would play out in court,
but does not change any of the rules as to the
appropriateness of the conditions. He stated the rules
pertaining to accepting conditions, proffers or denying cases
are the same legal rules that have been in effect. He further
stated the standard that was upheld in the previous case,
which the county is involved in, that established the same
test of nexus and if the Board does not believe the applicant
in the case in question is proffering necessary impacts
generated by the development, then it is appropriate for the
Board to deny the case.
J
J
J
14-533
07/23/14
Ms. Jaeckle stated the Board has spent years discussing
revitalization and changes that need to be made relative to
the divide within the county. She stated there is an
opportunity to provide more homeownership to support specific
schools to benefit the west portion of the county. She noted
the comments made by Planning Commissioners at the February
meeting. She stressed the importance of changing the Cash
Proffer Policy to address demographics relative to schools.
She noted the development is mitigating stormwater drainage
issues that will affect other areas. She stated she believes
the case promotes flexibility in the policy as a way of
supporting revitalization efforts.
Mr. Gecker stated there is a continual shift to the
northwest, leaving behind some of the eastern areas. He
further stated slowly but surely those issues are being
addressed through the School Revitalization Plan and the
emphasis through the Comprehensive Plan on revitalization. He
stated it is interesting to see the evolution of the way
cases get argued from FY2000 to today relative to proffers.
He further stated in this case in particular it seems that
land use does still matter in an area of the county that may
need revitalization. He stated the intent was not to cram
every lot into every vacant piece of property, but to be more
respectful of the land and allow for developments that
enhance existing neighborhoods. He further stated the
drainage and erosion issues, as noted in the staff report,
are significant and really not benefited by the increased
density proposed by the applicant. He stated from his
perspective, the case is not a case about proffers, and
inquired whether the proposal represents the character of
development in 2014 that is needed in the area off Courthouse
Road. He further stated the applicant should be willing to
proffer higher quality than the surrounding area to enhance
the existing neighborhoods.
Mr. Holland indicated that the focus should be on county-wide
public infrastructure needs rather than the needs within a
single area. He stated there seems to be some ambiguity
relative to infill and revitalization. He noted the applicant
does not mitigate the impacts of the development on school,
park, library-and fire station facilities.
Ms. Jaeckle stressed the importance of incentivizing
community reinvestment and noted aging neighborhoods need to
attract younger residents. She stated if improvement to the
demographics of area schools are not made, nothing will
change. She further stated if quality was incorporated
instead of the proffers, since the schools are not
overcrowded, that would in the long-term be more beneficial
to the county than the actual payment of the proffer.
Mr. warren stated the county calculates the impact of each
residential development on county facilities such as schools,
parks, libraries, fire stations and roads. He further stated
the county does this calculation every year to make sure it
is as accurate as possible . He stated we use a formula that
has been tested and found by the courts to be legally proper.
He further stated in order to ensure the health, safety and
welfare of county residents, and pursuant to state zoning
law, developers must then choose how they will account for
the impact of their development on public facilities. He
stated the county's annual calculation of the impact of
residential development on public facilities accurately
assesses impact which meets a "rough proportionality" test
according to the County Attorney and the courts. He further
stated in other words, what is proffered by an applicant must
14-534
07/23/14
be roughly proportional to the impact of the development on
these county facilities. He stated that the applicant does
not have to make a cash proffer. He further stated cash
proffers are just one of many ways that an applicant accounts
for the impact of development. He stated he was told by the
County Attorney that back in 1996 the Fourth Circuit Court of
Appeals approved the county's cash proffer analysis in the
case of National Association of Home Builders versus
Chesterfield County, using the rough proportionality test,
and that the United States Supreme Court reaffirmed the rough
proportionality test in the 2013 Koontz decision. He further
stated here, the applicant is contending that its development
will have no impact on schools, parks, fire stations, or
libraries. He stated it reaches that conclusion by focusing
only on the closest facilities to the development. He further
stated the applicant ignores that each resident has an impact
which is cumulative to the impact of every other resident. He
stated there is no reason to believe that the residents
living in this residential development as opposed to other
development will somehow have no impact on capital
facilities. He further stated children often attend schools
outside of their attendance zones, and attendance zone
boundaries fluctuate with the school-aged population.
Residents enjoy parks and libraries located outside of their
immediate neighborhoods. He stated our firefighters respond
to fires and emergency situations throughout the county when
necessary. He further stated facilities age and need to be
expanded or replaced and additional facilities must be built.
He stated here, the applicant's zoning application fails to
meet the impact of its development on county schools, parks,
libraries and fire stations. He further stated he is also
concerned with the development's expected drainage impact on
the Forest Acres subdivision. He stated the Environmental
Engineering Department states that drainage and flooding
problems will occur downstream if density of development on
the Viridis site increases, as the applicant is requesting.
He further stated he could not just turn a blind eye to this
problem. He stated all of these reasons and for some reasons
set forth in the staff report and for the reasons mentioned
at the public hearing tonight, he moved that the Board deny
case 13SN0125."
Mr. Elswick seconded Mr. Warren's motion.
Mr. Holland then called for a vote on the motion of Mr.
Warren, seconded by Mr. Elswick, for the Board to deny Case
13SN0125.
Ayes: Holland, Elswick, Warren and Gecker.
Nays: None.
Abstain: Ms. Jaeckle.
Ms. Jaeckle noted her vote to abstain was due to the issue of
the developer not addressing quality standards. She expressed,
concerns relative to the lack of support for revitalization
efforts in certain areas of the county.
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 ~tterdale 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.
J
J
J
14-535
07/23/14
Ms. Jane Peterson presented a summary of Case 14SN0572 and
stated the Planning Commission recommended approval and
acceptance of the proffered conditions. She further stated
staff recommended denial because while the property is zoned
Agricultural and is close to the minimum three-acre
requirement for by-right stock farm use, and proffered
conditions offer standards intended to mitigate the impact of
the keeping the additional fowl on adjacent properties, the
proposal to continue keeping the additional hens and ducks
may have an adverse impact on existing and anticipated
single-family residential development in the area.
In response to Mr. Gecker's question, Ms. Peterson stated the
property is 2.3 acres in area, close to the 3 acres
requirement for by-right stock farm use.
Ms. Shayma Said stated she accepts the recommendation and
urged the Board to approve the conditional use. She stated
because of her religion, her family must rely on the chickens
and other fowl that they raise for food and nourishment. She
noted the property is well-kept and maintained.
Mr. Holland called for public comment.
Mr. Steve Jones expressed concerns relative to the increased
number of fowl on the applicant's property. He inquired about
the number of hooved animals allowed on the property. He
urged the Board to deny the request.
Mr. Gecker noted hooved animals are not allowed on the
property.
In response to Mr. Warren's question, Mr. Jones stated he
lives on the back side of the applicant's property, three
lots down.
Mr. Gecker also noted that roosters are prohibited.
Ms. Sandy Vanover, an adjacent homeowner, stated the Said
family has been an asset to the neighborhood. She further
stated the fowl present no odor issues or noise concerns, the
coop is unnoticeable and the property is well maintained. She
urged the Board to approve the request.
Mr. Seth Austin, an adjacent homeowner, urged the Board to
support the conditional use.
Mr. Paul Little commended the applicant's efforts in removing
debris and discarded material left on the property by the
former owners. He asked the Board to approve the request.
Mr. Freddy Boisseau stated the applicant is not creating a
trespass or a nuisance to their neighboring property owners.
He urged the Board to approve the conditional use.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Gecker expressed his appreciation for those who spoke to
the case. He stated he does not believe the conditional use
will adversely impact anyone.
Mr. Gecker then made a motion, seconded by Mr. Elswick, for
the Board to approve Case 14SN0572.
Discussion ensued relative to livestock allowed on the
property:
14-536
07/23/14
Mr. Holland called for a vote on the motion made by Mr.
Gecker, seconded by Ms. Elswick, for the Board to approve
Case 14SN0572 and accept the following proffered conditions:
1. This conditional use shall be granted to and for Shayma
Said, exclusively, and shall not be transferable or run
with the land. (P)
2. A maximum of thirty-three (33) chickens and ten (10)
ducks may be kept on the property. The keeping of
roosters shall be prohibited. (P)
3. All chickens and duck
area or pen . The pen
or corner side yards
located a minimum of
rear property lines
corner side property
(P)
:s shall be confined to an enclosed
shall not be located in the front
of the property. The pen shall be
fifty (50) feet from the side and
and a minimum of 100 feet from
line measured from Gamecock Road.
4. No less than 100 square feet of the existing building,
which is identified on Attachment 1 as the existing coop
and which contains approximately 412 gross square feet,
shall be maintained to serve as the coop. There shall be
no additions permitted to this building to accommodate
the use. A fenced outside run, no less than 500 square
feet and no greater than 700 square feet in area, shall
be provided. (P)
5. All areas associated with the keeping of chickens (pens,
coups, shelters, etc.) shall be cleaned and made free of
waste on a regular basis. In addition, the property
owner shall employ a means of eliminating any odor
problems and propagation of insects. (P)
6. A single row of evergreen trees shall be planted along
the northern and western boundary of the outside run to
reduce visibility of the run from Gamecock Road and the
adjacent property to the west. Within sixty (60) days of
the approval of this request, the applicant shall submit
a landscaping plan to the Planning Department for review
and approval. The approved landscaping shall be
installed within ninety (90) days of the approval of the
landscape plan. (P)
7. This Conditional Use shall be granted for a period not
to exceed five (5) years from the date of approval. (P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
145N0567
In Bermuda Magisterial District, Rivers Bend Medical Office
III LLC requests conditional use planned development to
permit exceptions to ordinance requirements relative to
signage and amendment of zoning district map in a
Neighborhood Business (C-2) District on 1.4 acre known as 300
West Hundred Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Neighborhood Office
use. Tax ID 812-653-2407.
J
J
14-537
07/23/14
Mr. Ryan Ramsey presented a summary of Case 14SN0567 and
stated the Planning Commission recommended approval and
acceptance of the proffered condition. He further stated
staff recommended denial because the sign standards of the
Zoning Ordinance and conditions of zoning provide sufficient
freestanding signage to identify the office park project. He
stated approval of the request potentially sets a precedent
for other projects to seek similar exceptions, thereby
resulting in sign proliferation along the Route 10 Corridor.
Ms. Carrie Coyner, representing the applicant, stated a
second freestanding identification sign for the Rivers Bend
Medical Office Park is proposed. She further stated there is
a need for businesses located along high-speed arterial
roadways to have visibility of project identification signs.
She stated the sign would be limited to fifteen feet in
height and seventy-five square feet in area with changeable
copy. She noted the sign's high-quality design. She
respectfully requested the Board's approval.
In response to Mr. Holland's question, Ms. Coyner stated the
Rivers Bend Medical Office Park, developed in two phases, is
currently identified by a freestanding sign located at the
northwest corner of West Hundred Road and Rivers Bend
Boulevard. She further stated while the ordinance limits this
project to one freestanding identification sign, the
applicant is requesting a second freestanding project sign to
be located to the east side of the Phase 2 entrance.
Mr. Holland called for public comment.
Mr. Shawn Iker, property manager for the Rivers Bend Medical
Park, urged the Board to approve the request. He stated
tenants' main priorities are visibility and signage.
There being no one else to speak to the issue, the public
hearing was closed.
Ms. Jaeckle stated she certainly understands the ordinance
and the purpose of sign standards; however, signage is very
important to small businesses and meets the intended goal.
Ms. Jaeckle then made a motion, seconded by Mr. warren, for
the Board to approve Case 14SN0567 and accept the following
proffered condition:
The Applicant in this case, pursuant to Section 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for themselves and their
successors or assigns, proffer that the property known as
Chesterfield County Tax Identification Number 812-653-2407
("the Property") under consideration will be developed
according to the following amended proffers if, and only if,
the request submitted herewith is granted with only those
conditions agreed to by the Applicant. In the event this
request is denied or approved with conditions not agreed to
by the owner and Applicant, the proffer shall immediately be
null and void and of no further force or effect.
Master Plan. The Textual Statement dated June 23, 2014
shall be considered the Master Plan. (P)
(STAFF NOTE: All previous conditions of zoning approved
in Case 87SN080 shall remain in full force and effect.)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
14-538
07/23/14
Mr. Mincks specified that the
combined and heard as one publi
need to be voted on separately.
14SN0575
following two cases could be
c hearing; however, they would
In Bermuda Magisterial District, Enon Land Company, LLC
requests conditional use planned development to permit
exceptions to ordinance requirements relative to signage and
amendment of zoning district map in a Community Business (C-
3) District on 4.2 acres known as 241 East Hundred Road.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Neighborhood Business use. Tax ID 815-652-
7510.
14SN0576
In Bermuda Magisterial District, Enon Land Company II LLC
requests conditional use planned development to permit
exceptions to ordinance requirements relative to signage and
amendment of zoning district map in a General Business (C-5)
Districts on 2 acres known as 200 East Hundred Road. Density
will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Neighborhood Business use. Tax ID 814-652-
8334.
Mr. Clay presented summaries of Case 14SN0575 and Case
14SN0576 and stated the Planning Commission recommended
approval and acceptance of the proffered condition. He
further stated staff recommended denial of both cases because
the sign standards of the Zoning Ordinance provide sufficient
signage to identify a shopping center project. He stated
approval of the request potentially sets a precedent for
other projects to seek similar exceptions.
Ms. Carrie Coyner, representing the applicant, stated
freestanding signs for Rivers Bend South and Rivers Bend
South II shopping center are being proposed. She further
stated there is a need for businesses located along high-
speed arterial roadways to have visibility of project
identification signs. She stated the applicant is requesting
an exception to limitations of the ordinance to replace the
existing freestanding project sign with a new sign that is
larger in area. She noted the older sign currently in place
will be removed upon approval of the request.
Mr. Holland called for public comment relative to both cases.
Ms. Fran Morris, office manager of Morris Cardiovascular and
Risk Reduction Center, stressed the importance of signage for
their patients.
Dr. Raj Datta, owner of River's Bend Eye Care, also stressed
the importance of signage for her patients.
Mr. Shawn Iker, property manager for the Rivers Bend Medical
Park, urged the Board to approve the request. He stated
tenants' main priorities are visibility and signage. He noted
the tenants signed a petition in support of the proposal.
There being no one else to speak to the issue, the public
hearing was closed.
14-539
J
J
J
07/23/14
Ms. Jaeckle noted that shop visibility is poor and stressed
the importance of signage for small businesses within the
shopping center.
Ms. Jaeckle then made a motion, seconded by Mr. Warren, for
the Board to approve Case 14SN0575 and accept the following
proffered condition:
The Applicant in this case, pursuant to Section 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for themselves and their
successors or assigns, proffer that the property known as
Chesterfield County Tax Identification Number 815-652-7510
("the Property") under consideration will be developed
according to the following amended proffers if, and only if,
the request submitted herewith is granted with only those
conditions agreed to by the Applicant. In the event this
request is denied or approved with conditions not agreed to
by the owner and Applicant, the proffer shall immediately be
null and void and of no further force or effect.
Master Plan. The Textual Statement dated June 23, 2014
shall be considered the Master Plan. (P)
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved Case 14SN0576 and accepted the following proffered
condition:
The Applicant in this case, pursuant to Section 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for themselves and their
successors or assigns, proffer that the property known as
Chesterfield County Tax Identification Number 815-652-7510
("the Property") under consideration will be developed
according to the following amended proffers if, and only if,
the request submitted herewith is granted with only those
conditions agreed to by the Applicant. In the event this
request is denied or approved with conditions not agreed to
by the owner and Applicant, the proffer shall immediately be
null and void and of no further force or effect.
Master Plan. The Textual Statement dated June 23, 2014
shall be considered the Master Plan. (P)
18. PUBLIC HEARINGS
18.A. TO CONSIDER AMENDING CHAPTER 10, FIRE PROTECTION, OF
THE COUNTY CODE
Battalion Chief Keith Chambers stated this date and time has
been advertised for the Board to consider amending Chapter
10, Fire Protection, of the County Code. He stated the State
Department of Housing and Community Development has recently
promulgated changes to the VSFPC which will become effective
July 18, 2014. He further stated accordingly, the county
needs to update the County Code where it refers to the VSFPC
to reflect the changes made by the state. He stated these
changes are administrative in nature, including changes to
the numbering of code sections or clarification of existing
language, or a change in the terminology used, but no
substantive changes are being made.
14-540
07/23/14
Mr. Holland called for public comment.
Mr. Freddy Boisseau inquired about an observation he made
relative to operational permit requirements.
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 10-3 RELATING TO THE FIRE PREVENTION
CODE
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 10-3 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 10-3. Fire prevention code-Amendments, additions and
deletions.
The Virginia Statewide Fire Prevention Code is hereby
amended and changed pursuant to Code of Virginia, § 27-97, in
the following respects:
Chapter 1. Administration and Enforcement
106.3 Inspections: Delete and substitute 106.3 as follows:
The fire official is authorized to conduct such inspections
as are deemed necessary to determine the extent of compliance
with the provisions of this code and to approve reports of
inspection by approved agencies or individuals. All reports
of such inspections shall be prepared and submitted in
writing for review and approval. Inspection reports shall be
certified by a responsible officer of such approved agency or
by the responsible individual in accordance with the fire
official's written policy. The fire official is authorized to
engage such expert opinion as deemed necessary to report upon
unusual, detailed or complex technical issues subject to the
approval of the governing body. The fire official may require
the owner or owner's agent to inspect the owner's property or
equipment in accordance with guidelines approved by the fire
official.
106.8 Plans Review and Certificate of Occupancy: Add section
106.8 as follows:
The fire official shall assist the building official in the
review of construction plans for compliance with the fire
protection provisions of the Virginia Uniform Statewide
Building Code for all structures and/or facilities, except
detached one- and two-family dwellings, prior to the issuance
of a building permit. Furthermore, the fire official shall
assist the building official in performing inspections of new
systems and structures prior to the issuance of the
certificate of occupancy.
106.9 Fire Hydrants: Add section 106.9 as follows:
J
J
.~
14-541
07/23/14
During the site and/or construction plans review process for
construction or change in use of any building or structure,
the fire official shall have the authority to require the
installation of fire hydrants as he deems necessary to have
water available for fire fighting purposes prior to the use
of combustible materials in construction being commenced on
any floor above the first or ground floor level. Such
hydrants shall be accessible to fire fighting apparatus at
the time they are installed and at all times thereafter. The
fire official will determine the need for fire hydrants based
on the use and size of the structure involved and the
availability of water in the area of the property. The number
of fire hydrants, their placement and the desired flow shall
be determined by regulations established from nationally
recognized standards.
106.10 Authority to Take Photographs: Add section 106.10 as
follows:
The fire official or his duly authorized representative is
authorized to make sketches and take photographs to document
conditions he observes that he believes are violations of the
provisions of this code. Subsequent to a fire, explosion, or
other emergency, photographs may be taken as are necessary to
adequately depict the conditions of the property for the
purpose of investigation. No person shall prevent the fire
official from making sketches or taking photographs.
107.2 Operational Permits add Table 107.2 as follows:
TABLE 107.2.
OPERATIONAL PERMIT REQUIREMENTS
'.DESCRIPTION
rAerosol products. A
!. PERMIT
!REQUIRED
;(yes or
no)
n operational No
permit is required to
manufacture, store or handle an
.aggregate quantity of Level 2 or
'.Level 3 aerosol products in
'.excess of 500 pounds (227 kg)
net weight.
Amusement buildings. An No
';operational permit is required
'to operate a special amusement
,building.
Aviation facilities. An !No
.operational permit is required
to use a Group H or Group S
.occupancy for aircraft servicing
or repair and aircraft fuel-
servicing vehicles. Additional
permits required by other
sections of this code include,
but are not limited t
work, hazardous mate
flammable or combusti
finishes.
rCarnivals and fairs.
..operational permit is
Ito conduct a carnival
o, hot
rials and
ble
An No
required
or fair.
14-542
07/23/14
Cellulose nitrate film. An No
operational permit is required
to store, handle or use
cellulose nitrate film in a
Group A occupancy.
Combustible dust-producing ,No
.operations. An operational ''
'permit is required to operate a
grain elevator, flour starch
mill, feed mill, or a plant
pulverizing aluminum, coal,
cocoa, magnesium, spices or
sugar, or other operations
producing combustible dusts as
defined in Chapter 2.
Combustible fibers. An No
operational permit is required
for the storage and handling of
combustible fibers in quantities
greater than 100 cubic feet (2.8 !.
m3) .
Exception: An operational permit
is not required for agricultural
'storage.
Compressed gas. An operational !No
.permit is required for the
storage, use or handling at
.normal temperature and pressure
(NTP) of compressed gases in
excess of the amounts listed
below. '
Exception: Vehicles equipped for ~'
and using compressed gas as a
fuel for propelling the vehicle.
PERMIT AMOUNTS FOR COMPRESSED
GASES
TYPE OF GAS (AMOUNT (cubic
;feet at NTP)
Corrosive ',r~
Flammable (except %~
cryogenic fluids
and liquefied
petroleum gases)
Highly toxic ;~
r._.
Inert and simple 'E
asphyxiant
~ T_._..._.. - --_._... _. _.---_~._.
(Oxidizing
.(including
oxygen)
Pyrophoric ~ ~
_____ --- - --- _ -- -y
Toxic ~
For SI: 1 cubic foo
m2
Covered and open ma
An operational perm
required for:
J
J
14-543
07/23/14
1. The placement of retail
fixtures and displays,
.concession equipment, displays
of highly combustible goods and ',
'similar items in the mall.
2. The display of liquid-fired
or gas-fired equipment in the
mall.
3. The use of open-flame or
flame-producing equipment in the I
mall.
~__.._-_ __.__ ___ _____- -----_._ ______ _ ____ __.__ _ _ _ _____r
Cryogenic fluids. An operational .No
permit is required to produce,
store, transport on site, use,
',handle or dispense cryogenic
fluids in excess of the amounts
.listed below.
'Exception: Operational permits
',are not required for vehicles
equipped for and using cryogenic '
fluids as a fuel for propelling
the vehicle or for refrigerating
.the lading.
'PERMIT AMOUNTS FOR CRYOGENIC
FLUIDS
TYPE OF CRYOGENIC INSIDE iOUTSIDE
FLUID ~ BUILDING ' BUILDING
(gallons) ~ (gallons)
~_--__ --_ _ _ .;____ _. ___ _.-__-- _____ T_____ ____ ______ ______ ..a
Flammable ;More than 1 !60
Inert I60 1500
Oxidizing 10 '50
(includes oxygen)
Physical or Any amount ;Any
health hazard not ~ !amount
indicated above
For SI: 1 gallon = 3.785 L.
--- ----
.Cutting and welding. An
INo
operational permit is required
!to conduct cutting or welding ',
',operations within the
..jurisdiction.
,Dry cleaning plants. An No
operational permit is required
to engage in the business of dry "'
cleaning or to change to a more
hazardous cleaning solvent used
in existing dry cleaning
,equipment.
YExhibits and trade shows. An No
operational permit is required
to operate exhibits and trade
shows.
Explosives, fireworks, and
pyrotechnics. An operational
'permit is required for the
manufacture, storage, handling, ',
14-544
07/23/14
sale or use of any quantity
explosive, explosive materi,
fireworks, pyrotechnic spec
effects, or pyrotechnic spe~
effects material within the
scope of Chapter 56.
a. Explosives and blasting
agents
b. Fireworks, public or
private display
c. Pyrotechnic special of
materials
.Exception: Storage in Group
or R-5 occupancies of smoke
'propellant, black powder an•
small arms primers for pers~
use, not for resale, and in
.accordance with the quantity
limitations and conditions
forth in Section 5601.1,
.exception numbers four and
Fire hydrants and
operational permit
to use or operate
or valves intended
valves. A:
is requi:
fire hydra
for fire
suppression purposes which ;
installed on water systems ;
accessible to a fire appara
.access road that is open to
generally used by the public
Exception: An operational p.
is not required for authori
.employees of the water comp.
.that supplies the system or
fire department to use or
operate fire hydrants or va:
Flammable and combustible
'liquids. An operational pert
is required:
1. To use or operate a pipeline
for the transportation within
facilities of flammable or
combustible liquids. This !~
requirement shall not apply to
the offsite transportation in
pipelines regulated by the
Department of Transportation
(DOTn) nor does it apply to
piping systems.
2. To store, handle or use Class
I liquids in excess of five
gallons (19 L) in a building or
in excess of ten gallons (37.9
'L) outside of a building, except
'that a permit is not required
,for the following:
..~`_--.------__..--------_----_________._.__------__ __.__ _----__e~___-.--
'2.1. The storage or use of Class ~No
'I liquids in the fuel tank of a
motor vehicle, aircraft, j
J
J
14-545
07/23/14
motorboat, mobile power plant or
mobile heating plant, unless
.such storage, in the opinion of
the fire official, would cause
an unsafe condition.
2.2. The storage or use of '
'.paints, oils, varnishes or
similar flammable mixtures when
such liquids are stored for
maintenance, painting or similar
.purposes for a period of not
more than 30 days.
3. To store, handle or use Class ,'~
II or Class IIIA liquids in
excess of 25 gallons (95 L) in a
building or in excess of 60
gallons (227 L) outside a
building, except for fuel oil
used in connection with oil-
',burning equipment.
4. To remove Class I or Class II
liquids from an underground
.storage tank used for fueling
motor vehicles by any means
.other than the approved,
'.stationary on-site pumps !,
normally used for dispensing ',
'purposes. ',
5. To operate tank vehicles,
,equipment, tanks, plants,
',terminals, wells, fuel- '
'.dispensing stations, refineries,
distilleries and similar '
.facilities where flammable and
combustible liquids are
produced, processed,
transported, stored, dispensed ',
or used.
6. To remove, abandon, place
,temporarily out of service (for
more than 90 days) or otherwise
'dispose of an underground,
'protected above-ground or above-
':ground flammable or combustible
liquid tank.
7. To change the type of
contents stored in a flammable
or combustible liquid tank to a
'material which poses a greater
hazard than that for which the
tank was designed and
constructed. '
8. To manufacture, process, ',
blend or refine flammable or
combustible liquids. '
Floor finishing. An operational 'No
permit is required for floor
finishing or surfacing
operations exceeding 350 square
.feet (33 m2) using Class I or
Class II liquids.
r ---..____ _.._ _.. .._.__--.
'Fruit and crop ripening. An No
14-546
07/23/14
operational permit is required
to operate a fruit-ripening, or
crop-ripening facility or
conduct a fruit-ripening process
using ethylene gas.
Fumigation, thermal, and ?No
.insecticidal fogging. An
operational permit is required
to operate a business of
fumigation, thermal, or
insecticidal fogging and to ~!
maintain a room, vault or
chamber in which a toxic or
flammable fumigant is used. ',
Hazardous materials. An 'No
operational permit is requ'
to store, transport on sit
dispense, use or handle
hazardous materials in exc
the amounts listed below.
PERMIT AMOUNTS FOR HAZA~
MATERIALS
TYPE OF MATERIAL AMOUNT
Combustible ;See flat
liquids ;and
', combust:
liquids
Corrosive
.materials
Gases See comb
jgases
Liquids X55 gal lc
Solids 1,000 p<
_ -_._.._ _ _ __ ___ _ r , ______ __._
'Explosive ; See exp:
materials
Flammable
.materials
Gases +See comb
',gases
Liquids See flan
'and
!combustible
~~;liquids
Solids '100 pounds
Highly toxic
materials i
-- ._-- ---_-. _ r___. _. __.__ _.__. _ ,__ ___ _ __. ___. . __ _..--
Gases See compressed
~ ases '
ig j
I
--. --_.~
07/23/14
J
J
J
Liquids
Class 4 Any amount '
Class 3 1 gallons
Class 2 r__.--- _ __ _ - - _ _ _.. __
X10 gallons
Class 1 ,55 gallons
Solids
_ _ _ __ -- __. _____
Class 4 ~ -.. _ _ . __ _. _ _ ___ _. __ __ __a
iAny amount
Class 3
----- j 10 poundsb
r
Class 2 X100 pounds
Class 1 X500 pounds
Organic peroxides
--.._. ___ .. __ . _
~ .___ __.____. __.._.. __. _-.. _.. _. ..____. ... .... __ _.._ _-- _.._..__ __
r
Liquids
Class I .Any amount
__ __ ___ _ __ _r __ __ _._
___ _ _ __ _ _ _____
Class II An amount
__Y
Class III '1 gallon
Class IV !2 gallons
Class V No permit
required
Solids
Class I ;Any amount ,
' Class II Any amount
________ _.. ___ __-.---
Class III _ __ ___ ____ T__..
j10 pounds
Class IV X20 pounds ' ~ i
_. _ _.._-- _
Class V __..____ ____ _ _ _ _ ____ . r___.___ __________ _.
~_.
No permit '
!required
fPyrophoric
.materials
Gases !..See compressed ',
',gases
Liquids ;Any amount
Solids !Any amount
Toxic materials
' Gases ;See compressed ',
;gases
Liquids X10 gallons
Solids ;100 pounds
Unstable
(reactive)
materials
Liquids
_. _--- - _-- _ ___ _ , _ _ _ _ ___ _ r---- - ----- - _
Class 4 'Any amount
Class 3 !Any amount
Class 2 ~5 gallons
Class 1 I,10 gallons
___-- _ _ _
Solids
Class 4 'Any amount
14-548
07/23/14
~- Class 3 Any amount
Class 2 ;50 pounds
J
Class 3
Class 2
.Any amount '
j50 pounds ~~
_.__ T_____.-- -___ _ - -- ~ --
Class 1 ;500 pounds
----,-
For SI: 1 gallon = 3.785 L, 1
pound = 0.454 kg.
a. Twenty gallons when Table
5003.1.1(1) Note k applies and
hazard identification signs in '
accordance with Section 5003.5
are provided for quantities of
20 gallons or less.
b. Twenty pounds when Table
5003.1.1(1) Note k applies and
.hazard identification signs in
accordance with Section 5003.5
.are provided for quantities of
200 pounds or less.
HPM facilities. An operational
permit is required to store,
handle or use hazardous
production materials.
High piled storage. An
.operational permit is required
to use a building or portion
thereof as a high-piled storage
.area exceeding 500 square feet
(46 m2) .
Hot work operations. An
operational permit is required
for hot work including, but not
limited to:
1. Public exhibitions and
demonstrations where hot work is
conducted.
2. Use of portable hot work
equipment inside a structure.
'.Exception: Work that is
conducted under a construction
permit.
3. Fixed-site hot work equipment
such as welding booths.
'4. Hot work conducted within a
hazardous fire area.
5. Application of roof coverings
.with the use of an open-flame
device.
J
J
14-549
07/23/14
~6. When approved, the fire
..official shall issue a permit to
carry out a Hot Work Program.
This program allows approved
'personnel to regulate their
'facility's hot work operations.
The approved personnel shall be
trained in the fire safety ',
;aspects denoted in this chapter
and shall be responsible for
..issuing permits requiring
compliance with the requirements
found in this chapter. These
.permits shall be issued only to
'their employees or hot work ',
operations under their
supervision. ',
Industrial ovens. An operational 'No
permit is required for operation
'of industrial ovens regulated by ' ',
Chapter 30.
Lumber yards and woodworking ;No
plants. An operational permit is
required for the storage or
processing of lumber exceeding
100,000 board feet (8,333 ft3)
(236 m3) .
YLiquid-fueled or gas-fueled No
vehicles or equipment in
assembly buildings. An
operational permit is required
to display, operate or
.demonstrate liquid-fueled or
gas-fueled vehicles or equipment
in assembly buildings.
LP-gas. An operational permit is No
required for:
1. Storage and use of LP-gas.
;Exception: An operational permit
is not required for individual
!containers with a 500-gallon
(1893 L) water capacity or less
or multiple container systems
having an aggregate quantity not ',
.exceeding 500 gallons (1893 L), ',
.serving occupancies in Group R-
3. ~
'2. Operation of cargo tankers
that transport LP-gas.
Magnesium. An operational permit 'No
is required to melt, cast, heat
..treat or grind more than 10
;pounds (4.54 kg) of magnesium.
Miscellaneous combustible 'No ' '
storage. An operational permit
is required to store in any
building or upon any premises in
excess of 2,500 cubic feet (71
m3) gross volume of combustible
...,empty packing cases, boxes, j
14-550
07/23/14
barrels or similar containers,
rubber tires, rubber, cork or
similar combustible material.
r._ .__.__.~..____v._-____--__._--.---._.____....__.__. _.___._..-___._____~_..w---
Open burning. An operational
'.permit is required for the
kindling or maintaining of an
open fire or a fire on any
public street, alley, road, or
other public or private ground.
Instructions and stipulations of
;the permit shall be adhered to.
a. Land clearing and/or
property maintenance (90
day permit)
b. Tree trimmings and garden
trimmings on private
property (30 day permit)
'Exception: Recreational fires
'.and provided further that the
County Administrator may
.administratively suspend the
.open burning fee for a temporary
period of time after any
national, state or local
'.authority declares a disaster
.affecting all or a portion of
the County.
Yes
Open flames and candles. An No
.operational permit is required
to use open flames or candles in
.connection with assembly areas,
dining areas of restaurants or
drinking establishments. ~
Open flames and torches. An No
operational permit is required
to remove paint with a torch; or
to use a torch or open-flame
device in a wildfire risk area.
Organic coatings. An operational No
permit is required for any
organic-coating manufacturing
operation producing more than
one gallon (4 L) of an organic
coating in one day.
Places of Assembly. An
operational permit is required
to operate a place of assembly.
Private fire hydrants. An
operational permit is required
for the removal from service,
.use or operation of private fire
hydrants.
'Exception: An operational permit
is not required for private
industry with trained
maintenance personnel, private
,fire brigade or fire departments
to maintain, test and use
.private hydrants.
No
1
$400
$0
J
J
J
14-551
07/23/14
r----
Pyrotechnic special effects
',Yes II$0
material. An operational permit
is required for use and handling '~
of pyrotechnic special effects
material.
Pyroxylin plastics. An No
operational permit is required ',
for storage or handling of more
'than 25 pounds (11 kg) of
cellulose nitrate (pyroxylin)
'plastics and for the assembly or
manufacture of articles
involving pyroxylin plastics.
_._ ......_ ..__._-__... _... _.__... _.._.... __... ..._.___... ..
w
_.. ~. ..__... __ ...__.. .,... _ _._..____.__..._..._._.__ ___. _.
r_._._._
__.
Refrigeration equipment. An ;No
operational permit is required
'to operate a mechanical
refrigeration unit or system
,regulated by Chapter 6.
,Repair garages and service ,No
.stations. An operational permit '
is required for operation of
repair garages and automotive,
marine and fleet service
stations.
Rooftop heliports. An ,No
'operational permit is required
for the operation of a rooftop
heliport.
Spraying or dipping. An INo
operational permit is required
to conduct a spraying or dipping
operation utilizing flammable or I '
.:combustible liquids or the
application of combustible
powders regulated by Chapter 24.
Storage of scrap tires and tine !No
.byproducts. An operational
'permit is required to establish,
conduct or maintain storage of
scrap tires and tire byproducts
'that exceeds 2,500 cubic feet
(71m3) of total volume of scrap
tires and for indoor storage of
tires and tire byproducts.
Temporary membrane structures, No ~ :
.tents and canopies. An
operational permit is required
to operate an air-supported
temporary membrane structure or
a tent.
Exceptions:
1. Tents used exclusively for
recreational camping purposes. '
2. Tents and air-supported
structures that cover an area of
.900 square feet (84 m2) or less,
.including all connecting areas
or spaces with a common means of
egress or entrance and with an
14-552
07/23/14
occupant load of 50 or less
persons.
3. Fabric canopies and awnings
open on all sides which comply
',..with all of the following:
'3.1. Individual canopies shall
have a maximum size of 700
square feet (65 m2).
3.2. The aggregate area of
multiple canopies placed side by
side without a firebreak
clearance of 12 feet (3658 mm)
shall not exceed 700 square feet
(65 m2) total.
3.3. A minimum clearance of 12
feet (3658 mm) to structures and
other tents shall be provided.
Tire-rebuilding plants. An
..operational permit is required
for the operation and
',maintenance of a tire-rebuilding
,plant.
Waste handling. An operational
permit is required for the
operation of wrecking yards,
junk yards and waste material-
handling facilities.
Wood products. An operational
permit is required to store
chips, hogged material, lumber
or plywood in excess of 200
cubic feet ( 6 m3) .
111.3 Failure to Correct Violations: Delete and substitute
111.3 as follows:
If the notice of violation is not complied with within the
time specified by the fire official, the fire official may
issue a summons for the violation of -the code. The fire
official may also request the county attorney to institute
the appropriate legal proceedings to restrain, correct or
abate such violation or to require removal or termination of
the unlawful use of the building or structure in violation of
the provisions of this code or of any order or direction made
pursuant to the code.
111.4 Penalties: Delete and substitute section 10-6 of the
Chesterfield County Code.
Chapter 2. Definitions
202.0. General Definitions. Add the following definition:
The term "occupant" means any person physically located or
situated in or on any property, structure or vehicle
irrespective of the length of time or the reason for such
occupancy.
Chapter 3. General Precautions Against Fire
307.1 Title and Purpose. Delete and substitute section 307.1
as follows:
J
J
J
14-553
07/23/14
This article shall be known as the Chesterfield County
Ordinance for the Regulation of Open Burning. The purpose of
this article is to protect public health, safety, and welfare
by regulating open burning within Chesterfield County to
achieve and maintain, to the greatest extent practicable, a
level of air quality that will provide comfort and
convenience while promoting economic and social development.
This article is intended to supplement the applicable
regulations promulgated by the State Air Pollution Control
Board and other applicable regulations and laws.
307.1.1 Definitions. Delete and substitute section 307.1.1 as
follows:
For the purpose of this article and subsequent amendments or
any orders issued by Chesterfield County, the words or
phrases shall have the meaning given them in this section.
A. "Automobile graveyard" means any lot or place which is
exposed to the weather and upon which more than five motor
vehicles of any kind, incapable of being operated, and
which it would not be economically practical to make
operative, are placed, located or found.
B. "Bonfire" means an outdoor fire utilized for ceremonial
purposes.
C. "Clean burning waste" means waste which does not produce
dense smoke when burned and is not prohibited to be burned
under this ordinance.
D. "Construction waste" means solid waste which is produced
or generated during construction of structures.
Construction waste consists of lumber, wire, sheetrock,
broken brick, shingles, glass, pipes, concrete, and metal
and plastics if the metal or plastics are a part of the
materials of construction or empty containers for such
materials. Paints, coatings, solvents, asbestos, any
liquid, compressed gases or semi-liquids, and garbage are
not construction wastes and the disposal of such materials
must be in accordance with the regulations of the Virginia
Waste Management Board.
E. "Debris waste" means stumps, wood, and brush from property
maintenance and/or land clearing operations.
F. "Demolition waste" means that solid waste which is
produced by the destruction of structures and their
foundations and includes the same materials as
construction waste.
G. "Garbage" means rotting animal and vegetable matter
accumulated by a household in the course of ordinary day
to day living.
H. "Hazardous waste" means refuse or combinations of refuse
which, because of its quantity, concentration or physical,
chemical or infectious characteristics may:
1. Cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or
incapacitating illness; or
2. Pose a substantial present or potential hazard to human
health or the environment when improperly treated,
stored, transported, disposed, or otherwise managed.
I. "Household refuse" means waste material and trash normally
accumulated by a household in the course of ordinary day
to day living.
14-554
07/23/14
J. "Industrial waste" means all waste generated on the
premises of manufacturing and industrial operations such
as, but not limited to, those carried on in factories,
processing plants, refineries, slaughterhouses, and steel
mills.
K. "Junkyard" means an establishment or place of business
which is maintained, operated,, or used for storing,
keeping, buying, or selling junk, or for the maintenance
or operation of an automobile graveyard, and the term
shall include garbage dumps and sanitary landfills.
L. "Landfill" means a sanitary landfill, an industrial waste
landfill, or a construction/demolition/debris landfill.
See solid waste management regulations for further
definitions of these terms.
M. "Local landfill" means any landfill located within the
jurisdiction of a local government.
N. "Occupied building" means any structure occupied or
intended for supporting or sheltering any occupancy.
O. "Open burning" means the burning of any matter in such a
manner that the products resulting from combustion are
emitted directly into the atmosphere without passing
through a stack, duct or chimney.
P. "Open pit incinerator" means a device used to burn waste
for the primary purpose of reducing the volume by removing
combustible matter. Such devices function by directing a
curtain of air at an angle across the top of a trench or
similarly enclosed space, thus reducing the amount of
combustion by-products emitted into the atmosphere. The
term also includes trench burners, air curtain destructors
and overdraft incinerators.
Q. "Refuse" means trash, rubbish, garbage and other forms of
solid or liquid waste, including, but not limited to,
wastes resulting from residential, agricultural,
commercial, industrial, institutional, trade,
construction, land clearing, forest management and
emergency operations.
R. "Salvage operation" means any operation consisting of a
business, trade or industry participating in salvaging or
reclaiming any product or material, such as, but not
limited to, reprocessing of used motor oils, metals,
chemicals, shipping containers or drums, and specifically
including automobile graveyards and junkyards.
S. "Sanitary landfill" means an engineered land burial
facility for the disposal of household waste which is so
located, designed, constructed, and operated to contain
and isolate the waste so that it does not pose a
substantial present or potential hazard to human health or
the environment. A sanitary landfill also may receive
other types of solid wastes, such as commercial solid
waste, nonhazardous sludge, hazardous waste from
conditionally exempt small quantity generators, and
nonhazardous industrial solid waste. See solid waste
management regulations for further definitions of these
terms.
T. "Smoke" means small gas-borne particulate matter
consisting mostly, but not exclusively, of carbon, ash and
other material in concentrations sufficient to form a
visible plume.
J
J
J
14-555
07/23/14
U. "Special incineration device" means a pit incinerator,
conical or tepee burner, or any other device specifically
designed to provide good combustion performance.
307.2 Open Burning Regulations-General. Delete and substitute
Section 307.2 as follows:
A. No owner or other person shall cause or permit open
burning or the use of a special incineration device for
disposal of refuse except as provided in this ordinance.
B. No owner or other person shall cause or permit open
burning or the use of a special incineration device for
disposal of household refuse or garbage.
C. No owner or other person shall cause or permit open
burning or the use of a special incineration device for
disposal of rubber tires, asphaltic materials, crankcase
oil, impregnated wood or other rubber or petroleum based
materials except when conducting bona fide fire fighting
instruction at fire fighting training schools having
permanent facilities.
D. No owner or other person shall cause or permit open
burning or the use of a special incineration device for
disposal of hazardous waste or containers for such
materials.
E. No owner or other person shall cause or permit open
burning or the use of a special incineration device for
the purpose of a salvage operation or for the disposal of
commercial/industrial waste.
F. Open burning or the use of special incineration devices
permitted under the provisions of this ordinance does not
exempt or excuse any owner or other person from the
consequences, liability, damages or injuries which may
result from such conduct; nor does it excuse or exempt any
owner or other person from complying with other applicable
laws, ordinances, regulations and orders of the
governmental entities having jurisdiction, even though the
open burning is conducted in compliance with this
ordinance. In this regard special attention should be
directed to Code of Virginia, § 10.1-1142, of the Forest
Fire Law of Virginia, the regulations of the Virginia
Waste Management Board, and the State Air Pollution
Control Board's Regulations for the Control and Abatement
of Air Pollution.
G. Permitted fires shall be constantly attended by a
competent person until they are extinguished. The attendee
shall have fire extinguishing equipment readily available
for use as deemed necessary by the fire official.
H. Upon declaration of an alert, warning or emergency stage
of an air pollution episode as described in part VII of
the Regulations for the Control and Abatement of Air
Pollution or when deemed advisable by the state air
pollution control board to prevent a hazard to, or an
unreasonable burden upon, public health or welfare, no
owner or other person shall cause or permit open burning
or use of a special incineration device, and any in
process burning or use of special incineration devices
shall be immediately terminated in the designated air
quality control region.
I. The fire marshal or his designee may prohibit all open
burning with the exception of those exemptions listed in
307.2.1, when he determines that atmospheric conditions or
14-556
07/23/14
local circumstances make such fires hazardous. Previously
issued permits may be extended for the amount of time such
prohibition remains in effect.
307.2.1 Exemptions. Delete and substitute subsection 307.2.1
as follows:
The following activities are exempted from the above
prohibitions to the extent covered by the State Air Pollution
Control Board's Regulations for the Control and Abatement of
Air Pollution:
A. Open burning for training and instruction of government
and public fire fighters under the supervision of the
designated official and industrial in-house fire fighting
personnel;
B. Open burning for camp fires or other fires that are used
solely for recreational purposes, for ceremonial
occasions, for outdoor noncommercial preparation of food,
and for warming of outdoor workers;
C. Open burning for the destruction of any combustible liquid
or gaseous material by burning in a flare or flare stack;
D. Open burning for forest management and agriculture
practices approved by the state air pollution control
board; and
E. Open burning for the destruction of classified military
documents.
F. Open burning for the disposal of evidence under the
direction of the Virginia State Police, Chesterfield
County Police or the Fire Marshal.
307.2.2 Permissible Open Burning. Add subsection 307.2.2 as
follows:
A. Open burning is permitted for the disposal of tree
trimmings and garden trimmings located on the premises of
private property, provided that the following conditions
are met:
1. A written permit, valid for 30 days, must be obtained
from the Chesterfield Fire & EMS, Fire and Life Safety
Division. Application for permit shall include:
completed information form, the name, address and
telephone number of the occupant and, if different,
owner of the property on which the burn is conducted
and of any other entity conducting or responsible for
the burn. Application shall be submitted to the Fire
and Life Safety Division at least 15 days before the
desired burn;
2. A copy of the burn permit shall be maintained at the
site of the burn, shall be available for review at all
times during the burn, shall be displayed so as to be
visible from a public roadway and shall be maintained
in a manner that protects it from deterioration by
weather;
3. The burning shall take place on the premises of the
private property from which the trimmings were taken;
and all reasonable effort shall be made to minimize the
amount of material burned, with the number and size of
the piles approved by Chesterfield County Fire & EMS,
Fire and Life Safety Division;
4. The location of the burning shall be a minimum of 300
feet from any occupied building unless the occupants
14-557
07/23/14
J
J
J
have given prior written permission, other than
buildings located on the property on which the burning
is conducted. If the Chesterfield County Fire & EMS,
Fire and Life Safety Division determines that it is
necessary to protect public health and welfare, it may
direct that the above cited distances be increased;
5. All fires must be at least 50 feet from any structure;
6. No regularly scheduled public or private collection
service for such trimmings is available at the adjacent
street or public road; and
7. Permits for burning tree trimmings and/or garden
trimmings shall be limited to two per site per year.
B. Open burning is permitted for disposal of debris waste
resulting from property maintenance, from the development
or modification of roads and highways, parking areas,
railroad tracks, pipelines, power and communication lines,
buildings or building areas, sanitary landfills, or from
any other designated local clearing operations which may
be approved by Chesterfield Fire & EMS, Fire and Life
Safety Division, provided the following conditions are
met:
1. A written permit, valid for 90 days, must be obtained
from the Chesterfield Fire & EMS, Fire and Life Safety
Division. Application for permit shall include: Fee for
permit, completed information form, site plan drawing
of burn site, proof of liability insurance for party
performing burn, and the name, address and telephone
number of the owner and, if different, developer of the
property on which the burn is conducted and of any
other entity conducting or responsible for the burn.
Application shall be submitted to the Fire and Life
Safety Division at least 15 days before the desired
burn;
2. A copy of the burn permit shall be maintained at the
site of the burn, shall be available for review at all
times during the burn, shall be displayed so as to be
visible from a public roadway and shall be maintained
in a manner that protects it from deterioration by
weather;
3. The burning shall take place on the site from which the
debris waste was generated. All reasonable effort shall
be made to minimize the amount of material burned, with
the number and size of the debris piles approved by
Chesterfield County Fire & EMS, Fire and Life Safety
Division;
4. The material to be burned shall consist of brush,
stumps and similar debris waste and shall not include
demolition material;
5. The location of the burning shall be a minimum of 500
feet from any occupied building unless the occupants
have given prior written permission, other than
buildings located on the property on which the burning
is conducted. If the Chesterfield County Fire & EMS,
Fire and Life Safety Division determines that it is
necessary to protect public health and welfare, it may
direct that the above cited distances be increased;
6. The burning shall be conducted at the greatest distance
practicable from highways and airfields;
14-558
07/23/14
7. The burning shall not be allowed to smolder beyond the
minimum period of time necessary for the destruction of
the materials;
8. The burning shall be conducted only when the prevailing
winds are away from any city, town or built-up area;
and
9. The permit holder must maintain liability insurance in
the minimum amount of $1,000,000.00 general liability
coverage at all times while burning is taking place. At
the time of permit application, a certificate of
insurance coverage shall be submitted to the fire
marshal.
C. Open burning is permitted for disposal of debris on the
site of local landfills provided that the burning does not
take place on land that has been filled and covered so as
to present an underground fire hazard due to the presence
of methane gas, provided that the following conditions are
met:
1. A written permit, valid for 90 days, must be obtained
from the Chesterfield Fire & EMS, Fire and Life Safety
Division. Application for permit shall include: fee for
permit, completed information form, site plan drawing
of burn site, proof of liability insurance for party
performing burn;
2. The burning shall take place on the premises of a local
sanitary landfill which meets the provisions of the
regulations of the Virginia Waste Management Board;
3. The material to be burned shall consist only of brush,
tree trimmings, yard and garden trimmings, clean
burning debris waste, or clean burning demolition
waste;
4. All reasonable effort shall be made to minimize the
amount of material that is burned; with the number and
size of the debris piles approved by Chesterfield
County Fire & EMS, Fire and Life Safety Division;
5. The location of the burning shall be a minimum of 500
feet from any occupied building unless the occupants
have given prior written permission, other than
buildings located on the property on which the burning
is conducted. If the Chesterfield County Fire & EMS,
Fire and Life Safety Division determines that it is
necessary to protect public health and welfare, it may
direct that the above cited distances be increased;
6. No materials may be burned in violation of the
regulations of the Virginia Waste Management Board or
the State Air Pollution Control Board. The exact site
of the burning on a local landfill shall be established
in coordination with the regional director and
Chesterfield County Fire & EMS, Fire and Life Safety
Division; no other site shall be used without the
approval of these officials. Chesterfield County Fire &
EMS, Fire and Life Safety Division shall be notified of
the days during which the burning will occur; and
7. The permit holder must maintain liability insurance in
the minimum amount of $1,000,000.00 general liability
coverage at all times while burning is taking place. At
the time of permit application, a certificate of
insurance coverage shall be submitted to the fire
marshal.
14-559
J
J
J
07/23/14
D. Sections A through C above notwithstanding, no owner or
other person shall cause or permit open burning or the use
of a special incineration device during the months of May,
June, July, August, or September.
307.2.3 Permits. Add subsection 307.2.3 as follows:
A. When open burning of debris waste or open burning of
debris on the site of a local landfill is to occur within
Chesterfield County, the person responsible for the
burning shall obtain a permit from Chesterfield County
Fire & EMS, Fire and Life Safety Division prior to the
burning. Such a permit may be granted only after
confirmation by Chesterfield County Fire & EMS, Fire and
Life Safety Division that the burning can and will comply
with the provisions of this ordinance and any other
conditions which are deemed necessary to ensure that the
burning will not endanger the public health and welfare or
to ensure compliance with any applicable provisions of the
State Air Pollution Control Board's Regulations for the
Control and Abatement of Air Pollution. The permit may be
issued for each occasion of burning or for a specific
period of time deemed appropriate by Chesterfield County
Fire & EMS, Fire and Life Safety Division.
B. Prior to the initial installation (or reinstallation, in
cases of relocation) and operation of special incineration
devices, the person responsible for the burning shall
obtain a permit from Chesterfield County Fire & EMS, Fire
and Life Safety Division, such permits to be granted only
after confirmation by Chesterfield County Fire & EMS, Fire
and Life Safety Division that the burning can and will
comply with applicable provisions in Regulations for the
Control and Abatement of Air Pollution and that any
conditions are met which are deemed necessary by
Chesterfield County Fire & EMS, Fire and Life Safety
Division to ensure that the operation of the devices will
not endanger the public health and welfare. Permits
granted for the use of special incineration devices shall
at a minimum contain the following conditions:
1. All reasonable effort shall be made to minimize the
amount of material that is burned. Such efforts shall
include, but are not limited to, the removal of
pulpwood, sawlogs and firewood.
2. The material to be burned shall consist of brush,
stumps and similar debris waste and shall not include
demolition material.
3. The location of the burning shall be a minimum of 500
feet from any occupied building unless the occupants
have given prior permission, other than buildings
located on the property on which the burning is
conducted; burning shall be conducted at the greatest
distance practicable from highways and air fields. If
the Chesterfield County Fire & EMS, Fire and Life
Safety Division determines that i.t is necessary to
protect public health and welfare, he may direct that
the above cited distances be increased.
4. The burning shall be attended at all times and
conducted to ensure the best possible combustion with a
minimum of smoke being produced. Under no circumstances
should the burning be allowed to smolder beyond the
minimum period of time necessary for the destruction of
the materials.
14-560
07/23/14
5. The burning shall be conducted only when the prevailing
winds are away from any city, town or built-up area.
6. The use of special incineration devices shall be
allowed only for the disposal of debris waste, clean
burning construction waste, and clean burning
demolition waste.
7. Permits issued under this subsection shall be limited
to a specific period of time deemed appropriate by
Chesterfield County Fire & EMS, Fire and Life Safety
Division.
307.2.4 Endangering Other Property. Add subsection 307.2.4 as
follows:
No person shall kindle or authorize to be kindled or maintain
any permitted fire in such a manner that it will endanger the
property of another.
307.2.5 Revocation of Permits. Add subsection 307.2.5:
A. If any permit holder violates any provision of this
ordinance or if any permit holder makes a material
misrepresentation on a permit application, The Fire Marshal
may require the extinguishments of the fire and the burn
permit shall be subject to revocation;
B. Permits may be revoked or suspended when smoke, ash or
other hazards create a public health or safety concern.
307.4 Fees. Delete and substitute section 307.4 as follows:
1. There shall be no fees for the permit required by Section
307.2.2 (A) .
2. Fees for permits required by section 307.2.2 (B) and (C)
and shall be $400.00
307.5 Attendance. Delete the words "Open burning".
308.1.4 Add the following sentences to the end of the opening
paragraph of section 308.1.4, prior to the Exceptions, as
follows:
The owner or manager of any occupancy in Use Group R shall
notify their tenants in writing of this code requirement at
the time the tenants initially occupy the apartment and
annually thereafter. A copy of this written notification
shall be available for review by the code official.
308.1.4 Delete exception 2.
311.5 Placards. Delete and substitute section 311.5 as
follows:
Any building or structure that is vacant or abandoned and is
determined by the fire official to be unduly dangerous to
firefighting operations due to structural or interior hazards
shall be marked as required by Sections 311.5.1 through
311.5.5 or marked as required by the fire official.
315.6 Materials Storage Regulation. Add subsection 315.6 as
follows:
No person shall store any combustible packing cases, boxes,
barrels or similar containers or rubber tires, baled cotton,
rubber, cork or other similarly combustible materials of a
gross volume of greater than 2,500 cubic feet (70 m3) in any
structure or on any premises, except under conditions
approved by the code official.
J
J
J
14-561
07/23/14
315.7 Storage, Park or Repair. Add subsection 315.7 as
follows
No person shall store, park or repair any vehicle, tool or
equipment that has a fuel tank that contains a flammable or
combustible liquid or liquefied petroleum gas as a source of
fuel within or on any occupancy in Use Group R, or part
thereof, unless such building or structure is built for the
purpose of such storage, parking or repairing in accordance
with all requirements of the Uniform Statewide Building Code
and this code . The owner or manager of any occupancy in Use
Group R shall notify their tenants in writing of this code
requirement at the time the tenants initially occupy the
apartment and annually thereafter. A copy of this written
notification shall be available for review by the code
official. This section shall not apply to detached one- and
two-family dwellings unless such storage, parking or
repairing is conducted as a business. Such businesses must
then comply with all applicable provisions of the Uniform
Statewide Building Code and the Chesterfield County Code.
Chapter 5. Fire Service Features
502.1. General Definitions. Delete and substitute the
following definition:
Fire Lane. An area designated by clearly visible signs
and/or markings in which parking shall be prohibited, whether
on public or private property, to ensure ready access for and
to fire fighting equipment and facilities.
503.8 Illegal Use. Add subsection 503.8 as follows:
1. No person shall park or leave an unattended vehicle in or
otherwise obstruct with a vehicle any designated or marked
fire lane.
2. No person shall place or locate any equipment, materials,
or any other object in or otherwise obstruct any
designated or marked fire lane.
3. The penalty for violation of section 503.8(1) shall be the
same as outlined for other parking violations in the
Chesterfield County Code. The penalty for violation of
section 503.8(2) shall be the same as for all other
violations of this chapter.
Chapter 9 Fire Protection Systems
901.5.2 Altering or Changing Supervisory Services. Add
subsection 901.5.2 as follows:
The code official shall be notified prior to any alterations
to the supervisory service equipment or if the agent
providing supervisory service changes for any required fire
protection system. Functional testing shall be conducted
prior to the system being returned to service. The level of
testing will be determined by the code official. All testing
shall be conducted in the presence of the code official and
appropriate documentation shall be provided to the code
official to verify that the system is being supervised as
designed and in accordance with the building code in effect
at the time of installation.
901.6.1.1 Limited Area Sprinkler Systems. Add' subsection
901.6.1.1 as follows:
14-562
07/23/14
All limited area sprinkler systems shall be inspected
annually and maintained according to NFPA 25 and in
accordance with the following standards:
1. The sprinkler control valve shall be permanently marked
with a sign stating "Sprinkler Control Valve." Markings
made with embossed plastic tape, pencil, ink, crayon, or
similar materials shall not be considered permanent. The
sign shall be secured with noncorrosive wire, chain, or
other means.
2. Markings shall be provided in a conspicuous place at the
sprinkler control valve and shall state: "Notify the Fire
Department (748-1251) before closing valve."
3. Valves connecting the limited area sprinkler system to the
domestic water supply shall be locked open in an approved
manner.
901.6.3 Reporting Results of Periodic Tests. Add subsection
901.6.3 as follows:
The individual or company performing any test or inspection
required under this article shall provide the code official
with a complete written record of the test or inspection
within 15 days after it is conducted. Such written record
shall note plainly which standard, as referenced by this
code, was used for the test or inspection.
901.12 Permits Required.
All modifications, additions, or repair work beyond the scope
of routine maintenance and inspections require permits issued
by the Building Official in accordance with the Uniform
Statewide Building Code.
904.11.1.1 Manual Operations. Add subsection 904.11.1.1 as
follows:
Instructions for manually operating the fire suppression
system for the commercial kitchen exhaust system shall be
posted conspicuously in the kitchen and shall be reviewed
periodically with employees by the management.
904.11.6.4 Ventilation System. Add subsection 904.11.6.4 as
follows:
The ventilation system in connection with hoods shall be
operated at the required rate of air movement, and classified
grease filters shall be in place when equipment under a
kitchen grease hood is used. Cooking appliances, which
require a commercial kitchen exhaust hood system, shall not
be operated while the fire suppression system or kitchen
exhaust system is non-operational or otherwise impaired.
907.9 Nuisance Alarm Activations. Add section 907.9 as
follows:
The owner and/or the occupant of any structure served by a
fire protection system which has activated on two or more
occasions when no fire, unsafe condition or other hazard has
occurred, shall repair the system or correct conditions which
are causing the system to activate.
Chapter 10. Means of Egress
1030.10 Marking Means of Egress
follows:
14-563
Add subsection 1030.10 as
07/23/14
J
J
J
The code official may require the means of egress through
storage areas to be marked, and the owner or his agent shall
be responsible for marking and maintaining such aisles as
required.
Chapter 50. Hazardous Materials - General
Provisions
5002.1 Definitions. Delete and substitute the following
definition:
Hazardous Materials. Those chemicals or substances which
are physical hazards or health hazards as defined and
classified in this Chapter, whether the materials are in
usable or waste condition, including flammable and
combustible liquids.
Chapter 56. Explosives and Fireworks
5601.1.3.1 Fireworks Prohibited. Add subsection 5601.1.3.1 as
follows:
Permissible fireworks, as defined in the Statewide Fire
Prevention Code, shall not be possessed, stored, sold, used
or handled in Chesterfield County.
5601.2.2.1 Violations. Add subsection 5601.2.2.1 as follows:
No person shall store, possess, offer for sale, expose for
sale, sell at retail or use or explode any fireworks or
pyrotechnic special effect materials, except as provided in
the rules and regulations issued by the code official for the
granting of permits for supervised displays of fireworks or
pyrotechnic special effect materials.
5608.1 General. Add the following text to 5608.1:
A permit shall be required for the display of fireworks and
pyrotechnic special effect materials.
5608.2 Permit Application. Add the following text to 5608.2:
Application for permits shall be made in writing at least 60
days in advance of the date of the display or discharge of
fireworks or pyrotechnic special effect materials. The sale,
possession, discharge and distribution of fireworks or
pyrotechnic special effect materials for display shall be
lawful only under the terms and conditions, and for the
purpose set forth in the permit. A permit shall not be
transferable, and shall not extend beyond the dates set forth
in the permit.
Chapter 57. Flammable and Combustible Liquids
5704.1.1 Prohibited Storage. Add subsection 5704.1.1 as
follows:
The storage of flammable and combustible liquid shall be
prohibited in occupancies of Use Group A, R-1, R-2, and in
rental storage facilities.
5706.5.1.6 Fire Protection. Delete and substitute 5706.5.1.6
as follows:
Whenever tank vehicles are automatically loaded with
flammable liquids at bulk storage terminals without an
employee in attendance, the loading rack area shall be
protected by a completely automatic fire suppression system
14-564
07/23/14
approved by the code official. The system shall be designed
to provide fire protection to both the loading rack and tank
vehicles and shall be supervised by an accredited central
station facility.
Chapter 61. Liquefied Petroleum Gases
6101.4 Emergency Services. Add subsection 6101.4 as follows:
Anyone who supplies liquefied petroleum gas service shall
have a qualified maintenance person available at all times to
assist fire department personnel with emergency incidents
involving the service.
6109.13 Delete and substitute section 6109.13 as follows:
Protection of Containers. Containers shall be placed in a
suitable enclosure or otherwise protected against tampering.
The enclosure shall be secured to the sidewalk, concrete pad,
or building to avoid tipping or movement of the enclosure.
The servicing company's name and 24-hour phone number and "NO
SMOKING" signs shall be provided and maintained on the
enclosure. Vehicular protection shall be provided as required
by the fire official.
APPENDICES
The following appendices of the International Fire Code,
2012 Edition shall be an enforceable part of this code:
Appendix B - Fire-flow Requirements for Buildings
Appendix C - Fire Hydrant Locations and Distribution
Appendix D - Fire Apparatus Access Roads
Exception: Section D106 and Section D107 shall not be
included in this code.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
18.B. TO CONSIDER AN AMENDMENT TO THE FBO SERVICES AND LEASE
AGREEMENT WITH DOMINION AVIATION SERVICES,
INCORPORATED
Mr. Driscoll, Airport Administrator, stated this date and
time has been advertised for the Board to consider an
amendment to the FBO services and lease agreement with
Dominion Aviation Services, Incorporated. He further stated
the item was deferred from the May 28, 2014 meeting. He
stated at this time, differences in terms and conditions of
the proposed amendment remain unresolved to the satisfaction
of both parties. He further stated therefore, staff
recommends that the Board hold the public hearing as
advertised. in order to receive public comment but take no
action on the proposed amendment. He stated county staff will
continue to negotiate with Dominion in an effort to reach a
mutually beneficial agreement and will bring the matter back
before the Board at the appropriate time.
J
J
J
14-565
07/23/14
Mr. Holland called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
Mr. Mincks stated once an effort is made to reach a mutually
beneficial agreement, staff will bring the matter back before
the Board at the appropriate time. He noted a new public
hearing will be advertised.
No action was taken.
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
21. ADJOURNMENT
On motion of Mr. Warren, seconded by Mr. Elswick, the Board
adjourned at 9:27 p.m. until August 27, 2014.
Ayes: Holland, Elswick, Jaeckle, Warren and Gecker.
Nays: None.
Ms. Jaeckle expressed her disappointment relative to how
slowly staff is moving in order to pursue revitalization
efforts within the county.
Mr. Holland expressed his appreciation to those in
attendance.
//
J es/J. egm er
ount dministrator
14-566
07/23/14