2015-12-16 MinutesBOARD OF SUPERVISORS
MINUTES
December 16, 2015
Supervisors in Attendance:
Mr. Stephen A. Elswick, Chairman
Mr. Arthur S. Warren, Vice Chrm.
Ms. Dorothy A. Jaeckle
Mr. James M. Holland
Mr. Daniel A. Gecker
Mr. James J. L. Stegmaier
County Administrator
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Staff in Attendance:
Mr. Greg Akers, Dir.,
Internal Audit
Dr. Sheryl Bailey, Dep.
County Administrator,
Management Services
Ms. Janice Blakley,
Clerk to the Board
Ms. Patsy Brown, Dir.,
Accounting
Mr. Kevin Bruny, Dean,
Chesterfield University
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Mr. Richard Cordle,
Treasurer
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. William Davenport,
Commonwealth's Attorney
Mr. Jonathan Davis, Dir.,
Real Estate Assessment
Mr. William Dupler, Dep.
County Administrator,
Community Development
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Garrett Hart, Dir.,
Economic Development
Mr. George Hayes, Dir.,
Utilities Department
Mr. Joe Horbal,
Commissioner of the Revenue
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Ms. Debbie Leidheiser,
Senior Advocate,
Human Services
Mr. Mike Mabe, Dir.,
Library
Mr. Jeffrey L. Mincks,
County Attorney
Deputy Chief Donald Newton,
Sheriff's Office
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Ms. Susan Pollard, Dir.,
Public Affairs
Ms. Mary Martin Selby, Dir.,
Human Resource Services
Chief Loy Senter,
Fire and EMS
Mr. Scott Smedley, Dir.,
Environmental Engineering
Mr. Jesse Smith, Dir.,
Transportation
Mr. Kirk Turner, Dir.,
Planning
Mr. Scott Zaremba, Dir.,
Human Resources Programs
Mr. Elswick called the regularly scheduled meeting to order at
3:00 p.m. He then turned the gavel over to Mr. Warren to
preside as Chairman of his last meeting as a member of the
Board of Supervisors.
1. APPROVAL OF MINUTES
1.A. NOVEMBER 18, 2015 REGULAR MEETING
I.B. DECEMBER 7, 2015 JOINT MEETING WITH SCHOOL BOARD AND
LEGISLATIVE DELEGATION
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved the minutes of November 18, 2015, and December 7,
2015, as submitted.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier was pleased to share a video produced by
the Department of Communications and Media and the
Planning Department. He stated the two -minute video
segment explains what special area plans are and the
importance of our residents being involved in the
process. He further stated the segment has already been
shown at two community meetings for the Jefferson Davis
Corridor and will continue to be shared at future
community meetings throughout the county.
• Mr. Stegmaier was pleased to report the Police
Department has been reaccredited through the Virginia
Law Enforcement Professional Standards Commission. He
stated this is the 5th time the Police Department has
passed this accreditation assessment and represents 17
consecutive years of maintaining this professional
accreditation. He recognized Mr. Derrick Mays,
Accreditation Center Program Manager, who presented the
certificate to Colonel Dupuis, on behalf of the Virginia
Law Enforcement Professional Standards Commission.
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• Mr. Stegmaier announced recently the county received a
report from the Auditor of Public Accounts on the
collections and remittances of the Treasurer,
Commissioner of Revenue and the Sheriff for the fiscal
year ended June 30, 2015. He stated the report verified
that they maintained proper accountability in all
material respects with state laws, and other procedures
relating to the receipt, disbursement and custody of
state funds.
• Mr. Stegmaier announced last weekend the county hosted
two very successful events: the 3rd Annual CarMax Tacky
Light Run and the 23rd Annual James River Parade of
Lights. He thanked county staff and regional partners
for their hard work, energy and commitment relative to
the memorable events.
• Mr. Stegmaier expressed his appreciation to the Board
for their leadership and tireless efforts on behalf of
the community. He applauded the Board, employees,
business and community partners and county residents for
carrying out the vision to be an extraordinary and
innovative community in which to live, learn, work and
play.
Ms. Jaeckle noted her request to have Colonel Dupuis present
a report to the Board relative to the initiative to combat
the increase in heroin use.
Colonel Dupuis stated so far in 2015, the Police Department
has recorded 74 heroin overdoses, compared to last year's 53
overdoses. He further stated this type of issue is not one
that persons can arrest themselves out of and the department
has created an initiative to address the problem. He stated
once the department has been notified that a person has
suffered from an overdose, an officer interviews the person
and provides them with information to seek help and tries to
identify the source. He further stated efforts to combat
prescription overdose and overuse have been so successful
that prices of heroin have decreased.
In response to Ms. Jaeckle's question, Colonel Dupuis stated
statistics show that heroin overdoses in Virginia exceed
traffic fatalities.
Ms. Jaeckle commended Colonel Dupuis for his tremendous
efforts relative to the initiative to battle the issue.
Mr. Warren noted he possesses all twenty-four National Night
out t -shirts and offered them to Colonel Dupuis to display.
3. BOARD MEMBER REPORTS
There were no Board Member Reports at this time.
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4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
deleted Item 8.A.6.b., Request for Permission from Grant H.
Caldwell and Elizabeth A. Caldwell to Install a Private Water
Service within a Private Easement to Serve Property on Welby
Turn.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING THE 2015 SENIOR VOLUNTEER HALL OF FAME
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Ms. Leidheiser introduced Ms. Mary Jones, who was present to
receive the resolution. She noted Mrs. Coleman and Mrs. East
were unable to attend due to illness.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, volunteering is a powerful force for the
solution of human problems, and the creative use of human
resources is essential to a healthy, productive and humane
society; and
WHEREAS, our nation's heritage is based on citizen
involvement and citizen participation, and volunteerism is of
enormous benefit in building a better community and a better
sense of one's own wellbeing; and
WHEREAS, the active involvement of citizens is needed
today more than ever to combat growing human and social
problems, to renew our belief that these problems can be
solved and to strengthen our sense of community; and
WHEREAS, volunteering offers all, young and old, the
opportunity to participate in the life of their community and
to link their talents and resources to address some of the
major issues facing our counties, such as education, hunger,
the needs of youths, and the needs of our elderly; and
WHEREAS, agencies that benefit from volunteers should
show their appreciation and recognition to the many
volunteers who possess numerous skills and talents, which
they generously and enthusiastically apply to a variety of
community tasks, and encourage others to participate in
programs as volunteers; and
WHEREAS, eleven adults in Chesterfield County, aged 60 -
plus, have donated 52,513 hours of volunteer service since
they have attained the age of 60 and were nominated for the
Chesterfield Senior Volunteer Hall of Fame.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 16th day of December,
publicly recognizes Mrs. Louise Coleman, Mrs. Brucie East and
Ms. Mary Jones, who were selected among the eleven and were
inducted into the Chesterfield Senior Volunteer Hall of Fame
on October 29, 2015, and expresses appreciation to these
dedicated volunteers who contribute immeasurably to various
programs throughout the area to strengthen our county and
build bridges to the future.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mrs. Coleman, Mrs. East and Ms.
Jones, and that a copy of this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
Mr. Gecker presented the executed resolution to Ms. Jones and
expressed his appreciation for her volunteer service and
dedication to the county.
Mr. Stegmaier also expressed
for her tremendous dedication
programs throughout the area.
his appreciation to Ms. Jones
and contributions to various
Ms. Jones, accompanied by friends and family, thanked the
Board for the special recognition and kind sentiments.
5.B. RECOGNIZING MR. BRUCE MILLER FOR HIS OUTSTANDING
CONTRIBUTIONS TO CHESTERFIELD COUNTY AND THE REGION
Ms. Curtin introduced Mr. Bruce Miller, who was present to
receive the resolution.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mr. Bruce Miller announced in May of 2015 that
he would retire as Artistic Director of Virginia Repertory
Theatre in July 2016; and
WHEREAS, Mr. Miller is a lifelong resident of
Chesterfield County and a product of Chesterfield County
Public Schools; and
WHEREAS, Mr. Bruce Miller and Mr. Philip Whiteway
founded Theatre IV as the first professional children's
theatre in Virginia in 1975, and Theatre IV grew to become
the second largest non-profit children's theater in America
and is known for its educational touring arm and acclaimed
productions for children and families; and
WHEREAS, in 2001, Mr. Miller and Mr. Whiteway assumed
leadership roles at Barksdale Theatre with Theatre IV and
Barksdale sharing management and some resources and then
oversaw the merger of the two theatres into Virginia
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Repertory Theatre in July 2012; and
WHEREAS, Virginia Repertory Theatre is now one of the
largest performing arts organizations in Central Virginia
producing at four venues with an annual audience of
approximately 530,000; and
WHEREAS, Mr. Miller has written, produced, and directed
original plays as well as theatre classics, and received many
awards for his work which reflect the highest artistic
standards, and the unflagging commitment of Mr. Miller and
Virginia Repertory Theatre to children, families and schools
throughout Virginia; and
WHEREAS in 1983, Mr. Miller and Theatre IV created the
award-winning play, "Hugs and Kisses," Virginia's principal
child sexual abuse prevention program, with performances
presented to more than 1.6 million school children, resulting
in the Virginia Department of Social Services estimating that
nearly 16,000 children received help after a performance; and
WHEREAS, in 1999, Style Weekly honored Mr. Miller and
Mr. Whiteway as two of the 100 most influential Richmonders
of the Century; and
WHEREAS, in 2002, the Pentagon selected Theatre IV's
production of "Buffalo Soldiers," written and directed by Mr.
Miller, to be performed within the Pentagon as a morale
booster after September 11, the first professional theatre in
the nation to perform within the walls of the Pentagon; and
WHEREAS, Mr. Miller has not only served children and
families through the theatre, but also Chesterfield County
children and families through his service on the Board of
Social Services for Chesterfield and Colonial Heights; and
WHEREAS, Mr. Miller was appointed by the Board of
Supervisors to the Board of Social Services in 1998 and
served a total of eight years on the board; and
WHEREAS, Mr. Miller was a tireless advocate for the most
vulnerable citizens of the community, including children,
families and the elderly and disabled; and
WHEREAS, Chesterfield County, the theatre community of
the Richmond Region, and the Commonwealth of Virginia have
been blessed by the service of Mr. Bruce Miller to his
community through his artistic gifts and commitment to
helping, educating and entertaining children, families and
the vulnerable.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 16th day of December 2015,
publicly recognizes and commends Mr. Bruce Miller for his
outstanding contributions and extends, on behalf of the
citizens of Chesterfield County, best wishes on his
retirement as Artistic Director of Virginia Repertory Theatre
and on his future endeavors.
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AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Miller and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
Mr. Gecker presented the executed resolution to Mr. Miller
and expressed appreciation for his outstanding contributions
to the community and wished him a happy retirement.
Mr. Miller thanked the Board for the special recognition and
kind sentiments.
5.C. RECOGNIZING CHESTERFIELD COUNTY EMPLOYEES OF THE YEAR
Mr. Lou Lassiter introduced the 2015 Chesterfield County
employees of the year, who were as follows:
Name Department
Ms. Tasha Adams Learning and Performance
Center
Ms. Angela R. Anderson Accounting
Ms. Heather Barrar Planning
Lieutenant Robert H. Blanton, Jr. Fire
Ms. Stephanie Bookheimer Internal Audit
Mr. Brian Chappell IST
Ms. Faith L. Davis Risk Management
Ms. Barbara A. DelVilliar Economic Development
Ms.
Alexis
M.
Dinsick
Emergency Communications
Mr.
Garret
T.
Flynn
General Services
Ms. Joy Galusha County Administration
Ms.
Michelle
M.
Heilman
County Attorney
Ms.
Kiersten
A.
Helgerson
Commonwealth Attorney
Mr. Bill Himes Health
Mr. James M. Hudson Library
Ms. Roberta L. Jardine Purchasing
Ms. Crystal L. Jensen HRM
Ms. Lisa S. Leland Treasurer
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Mr. Jimmy Mayes
Ms. Aleana Faye Powers McClellan
Ms. Shaliana McFarland
Ms. Eva Race Nunnally
Mr. Steven M. Price
Mr. William H. Rosser, III
Ms. Natalie M. Spillman
Ms. Gail F. Wilson
Ms. Melissa Woodard
Utilities
Parks and Recreation
Juvenile Detention
Real Estate Assessmentsl
Sheriff's Office
Police
Budget and Management
MHSS
Community Corrections
Mr. Elswick, Mr. Warren, Ms. Jaeckle, Mr. Gecker and Mr.
Holland congratulated each of the employees and expressed
appreciation, on behalf of the Board, for their commitment to
Chesterfield County.
Mr. Stegmaier presented the employees of the year with
plaques recognizing them as their department's employee of
the year, expressed appreciation for their dedicated service,
and commended them on their outstanding accomplishments. He
stated the employees of the year represent the best employees
in local government.
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. CONSENT ITEMS
8.A.1. ADOPTION OF RESOLUTIONS
8.A.l.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.A.1.a.1. BATTALION CHIEF STUART D. DALTON, FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Battalion Chief Stuart D. Dalton retired from
the Chesterfield Fire and Emergency Medical Services
Department, Chesterfield County, on December 1, 2015; and
WHEREAS, Chief Dalton began employment with the
Chesterfield County Fire and Emergency Medical Services
Department during the summer of 1979, as a part-time hydrant
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maintenance worker; and
WHEREAS, Chief Dalton attended Recruit School ##15 in
1984 and has faithfully served the county for 31 years in
various assignments as a firefighter at the Midlothian Fire
and EMS Station; and
WHEREAS, Chief Dalton was promoted to lieutenant in
January 1990, serving at the Manchester and Midlothian Fire
and EMS Stations; and promoted to captain in June 1998,
serving at the Clover Hill, Enon, and Midlothian Fire and EMS
Stations; as the "C" Shift Administrative Officer, and a
training officer in the Training and Safety Division, as well
as assigned to the Planning Unit as the unit leader; and
WHEREAS, Chief Dalton was promoted to battalion chief in
December 2007, serving on "A" Shift in the second and third
battalions, as well as assigned to the Budget and Planning
Division; and
WHEREAS, Chief Dalton was recognized in March 1987 with
an Emergency Medical Services Award for his role in saving
the life of a citizen suffering from cardiac arrest; and
WHEREAS, Chief Dalton was recognized in March 1990 with
an Emergency Medical Services Award for his role in saving
the life of a citizen suffering from cardiac arrest; and
WHEREAS, Chief Dalton was recognized as an effective
team leader for a regional Incident Management Team that was
deployed to Harrison County, Mississippi following Hurricane
Katrina in 2005; and
WHEREAS, Chief Dalton was recognized as an effective
team leader at emergency scenes, including the incident
commander of a two -alarm apartment fire resulting in the
successful rescue of six civilians via ground ladders; and
WHEREAS, Chief Dalton served on various committees and
workgroups, including the Tropical Storm Gaston Workgroup,
the Insurance Services Office Rating Review Process Team and
the Standards of Cover Workgroup, serving as the team leader;
and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Battalion Chief Stuart D. Dalton, expresses the appreciation
of all residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
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8.A.1.a.2. FIREFIGHTER LEROI BAGLEY, III, FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Firefighter Leroi Bagley, III, retired from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on June 1, 2015; and
WHEREAS, Firefighter Bagley attended Recruit School #17
in 1986 and has faithfully served the county for 29 years in
various assignments as a firefighter at the Dale, Airport,
Clover Hill, and Manchester Fire and EMS Stations; and
WHEREAS, Firefighter Bagley served as a member of the
Emergency Operations Center Response Team (EOC-RT); and
WHEREAS, Firefighter Bagley was recognized as one of the
members of the 1997 "Shift of the Year"; and
WHEREAS, Firefighter Bagley was recognized in March of
2000 with an EMS Lifesave Award for his role in saving the
life of a citizen suffering from cardiac arrest; and
WHEREAS, Firefighter Bagley was awarded an EMS Unit
Citation for his performance in the successful extrication of
patients trapped in an overturned vehicle in February 2006;
and
WHEREAS, Firefighter Bagley was recognized for his
efforts involving a 12 -year-old boy who had serious injuries
and needed to be rescued on difficult terrain in July 2004;
and
WHEREAS, Firefighter Bagley was commended for his
efforts on several motor vehicle accidents where patients
were trapped on both Chippenham Parkway and Beach Road; and
WHEREAS, Firefighter Bagley was a member of the
Hazardous Materials Team serving as a specialist with
training in Weapons of Mass Destruction Incident, Aircraft
Rescue, and Firefighting.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Leroi Bagley, III, expresses the appreciation of
all residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
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8.A.1.a.3. SERGEANT DAVID N. ZEHEB, POLICE DEPARTMENT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Sergeant David N. Zeheb will retire from the
Chesterfield County Police Department on January 1, 2016,
after providing more than 26 years of outstanding quality
service to the residents of Chesterfield County; and
WHEREAS, Sergeant Zeheb began his service with the
Police Department as a Special Police Officer; and
WHEREAS, Sergeant Zeheb has faithfully served the county
in the capacity of Patrol Officer, Detective, Detective First
Class, Senior Detective, Master Detective, Master Police
Officer, Career Police Officer and Sergeant; and
WHEREAS, during his tenure, Sergeant Zeheb also served
as Field Training Officer, Identification Technician, Crime
Prevention Officer, General Instructor, Firearms Instructor,
Defensive Driving Instructor, Citizens Academy Coordinator
and served as a member of the Police Emergency Response Team
- Hostage Negotiation Unit; and
WHEREAS, Sergeant Zeheb was the recipient of the 2008-
2009 Citizen of the Year Award from the Chesterfield Prevent
Blindness Morning Lions Club; and
WHEREAS, Sergeant Zeheb has served on numerous teams and
committees, including Chesterfield County's Co-sponsored
Coaches Committee where he has served for 15 years from the
committee's inception until his retirement; and
WHEREAS, Sergeant Zeheb proposed and implemented the
Police Department's first Teen Citizens Academy; and
WHEREAS, Sergeant Zeheb received three Unit Citations
reflecting his teamwork and dedication in solidifying the
police -citizen partnership, exhibiting exemplary skills in
crime resolution, and developing innovative approaches in
hiring police officers; and
WHEREAS, Sergeant Zeheb was recognized with Chief
Commendations for his dedication and teamwork in the
resolution of a homicide case where there was minimal
evidence, and also for the exemplary teamwork exhibited in
the apprehension of multiple armed robbery and bank robbery
suspects; and
WHEREAS, Sergeant Zeheb was the recipient of a Chief's
Commendation for his role on the Police Department's Salary
Committee, after the committee members were highly successful
in their task of analyzing, identifying and correcting pay
inequities, and nearly all of the recommendations were
approved and implemented; and
WHEREAS, Sergeant Zeheb received a Certificate of
Achievement for his outstanding efforts while serving on the
Larceny from Auto Task Force; and
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WHEREAS, Sergeant Zeheb is recognized for his excellent
communications and human relations skills, his
professionalism and his teamwork, all of which he has
utilized within the Police Department and in delivering
outstanding customer service to the residents of Chesterfield
County during his career; and
WHEREAS, Sergeant Zeheb has received numerous letters of
commendation, thanks and appreciation for services rendered;
and
WHEREAS, Sergeant Zeheb 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 Sergeant Zeheb's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Sergeant David N.
Zeheb, and extends on behalf of its members and the residents
of Chesterfield County, appreciation for his service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.1.a.4. MRS. SHARON BERKHEIMER, RISK MANAGEMENT
DEPARTMENT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mrs. Sharon Berkheimer will retire as a Risk
Management Technician on January 1, 2016, after providing 25
years of dedicated and faithful service to Chesterfield
County; and
WHEREAS, Mrs. Berkheimer began her career on July 14,
1986, as a Deputy Clerk with the Chesterfield Circuit Court
Clerk's Office; and
WHEREAS, Mrs. Berkheimer had the opportunity to serve
with the Circuit Court Judges presiding over all civil
chancery and law cases; and
WHEREAS, Mrs. Berkheimer left employment with the County
on May 10, 1995, and returned to employment on October 4,
1999, as Secretary to the Department of Risk Management; and
WHEREAS, Mrs. Berkheimer provided tremendous
administrative support to the Risk Management Department,
Chesterfield County and Chesterfield County Public Schools;
and
WHEREAS, Mrs. Berkheimer was promoted to Risk Management
Technician on May 10, 2014, and continued to provide
administrative and claims support services to the Department
of Risk Management, Chesterfield County and Chesterfield
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County Public Schools; and
WHEREAS, Mrs. Berkheimer provided extraordinary customer
service to the employees, managers, officials, and the
community by promptly responding to their requests and going
out of her way to meet a need and exceeding customer
expectations throughout her career; and
WHEREAS, Mrs. Berkheimer received numerous commendations
and expressions of appreciation for service rendered to
customers; and
WHEREAS, Mrs. Berkeimer, through her attention to detail
and accuracy, has supported the Department of Risk Management
in complying with numerous county policies and procedures and
state regulations; and
WHEREAS, Mrs. Berkheimer demonstrated teamwork and
dedication by supporting her coworkers in any and all
projects or initiatives and has always been willing to assist
in any way to get the job done; and
WHEREAS, Mrs. Berkheimer has demonstrated her loyalty to
the Department of Risk Management, Chesterfield County and
Chesterfield County Public Schools and their customers
through her dedication and conscientiousness.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. Sharon Berkheimer
and extends its appreciation for 25 years of dedicated
service to the county and public schools, congratulations
upon her retirement, and best wishes for a long and happy
retirement.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.l.b. APPROVING THE ISSUANCE OF ECONOMIC DEVELOPMENT
AUTHORITY REVENUE BONDS FOR THE BENEFIT OF THE
CHESTERFIELD CENTER FOR THE ARTS FOUNDATION
In response to Mr. Holland's question, Mr. Carmody stated the
principal amount is line with the appropriation and the bond
is being financed through a private bank as opposed to a
general obligation bond, with maturities in $5,000
increments.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
RESOLUTION APPROVING OF ISSUANCE OF BOND
BY THE ECONOMIC DEVELOPMENT AUTHORITY OF
THE COUNTY OF CHESTERFIELD FOR THE
BENEFIT OF THE CHESTERFIELD CENTER FOR THE
ARTS FOUNDATION
WHEREAS, the Economic Development Authority of the
County of Chesterfield (the "Authority"), on December 3,
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2015, adopted an inducement resolution (the "Inducement
Resolution") wherein the Authority agreed to issue its
revenue bond in a principal amount not to exceed $6,899,800
(the "Bond"), for the benefit of the Chesterfield Center for
the Arts Foundation (the "Foundation"), the proceeds of which
are to be used, together with other available funds of the
Foundation, to finance the acquisition, development,
construction and equipping of the Chesterfield Center for the
Arts (collectively, the "Project");
WHEREAS, the Bond will be issued pursuant to the
Virginia Industrial Development and Revenue Bond Act, Chapter
49, Title 15.2, Code of Virginia of 1950, as amended (the
"Act"), will be issued as a qualified 501(c)(3) bond under
Sections 145 and 147 of the Internal Revenue Code of 1986, as
amended (the "Code"), and will be a limited obligation of the
Authority payable solely from the revenues and receipts
derived from payments provided by the County of Chesterfield,
Virginia (the "County"), pursuant to a Support Agreement
dated as of December 1, 2015, between the Authority and the
County;
WHEREAS, on December 3,
requirements of Section 147(f)
held a public hearing concerning
Bond;
2015, pursuant to the
of the Code, the Authority
the proposed issuance of the
WHEREAS, the Authority has recommended and requested
that the Board of Supervisors of the County (the "Board")
approve the issuance of the Bond to comply with Section
147(f) of the Code (requiring the locality in which a
qualified 501(c)(3) bond -financed facility is located to
approve the issuance of such bond) and Section 15.2-4906 of
the Act (establishing the process by which the governing body
of a locality is to consider and approve the issuance of such
a bond by an authority); and
WHEREAS, copies of the following documents have been
filed with the Board: (a) the Inducement Resolution, (b)
notice of public hearing published once a week for two
consecutive weeks and (c) a summary of the proceedings of the
public hearing;
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
1. The Board hereby approves the issuance of the Bond
by the Authority for the benefit of the Foundation, to the
extent required by Section 147(f) of the Code and Section
15.2-4906 of the Act, to permit the Authority to assist in
the financing of the Project.
2. Approval of the issuance
Section 147(f) of the Code does not
of the Bond or the creditworthiness
required by Section 15.2-4908 of
provide that neither the County n
obligated to pay the Bond or the
costs incident thereto except from
pledged therefor, and neither the
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of the Bond as required by
constitute an endorsement
of the Foundation and, as
the Act, the Bond shall
or the Authority shall be
interest thereon or other
m the revenues and moneys
faith or credit nor the
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9
taxing power of the Commonwealth of Virginia, the County or
the Authority shall be pledged thereto.
3. The Board hereby authorizes and directs the Clerk
of the Board to forward a certified copy of this resolution
to the Authority.
4. This resolution shall take effect immediately upon
its adoption.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.2. APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE
POLICE DEPARTMENT AND BRYANT AND STRATTON COLLEGE
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chief of the Chesterfield County Police
Department to sign and execute the Memorandum of
Understanding with Bryant and Stratton College.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.3. APPROVAL OF DONATION OF SURPLUS PROPERTY TO THE
VIRGINIA DEPARTMENT OF FORENSIC SCIENCE
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved the donation of surplus ammunition from the Police
Department to the Virginia Department of Forensic Science.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.4. APPROVAL OF SCHOOLS FIRST QUARTER BUDGET AMENDMENTS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted new school grants received since adoption of the
FY2016 budget, and increased the appropriation in the school
grants fund by $1,396,380 to reflect actual and new awards.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.5. REQUESTS TO QUITCLAIM
8.A.5.a. A PORTION OF A SIXTEEN -FOOT WATER EASEMENT ACROSS
THE PROPERTY OF 11603 MIDLOTHIAN TURNPIKE OWNER,
LLC
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors to
execute a quitclaim deed to vacate a portion of a sixteen -
foot water easement across the property of 11603 Midlothian
Turnpike Owner, LLC. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
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8.A.5.b. A PORTION OF A SIXTEEN -FOOT WATER EASEMENT ACROSS
THE PROPERTY OF ASHTON CREEK BARNABY, LLC AND
ASHTON CREEK BRANDYWINE, LLC
On motion of Mr. Gecker, seconded by Mr. Holland, 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 16' water easement across the property of Ashton
Creek Barnaby, LLC and Ashton Creek Brandywine, LLC. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.6. REQUESTS FOR PERMISSION
8.A.6.a. FROM BRATTICE MILL, LLOC FOR A SIX-FOOT ASPHALT
PEDESTRIAN TRAIL TO ENCROACH WITHIN A THIRTY-FOOT
SEWER EASEMENT ACROSS PROPERTY ON WATERMILL
PARKWAY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
granted Brattice Mill, LLC permission for a 6' asphalt
pedestrian trail to encroach within a 30' sewer easement
across property at 3200 Watermill Parkway, 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: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.6.c. FROM LANDING DEVELOPMENT CORPORATION FOR THE
REPLACEMENT OF A BOAT DOCK, KAYAK CANOE STORAGE
RACK AND GRAVEL ACCESS PATH TO ENCROACH IN THE
IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
granted Landing Development Corporation permission for the
replacement of a boat dock, kayak/canoe storage rack and
gravel access path to encroach in the impoundment easement
for Swift Creek Reservoir, 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: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.6.d. FROM MAIN STREET HOMES FOR A CONCRETE DRIVEWAY TO
ENCROACH WITHIN A SIXTEEN -FOOT SEWER EASEMENT
ACROSS LOT 46, WESTERLEIGH,
SECTION 2
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
granted Main Street Homes permission for a concrete driveway
to encroach within a 16' sewer easement across Lot 46,
Westerleigh, Section 2, 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: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
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M,
8.A.6.e. FROM RONALD C. MARKER AND LEEANN T. MARKER FOR A
PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT
EASEMENT FOR SWIFT CREEK RESERVOIR
On motion of Mr. Gecker, seconded by Mr. Holland, the
Board granted Ronald C. Marker and Leeann T. Marker
permission for a proposed boat dock to encroach in the
impoundment easement for Swift Creek Reservoir, subject to
the execution of license agreement. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.6.f. FROM JEFFREY M. STOKER AND SUZANNE M. STOKER FOR A
PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT
EASEMENT FOR SWIFT CREEK RESERVOIR
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
granted Jeffrey M. Stoker and Suzanne M. Stoker permission
for a proposed boat dock to encroach in the impoundment
easement for Swift Creek Reservoir, 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: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.6.g. FROM SUSAN A. WIGGINS TO INSTALL A PRIVATE WATER
SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON JESSUP ROAD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
granted Susan A. Wiggins permission to install a private
water service within a private easement to serve property at
5200 Jessup Road, 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: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.6.h. FROM WJS HOLDINGS, LLC FOR A PROPOSED BOAT DOCK TO
ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT
CREEK RESERVOIR
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
granted WJS Holdings, LLC permission for a proposed boat dock
to encroach in the impoundment easement for Swift Creek
Reservoir, adjacent to 14701 Village Square Place, 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: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
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8.A.6.i. FROM JAMES A. WOOD FOR AN ASPHALT DRIVEWAY TO
ENCROACH WITHIN A SIXTEEN -FOOT DRAINAGE EASEMENT
ACROSS LOT 8, BLOCK B, STONEHENGE, SECTION A
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
granted James A. Wood permission for an asphalt driveway to
encroach within a 16' drainage easement across Lot 8, Block
B, Stonehenge, Section A, 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: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.7. CONVEYANCE OF AN OPEN -SPACE EASEMENT TO THE VIRGINIA
DEPARTMENT OF HISTORIC RESOURCES
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and
County Administrator to execute an open -space easement for
the preservation of historic resources located in the special
purpose park along the James River. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.8. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO KOGER
CENTER BOULEVARD AND MALL DRIVE FROM THE DANIEL
GROUP, INCORPORATED
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.239
acres adjacent to Koger Center Boulevard and Mall Drive from
the Daniel Group, Inc., and authorized the County
Administrator to execute the deed. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.9. AWARD OF CONSTRUCTION CONTRACTS
8.A.9.a. FOR THE FIRE TACTICAL TRAINING TOWER PROJECT AT
THE ENON PUBLIC SAFETY TRAINING CENTER
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Purchasing Director to award a construction
contract to Southwood Building Systems, Inc. for the Fire
Tactical Training Tower Project at the Enon Public Safety
Training Center (PSTC), in the amount of $3,553,101.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
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F]
8.A.9.b. FOR RENOVATIONS TO THE LANE B. RAMSEY
ADMINISTRATION BUILDING AND INTERIOR UPFIT OF THE
ADJOINING TWO-STORY LOBBY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Purchasing Director to award a construction
contract to Haley Builders Incorporated in the amount of
$1,951,000 to renovate the basement and first floor of the
Lane B. Ramsey Administration Building, and upfit the
interior of the two-story lobby.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.10. APPROVAL OF MEMORANDUM OF AGREEMENT WITH THE
VIRGINIA DEPARTMENT OF AVIATION TO TEMPORARILY
RELOCATE THE AIRPORT MANAGER'S OFFICE TO THE AIRPORT
TERMINAL'S FLIGHT PLANNING ROOM
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the County Administrator to execute a Memorandum
of Agreement (MOA) with the Virginia Department of Aviation
(VDOA) to temporarily relocate the airport manager's office
to the airport terminal's flight planning room.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.11. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.A.11.a. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE PLANNING DEPARTMENT TO RECONNECT AND REPAIR
THE FOURTEEN EXISTING STREETLIGHTS WITHIN THE
RIGHT OF WAY OF KOGER CENTER BOULEVARD AND CENTER
VIEW LANE, CONTINGENT UPON EXECUTION OF A
MAINTENANCE AGREEMENT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
transferred $10,000 from the Midlothian District Improvement
Fund to the Community Development Division to reconnect and
repair the 14 existing streetlights within the right of way
of Koger Center Boulevard and Center View Lane, contingent
upon execution of maintenance agreement.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
8.A.11.b. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE A POSTER MAKER TO SUPPORT
CLASSROOM INSTRUCTION AT FALLING CREEK ELEMENTARY
SCHOOL
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
transferred $3,000 from the Dale District Improvement Fund to
the School Board to purchase a poster maker to support
classroom instruction at Falling Creek Elementary School.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1193
12/16/15
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. Elswick, the Board
accepted 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: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Nancy Barta, owner of Richmond Towing, expressed concerns
relative to the county's towing rotational list.
In response to Ms. Barta's concerns, Mr. Warren stated the
County Attorney and the County Administrator would be in
contact with her relative to the issue.
Ms. Jaeckle noted she contacted Ms. Barta and informed her
that the Board did not have the authority to force an
individual on the Towing Advisory Board due to the policy in
place.
Ms. Barta stated Ms. Jaeckle did not contact her relative to
the matter.
Mr. George Beadles expressed concerns relative to the lack of
sidewalks and pedestrian crossing signs on Midlothian
Turnpike.
11. DINNER
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
recessed to Room 502 for dinner.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
Reconvening:
12. INVOCATION/MOMENT OF SILENCE
The Honorable Stephen A. Elswick, Chairman of the Board of
Supervisors, gave the invocation.
Mr. Elswick then turned the gavel over to Mr. Warren to
preside as Chairman of his last meeting as a member of the
Board of Supervisors.
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9
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Cameron Harrah led the Pledge of Allegiance to
the Flag of the United States of America.
14. RESOLUTIONS
14.A. RECOGNIZING PLANNING COMMISSION MEMBERS FOR THEIR
OUTSTANDING SERVICE TO CHESTERFIELD COUNTY
Mr. Turner introduced Mr. Dale Patton, Mr. Russell J. Gulley,
Dr. William P. Brown and Mr. Reuben J. Waller, who were
present for the recognition.
Board of Supervisors members commended and expressed their
appreciation to outgoing Planning Commission members for
their dedicated service to Chesterfield County.
Mr. Patton, Mr. Gulley, Dr. Brown and Mr. Waller thanked the
Board for the special recognition and kind sentiments.
14.B. RECOGNIZING MR. CAMERON ROBERT HARRAH UPON ATTAINING
THE RANK OF EAGLE SCOUT
Ms. Pollard introduced Mr. Cameron Robert Harrah, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least 21 merit badges in a
wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Cameron Robert
Harrah, Troop 2877, sponsored by Chester Presbyterian Church
has accomplished those high standards of commitment and has
reached the long -sought goal of Eagle Scout, which is
received by only four percent of those individuals entering
the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Cameron has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
15-1195
12/16/15
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 16th day of December 2015,
publicly recognizes Mr. Cameron Robert Harrah, and
acknowledges the good fortune of the county to have such an
outstanding young man as its citizen.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolution and patch to
Mr. Harrah, accompanied by his family, congratulated him on
his outstanding achievements and wished him well in future
endeavors.
Mr. Harrah, accompanied by his family, provided details of
his Eagle Scout project and expressed appreciation to his
family and friends for their support.
14.C. RECOGNIZING THE HONORABLE DANIEL A. GECKER FOR HIS
EXEMPLARY SERVICE AS A MEMBER OF THE CHESTERFIELD
COUNTY BOARD OF SUPERVISORS
Ms. Jaeckle introduced Mr. Daniel A. Gecker, who was present
to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Mr. Daniel A. Gecker was first elected to the
Chesterfield County Board of Supervisors in 2007,
representing the Midlothian magisterial district; and
WHEREAS, Mr. Gecker was re-elected in 2011 and has
served honorably for eight years, providing his constituents
and all the residents of Chesterfield County with public
service marked by integrity and commitment; and
WHEREAS, during his two terms of service, Mr. Gecker was
elected by his peers to serve as Chairman of the Board of
Supervisors in 2010, and again in 2012; and
WHEREAS, prior to being elected to the Board of
Supervisors, Mr. Gecker served as the Midlothian District
representative on the Chesterfield Planning Commission for
eight years; and
WHEREAS, prior to serving on the Planning Commission,
Mr. Gecker represented the Midlothian District as a member of
the Committee on the Future and was instrumental in the
creation of the committee's "Youth Development" report; and
WHEREAS, Mr. Gecker's leadership and insight have
significantly contributed to steady, noteworthy improvement
in Chesterfield County's quality of life and stature as a
nationally -recognized leader among local governments; and
WHEREAS, Mr. Gecker has also lent his talents to serve
on the Capital Region Airport Commission; the Richmond
Regional Planning District Commission; the Richmond Regional
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M
Transportation Planning Organization; the Greater Richmond
Partnership; and the Maymont Foundation; and
WHEREAS, Mr. Gecker demonstrated leadership in managing
the county's financial resources through his continuous
service on the county's Budget and Audit Committee, and
during his tenure, Chesterfield County has successfully
maintained its AAA bond rating from all three rating
agencies, having recently been noted by Standard and Poor's
as having a better credit than the U.S. government; and
WHEREAS, since Mr. Gecker's election in 2007,
Chesterfield's population has increased by 25,000, and the
number of students has increased by 500; and
WHEREAS, Mr. Gecker was instrumental in equalizing
Chesterfield County's membership in the Richmond Metropolitan
Transportation Authority; renovating the Bon Air Library;
developing a Sports Tourism Plan through the county's
partnership with Richmond Sports Backers; partnering with
local businesses for the Midlothian Initiative to Revitalize
Rights of Way (MIRR) landscaping project; initiating a
successful bond referendum in 2013 approved by the voters for
$304 million in school renovations and $49 million in public
safety and emergency communications needs; redeveloping
Cloverleaf Mall to the vibrant Stonebridge development;
successfully adopting a new Comprehensive Plan for the county
that will guide its future growth and development while
maintaining a high quality of life for residents and
businesses; and most recently, adopting a Bon Air Special
Area Plan, providing a roadmap for the future development of
Bon Air; and
WHEREAS, Mr. Gecker was instrumental in effecting
significant transportation improvements in the county,
including the Interstate 295/Meadowville Interchange, Powhite
Parkway, Woolridge Road, Robious Road, and Midlothian
Turnpike, among others; and
WHEREAS, Mr. Gecker's commitment to youth sports and
fiscal responsibility was a driving force in acquiring the
use of nine state of the art artificial turf fields for
county youths at River City Sportsplex; and
WHEREAS, Mr. Gecker was instrumental in advancing
revitalization of aging school infrastructure through the
2013 bond referendum; and
WHEREAS, Mr. Gecker supported the Neighborhood
Enhancement Property Maintenance Program creating vitality,
community pride and sustainability for neighborhoods; and
WHEREAS, during Mr. Gecker's tenure, the county has
announced 87 new economic development projects and more than
$3,106,815,000 in investment, as well as 7,924 new jobs, and
he is concluding his service on the Board of Supervisors
during the year when the Chinese firm Tranlin, Inc. broke
ground on its first U.S. operation, a $2 billion advanced
manufacturing facility that will generate more than 2,000 new
15-1197
12/16/15
jobs and is the largest commercial investment to date in
Chesterfield County; and
WHEREAS, Mr. Gecker's insight, leadership and many
talents will be missed, but long will be remembered by the
Board of Supervisors and the residents of Chesterfield
County, Virginia.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 16th day of December 2015,
publicly recognizes The Honorable Daniel A. Gecker, and
extends sincerest appreciation for 20 years of exemplary
public service and best wishes for his future endeavors.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Gecker and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
Ms. Jaeckle presented the executed resolution to Mr. Gecker,
highly praised him for his 20 years of exemplary public
service to Chesterfield County and wished him well for his
future endeavors.
Mr. Holland, Mr. Warren and Mr. Elswick commended Mr. Gecker
for his significant accomplishments, tremendous service,
leadership and dedication to Chesterfield County.
Mr. Stegmaier expressed appreciation for Mr. Gecker's
exceptional and faithful service to the county and wished him
well for his future undertakings.
Mr. Gecker expressed his appreciation to the Board for the
special recognition and kind sentiments. He also sincerely
thanked county staff for their commitment to excellence in
public service.
14.D. RECOGNIZING THE HONORABLE ARTHUR S. WARREN UPON HIS
RETIREMENT AND FOR HIS EXEMPLARY SERVICE AS A MEMBER
OF THE CHESTERFIELD COUNTY BOARD OF SUPERVISORS
Mr. Elswick introduced Mr. Arthur S. Warren, who was present
to receive the resolution.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. Arthur S. Warren was first elected to the
Chesterfield County Board of Supervisors in 1991,
representing the Clover Hill magisterial district; and
WHEREAS, Mr. Warren has served honorably for 24 years,
providing his constituents and all the residents of
Chesterfield County with public service marked by integrity
and commitment; and
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P]
WHEREAS, Mr. Warren has served six terms, and has been
elected by his peers seven times to serve as Chairman of the
Board of Supervisors; and
WHEREAS, Mr. Warren is the longest serving board member
since Mr. Ervin Horner was first elected to the Board of
Supervisors in the 19401s, and in November 2007, he was the
only member of the board to be returned to office; and
WHEREAS, prior to being elected to the Board of
Supervisors, Mr. Warren served on the Chesterfield Planning
Commission for four years; and
WHEREAS, Mr. Warren's leadership and insight have
significantly contributed to steady, noteworthy improvement
in Chesterfield County's quality of life and stature as a
nationally -recognized leader among local governments; and
WHEREAS, while serving as Chairman of the Central
Virginia Legislative Coalition, which represented 14 local
governments in central and southside Virginia, Mr. Warren
distinguished himself as Moderator for the 1994 Richmond
Forum program featuring then President George H. W. Bush; and
WHEREAS, during his first term on the Board of
Supervisors, Mr. Warren served as Chairman of the Central
Virginia Regional Caucus, and he was named by the Richmond
Times -Dispatch as "one of a new guard of leaders making a
difference in Central Virginia"; and
WHEREAS, Mr. Warren has also lent his talents to serve
on the Capital Region Airport Commission; the Richmond
Regional Planning District Commission; the Crater Planning
District Commission; the Richmond Regional Transportation
Planning Organization; the Greater Richmond Partnership; the
Richmond Metropolitan Convention and Visitors Bureau (now
known as Richmond Region Tourism); the Maymont Foundation
Board; the Virginia Association of Counties Board of
Directors; and the Virginia Coalition of High Growth
Communities, including serving as Chairman of many of these
organizations, and he co-chaired two Chamber of Commerce
inner-city tours of private sector and elected officials; and
WHEREAS, since 1991, the
has been reduced from $1.09 to
value; and
county's real estate tax rate
96 cents per $100 of assessed
WHEREAS, during Mr. Warren's tenure, Chesterfield County
successfully obtained a triple AAA bond rating from all three
rating agencies in 1997, resulting in the county addressing
three bond referenda approved by the voters of more than $920
million in bond projects and capital needs, including 20 new
and renovated school projects; seven fire stations and many
police precincts; and
WHEREAS, since 1991, Chesterfield's population has
increased by 120,000; the number of students has increased by
15,000; and the county has been recognized six times since
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12/16/15
2005 as "one of America's Promise 100 Best Communities for
Young People"; and
WHEREAS, during Mr. Warren's tenure, the county opened
eight new fire stations; 21 new parks; and four new
libraries; and also added 218 police positions to maintain
the outstanding quality of life for its increasing
population; and
WHEREAS, Mr. Warren was instrumental in the county
establishing the Health Center Commission to operate the Lucy
Corr Nursing Home; preventing toll increases on the Powhite
Parkway; implementing the Fire and Emergency Medical Services
Revenue Recovery Program; successfully consolidating the
School Grounds Maintenance Program; adopting a Watershed
Management Plan for the Swift Creek Reservoir; reducing
Business Professional Occupational License (BPOL) taxes on
county businesses; and successfully adopting a new
Comprehensive Plan for the county that will guide its future
growth and development while maintaining a high quality of
life for residents and businesses; and
WHEREAS, Mr. Warren was instrumental in effecting
significant transportation improvements in the county,
including Route 288 North, Chippenham Parkway, Interstate
295/Meadowville Interchange, Powhite Parkway, Hull Street
Road, Courthouse Road, Genito Road and Woolridge Road, among
others; and
WHEREAS, Mr. Warren tirelessly supported the efforts for
removal of the unsafe blighted Brandermill Inn structure to
allow for new and improved redevelopment; and
WHEREAS, during Mr. Warren's tenure, the county has
announced 379 new economic development projects and more than
$5,516,632,000 in investment, as well as 25,014 new jobs, and
he is concluding his service on the Board of Supervisors
during the year when the Chinese firm Tranlin, Inc. broke
ground on its first U.S. operation, a $2 billion advanced
manufacturing facility that will generate more than 2,000 new
jobs and is the largest commercial investment to date in
Chesterfield County; and
WHEREAS, Mr. Warren's insight, leadership and many
talents will be missed, but long will be remembered by the
Board of Supervisors and the residents of Chesterfield
County, Virginia.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 16th day of December 2015,
publicly recognizes The Honorable Arthur S. Warren, and
extends sincerest appreciation for a noteworthy career in
public service and best wishes for many more years of good
health and happiness in his retirement.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
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Mr. Elswick presented the executed resolution and gavel to
Mr. Warren, expressed appreciation for his leadership and
exemplary public service to Chesterfield County and wished
him a long and happy retirement.
Mr. Holland, Ms. Jaeckle and Mr. Gecker commended Mr. Warren
for his momentous accomplishments, remarkable service,
leadership and dedication to Chesterfield County.
Mr. Stegmaier expressed appreciation for Mr. Warren's
extraordinary and faithful service to the county and wished
him a long and happy retirement.
Mr. Warren, accompanied by his wife, expressed his
appreciation to the Board for the special recognition and
kind sentiments. He also sincerely thanked county staff for
their commitment to excellence in public service.
15. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Discussion ensued relative to the potential deferral of Case
15SN0647.
Mr. Bob Olsen expressed concerns relative to Case 15SNO647
and Dominion Virginia Power's plans to import coal ash.
Ms. Judy Stoneman thanked Mr. Gecker and Mr. Warren for their
service and invited them to join the Chesterfield Citizens
for Responsible Government.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS
NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT
ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC
OPPOSITION WILL BE HEARD AT SECTION 18
ISSNO696
In Midlothian Magisterial District, Marc Greenberg and
Midlothian Land Partnership, LLC request rezoning from
Community Business (C-3) to Community Business (C-3) with
conditional use planned development to permit exceptions to
ordinance requirements and amendment of zoning district map
on 25.4 acres fronting 1450 feet on the north line of
Midlothian Turnpike, 330 feet west of Winterfield Road; also
fronting 230 feet on the west line of Winterfield Road, 315
feet north of Midlothian Turnpike. Density will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Suburban Commercial District and Planned Transition Area
uses. Tax IDs 724-709-1313, 2311, 2528, 4210, 5831, 6911,
9121; 725-709-1125, 2064 and 7635.
Mr. Turner stated Mr. Gecker is requesting a 30 -day deferral
to the January 2016 regularly scheduled meeting.
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Mr. Andy Condlin accepted the deferral on behalf of the
applicant.
Mr. Warren called for public comment.
Mr. Peppy Jones stated after meeting with Planning staff, his
impression was that the architectural for the development was
already determined and he wrote a letter stating as such. He
further stated he sent the letter because he had not seen the
textural statement and did not share the results of the
meeting with members of the Village of Midlothian Volunteer
Coalition, prior to sending the letter. He apologized to the
Board, Planning staff, the Planning Commission and members of
the development team. He stated he is resigning his position
as president of the Village of Midlothian Volunteer Coalition
and chairman of the board.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Gecker stated there are still some issues with the case
and recommended a deferral in order to hold community
meetings. He noted Mr. Jones is an extremely dedicated leader
in the Midlothian Village and urged him to reconsider his
resignation.
Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for
the Board to defer Case 15SN0656 until the January 2016
regularly scheduled meeting.
In response to Mr. Holland's question, Mr. Gecker stated the
reason for the deferral is because the case was thought to be
worked out at the Planning Commission level. He further
stated there was an email sent from the Village of Midlothian
Volunteer Coalition voicing their support of the case. He
stated the process moved forward with assumption there was
general citizen accord. He further stated it was discovered
that not all members of the coalition were in agreement with
the decision and there have been many concerns relative to
the case. He noted Ms. Leslie Haley will hold community
meetings in the future in an effort to bring resolution
between the applicant and the community.
Mr. Warren called for a vote on the motion made by Mr.
Gecker, seconded by Ms. Jaeckle, for the Board to defer Case
15SN0656 until the January 2016 regularly scheduled meeting.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15SN0647
(AMENDED) In Bermuda Magisterial District, Virginia Electric
and Power Company d/b/a Dominion Virginia Power requests
amendment of conditional use (Case 10SN0114) relative to
uses, construction, operation, stockpiling, buffering and
public facilities impacts of a management facility for fossil
fuel combustion products in a Heavy Industrial (I-3) District
on 842.1 acres fronting the north, south and east lines of
Coxendale and Old Stage Roads. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Industrial use.
Tax IDs 802-665-4390; 805-662-7764; 805-666-2525; 806-662-
8465; 806-664-8063; 807-660-1776; and 811-660-3332.
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9
Mr. Turner stated staff is requesting a 60 -day deferral to
the February 2016 regularly scheduled meeting. He noted the
Planning Commission deferred the case at their meeting on
December 15, 2015, to their regularly scheduled meeting in
February 2016.
Ms. Jaeckle recommended a 90 -day deferral.
Mr. Brennen Keene, representing the applicant, accepted the
90 -day deferral.
Mr. Warren called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
deferred Case 15SN0647 until the March 2016 regularly
scheduled meeting.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
1Gnwn1AD
In Bermuda Magisterial District, The County of Chesterfield
requests an exception to Section 19.1-524 of the Chesapeake
Bay Preservation Act requirements of the Zoning Ordinance to
permit encroachment into the Resource Protection Area (RPA)
buffer along the relic river marsh of the James River as a
result of grading and construction related to a 15 unit
parking lot. The property is located at 421 Coxendale Road
which is within the James River drainage basin. Tax ID 811-
661-4268.
Mr. Turner presented a summary of Case 16CW0148 and stated
staff recommended approval, subject to the conditions.
Mr. Mike Golden, Director of Parks and Recreation, accepted
the conditions.
Mr. Warren called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 16CW0148, subject to the following conditions:
1. The mitigation measures outlined in the document titled
Water Quality Impact Assessment, Dutch Gap Henricus
Parking and Boardwalk and Statement of Exception
Findings prepared by Austin Brockenbrough and
Associates, LLP last revised November 27, 2015 shall be
incorporated and implemented during the plan review
process. (EE)
2. The Department of Environmental Engineering may approve
alternative mitigation measures if it is determined that
such alternatives will not increase impacts to the
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Resource Protection Area (RPA) or downstream water
bodies. (EE)
3. The applicant shall maintain erosion and sediment
control measures as required by the Department of
Environmental Engineering and ensure preservation of the
remaining vegetation. (EE)
4. Approval of this exception is for encroachment into the
RPA buffer only and does not guarantee development of
the site as explicitly proposed in the WQIA referenced
in Condition 1 above. Development of the site is subject
to all ordinance requirements, review processes,
building permits and/or other requirements currently
adopted at the time of plans review. (EE)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
16SN0517
In Clover Hill Magisterial District, Scale Development LLC
request amendment of zoning (Case 06SN0141) to reduce cash
proffers and amendment of zoning district map in a
Residential (R-12) District on 23.3 acres fronting the
northern terminus of South Twilight Lane, 620 feet north of
Spruce Pine Drive. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Suburban Residential
II use (2.0 to 4.0 dwellings per acre). Tax ID 758-696-3777.
Mr. Turner presented a summary of Case 16SN0517 and stated
the Planning Commission and staff recommended approval and
acceptance of the one proffered condition.
Mr. Andy Scherzer, representing the applicant, accepted the
recommendation. He stressed the importance of flexibility in
standards relative to revitalization areas.
Mr. Warren called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
approved Case 16SN0517 and accepted the following proffered
condition:
With the approval of this request, Proffered Condition 2 of
Case 06SN0141 shall be amended as outlined below. All other
conditions of Case 06SN0141 shall remain in force and effect
Cash Proffer. 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 cash proffer
service district for the property, unless state law prevents
enforcement of that timing:
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9
F:
a) $18,966 per dwelling unit for the period beginning
the July 1 preceding the Board of Supervisors'
approval of the case through July 1 four years
later, at which point the amount will be adjusted
for the cumulate change in the Marshall and Swift
Building Cost index during that time period.
b) 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.
c) Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
law.
d) Should Chesterfield County impose impact fees 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)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
It is noted Ms. Jaeckle had difficulties with her voice and
requested that Mr. Gecker make motions for her on the next
two Bermuda District cases.
16SN0556
In Bermuda Magisterial District, Babes and Beyond Learning
Centre requests conditional use to permit a family day-care
home and amendment of zoning district map in a Residential
(R-7) District on .3 acre known as 2824 Emblem Drive. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Residential use (2.51-4 units/acre). Tax ID
788-688-8283.
Mr. Turner presented a summary of Case 16SN0556 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Ms. Leeann Villegas accepted the recommendation.
Mr. Warren called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved Case 16SN0556 and accepted the following proffered
conditions:
1. Non -Transferable Ownership: This conditional use
approval shall be granted to and for LeAnne Villegas,
exclusively, and shall not be transferable nor run with
the land. (P)
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2. Expansion of Use: There shall be no exterior additions
or alterations to the existing structure to accommodate
this use. (P)
3. Signage: There shall be no signs permitted to identify
this use. (P)
4. Number of Children: This conditional use approval shall
be limited to providing care, protection and guidance to
a maximum of twelve (12) children, other than the
applicant's own children, at any one time. (P)
5. Hours of Operation: Hours and days of operation shall be
limited to Monday through Friday from 6:30 a.m. to 6
p.m. There shall be no Saturday or Sunday operation of
this use. (P)
6. Time Limitation: This conditional use approval shall be
granted for a period not to exceed 5 years from the date
of approval. ( P )
7. Fenced Outdoor Play Areas: Any outdoor play area and/or
recreational equipment utilized by the family day-care
home shall be located in the side or rear yard of the
property. Outdoor play and/or recreational equipment
areas shall have perimeter fencing of at least four feet
in height, installed around the equipment or play area.
Equipment for outdoor play areas shall be located no
closer than fifteen (15) feet to the side or rear
property lines. (P)
8. Employees: No more than two (2) employees shall be
permitted to work on the premises, other than family
member employees that live on the premises. (P)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
16SNO567
In Bermuda Magisterial District, Chesterfield County Board of
Supervisors request amendment of zoning (Case 13SN0520)
relative to modification of in-kind improvements to permit a
cash proffer payment and amendment of zoning district map in
a Community Business (C-3) District on 0.6 acres located in
the southwest corner of Fountain Square Plaza and Chester
Village Drive. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Neighborhood Mixed
use. Tax IDs 788-655-8553, 8854 and 9964.
Mr. Turner presented a summary of Case 16SNO567 and stated
both the Planning Commission and staff recommended approval
and acceptance of the one proffered condition.
Mr. Warren called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
15-1206
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9
R]
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved Case 16SN0567 and accepted the following proffered
condition:
The Applicant hereby amends Condition D of Case 13SN0520 to
read as follows:
At the County's option, the Applicant, sub -divider, or
assignee(s) shall provide one of either A. or B. as described
below:
A. Cash Proffers. The applicant, sub -divider, or
assignee(s) shall pay $201,600 to the County of
Chesterfield, upon issuance of a certificate of
occupancy for any dwelling unit on the subject
property. The payment shall be used for parking lot
improvements to serve the Chester Library.
Or,
B. In -Kind -Improvements. The Applicant shall provide
parking lot improvements, acceptable to the County,
to serve the Chester Library (the "Improvements").
For the purposes of this proffer, the improvements
shall include all work necessary to complete at
least 40 parking spaces of the 70 space parking lot
shown on Exhibit A, dated July 26, 2013, attached
hereto. The Improvements shall include, but not be
limited to, engineering, relocating utilities and
construction (including labor, materials, and
overhead). Should the cost of the initial 40 spaces
be less than $201,600, the developer shall continue
to construct additional parking spaces until funds
expended total $201,600. The Improvements shall be
completed upon issuance of a certificate of
occupancy for any dwelling unit on the subject
property. Construction bids for the Improvements
shall be reviewed and accepted by the County prior
to the issuance of a Land Disturbance Permit for
said Improvements. (B & M)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
16SN0555
In Matoaca Magisterial District, Luz Ramirez requests
conditional use planned development relative to a required
buffer and setbacks and amendment of zoning district map in a
Residential (R-12) District on 0.4 acre known as 14506 Tealby
Drive. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Suburban Residential II use (2.0
to 4.0 dwellings per acre). Tax ID 726-658-5913.
Mr. Ryan Ramsey presented a summary of Case 16SN0555 and
stated the Planning Commission recommended approval because
as proffered, buffer plantings will provide continuity of
existing buffer and separation of improvements from the
roadway. He further stated staff recommended denial because
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of the increase in adverse noise, glare and privacy impacts;
reduced continuity of an existing buffer area; and there is
an insufficient visual separation between development and the
roadway.
Ms. Jaeckle excused herself from the meeting.
Mr. Luz Ramirez accepted the recommendation.
Mr. Warren called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved Case 16SNO555 and accepted the following proffered
conditions:
1. Buffer. The portion of the variable width buffer located
on the request property (Lot 18), as recorded on the
subdivision plat titled "Collington Section 3", shall be
deleted. (P)
(Staff Note: The remaining portion of this variable width
buffer shall remain on the adjoining community open
space area, identified as Tax ID 726-658-8126).
2. Fence. A six (6) foot tall privacy fence, as located on
Exhibit A, shall be maintained on the property to reduce
the visibility of the pool, pool deck and accessory
building (shed) from Springford Parkway. (P)
3. Certificate of Occupancv and Off -Site Buffer Plantin
a. A certificate of occupancy for the existing pool
shall be obtained by the applicant no later than
April 15, 2016. (P)
b. Prior to the issuance of this certificate of
occupancy, landscaping of the adjoining open
space area along Springford Parkway (Tax ID 726-
658-8126) as generally shown on Exhibit A shall
be completed. Modifications to the location of
landscaping may be approved by the Planning
Department through the review and approval of a
final landscape plan as outlined in subsection
3.c.1.
c. Prior to the installation of any landscaping
identified in Proffered Condition 3.b, the
following items shall be submitted to the
Planning Department:
1. A final landscape plan, noting the species,
size and location of plantings.
2. A landscape contractor's estimate,
satisfactory to the Director of Planning.
3. To insure replacement of unhealthy, dying,
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9
PE
F]
dead or pollarded landscaping within the
first year of installation, a form of
surety satisfactory to the Director of
Planning in an amount equal to fifty (50)
percent of the cost of initial installation
of the required landscaping shall be
submitted. (P)
4. Accessory Building Setback. The accessory building,
labeled "Shed" on Exhibit B, shall be permitted to be
located no closer than four and six tenths (4.6) feet to
the rear property line. This exception shall not apply
to any future structures on the request property. (P)
Ayes: Elswick, Warren, Holland and Gecker.
Nays: None.
Absent: Jaeckle.
Mr. Warren requested to hear the following case due to Ms.
Jaeckle's absence:
15SNO634
In Midlothian Magisterial District, Charter (E & A) LLC
requests amendment of conditional use planned development
(Cases 94SNO138 & 13SN0509) to permit exceptions to density
and residential townhouse standards and amendment of zoning
district map in a Community Business (C-3) District on 10.2
acres fronting 700 feet on the west line of Charter Colony
Parkway, 850 feet south of Midlothian Turnpike, also fronting
550 feet on the east line of LeGordon Drive, 1115 feet south
of Midlothian Turnpike. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Planned Transition
Area uses. Tax ID 726 -707 -Part of 3592.
Mr. Ramsey presented a summary of Case 15SNO634 and stated
the Planning Commission recommended approval because of the
high-quality, village -concept townhouse community; future
development on Le Gordon Drive is limited; and substantial
capital facilities improvements are already constructed as a
part of Charter Colony. He further stated staff recommended
denial because the request does not address impacts on
capital facilities.
Ms. Jaeckle returned to the meeting.
Mr. Brennen Keene, representing the applicant, presented a
summary of the conditional use. He stated the Charter Colony
development encompasses over 818 acres and remains a mix of
commercial, residential, multi -family and senior apartments.
He further stated the overall development of the tract
provides an opportunity to support the vision of the
Midlothian Village and Charter Colony for a mixed-use
development. He stated the 1995 proffered zoning conditions
include a density cap of 2,100 single-family residential
units, with the first 2,088 residential units not subject to
the payment of a cash proffer. He further stated the 2,100
unit number was reduced to 1,800 units if property was
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donated for the construction of John Tyler Community College.
He stated additional improvements and enhancements include
construction of additional sidewalks, decorative lighting, a
new path and aesthetic improvements to the area. He noted the
applicant has offered $2,000 per unit to go solely towards
school impacts. In closing, he urged the Board to approve the
request.
Mr. Warren called for public comment.
Ms. Amy Satterfield, member of the Village of Midlothian
Volunteer Coalition, voiced her support of the propsal and
stated quality infill projects in the village are important.
She expressed concerns relative to water quality within an
existing community in the village.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Keene stated Edens, as part of the Martins development,
did bring a water line down LeGordon Drive to the
neighborhood. He further stated an extension to Garnets Lane
should be accessible in the future.
Mr. Gecker expressed concerns that too many townhomes are
being zoned. He stated the use is appropriate for the
proposed area and he was persuaded it would be better for the
overall community. He further stated he met with residents of
Garnets Lane and there was a consensus that a residential use
was more appropriate than the already zoned commercial use.
He also noted a future sidewalk project requested by the
neighborhood.
Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for
the Board to approve Case 15SNO634 and accept the proffered
conditions.
Mr. Holland expressed concerns relative to the functional
capacity of J.B. Watkins Elementary School. He recommended
noting the number of trailers being used by schools in future
cases. He stated there should not be a tradeoff between
quality development and cash proffers. He further stated he
believes the proposal offers an appropriate use for the land
and voiced his support of the case.
In response to Mr. Holland's concerns, Mr. Gecker stated the
proffer issue puts the property consistent with what the
Board has done in both Bermuda and Ettrick, accepting a
lesser than full proffer in order to incentivize quality
development in the villages. In regards to the overcrowding
at J.B. Watkins Elementary School, he stated he hopes the new
Board has the political will to redistrict the county in
order to accommodate every student.
Mr. Holland concurred with Mr. Gecker's remarks.
Mr. Warren called for a vote on the motion of Mr. Gecker,
seconded by Ms. Jaeckle, for the Board to approve Case
15SN0634 and accept the following proffered conditions:
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9
9
The Owners and the Developer (the "Owners") in this zoning
case, pursuant to §15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the Property known as part of Chesterfield
County Tax Identification Number 726-707-3592 (the
"Property") under consideration will be developed according
to the following conditions if, and only if, the rezoning
request for amendment to the Conditional Use Planned
Development ("CUPD") is granted. In the event the request is
denied or approved with conditions not agreed to by the
Owners, the proffers shall immediately be null and void and
of no further force or effect.
The application contains two (2) exhibits described as
follows
Exhibit A - A plan titled "Charter Colony Townhouses,
Preliminary Site Plan," dated January 9, 2015, last
revised February 24, 2015, and prepared by Youngblood,
Tyler & Associates P.C.
Exhibit B - Elevations titled "Conceptual Elevations A,
B, C, C-1, and D" prepared by HHHunt.
The Applicant hereby amends Proffered Condition 1 of Case
13SN0509 to read as follows:
1. Master Plan. The Textual Statement dated February
27, 2015, last revised May 11, 2015, shall be
considered the Master Plan. (P)
(Note: Except as amended herein, all previous
conditions of zoning approved in Case 13SN0509
shall remain in full force and effect.)
The Applicant hereby amends Proffered Condition 2 of Case
94SN0138 to read as follows:
2. Dwelling Units. A maximum of eighty (80) dwelling
units shall be permitted on the Property. The
dwelling units are independent of, in addition to,
and shall not otherwise affect or limit in any
manner the original number of dwelling units
permitted by Proffered Condition 2 of case
94SN0138. (P)
(Note: Except as amended herein, all previous
conditions of zoning approved in Case 94SN0138
shall remain in full force and effect.)
3. Buffers.
A. Charter Colony Parkway.
i. A fifty (50) foot buffer ("50 -Foot
Buffer") measured from the right-of-way
shall be provided along Charter Colony
Parkway as shown on Exhibit A.
ii. Natural vegetation within the 50 -Foot
Buffer shall be maintained to the maximum
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extent feasible. Prior to any
construction on the Property, an on-site
inspection by the Planning Department
shall identify the trees within the 50 -
Foot Buffer that should be saved. Those
trees shall be tagged and protected.
iii. If insufficient plantings exist within
the 50 -Foot Buffer, as determined by the
Planning Department, additional plantings
shall be added. The exact locations,
quantities, species, and sizes of any
supplemental landscaping shall be
determined at the time of subdivision
review.
Structures.
iv. A decorative wall and/or signage may be
provided within the 50 -Foot Buffer to
identify the townhouse development.
v. Rear yard fencing for lots may be
installed within the 50 -Foot Buffer,
provided that the required landscaping in
the buffer is maintained. (P)
4. Setbacks on Special Access. A ten (10) foot
setback shall be required for buildings located
along the East-West Special Access Road ("Special
Access") except as to accommodate improvements
noted in Proffered Conditions 5.A. and 10.A. (For
clarification, no buffers are required along the
Special Access.) (P)
5. Pedestrian Access.
A. A sidewalk or meandering path located within
the front yards of the townhouses shall be
provided along the south side of the Special
Access as generally shown on Exhibit A.
B. A pedestrian connection to the path located
along LeGordon Drive shall be provided from
the turnaround shown on Exhibit A and as
approved by the Planning Department at the
time of subdivision review.
C. At least one pedestrian crosswalk located in-
line with the sidewalk fronting the shopping
center buildings that face Charter Colony
Parkway shall be provided across the Special
Access, if approved by VDOT.
D. Sidewalks shall be provided on one side of the
Public Roads of the townhouse development as
shown on Exhibit A. Public Roads are those
roads that are internal to the Property and
designed to be accepted for state maintenance.
E. Additional sidewalks shall be provided across
the Common Area and linking to the Private
Alleys as generally shown on Exhibit A.
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9
9
M
M
F. All private sidewalks leading to the front of
the dwelling units shall be a minimum of four
(4) feet in width. (P)
6. Garages and Parking.
A. Rear -loaded, alley -accessed townhouses shall
have two -car garages.
B. Front -loaded townhouses shall have one -car
garages.
C. On -street parking shall be permitted on Public
Roads as approved by VDOT. (P)
7. Alley Access and Screening. Where an alley is
visible from Public Roads, a screening wall, fence,
or landscaping shall be used to minimize the view
of parking and service areas. (P)
8. Townhouse Design.
A. The architecture design shall be generally
similar to those shown on Exhibit B.
B. The townhouse end units that face outside the
Property and in the locations noted on Exhibit
A as Lots 1, 31, 32, 45, 46, 61, and 62 shall
be constructed with additional facade design
and detailing such as shown on Conceptual
Elevation D.
C. All end units that are internal to the
Property shall wrap any brick on the front
facade a minimum of eighteen (18) inches along
the side of the unit.
D. Exterior materials shall be brick or fiber
cement siding (such as HardiePlank,
HardieShingle, and HardieTrim) or engineered
wood siding (such as LP SmartSide). Vinyl
siding shall not permitted as an exterior
material.
E. Other materials may be used for trim,
architectural decorations, or design elements
provided they blend with the traditional and
cottage style architecture, as generally
depicted in Exhibit B.
F. Roof materials shall be standing seam metal or
a thirty (30) year architectural dimensional
shingles with algae protection.
G. Roofs or roof lines shall be varied in color,
height, or by a visual/material break between
the roofs.
H. All front entries shall be covered with a
solid porch roof. At least one unit in each
group of rear -loaded townhouses shall provide
a front porch design extending the full width
of the unit to provide variety and vertical
breaks to the units.
I. Any rear elevation adjacent to Charter Colony
Parkway (Lots 11-31 on Exhibit A) shall be
constructed with similar architectural details
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as those on the front elevation of the
townhouse. All single windows shall have a
shutter treatment. In addition, a minimum of
two (2) dwelling units in a row or group shall
incorporate a brick facade treatment from the
foundation to the top of the second floor.
The units with a brick facade shall not be
required to incorporate decorative siding
treatment above the brick.
J. The minimum square footage of the townhouses
shall be 1600 square feet. (P)
9. Fences.
A. Any rear yard fences constructed shall be
vinyl, fiber cement lumber, metal, and/or
comparable material.
B. The height of rear yard fences shall not
exceed six (6) feet. (P)
10. Streetscape.
A. Large maturing trees, planted approximately
40' on center, shall be provided along the
Public Roads of rear -loaded lots, along the
Special Access Street, and Common Area, except
where there is a conflict with utilities,
sightlines, and driveway areas.
B. Small ornamental trees shall be provided
between groups of front -loaded lots, except
where there is a conflict with utilities.
C. Front yard post lights shall be provided for
each townhouse. (P)
11. Driveways. Driveways shall be concrete. Gravel or
asphalt driveways shall not be permitted. (P)
12. Common Areas.
A. An open lawn passive recreation area shall be
provided as shown as Common Area on Exhibit A.
A covered community gathering space such as
pavilion, gazebo, or similar structure
("Pavilion") shall be provided on the
Property.
vi. The Pavilion shall be a minimum of 192
square feet in size and the design of the
Pavilion shall be compatible with the
architecture of the community.
vii. The exact location of the Pavilion shall
be determined at the time of preliminary
subdivision plat approval.
viii. Once the location is identified, the
Pavilion shall be constructed as part of
that row or group of townhouses
immediately adjacent to the Pavilion
location.
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12/16/15
9
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ix. Notwithstanding the provisions above, the
Pavilion shall be under construction
prior to the issuance of the 40th building
permit. (P)
13. Cash Proffers. For the 80 dwelling units permitted
on the Property, as set forth in Proffer 2, 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 cash proffer
service district for the Property, unless state law
prevents enforcement of that timing:
A. $2,000 per dwelling unit, to be allocated to
schools, for the period beginning the July 1
preceding the Board of Supervisors' approval
of the case through July 1 four years later,
at which point the amount will be adjusted for
the cumulate change in the Marshall and Swift
Building Cost index during that time period.
B. 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.
C. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted
by law.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
16SNO560
In Bermuda Magisterial District, Pete Borches and CMA
Properties, Inc. request conditional use planned development
and amendment of zoning district map to permit exceptions to
ordinance requirements relative to setbacks and landscaping
in a General Business (C-5) District on 4.2 acres fronting
545 feet on the north line of Ruffin Mill Road, 1,850 feet
southeast of Woods Edge Road. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Industrial use.
Tax ID 805-638-4331.
Ms. Jane Peterson presented a summary of Case 16SNO560 and
stated the Planning Commission recommended approval because
of the large distance between road improvements and display;
and the larger landscaping will impact permeable pavers and
block view of pad sites. She further stated staff recommended
denial because the reduction in required landscaping is
inadequate to offset visual impacts of setback encroachments,
and the setback encroachment for inventory vehicle parking
represents overdevelopment of the site and adversely impacts
provision of required landscaping.
Mr. Pete Borches accepted the recommendation.
15-1215
12/16/15
Mr. Warren called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 16SNO560 and accepted the following proffered
conditions:
1. The Textual Statement dated November 2, 2015, and the
Exhibit Titled "#2122 Ruffin Mill Road Colonial Subaru -
CUPD", prepared by Townes Site Engineering, and dated
09/04/2015, shall be considered the master plan for the
location of vehicle display pads and parking exceptions.
A maximum of 5 vehicle display pads and 37 parking
spaces shall be located at this reduced setback. (P)
2. Access to and from the vehicle display areas shall be
prohibited from Ruffin Mill Road. (P)
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO CONSIDER THE REAL ESTATE TAX EXEMPTION REQUEST OF
CHESTERFIELD ALTERNATIVES, INCORPORATED
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider the real estate
tax exemption request of Chesterfield Alternatives,
Incorporated.
Mr. Warren called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
approved the real estate tax exemption request of
Chesterfield Alternatives, Inc. and adopted the following
ordinance:
AN ORDINANCE TO DESIGNATE REAL
PROPERTY OWNED BY CHESTERFIELD ALTERNATIVES, INC.
TO BE EXEMPT FROM PROPERTY TAXATION
WHEREAS, subsection 6(A)(6) of Article X of the
Constitution of Virginia, on and after January 1, 2003,
authorizes localities to designate as exempt from local
taxation the real or personal property, or both, owned by a
non-profit organization that uses such property for
religious, charitable, patriotic, historical, benevolent,
cultural, or public park and playground purposes; and
WHEREAS, the County has received a request from
Chesterfield Alternatives, Inc. to consider granting it a tax
exemption for a specific piece of real property owned by it
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in Chesterfield County and described as County Property Tax
Parcel ID No. 793616827800000; and
WHEREAS, in accordance with Va. Code, §58.1-3651 the
Board has conducted a public hearing and considered each of
the questions required to be considered before adopting an
ordinance granting any such exemption; and
WHEREAS, the Board has determined that Chesterfield
Alternatives, Inc. meets the requirement for the real
property tax exemption that it has requested by reason of its
being a non-profit organization which uses the real property
for which it is requesting the exemption for benevolent
purposes.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors
of Chesterfield County:
1. Chesterfield Alternatives, Inc. is hereby
designated a benevolent, non-profit organization within the
context of Section 6(A)(6) of Article X of the Constitution
of Virginia.
2. The Real Property is used by Chesterfield
Alternatives, Inc. exclusively for benevolent purposes on a
non-profit basis as set forth in Section 1 of this ordinance
and is hereby determined to be exempt from local taxation up
to a maximum amount of $5,000. This exemption shall be
contingent on the continued use of the Real Property in
accordance with the purpose for which the organization is
designated as exempt in Section 1.
3. This Real Property tax exemption shall be effective
as of January 1, 2016.
4. This ordinance shall not be set out in the County
Code but shall be kept on file in the office of the real
estate assessor.
5. This ordinance shall be in effect immediately upon
its adoption.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
17.B. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATED
TO FEES FOR DEFERRAL OF A PUBLIC HEARING MEETING AND
SIGN PERMITS
Mr. Cash stated this date and time has been advertised for a
public hearing for the Board to consider an amendment to the
County Code related to fees for deferral of a public
hearing/meeting and sign permits. He further stated the
amendment related to fees for deferral of a public
hearing/meeting would allow an applicant to consent to a
deferral, indicating their willingness to improve a case by
addressing concerns, without incurring a fee. He stated the
amendment related to sign permits would require a $200 fee
for any sign in excess of 8 square feet excluding limited
duration signs, and not require a fee for all other signs.
15-1217
12/16/15
Mr. Warren called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Warren, adopted the
following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING
SECTIONS 19.1-41AND 19.1-272 OF THE ZONING ORDINANCE RELATING TO
PUBLIC HEARING/MEETING DEFERRAL FEES AND SIGN PERMIT
REQUIREMENTS AND RELATED FEE.
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Sections 19.1-41 and 19.1-272 of the Code of the County of Chesterfield. 1997, as
amended, are amended and re-enacted, to read as follows.-
The
ollows:
The fees shown in Tables 19.1-41.A., B. and C. shall be submitted in conjunction
with the specified application or request, provided, however, fees for a single
application shall not exceed $75,000. Fees shall be waived for any County
department or agency excluding the Chesterfield County Airport, Utilities
Department and Public Schools.
Except where otherwise stated, each application shall be limited to either a single
lot, a combination of lots provided the lots are contiguous to each other, or any
combination of lots which were the subject of the same condition of a zoning
approval.
Acreage fees shall be prorated on any portion in excess of each whole acre.
15-1218
12/16/15
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N
BoardTable 19.1-41. A. Planning Commission and
Application Type
Fee (in dollars)
Rezoning
1400 plus 70 per acre in excess of 1 acre 11][21
Communication Tower
7500 plus 100 per acre in excess of 1 acre [21
Computer Controlled Variable Message
2100 plus 100 per acre in excess of 1 acre
Electronic (EMC) Sign
Landfill, Quarry. Mine or Borrow Pit
7500 plus 100 per acre in excess of 1 acre [21
Conditional Use
or
Conditional Use
Adult Business
7500 plus 100 per acre in excess of 1 acre (21
Planned
Use Incidental to Principal Dwelling to
300 [21
Development
include Family Day Care Home
Recreational Facility and Grounds
Primarily Serving Surrounding
3001z�
Residential Community
All Others
1400 plus 70 per acre in excess of 1 acre [11[21
Substantial
Communication Tower
7500 plus 100 per acre in excess of 1 acre[21
Accord
All Others
1400 plus 70 per acre in excess of 1 acre [21
Manufactured Home Permit
200
Single Family Dwelling or Accessory
300
Resource
Use to Single Family Dwelling
Protection Area
Exception
All Others
2300
Use Incidental to Principal Dwelling to
include Family Day Care Home or
300[21
Resource Protection Area Single Family
Dwelling
Recreational Facility and Grounds
Amend
Conditions of
Primarily Serving Surrounding
300121
Previously
Residential Community
Approved
Application
Manufactured Home Permit
200
2000 for first 2 conditions
All Others
plus 1000 for each condition thereafter (includes
condition of textual statement) (11[21
Deferral Request by Applicant of Planning Commission or
1000 for first deferral
Board of Supervisors' Public Hearing/Meeting
plus 2000 for each deferral thereafterlil
Notes for Table 19.1-41.A.
[1] For any office, commercial or industrial use within an enterprise zone, enterprise subzone or technology
zone as designated by the county code, an application fee shall not be required provided the director of
planning determines that the request is in compliance with the comprehensive plan.
[2] One application may be made for any combination of the requests footnoted as [2]. The fee for any
combination of these requests shall not be cumulative; rather the fee shall be based upon the category
having the highest fee.
15-1219
12/16/15
Notes for Table 19.1-41.C.
[1] For any office, commercial or industrial use within an enterprise zone, enterprise subzone or technology zone as
designated by the county code, an application fee shall not be required.
Im
A. Signs Requiring a Sign Permit. A sign permit shall be required for any sign,
excluding limited duration signs, originally built or enlarged to be in excess of 8
square feet, and for any enlargement, structural alteration or modification of these
signs other than sign refacing.
B. Signs Requiring a Planning Sign Permit. On a vacant lot, a lot occupied by a
nonresidential use, property at the entrance to a residential community, or an O, C
and I property, a planning sign permit shall be obtained for any sign for which a
sign permit is not required except for off-site signs outlined in Section 19.1-278.C.5.
Applications shall not be submitted more than 30 days prior to the proposed display
date.
(2) That this ordinance shall become effective immediately upon adoption.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1220
12/16/15
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9
9
Table 19.1-41I.C. Buildino Permit, Sion Permit, Schematic PIan and Site
Application Type
Plan Fees
Fee (in dollars)
Building Permit for New Single, Two Family or Townhouse Dwelling
40 per unit
Sign Permit
Planning
0
All others
200
Schematic or Overall Development Plan
1400
plus 70 per acre
in excess of 1 acre
Adjustment/Amendment to Approved Schematic, Overall
Development Plan or Site Plan
700 per submittal
Initial Submittal plus 2 Revision Submittals
1400
plus 70 per acre
in excess of 1 acrell]
Site Plan
Submittals Subsequent to First 3 Submittals
350 per submittalt'l
Appeal Planning Director's Decision on Site Plan
700
Plan Transfer to Electronic Format per Sec. 19.1-27.G.
130
Deferral Request by Applicant of Planning Commission
Hearing/Meeting
1000 for first deferral
plus 2000 for each deferral thereafterlil
Notes for Table 19.1-41.C.
[1] For any office, commercial or industrial use within an enterprise zone, enterprise subzone or technology zone as
designated by the county code, an application fee shall not be required.
Im
A. Signs Requiring a Sign Permit. A sign permit shall be required for any sign,
excluding limited duration signs, originally built or enlarged to be in excess of 8
square feet, and for any enlargement, structural alteration or modification of these
signs other than sign refacing.
B. Signs Requiring a Planning Sign Permit. On a vacant lot, a lot occupied by a
nonresidential use, property at the entrance to a residential community, or an O, C
and I property, a planning sign permit shall be obtained for any sign for which a
sign permit is not required except for off-site signs outlined in Section 19.1-278.C.5.
Applications shall not be submitted more than 30 days prior to the proposed display
date.
(2) That this ordinance shall become effective immediately upon adoption.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
15-1220
12/16/15
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17.C. TO CONSIDER THE PROPOSED COMPLETE ROADS POLICY
Dr. Pritchard stated this date and time has been advertised
for a public hearing for the Board to consider the proposed
Complete Roads Policy. He further stated the Complete Roads
Policy provides a framework through which Chesterfield County
will accommodate all roadway users to achieve a safe,
effective, and multimodal transportation network. He stated
as part of the implementation of the 2012 Comprehensive Plan,
a committee began work on a Bikeways and Trails Plan in
January 2014. He further stated as a Board policy, the
proposed policy was not routed through the Planning
Commission. He stated if the Board finds that the perspective
of the Commission would be helpful, referring it to them
remains an option.
Mr. Warren called for public comment.
Mr. George Emerson stated the policy is very poorly written,
with minimum details. He expressed concerns relative to
regulations and specifications placed on area developers.
Mr. Andy Scherzer stated a deferral would be appropriate in
order for the development community to understand and examine
the details of the policy.
Mr. Max Hepp-Buchanan, Director of Bike Walk RVA, voiced his
support of the implementation of the policy. He stated it is
normal for local governments to evaluate road projects before
they are built to make sure the designs are considering the
needs of people who walk, bike, use wheelchairs, or otherwise
have to get around without the luxury of a car.
Ms. Miriam Ford, avid cyclist and pedestrian advocate, voiced
her support of the implementation of the policy. She stressed
the importance of making accommodations for cyclists and
pedestrians when considering future transportation projects.
Mr. Paul Drammen voiced his support of the implementation of
the policy. He expressed concerns relative to the current
conditions of road shoulders and stressed the importance of
the safety and needs of roadway pedestrians.
Mr. Mike Snodgrass voiced his support of the implementation
of the policy. He stressed the importance of considering the
needs of all roadway users.
Mr. Lindsay Childs voiced his support of the implementation
of the policy. He stated the policy would improve the
pedestrian and bicycle environment in the county. He stressed
the importance of the safety and needs of roadway
pedestrians. He urged the Board to adopt the policy.
Ms. Melinda Aielo, a Bermuda District resident, voiced her
support of the implementation of the plan. She stressed the
importance of making accommodations for cyclists and
pedestrians when considering future transportation projects.
She urged the Board to adopt the policy.
15-1221
12/16/15
Mr. Lloyd Poe, member of the building and development
community, stated the policy is deficient, with minimum
details. He expressed concerns relative to regulations and
specifications placed on area developers. He further stated a
remand to the Planning Commission would be appropriate in
order for the development community to understand and examine
the details of the policy.
Mr. Andrew Clark, Director of Government Affairs and Member
Services at the Home Building Association of Richmond,
expressed concerns relative to regulations and specifications
placed on area developers. He stated a remand to the Planning
Commission would be appropriate in order for the development
community to understand and examine the details of the
policy.
There being no one else to speak to the issue, the public
hearing was closed.
In response to Mr. Holland's questions, Dr. Pritchard stated
as part of the implementation of the Comprehensive Plan, a
committee began work on a Bikeways and Trails Plan in January
2014. He noted the proposed policy was not routed through the
Planning Commission. He further stated the public hearing was
initially scheduled for the Board's November 18th meeting, but
was rescheduled to this meeting after other scheduled
hearings ran past midnight. He stated feedback came generally
from briefings with Planning Commissioners and Board members
and a September presentation at the quarterly development
meeting.
In response to Mr. Warren's question, Dr. Pritchard stated
there is not a dollar figure attached to the policy. He
further stated a broad policy was prepared, designed to
provide flexibility for developers and county staff in areas
where infrastructure is needed.
Mr. Holland stressed the importance of the lack of
specificity within the policy to provide flexibility for
future county infrastructure improvement projects.
In response to Mr. Gecker's questions, Mr. Smith stated the
federal government already has the same concept built in for
all federally funded roads. He further stated the proposed
language does not differ much from the federal concept to
consider alternative modes of transportation in the design of
future projects.
Mr. Gecker stated the purpose of the policy is to bring
notice to staff to incorporate alternative modes of
transportation into the road system. He further stated the
revenue neutrality piece of the policy is a benefit to the
development community, which is not seen at the federal or
state level.
Mr. Elswick stated he is not against the policy, but agrees
it is too deficient in details.
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12/16/15
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In response to Mr. Elswick's questions relative to the cost
associated with future road projects and reasonable
exceptions, Dr. Pritchard stated there is no good methodology
for determining an exact cost figure. He further stated
discussing proffers outside of the proffer policy is not a
wise issue and leads to confusion; however, proffers are for
infrastructure that is not for when infrastructure is
provided. In terms of the exceptions, he stated
accommodations should be considered except when conditions
exist when scarcity of population indicate an absence of need
for such accommodations; environmental or social impacts
outweigh the need for accommodations; total cost of
constructing and/or maintaining the accommodation, including
potential right-of-way acquisition, would be excessively
disproportionate to the need for the accommodation; purpose
and scope of the specific project do not facilitate the
provision of such accommodations; and when accommodations are
prohibited by state or federal laws.
Ms. Jaeckle stressed the importance of the Complete Roads
Policy and the need for future pedestrian access. She stated
she can understand the fears of developers relative to the
lack of specificity in the policy; however, lack of details
creates allowances for certain situations. She suggested
remanding the policy to the Planning Commission for their
perspective.
Mr. Gecker concurred with Ms. Jaeckle's remarks and stated he
fully supports the concept. He noted the concept has been
very successful in other jurisdictions. He stated the purpose
of the policy is based upon conflict between staff
departments relative to paying the increased cost in order to
implement a policy or not.
Mr. Gecker then made a motion, seconded by Mr. Warren, for
the Board to refer the proposed Complete Roads Policy to the
Planning Commission for recommendation within 90 days.
Mr. Holland voiced his support of the policy and stated he
does not see the need to refer the policy to the Planning
Commission. He stressed the importance of offering more
transportation choices, the benefits to the quality of life
and improving safety represented within the policy. He noted
the county does not maintain its roadways. He stated there is
no good methodology for determining an exact cost figure.
Ms. Jaeckle stated in coordination with VDOT, the county will
work to support a Complete Roads approach with road
construction projects. She stressed the importance of
principles being utilized when new, or renovations to
existing, public facilities such as schools, parks, libraries
and fire stations are being considered.
Mr. Gecker stated referring the policy to the Planning
Commission is the better course of action and called his
motion into question.
Mr. Warren called for a vote on the motion made by Mr.
Gecker, seconded by Mr. Warren, for the Board to refer the
proposed Complete Roads Policy to the Planning Commission for
recommendation within 90 days.
Ayes: Elswick, Warren, Jaeckle and Gecker.
Nays: Holland.
15-1223
12/16/15
17.D. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN -FOR THE
ACQUISITION OF LAND FOR THE FIRE AND EMERGENCY
MEDICAL SERVICES STATION 5 REPLACEMENT SITE ALONG
WINTERFIELD LANE AT MIDLOTHIAN TURNPIKE
Mr. Sasek stated this date and time has been advertised for a
public hearing for the Board to consider the exercise of
eminent domain for the acquisition of land for the Fire and
Emergency Medical Services Station 5 replacement site along
Winterfield Lane at Midlothian Turnpike.
Mr. Warren called for public comment.
Ms. Yasmine Hammond, representing the property owner, voiced
support of the use of the land; however, she stated the price
offered for the acquisition of additional land and road right
of way cannot be accepted. She further explained the
valuation of the property.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Gecker noted the dispute is strictly over the value of
the land, not the use.
In response to Mr. Gecker's question, Mr. Mincks stated a
certificate of deposit will be filed with the court which
will allow the county to take possession of the property and
negotiation will continue to be made in an effort to reach a
settlement after the certificate is filed.
Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for
the Board to authorize the County Attorney to proceed with
eminent domain for the acquisition of 0.375 acres of land
from Larry L. and Lois S. Denison, Trustees (a portion of
PIN: 926 708 7575 00000, 13921 Winterfield Lane) for the Fire
and EMS Station 5 Replacement Site along Winterfield Lane at
Midlothian Turnpike and authorized entering and taking such
property prior to eminent domain proceedings.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
In response to Mr. Holland's question, Mr. Sasak stated the
offer was based on appraisal of the property.
17.E. TO CONSIDER THE CONVEYANCE OF AN EASEMENT TO VIRGINIA
ELECTRIC AND POWER COMPANY FOR THE DOMINION VIRGINIA
POWER UNDERGROUNDING PROJECT AT THE DUTCH GAP
CONSERVATION AREA
Mr. Sasek stated this date and time has been advertised for a
public hearing for the Board to consider the conveyance of an
easement to Virginia Electric and Power Company for the
Dominion Virginia Power Undergrounding Project at the Dutch
Gap Conservation Area.
Mr. Warren called for public comment.
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There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Virginia
Electric and Power Company for a 15' underground easement for
the Dominion Virginia Power undergrounding project at the
Dutch Gap Conservation Area.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
17.F. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF RIGHT OF WAY FOR A RIGHT TURN LANE
ALONG MIDLOTHIAN TURNPIKE AT WINTERFIELD ROAD
Mr. Sasek stated this date and time has been advertised for a
public hearing for the Board to consider the exercise of
eminent domain for the acquisition of right of way for a
right turn lane along Midlothian Turnpike at Winterfield
Road.
Mr. Warren called for public comment.
Ms. Yasmine Hammond, representing the property owner, stated
the price offered for the acquisition of offsite right of way
for a right turn lane cannot be accepted. She further
explained the valuation of the property.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Gecker noted if the county does not assist the developer
in acquiring the right of way, the ability to have the right
turn lane constructed by the developer would be lost. He
stressed the importance of a right turn lane along Midlothian
Turnpike at Winterfield Road.
Mr. Gecker then made a motion, seconded by Ms. Jaeckle, for
the Board to authorize the County Attorney to proceed with
eminent domain for the acquisition of 0.086 acres of right of
way for a right turn lane along Midlothian Turnpike at
Winterfield Road from MinitMart, L.L.C. (a portion of PIN:
726 708 3588 00000, 14008 Midlothian Turnpike) and authorized
entering and taking such property prior to eminent domain
proceedings.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
17.G. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR THE
NEWBYS BRIDGE ROAD (HAGOOD LANE TO BELMONT ROAD)
RECONSTRUCTION PROJECT
Mr. Smith stated this date and time has been advertised for a
public hearing for the Board to consider the exercise of
eminent domain for the acquisition of right-of-way and
easements for the Newbys Bridge Road (Hagood Lane to Belmont
15-1225
12/16/15
Road) Reconstruction Project. He further stated on October
24, 2012, the Board authorized staff to proceed with the
Newbys Bridge Road (Hagood Lane to Belmont Road)
Reconstruction Project, including acquisition of right-of-way
and easements. He stated the county's right-of-way
acquisition consultant has been successful in acquiring
right-of-way and easements from six property owners. He
further stated the county's consultant has recommended
eminent domain on two properties in order to allow utility
relocations to take place without further delay. He stated
staff will continue to negotiate with the property owners in
an attempt to reach a settlement after the certificate is
filed, and, if requested, the owners will be paid the
county's appraised value for the property prior to the
condemnation hearing.
Mr. Warren called for public comment.
Ms. Amber Cole, heir of Charles D. Cole, expressed concerns
relative to the proposed road widening of Newbys Bridge Road
and the possibility of the removal of a large cedar tree
planted many years ago which holds significant sentimental
value to the family. She urged the Board to defer
consideration to proceed with eminent domain.
Ms. Pat Palette, heir of Charles D. Cole, urged the Board to
defer consideration to proceed with eminent domain. She
stated the land was purchased by her great-grandfather in
1899 and has not been sold since.
There being no one else to speak to the issue, the public
hearing was closed.
In response to Mr. Holland's questions, Mr. Smith stated the
owners presented a counteroffer and assigned a value to the
tree. He further stated the value of the tree has been
accepted by staff. He stated saving the tree would be
extremely difficult with the roadway widening and the ditch
work required. He further stated staff will continue to work
with the property owners to come to an agreement relative to
the tree after certification is filed. In regards to timing,
he stated the critical path of the project is utility
relocation. He further stated if the matter is deferred the
project could be delayed for months. In regards to traffic,
he stated Newbys Bridge carries up to 10,000 cars per day. He
noted the goal of the road widening project is to enhance
safety for motorists. He noted funding has been allocated to
improvements at the Belmont Road/Courthouse Road
intersection.
Mr. Holland stressed the importance of the road widening and
the enhancement of safety for motorists on Newbys Bridge
Road.
Mr. Holland made a motion to approve and authorize the
exercise of .eminent domain for the acquisition of right-of-
way and easements for the Newbys Bridge Road Reconstruction
Project.
15-1226
12/16/15
or
K,
In response to Mr. Gecker's questions, Mr. Smith stated the
house on the property is currently being occupied. He further
stated the utility pole will be moved approximately 55 feet
from the house. He stated the right of way and easements are
being condemned. He further stated twelve -foot road lanes,
with an eight -foot shoulder are needed to accommodate the
volume of traffic on Newbys Bridge Road. He noted that many
accidents occur in the Newbys Bridge Corridor. He stated
staff will continue to work with the family to try and
resolve any remaining issues. He further stated work orders
have been submitted for the project to begin in January 2016.
He stated delay of the project would result in a cost
increase.
Mr. Gecker stated it would be his preference to continue to
negotiate with the property heirs without the threat of
eminent domain.
Mr. Warren expressed concerns relative to the eminent domain
process and the sensitivity of the family's apprehensions on
part of the staff. He stated he would support Mr. Holland's
decision.
Ms. Jaeckle expressed concerns relative to the removal of the
tree and the sentimental value of the tree to the family. She
stated her preference would be to defer the matter.
Mr. Elswick noted staff will continue to negotiate with
property owners in an attempt to reach a settlement after
certification is filed. He stressed the importance of
creating a safe roadway for motorists sooner, rather than
later.
Discussion ensued relative to the eminent domain course of
action.
Mr. Holland called his motion into question. He directed
staff to continue the negotiation process with the property
owners.
Mr. Elswick seconded Mr. Holland's motion.
Mr. Warren called for a vote on the motion made by Mr.
Holland, seconded by Mr. Elswick, for the Board to authorize
the eminent domain on the following parcels, including the
filing of a certificate of deposit, for the acquisition of
right-of-way and easements for the Newbys Bridge Road (Hagood
Lane to Belmont Road) Reconstruction Project:
1. Bernice C. Trammell and George E. Cole, 6051 Newbys Bridge
Road, GPIN 7566758193; and,
2. The heirs of Charles D. Cole, 6041 Newbys Bridge Road,
GPIN 7576760549.
Ayes: Elswick, Warren, Holland.
Nays: Jaeckle and Gecker.
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12/16/15
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
20. ADJOURNMENT
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adjourned at 9:57 p.m. until January 13, 2016.
Ayes: Elswick, Warren, Jaeckle, Holland and Gecker.
Nays: None.
Stegoffaier
Administrator
Step h n A. E swick
Chairman
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12/16/15
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PI