2016-07-27 MinutesN
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BOARD OF SUPERVISORS
MINUTES
July 27, 2016
Supervisors in Attendance:
Mr. Stephen A. Elswick, Chairman
Ms. Dorothy A. Jaeckle, Vice Chrm.
Mr. Christopher M. Winslow
Mr. James M. Holland
Ms. Leslie A. T. Haley
Absent:
Dr. Joseph P. Casey
County Administrator
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Staff in Attendance:
Mr. Greg Akers, Dir.,
Internal Audit
Mr. Mike Bacile, Dir.,
Purchasing
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
Ms. Jana Carter, Dir.,
Juvenile Services
Mr. Allan Carmody, Dir.,
Budget and Management
Mr. Barry Condrey,
Chief Information Officer,
IST
Ms. Mary Ann Curtin, Dir.,
Intergovernmental Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessment
Ms. Rebecca Dickson,
Int. Deputy County Admin.
Management Services
Colonel Thierry Dupuis,
Police Department
Mr. John Harmon,
Real Property Manager
Mr. Garrett Hart, Dir.,
Economic Development
Mr. George Hayes, Dir.,
Utilities Department
Mr. Phil Innis, Int. Dir.,
Parks and Recreation
Mr. Rob Key, Dir.,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Mr. Mike Mabe, Dir.,
Library
Ms. Kiva Rogers, Dir.,
Social Services
Ms. Mary Martin Selby, Dir.,
HR Services
Mr. Jeffrey Mincks,
County Attorney
Ms. Chris Ruth, Asst. Dir.,
Public Affairs
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Chief Loy Senter,
Fire and EMS
Mr. Scott Smedley, Dir.,
Environmental Engineering
Mr. Jesse Smith, Dir.,
Transportation
Ms. Sarah Snead, Dep.
County Administrator
Human Services
Mr. Kirk Turner, Dir.,
Planning
Mr. Rick Witt,
Building Official
In lieu of Dr. Casey's absence, Mr. Elswick stated prior to
hiring Dr. Casey, he had informed the Board he had planned a
vacation with his family during the week of the Board meeting.
He also noted Ms. Haley's absence from the afternoon session
for her son's college orientation.
1. APPROVAL OF MINUTES FOR JUNE 22, 2016
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved the minutes of June 22, 2016, as submitted.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
Chief Senter presented a brief update to the Board regarding
the July 19th thunderstorm and recovery efforts. He stated
just after 5 p.m. on July 19th, a line of severe thunderstorms
passed through Central Virginia, affecting Chesterfield
County. He further stated this was a fast, intense storm,
with heavy downpours, powerful straight line winds and
lightning. He stated estimates by the National Weather
Service in Wakefield suggest wind gusts at times were likely
in the 60 to 70 mph range. He further stated the storm left
behind downed trees and powerlines, blocked roads and caused
wide -spread power outages. He stated while power was restored
quickly in many areas of the county, thousands of customers
in Bon Air were without power for a few days. He noted there
were no reports of any major structural damage or requests
for temporary sheltering of any displaced occupants. In
closing, he commended county first responders, police
officers, sheriff deputies and dispatchers at the Emergency
Communications Center, as well as the responders from
Dominion Virginia Power for their safe and efficient
response.
In response to Mr. Holland's questions, Chief Senter stated
there were no requests for emergency sheltering by
individuals. He further stated there is still a lot of
cleanup that needs to take place in order to restore normalcy
in the Bon Air area.
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Mr. Elswick noted Ms. Haley greatly appreciates the efforts
of county first responders for their efforts relative to the
storm.
• Ms. Snead reported with the sports tourism season in
full swing, the county recently played host to the 6th
annual Intercollegiate Women's Lacrosse Coaches
Association, Capital Cup July 14-17 at Clover Hill
Athletic Complex and River City Sportsplex. The
Champions Cup was also held on June 17-19. The Virginia
Boat Club Sprints Regatta was held earlier this summer
and lastly coming up this weekend at Harry G. Daniel
Park at Ironbridge, the Bronco U11 World Series.
3. BOARD MEMBER REPORTS
Mr. Winslow reported county first responders discovered a
home in the Clover Hill District where methamphetamine was
being manufactured. He further stated resident signatures
were successfully collected in order to form a neighborhood
watch in the area. He expressed his appreciation to Colonel
Dupuis, Career Police Officer Matthew Rogers, Lieutenant
David Sumner and Chief Senter for their continued safety
efforts.
Ms. Jaeckle announced a citizen engagement meeting relative
to the budget will be held at the Chester Farmers Market on
July 30, on Chester Village Green Drive at 8:30 a.m.
Mr. Holland announced a community priorities workshop
relative to the budget will be held on July 28, at 3 p.m. at
the Central Library. He reported he attended the NACo Annual
Conference in Los Angeles, California and announced the
Bronco U11 World Series will be held on Saturday, July 30, at
Harry G. Daniel Park.
Ms. Jaeckle also announced she will be attending the Jeffrey
Reed Memorial Service Dedication on July 29, at 10:30 a.m. at
Ironbridge Park.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
replaced Item 8.B.l.c., Resolution Recognizing Boy Scouts
Upon Attaining the Rank of Eagle Scout; replaced the
ordinance attachment to Item 8.B.5.f., Set Date for Public
Hearing to Consider Amendments to Chapter 18 of the County
Code Relating to Requirements for Dwelling Units and
Manufactured Homes; and Termination of Service for Nonpayment
of Utility Changes; and added Item 8.B.24., Initiate a Code
Amendment Related to Limited Events on Agricultural (A)
Property, Refer to Planning Commission for Recommendation,
and Set Board Public Hearing for September 28, 2016
(17PJ0109).
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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5. RESOLUTIONS
S.A. RECOGNIZING THE 2016 SENIOR VOLUNTEER HALL OF FAME
INDUCTEES
Ms. Leidheiser introduced Ms. Ruth Jordan and Ms. Irene
Barbara Mason, who were present to receive the resolution.
On motion of Ms. Jaeckle, seconded by Mr. Holland, 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, fifteen adults in Chesterfield County, aged 60 -
plus, have donated 53,187 hours of volunteer service since
they have attained the age of 60 and were nominated for the
Chesterfield Senior Volunteer Hall of Fame.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of July, publicly
recognizes Ms. Ruth Jordan, Ms. Irene Barbara Mason and Ms.
Nancy Ross, who were selected among the fifteen and were
inducted into the Chesterfield Senior Volunteer Hall of Fame
on May 26, 2016, 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 Ms. Jordan, Ms. Mason and Ms.
Ross, and a copy of this resolution be permanently recorded
among the papers of this Board of Supervisors of Chesterfield
County, Virginia.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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Ms. Jaeckle presented the executed resolutions to Ms. Jordan
and Ms. Mason and expressed her appreciation for their
volunteer service and dedication to Chesterfield County.
Mr. Elswick also expressed his appreciation to Ms. Jordan and
Ms. Mason for their dedicated volunteer service and
contributions to the community.
Ms. Jordan and Ms. Mason sincerely thanked the Board for the
special recognition and kind sentiments.
(It is noted Ms. Ross was unable to attend the meeting, and
the resolution will be presented to her at a later date.)
6. WORK SESSIONS
There were no Work Sessions.
7. DEFERRED ITEMS
There were no Deferred Items.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
suspended its rules to allow simultaneous nomination
/appointment/ reappointment of members to the Youth Services
Citizen Board, Towing Advisory Board and Health Center
Commission.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.A.1. YOUTH SERVICES CITIZEN BOARD
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
simultaneously nominated/appointed/reappointed the following
student representatives to the Youth Services Citizen Board,
whose terms are effective August 1, 2016, and will expire on
June 30, 2017:
Name
nictrint
Ms.
Moriah Rock
Clover Hill
Ms.
Reilly Evans
Clover Hill
Mr.
Drew Buckley
Clover Hill
Ms.
Sydney Means
Dale
Mr.
Dae'Quan Young
Dale
Ms.
Sarah Patton
Matoaca
Ms.
Laney Hull
Matoaca
Mr.
Justin Dunford
Matoaca
Ms.
Kristen Richbourg
Midlothian
Ms.
Peyton Badura
Midlothian
Ms.
Elise Pritchard
Midlothian
Ms.
Katherine Wroblewski
Midlothian
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And, further, the Board simultaneously nominated/appointed
the following adult representatives to the Youth Services
Citizen Board, whose terms are effective August 1, 2016, and
will expire on June 30, 2019:
Name
Mr. Barry Farmer
Mr. John Cichocki
Ayes: Elswick,
Nays: None.
Absent: Haley.
Jaeckle, Winslow and Holland.
8.A.2. TOWING ADVISORY BOARD
District
Midlothian
Midlothian
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
simultaneously nominated/appointed/reappointed Mr. Bruce
Eagle, Ms. Cynthia Pearce, Mr. Asbury W. Quillian, Sergeant
Layne Hellerstedt (current Towing Coordinator) and Lieutenant
John Miller (Administrative Lieutenant for Uniform Operations
Bureau) to serve as members to the Towing Advisory Board,
whose terms are effective September 1, 2016, and will expire
on August 31, 2019.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.A.3. HEALTH CENTER COMMISSION
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
simultaneously nominated/appointed Ms. Katie McCullough to
serve as a member on the Health Center Commission, whose term
is effective immediately and will expire on June 30, 2019.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8.B.l.a. RECOGNIZING "NATIONAL NIGHT OUT" IN CHESTERFIELD
COUNTY
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, each year on the first Tuesday in August,
communities across the nation band together to demonstrate
their unity in the fight against crime; and
WHEREAS, this show of solidarity by law-abiding citizens
has been named "National Night Out"; and
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WHEREAS, the National Night Out event takes place on the
first Tuesday in August in Chesterfield County each year; and
WHEREAS, this year's National Night Out campaign will
involve citizens, law enforcement agencies, civic groups,
businesses, neighborhood organizations and local officials
from 10,000 communities in 50 states, U.S. territories,
Canadian cities and military bases worldwide; and
WHEREAS, National Night Out is designed to heighten
crime- and drug -prevention awareness; and
WHEREAS, this event also generates support for, and
participation in, local anti-crime programs; and
WHEREAS, National Night Out strengthens neighborhood
spirit and the relationships between police and the
communities; and
WHEREAS, these events send a message to criminals that
the communities are organized and fighting back against
crime; and
WHEREAS, Chesterfield County has as one of its strategic
goals: "Partner with residents to provide a safe and secure
community through prevention, readiness, and professional
response"; and
WHEREAS, National Night Out is an important component in
the effort to achieve that goal.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes "National Night
Out" in Chesterfield County, Virginia; thanks police, the
more than 100 neighborhoods and businesses and all others who
will join to prevent crime, and all residents and businesses
in Chesterfield County who will turn on their porch lights
and other exterior lights and gather with friends and
neighbors on National Night Out, to demonstrate their unity
in the fight against crime.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.B.1.b.a. DEPUTY POLLY J. ENCINAS, SHERIFF'S OFFICE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, on August 16, 1993, Ms. Polly Encinas joined
the Chesterfield County Sheriff's Office as a deputy under
Sheriff Clarence G. Williams, Jr. and faithfully served under
Sheriff Dennis S. Proffitt and current Sheriff Karl S.
Leonard; and
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WHEREAS, Deputy Encinas was transferred to the Workforce
Unit in March 2000, where she was instrumental in assisting
the unit with the vast laundry workload at the Lucy Corr
Nursing Home, as well as the recordkeeping it entails; and
WHEREAS, Deputy Encinas was transferred to the
Classification Unit in May 2006, where she processed inmates'
risk assessments, initial classification, housing and work
assignments; and
WHEREAS, Deputy Encinas was transferred to the Courts
Unit in February 2010, where she worked in various security
assignments including building security, with the
responsibility of ensuring that all persons who entered the
courthouse were without weapons or any other dangerous items,
as well as communicating her knowledge of the department; and
WHEREAS, Deputy Encinas was transferred to the
Transportation Unit in March 2014, where she been assigned up
to her retirement date, providing strong leadership to her
peers; and
WHEREAS, Deputy Encinas has demonstrated her
versatility, skill and strong work ethic in a wide range of
departmental assignments in both the Correctional and Court
Services sections of the department; and
WHEREAS, in October 2010, Deputy Encinas met all
requirements to qualify as a Deputy First Class; and
WHEREAS, Deputy Encinas received numerous letters of
appreciation and commendation for her dedication and service
to the employees and citizens of Chesterfield County; and
WHEREAS, Deputy Encinas will retire from the Sheriff's
Office on August 1, 2016, after faithfully serving
Chesterfield County for 22 years.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Deputy Polly J. Encinas, expresses the
appreciation of all residents for her service to Chesterfield
County and extends appreciation for her dedicated service to
the county and congratulations upon her retirement, as well
as best wishes for a long and happy retirement.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.1.b.2. FIREFIGHTER DAVID P. LATHAM, FIRE AND EMERGENCY
MEDICAL SERVICES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Firefighter David P. Latham retired from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on July 1, 2016; and
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WHEREAS, Firefighter Latham served as a Volunteer
Emergency Medical Technician with the Bensley -Bermuda
Volunteer Rescue Squad from 1977-1987; and
WHEREAS, Firefighter Latham attended Recruit School #21
in July 1989, and has faithfully served the county for nearly
27 •years in various assignments, as a firefighter at the
Bensley, Matoaca, Dale, Bon Air, Buford, Chester, Airport,
Ettrick, and Beach Road Fire and EMS Stations; and
WHEREAS, Firefighter Latham was recognized with an
Emergency Medical Services Award for his advanced lifesaving
actions for a patient in cardiac arrest in December 1991; and
WHEREAS, Firefighter Latham was recognized with a
Lifesave Award for the successful rescue of a citizen trapped
in a structure fire in April 1997; and
WHEREAS, Firefighter Latham was recognized with an EMS
Unit Citation for providing exemplary service during a head-
on collision involving two vehicles on Beach Road in May
1999; and
WHEREAS, Firefighter Latham was recognized with an EMS
Unit Citation for the team efforts in caring for a patient in
cardiac arrest in March 2000; and
WHEREAS, Firefighter Latham was recognized with an EMS
Unit Citation for the teamwork efforts involved during the
violent collision of a vehicle and a motorcycle in June 2002;
and
WHEREAS, Firefighter Latham was recognized as one of the
first Chesterfield Fire and Emergency Medical Services
members to become certified by the Department of
Transportation for the Car Safety Seat Program in August
1997; and
WHEREAS, Firefighter Latham served as a fire and life
safety instructor for over 20 years providing educational
opportunities for the 2nd grade education program and other
fire and life safety programs.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter David P. Latham, 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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8.B.1.b.3. LIEUTENANT JOHN P. JONES, FIRE AND EMERGENCY
MEDICAL SERVICES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Lieutenant John P. "JP" Jones retired from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on June 1, 2016; and
WHEREAS, Lieutenant Jones attended Recruit School #14 in
1983, graduating as the top recruit in his class and has
faithfully served the county for 33 years in various
assignments as a firefighter at the Buford, Clover Hill, and
Wagstaff Fire and EMS Stations; and
WHEREAS, Lieutenant Jones was promoted to the rank of
sergeant in 1990, and received a title change to lieutenant
in 1992; serving as an officer at the Ettrick, Dutch Gap,
Chester, Bon Air, and Swift Creek Fire and EMS Stations; and
while serving in this capacity, Lieutenant Jones served as an
acting captain at the Dutch Gap and Swift Creek Fire and EMS
Stations; and
WHEREAS, Lieutenant Jones was an advanced life support
provider for 23 years, distinguishing himself as a certified
cardiac technician in 1993 and a National Registered
Paramedic in 1995; and
WHEREAS, Lieutenant Jones served as an assistant fire
marshal, and as a member of the Chesterfield Fire and
Emergency Medical Services and Division 1 Regional Dive,
Search and Technical Rescue Team; and
WHEREAS, Lieutenant Jones was recognized in 1984 for his
accomplishment as the Rookie Firefighter of the Year; and
WHEREAS, Lieutenant Jones was awarded Career Firefighter
of the Year in 1988; and
WHEREAS,
Lieutenant
Jones was recognized
in February
1999 with a
Lifesave
Award for his advanced
lifesaving
actions for a
patient in
cardiac arrest; and
WHEREAS, Lieutenant Jones was recognized with an EMS
Unit Citation and a EMS Lifesave Award for teamwork and
lifesaving measures involved while caring for a patient who
had life-threatening burns in March 2004.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Lieutenant John P. Jones, 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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8.B.1.b.4. MRS. DEBRA S. MONEYMAKER, POLICE DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Debra S. Moneymaker will retire from the
Chesterfield County Police Department on August 1, 2016,
after providing over 27 years of quality service to the
residents of Chesterfield County; and
WHEREAS, Mrs. Moneymaker has faithfully served the
county in the capacity of Senior Clerk Typist/Receptionist,
Data Entry Operator, Senior Office Assistant, Customer
Service Representative and Senior Customer Service
Representative; and
WHEREAS, Mrs. Moneymaker and her co-workers received a
Unit Citation Award in 2004 as a member of the Records
Department for the professionalism, dedication and diligence
displayed in achieving a 99.7 percent accuracy rate in
records management and providing superior customer service
while the department was operating well below authorized
staffing; and
WHEREAS, Mrs. Moneymaker had an instrumental role in the
relocation of the Record Room to another building, keeping a
positive attitude during the entire move and ensuring that
the quality of customer service was maintained at the highest
levels; and
WHEREAS, Mrs. Moneymaker was consistently praised during
her career for her diligence in treating each customer
courteously with respect and dignity and in going the extra
mile to ensure customers' needs were met; and
WHEREAS, Mrs. Moneymaker was a dependable employee, an
excellent team player and always displayed great
professionalism and knowledge of police and county policies
and procedures in her daily interactions with internal and
external customers; and
WHEREAS, Mrs. Moneymaker 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 Mrs. Moneymakers' diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. Debra S.
Moneymaker, and extends on behalf of its members and the
residents of Chesterfield County, appreciation for her
service to the county, congratulations upon her retirement,
and best wishes for a long and happy retirement.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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8.B.1.b.5. CORPORAL MICHAEL A. PARIS, POLICE DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Corporal Michael A. Paris will retire from the
Chesterfield County Police Department on August 1, 2016,
after providing nearly 26 years of outstanding quality
service to the residents of Chesterfield County; and
WHEREAS, Corporal Paris has faithfully served the county
in the capacity of Patrol Officer, Detective, Detective First
Class, Senior Detective, Master Officer, Master Detective,
Career Detective, and Corporal; and
WHEREAS, during his tenure, Corporal Paris also served
as a General Instructor, as a member of Metropolitan Fraud
Association, the Richmond Metropolitan Task Force, and was
assigned to the FBI Joint Terrorism Task Force; and
WHEREAS, Corporal Paris, while serving as a member of
the Multi -Jurisdictional Special Operations Group, was the
recipient of a Unit Citation, after the group's tenacity and
dedication during an investigation resulted in the seizure of
over 17,000 fake designer goods, seven vehicles, $21,000 in
cash, and the arrest and subsequent charge of 12 people with
multiple felonies and misdemeanors; and
WHEREAS, Corporal Paris, along with his fellow Economic
Crime Unit detectives, was awarded a Unit Citation for their
tireless efforts investigating internet fraud, intellectual
property theft, interstate check fraud rings and crimes
against senior citizens, which led to the arrest of numerous
suspects responsible for over $500,000 in losses; and
WHEREAS, Corporal Paris was the recipient of a Chief's
Commendation recognizing his investigative and interrogation
skills in the resolution of a series of residential
burglaries; due to his efforts, suspects were arrested and
confessed, and approximately $20,000 in stolen property was
recovered and returned to their owners; and
WHEREAS, Corporal Paris was awarded an Achievement Award
for his actions during an extensive, joint FBI investigation,
into a Counterfeit Products/ Money Laundering Operation, and
the investigation yielded hundreds of thousands of dollars in
counterfeit products, fake identifications and illegal
documents and that resulted in nine suspects being arrested
on 21 felony charges; and
WHEREAS, Corporal Paris 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 assisting
residents of Chesterfield County; and
WHEREAS, Corporal Paris has received numerous letters of
commendation, thanks and appreciation for services rendered;
and
WHEREAS, Corporal Paris has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Corporal Paris's diligent service.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Corporal Michael A.
Paris, 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.1.b.6. CORPORAL KEITH A. VINCENT, POLICE DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Corporal Keith A. Vincent will retire from the
Chesterfield County Police Department on August 1, 2016,
after providing nearly 26 years of outstanding quality
service to the residents of Chesterfield County; and
WHEREAS, Corporal Vincent has faithfully served the
county in the capacity of Patrol Officer, Senior Police
Officer, Master Police Officer, Master Detective, Career
Detective, and Corporal; and
WHEREAS, during his tenure, Corporal Vincent also served
as a Field Training Officer, General Instructor, Evidence
Technician, Computer Forensic Specialist, and served as a
federally sworn officer of the Internet Crimes Against
Children Task Force; and
WHEREAS, Corporal Vincent was fluent in Spanish and was
repeatedly called upon as a shift interpreter; and
WHEREAS, Corporal Vincent was an expert in computer data
recovery and electronic evidence security and was the sole
person in the agency capable of forensically recovering data
from computers and other electronic storage devices; and
WHEREAS, Corporal Vincent was recognized with a Chief's
Commendation Award for saving the life of a four-year-old
drowning victim, when he, along with another officer,
performed CPR until the child began breathing and rescue
personnel arrived, thereby preventing a tragic accident from
becoming fatal; and
WHEREAS, Corporal Vincent received an Achievement Award
for his actions while serving on a committee that was formed
to develop the first Spanish language training class for the
basic police academy, using an interactive and team approach
to training with the goal of bridging the language gap
between the police and the Hispanic community; and
WHEREAS, while serving as a member of the Crimes Against
Persons Unit, Corporal Vincent was a recipient of a Unit
Citation, after the unit handled over 1,100 cases involving
more than 1,400 victims, and due to their teamwork and
diligence, the unit achieved an extremely high clearance
rate, including a 100 percent homicide rate, and the arrest
of over 250 suspects; and
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WHEREAS, Corporal Vincent 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 assisting
residents of Chesterfield County; and
WHEREAS, during his tenure, Corporal Vincent has
received numerous letters of commendation, thanks and
appreciation for services rendered; and
WHEREAS, Corporal Vincent has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Corporal Vincent's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Corporal Keith A.
Vincent, 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.l.c. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
On motion of Ms. Jaeckle, seconded by Mr. Holland, 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 twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Chad Brian Galusha,
Troop 819, sponsored by Saint John's Episcopal Church, and
Mr. Thomas Hayden Gann, Troop 2890, sponsored by Brandermill
Church, have accomplished those high standards of commitment
and have reached the long -sought goal of Eagle Scout, which
is received by only four percent of those individuals
entering the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for a role as a leader in
society, Chad and Thomas have distinguished themselves as
members of a new generation of prepared young citizens of
whom we can all be very proud.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Chad Brian Galusha
and Mr. Thomas Hayden Gann, extends congratulations on their
attainment of Eagle Scout, and acknowledges the good fortune
of the county to have such outstanding young men as its
citizens.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.l.d. RENAMING THE CLOVER HILL POLICE SUPPORT FACILITY
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Captain Jason Zaccarine joined the Chesterfield
County Police Department in 1994, graduating from the police
academy in 1995; and
WHEREAS, Captain Zaccarine rose through the ranks of the
Chesterfield County Police Department, working as a patrol
officer, detective, sergeant, lieutenant and captain; and
WHEREAS, Captain Zaccarine became the Commander of the
Community Services Division in November 2012, focusing on
community outreach to the residents of Chesterfield County;
and
WHEREAS, Captain Zaccarine was diagnosed with cancer in
August of 2014, and, after a six-month battle, passed away on
February 5, 2015, at the age of 43; and
WHEREAS, Captain Zaccarine served honorably for 20
years, providing all the residents of Chesterfield County
with public service marked by integrity and commitment.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes and honors the efforts
of Captain Jason Zaccarine to improve the quality of life of
Chesterfield County community members and hereby renames the
Clover Hill Police Support Facility, located at 2730 Hicks
Road, as the Chesterfield County Police Department Community
Services Building, in his honor.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.2. REQUEST OF FRIENDS OF THE LIBRARY FOR APPROVAL TO
SERVE ALCOHOLIC BEVERAGES AT MEADOWDALE LIBRARY FOR A
FUND RAISING EVENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the request of the Friends of the Library to serve
alcoholic beverages at a fund raising event at Meadowville
Library on Saturday, August 6, 2016, subject to the
conditions filed with the papers of this Board.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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8.B.3. AWARD OF CONSTRUCTION CONTRACT FOR RENOVATIONS TO THE
STOREFRONT IN THE ONE-STORY POLICE BUILDING
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the Director of Purchasing to award a construction
contract to Davis Brothers Construction Company, Inc. in the
amount of $134,847 to renovate the storefront in the one-
story Police Department Building.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.4. ACCEPTANCE OF STATE ROADS
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Hallsley Section 7
Tvne Chancre to the Secondary Svste miles miles of State
Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Saville Chase Place, State Route Number 7886
From: Saville Chase Lane, (Route 7885)
To: Cul -de -Sac, a distance of: 0.02 miles.
Recordation Reference: Plat Book 226, Page 77
Right of Way width (feet) = 40
• Saville Chase Turn, State Route Number 7887
From: Saville Chase Lane, (Route 7885)
To: 0.07 miles to the intersection with Saville Chase Lane,
(Rt 7885), a distance of: 0.07
miles.
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Recordation Reference: Plat Book 226, Page 77
Right of Way width (feet) = 95
• Saville Chase Lane, State Route Number 7885
From: 0.01 miles SE of Montcroft Way, (Route 7883)
To: Saville Chase Place, (Route 7886), a distance of:
miles.
Recordation Reference: Plat Book 226, Page 77
Right of Way width (feet) = 40
• Saville Chase Lane, State Route Number 7885
From: Saville Chase Turn, (Route 7887)
To: Cul -de -Sac, a distance of: 0.07 miles.
Recordation Reference: Plat Book 226, Page 77
Right of Way width (feet) = 40
• Saville Chase Lane, State Route Number 7885
From: Saville Chase Place, (Route 7886)
To: Saville Chase Turn, (Route 7887), a distance of:
miles.
Recordation Reference: Plat Book 226, Page 77
Right of Way width (feet) = 40
0.07
0.03
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Proiect/Subdivision: Hallsl
e
e
S
Section 10
stem miles of State Hi
Aaaition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Massey Hope Street, State Route Number 7889
From: Webster Crescent Lane, (Route 7888)
To: End of Maintenance, a distance of: 0.10 miles.
Recordation Reference: Plat Book 227, Page 61
Right of Way width (feet) = 44
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• Binley Road, State Route Number 7890
From: Webster Crescent Lane, (Route 7888)
To: Cul -de -Sac, a distance of: 0.08 miles.
Recordation Reference: Plat Book 227, Page 61
Right of Way width (feet) = 40
• Shefford Drive, State Route Number 7798
From: Webster Crescent Lane, (Route 7888)
To: End of Maintenance, a distance of: 0.05 miles.
Recordation Reference: Plat Book 227, Page 61
Right of Way width (feet) = 44
• Webster Crescent Lane, State Route Number 7888
From: Lambourne Road, (Route 7799)
To: Binley Road, (Route 7890), a distance of: 0.06 miles.
Recordation Reference: Plat Book 227, Page 61
Right of Way width (feet) = 50
• Lambourne Road, State Route Number 7799
From: Webster Crescent Lane, (Route 7888)
To: End of Maintenance, a distance of: 0.09 miles.
Recordation Reference: Plat Book 227, Page 61
Right of Way width (feet) = 44
• Webster Crescent Lane, State Route Number 7888
From: Brightwalton Road, (Route 7446)
To: Massey Hope Street, (Route 7889), a distance of: 0.05
miles.
Recordation Reference: Plat Book 227, Page 61
Right of Way width (feet) = 50
• Webster Crescent Lane, State Route Number 7888
From: Massey Hope Street, (Route 7889)
To: Lambourne Road, (Route 7799), a distance of: 0.08
miles.
Recordation Reference: Plat Book 227, Page 61
Right of Way width (feet) = 50
• Binley Road, State Route Number 7890
From: Webster Crescent Lane, (Route 7888)
To: End of Maintenance, a distance of: 0.03 miles.
Recordation Reference: Plat Book 227, Page 61
Right of Way width (feet) = 44
• Lambourne Road, State Route Number 7799
From: Webster Crescent Lane, (Rt 7888)
To: Cul -de -Sac, a distance of: 0.05 miles.
Recordation Reference: Plat Book 227, Page 61
Right of Way width (feet) = 40
• Webster Crescent Lane, State Route Number 7888
From: Binley Road, (Route 7890)
To: End of Maintenance, a distance of: 0.01 miles.
Recordation Reference: Plat Book 227, Page 61
Right of Way width (feet) = 44 .
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And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: The Pointe at Magnolia Lakes Section 1,
a portion of
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Blossom Point Road, State Route Number 7891
From: Ironbridge Road, (Route 10)
To: 0.06 miles north of Iron Bridge Road, (Route 10), a
distance of: 0.06 miles.
Recordation Reference: Deed Book 7655, Page 337
Right of Way width (feet) = 55
• Blossom Point Road, State Route Number 7891
From: Magnolia Shore Lane, (Route 7892)
To: Cul -de -Sac, a distance of: 0.14 miles.
Recordation Reference: Deed Book 7973, Page 928
Right of Way width (feet) = 47
• Magnolia Shore Lane, State Route Number 7892
From: Ironbridge Road, (Route 10)
To: 0.04 miles north of Ironbridge Road, (Route 10), a
distance of: 0.04 miles.
Recordation Reference: Deed Book 7973, Page 928
Right of Way width (feet) = 55
• Magnolia Shore Lane, State Route Number 7892
From: 0.04 miles north of Ironbridge Road, (Route 10)
To: Blossom Point Road, (Route 7891), a distance of: 0.19
miles.
Recordation Reference: Deed Book 7973, Page 928
Right of Way width (feet) = 47
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• Blossom Point Road, State Route Number 7891
From: 0.06 miles north of Iron Bridge Road, (Route 10)
To: Magnolia Shore Lane, (Route 7892), a distance of: 0.05
miles.
Recordation Reference: Deed Book 7973, Page 928
Right of Way width (feet) = 47
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements ' of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Hallsley Section 5
Type Change to the Secondary System miles of State Highways:
Aaaition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Montcroft Way, State Route Number 7883
From: Brightwalton Road, (Route 7446)
To: Saville Chase Lane, (Route 7885), a distance of: 0.05
miles.
Recordation Reference: Plat Book 225, Page 1
Right of Way width (feet) = 44
• Brightwalton Road, State Route Number 7446
From: 0.09 miles northwest of Brightwalton Court, (Route
7790)
To: Montcroft Way, (Route 7883), a distance of: 0.08 miles.
Recordation Reference: Deed Book 10294, Page 710
Right of Way width (feet) = 90
• Brightwalton Road, State Route Number 7446
From: Montcroft Way, (Route 7883)
To: 0.01 miles northwest of Montcroft Way, (Route 7883), a
distance of: 0.01 miles.
Recordation Reference: Deed Book 10294, Page 710
Right of Way width (feet) = 90
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• Brightwalton Road, State Route Number 7446
From: 0.01 miles northwest of Brightwalton Court, (Route
7790)
To: 0.09 miles northwest of Brightwalton Court, (Route
7790), a distance of: 0.08 miles.
Recordation Reference: Deed Book 10294, Page 710
Right of Way width (feet) = 90
• Montcroft Way, State Route Number 7883
From: Saville Chase Lane, (Route 7885)
To: 0.08 miles northeast of Saville Chase Lane, (Route
7885), a distance of: 0.08 miles.
Recordation Reference: Plat Book 225, Page 1
Right of Way width (feet) = 40
• Montcroft Way, State Route Number 7883
From: 0.08 miles northeast of Saville Chase Lane, (Route
7885)
To: Intersection with Montcroft Way, (Route 7883), a
distance of: 0.34 miles.
Recordation Reference: Plat Book 225, Page 1
Right of Way width (feet) = 40
• Saville Chase Lane, State Route Number 7885
From: Montcroft Way, (Route 7883)
To: 0.01 miles southeast of Montcroft Way, (Route 7883), a
distance of: 0.01 miles.
Recordation Reference: Plat Book 225, Page 1
Right of Way width (feet) = 40
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.5. SET DATES FOR PUBLIC HEARINGS
8.B.5.a. TO CONSIDER REVISIONS TO CHAPTER 9 OF THE COUNTY
CODE RELATING TO TANGIBLE PERSONAL PROPERTY TAXES
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set the date of August 24, 2016, for a public hearing to
consider amending the County Code to eliminate the late
filing penalty for motor vehicles; exempt non -business, non -
motorized boats under 18 feet from taxation; revise the
language in Section 9-52f to eliminate the phrase "at the
option of the taxpayer"; and raise the minimum personal
property tax bill to $10.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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8.B.5.b. TO CONSIDER A REVISION TO CHAPTER 6 OF THE COUNTY
CODE RELATING TO BUSINESS LICENSES
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set the date of August 24, 2016, for a public hearing to
consider amending the County Code to raise the $10 gross
receipts threshold for business license tax from $200,000 to
$300,000 for tax year 2017, index the threshold gross receipt
amount on an annual basis to the core consumer price index
(CPI), and to replace the graduated late filing penalty
structure with a flat ten percent penalty.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.5.c. TO CONSIDER A REVISION TO CHAPTER 13 OF THE COUNTY
CODE RELATING TO THE REGISTRATION OF ANTIQUE
VEHICLES
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set the date of August 24, 2016, for a public hearing to
consider amending the County Code to eliminate Section 13-56
regarding the one-time registration fee for antique vehicles.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.5.d. TO CONSIDER THE APPROPRIATION OF FUNDS FOR THE
ROUTE 10 (BERMUDA TRIANGLE ROAD TO MEADOWVILLE
ROAD) SUPERSTREET PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set the date of August 24, 2016 for a public hearing to
consider the appropriation of $38,316,354 in anticipated VDOT
reimbursements for the Route 10 (Bermuda Triangle Road to
Meadowville Road) Superstreet Project.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.5.e. TO CONSIDER AMENDMENTS TO THE TAXICAB ORDINANCE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set the date of August 24, 2016, for a public hearing to
consider amendments to the taxicab ordinance.
Ayes: Elswick,
Nays: None.
Absent: Haley.
Jaeckle, Winslow and Holland.
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8.B.5.f. TO CONSIDER AMENDMENTS TO CHAPTER 18 OF THE COUNTY
CODE RELATING TO REQUIREMENTS AND EXCEPTIONS TO
UTILITY SYSTEM CONNECTIONS FOR DWELLING UNITS AND
MANUFACTURED HOMES; AND TERMINATION OF SERVICE FOR
NONPAYMENT OF UTILITY CHARGES
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set the date of August 24, 2016, for a public hearing to
consider code amendments relating to requirements and
exceptions to utility system connections for dwelling units
and manufactured homes; and termination of service for
nonpayment of utility charges.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.6. APPROVAL OF FY2017/FY2018 CHESTERFIELD COMMUNITY
SERVICES BOARD PERFORMANCE CONTRACT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the FY2017/FY2018 performance contract between the
Chesterfield Community Services Board and the Virginia
Department of Behavioral Health and Developmental Services.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.7. APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED
WITH THE ROUTE 288/COMMONWEALTH CENTER PARKWAY AND
BAILEY BRIDGE CONNECTOR INTERCHANGE MODIFICATION
REPORT AND 1-95/ROUTE 10 INTERCHANGE IMPROVEMENTS
TT/TT.1 /STA
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the following actions for the Route 288/Commonwealth
Center Parkway and Bailey Bridge Connector Interchange
Modification Report (UPC # 109191): appropriated $500,000 in
anticipated VDOT reimbursements; and authorized the County
Administrator to enter into the customary VDOT/County
agreements/contracts and proceed with the study.
And, further, the Board approved the following actions: for
the I-95/Route 10 Interchange Improvement (UPC# 109322;
JL11820 Cl): appropriated $9,500,000 in anticipated VDOT
reimbursements; authorized the County Administrator to enter
into the customary VDOT/County agreements/contracts,
permits/mitigation agreements and surety agreements,
acceptable to the County Attorney; authorized the County
Administrator to proceed with the design and right-of-way
acquisition, including advertisement of an eminent domain
public hearing if necessary and to accept the conveyance of
right-of-way and easements that are acquired; authorized the
Chairman of the Board of Supervisors and County Administrator
to execute easement agreements for relocation of utilities;
and authorized the Director of Purchasing to proceed with the
advertisement of a construction contract for the project.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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8.B.8. AUTHORIZATION TO TRANSFER FUNDS, APPROPRIATE FUNDS
AND AWARD A CONSTRUCTION CONTRACT AND CHANGE ORDERS
FOR THE OLD CENTRALIA ROAD (CASTLEBURY DRIVE TO GLEN
OAKS COURT) SIDEWALK PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the following actions for the Old Centralia Road
(Castlebury Drive to Glen Oaks Court) Sidewalk Project:
authorized the County Administrator to request the Virginia
Department of Transportation (VDOT) to transfer $105,861 in
VDOT Revenue Sharing funds from the completed Route 1 at
Willis Road Project; transferred $105,861 from the completed
Robious Road (James River Road to Riverdowns Drive) Widening
Bond Project as matching local funds; authorized the Director
of Purchasing to award a construction contract, up to
$455,000, to the lowest responsive and responsible bidder;
and authorized the Director of Purchasing to execute all
necessary change orders for the work, up to the full amount
budgeted for the project.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.9. TRANSFER AND APPROPRIATION OF FUNDS TO EIGHT ROAD
PROJECTS
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the transfer of $1,203,475 in county appropriations
and $732,743 in anticipated VDOT reimbursements; the
appropriation of $500,184 in anticipated VDOT reimbursements,
$90,000 in developer contributions, and $760,000 in cash
proffers to active projects summarized in the papers of this
Board.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.10. APPROPRIATION AND TRANSFER OF FUNDS AND
AUTHORIZATION TO PROCEED WITH THE BAILEY BRIDGE ROAD
(BATTLECREEK DRIVE TO MANCHESTER HIGH SCHOOL) AND
SPRING RUN ROAD (BROCKET DRIVE TO SPRING RUN
ELEMENTARY SCHOOL) SIDEWALK PROJECTS
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
took the following actions for the Bailey Bridge Road
(Battlecreek Drive to Manchester High School) and Spring Run
Road (Brocket Drive to Spring Run Elementary School) Sidewalk
Projects: appropriated $720,000 in anticipated VDOT
reimbursements to the Bailey Bridge Road (Battlecreek Drive
to Manchester High School) Sidewalk project and $100,800 to
the Spring Run Road (Brocket Drive to Spring Run Elementary
School) Sidewalk project; transferred from the General Road
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Improvement Account, $180,000 to the Bailey Bridge Road
(Battlecreek Drive to Manchester High School) Sidewalk
project and $25,200 to the Spring Run Road (Brocket Drive to
Spring Run Elementary School) Sidewalk project for the local
match; authorized the County Administrator to enter into the
customary VDOT/County agreements/contracts, permits
/mitigation agreements and surety agreements, acceptable to
the County Attorney; authorized the County Administrator to
proceed with the design and right-of-way acquisition,
including advertisement of an eminent domain public hearing
if necessary and to accept the conveyance of right-of-way and
easements that are acquired; authorized the Chairman of the
Board of Supervisors and County Administrator to execute
easement agreements for relocation of utilities; authorized
the Director of Purchasing to proceed with the advertisement
of a construction contract for the project; authorized the
Director of Purchasing to award a construction contract for
the Bailey Bridge Road (Battlecreek Drive to Manchester High
School) Sidewalk project, up to $595,000, to the lowest
responsive and responsible bidder; authorized the Director of
Purchasing to award a construction contract for the Spring
Run Road (Brocket Drive to Spring Run Elementary School)
Sidewalk project, up to $84,500, to the lowest responsive and
responsible bidder; and authorized the Director of Purchasing
to execute all necessary change orders for the work, for both
projects, up to the full amount budgeted for the projects.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.11. INITIATE AN APPLICATION FOR CONDITIONAL USE PLANNED
DEVELOPMENT TO PERMIT ACCESSORY BUILDING SETBACK
EXCEPTION (CARPORT) AND TO PERMIT THE GROSS SQUARE
FOOTAGE FOR ALL ACCESSORY BUILDINGS TO EXCEED THE
GROSS SQUARE FOOTAGE OF THE PRIMARY DWELLING
LOCATED ON BERMUDA AVENUE AND HANOVER STREET IN A
RESIDENTIAL (R-7) DISTRICT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
initiated an application for Conditional Use Planned
Development to permit setback exception for a proposed
accessory building (carport) and to permit the gross square
footage of all accessory buildings to exceed the gross square
footage of the primary dwelling on two lots, considered as
one zoning lot of 0.7 acres, identified as Tax ID 828-641-
9514 and 9527, appointed Kirkland Turner, Director of
Planning, as the agent for the Board and waived disclosure
requirements.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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8.B.12. AMENDMENTS TO BOARD OF SUPERVISORS MINUTES
8.B.12.a. NOVEMBER 19, 2014 - CASE 15SNO603
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved an amendment to the Board Minutes of November 19,
2014 (pages 14-753 thru 14-754) to add a staff note to
Proffered Condition 4.c. of Case 15SN0603, as follows:
(See 2014 minutes pages 14-753 thru 14-754 for public hearing
information)
1. The flagpole/tower shall be located as generally
depicted on the plans and elevations prepared by
Dewberry Engineers Inc., titled Verizon Wireless:
Chesdin Landing, 21801 Lake Chesdin Parkway and
identified as Attachments 2 and 3 in the "Request
Analysis and Recommendation". (P)
2. There shall be no signs permitted to identify this use.
(P)
3. The base of the tower shall be enclosed by a minimum six
(6) foot high fence designed to preclude trespassing.
The fence shall be placed so as to provide sufficient
room between the fence and the lease boundary line to
accommodate evergreen plantings having an initial height
and spacing to provide screening of the base of the
tower and accessory ground -mounted equipment or
structures from adjacent properties. A detailed plan
depicting this requirement shall be submitted to the
Planning Department for approval in conjunction with
final site plan review. (P)
4. The color, design and lighting system for the tower
shall be as follows:
a. The tower shall be gray or another neutral color,
acceptable to the Planning Department.
b. The tower shall not be lighted.
C. The tower shall be designed and erected as a
stealth monopole with internally mounted antennas.
(P)
(NOTE: The tower will be designed and constructed
as a "slick tick" monopole, as depicted in the
elevation drawing attached with the staff report.)
5. Any building or mechanical equipment shall comply with
the Zoning Ordinance relative to architectural treatment
of building exteriors and screening of mechanical
equipment in O, C and I Districts. (P)
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(NOTE: The Zoning Ordinance requires the screening of
mechanical equipment located on the building or ground
from adjacent properties and public rights of way.
Screening would not be required for the tower.)
6. Prior to use of this telecommunications tower, the owner
of the tower shall obtain approval of the structural
integrity by a registered professional engineer licensed
in Virginia and a copy of the report filed with the
Planning Department. (P)
7. The tower shall not exceed a height of 122 feet. (P)
8. At such time that the tower ceases to be used for
communications purposes for a period exceeding twelve
(12) consecutive months, the owner/developer shall
dismantle and remove the tower and all associated
equipment from the property. (P)
9. A thirty (30') foot tree preservation area shall be
provided on the Property (the "Tree Buffer"), as
identified on Attachment 2. Such area shall comply with
the requirements of the Zoning Ordinance for buffers
less than fifty (50) feet. (P)
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.12.b. AUGUST 26, 2015 - CASE 15SN0660
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved an amendment to the Board Minutes of August 26, 2015
(pages 15-990 thru 15-992) to correct proffered conditions
for Case 15SN0660.
(See 2015 minutes pages 15-990 thru 15-992 for public hearing
information)
1. A maximum of sixty-five (65) lots shall be permitted.
(P)
2. All dwellings shall have a minimum gross floor area of
2,000 square feet. (P)
3. Architectural/Design Elements.
A. Driveways
1. Driveways: All private driveways serving
residential uses shall be hardscape with
stained brushed concrete, aggregate, stamped
concrete or pavers.
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B. Landscaping and Yards
1. Supplemental Trees: Three (3) yard tresses
shall be planted or retained in the front yard
of each dwelling with a minimum diameter of 2.5
inches measured at breast height (4110" above
the ground) .
2. Front Yards and Side Yards: Except for the
foundation planting bed, all front and side
yards shall be sodded and irrigated.
3. Front Foundation Planting Beds: Foundation
planting is required along the entire front
fagade of all dwelling units, and shall extend
along all sides facing a street. Foundation
planting beds shall be a minimum of 4' wide
from the unit foundation. Planting beds shall
include medium shrubs spaced a maximum of four
(4) feet apart. Unit corners shall be visually
softened with vertical accent shrubs (4'-51) or
small evergreen trees (6'-81) at the time of
planting.
C. Architecture and Materials
1. Style and Form: The architectural styles shall
be interpretations of traditional Richmond
architecture, using forms and elements
compatible with those in Hallsley such as
Georgian, Classical Revival Colonial, Greek
Revival, Queen Anne, Tudor, and Craftsman
Styles.
2. Repetition: Dwellings with the same elevations
may not be located adjacent to, directly across
from, or diagonally across from each other on
the same street. This requirement does not
apply to units on different streets backing up
to each other.
3. Foundations: The exposed portion of any
foundation shall be brick, stone or stucco.
Step down siding will not be permitted.
4. Exterior Facades: Acceptable siding materials
include brick, stone, masonry, stucco synthetic
stucco (E.I.F.S), and approved horizontal lap
siding or architectural shingles. Horizontal
lap siding may be manufactured from cement
fiber board. Vinyl material is not permitted
except in soffit and eave locations.
Additional siding requirements:
a. Where a dwelling borders more than one
street, all street -facing facades shall be
finished in the same materials.
b. Cementitious is permitted in traditional
wide reveal styles only, unless otherwise
approved by the Architectural Board for
special design conditions.
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D. Roof Material: Roofing material shall be dimensional
architectural shingles or better with a minimum 30
year warranty.
E. Porches, Stoops and Decks
1. Front Porches: All front entry stoops and front
porches shall be constructed with continuous
masonry foundation wall or on 12"x12" masonry
piers. Extended front porches shall be a minimum
of six (6)' deep. Space between piers under
porches shall be enclosed with framed lattice
panels. Handrails and railings shall be finished
painted wood or metal railing with vertical
pickets or swan balusters. Pickets shall be
supported on top and bottom rails that span
between columns.
2. Rear Porches/Screen Porches: All rear porches if
screen and/or covered shall be constructed with
masonry piers to match either the foundation or
fagade material of the house. Rear porches that
are not enclosed must be stained or painted and
can be constructed with typical wood piers.
F. Front Porch Flooring: Porch flooring may be
concrete, exposed aggregate concrete, or a finished
paving material such as stone, tile or brick,
finished (stained dark) wood, or properly trimmed
composite decking boards. Unfinished treated wood
decking is not acceptable. All front steps shall be
masonry or stained/painted wood.
G. Approval Prior to Building Permit Issuance: All
items in Proffered Conditions 2 and 3 shall be
approved prior to the issuance of a building permit
for each permit. (BI and P)
4. All required buffers shall be located within recorded
open space. (P)
5. 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:
A. $18,966.00 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 fort the cumulative change in the
Marshall and Swift Building Cost Index during that
time period. The $18,966 will be allocated pro -
rata among the facility costs as follows:
$9,648.00 for schools, $911.00 for parks and
recreation, $215.00 for library facilities,
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$7,609.00 for roads, and $583.00 for fire station.
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.
6. In conjunction with recordation of the initial
subdivision plat, a ninety (90) foot wide right-of-way
for an east/west major arterial ("Baybon Road") from
the eastern property line to the western property line
shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County. The exact location
and alignment of this right-of-way shall be approved by
the Transportation Department. (T)
7. Prior to any tentative subdivision approval, an access
plan for Baybon Road shall be submitted to and approved
by the Transportation Department. Access for the
property shall conform to the approved access plan. (T)
8. The developer shall be responsible for the following
road improvements:
A. Construction of two (2) lanes of Baybon Road to
VDOT Urban Minor Arterial standards (50 MPH) with
modifications approved by the Transportation
Department, from Bright Walton Road to the western
property line.
B. Construction of left and right turn lanes along
Bright Walton Road at the Baybon Road
intersection, and along Baybon Road at each
approved access based on Transportation Department
standards.
C. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements
identified in this Proffered Condition. (T)
9. Limitations on Timing of Construction Activity
A. Permitted Hours For Construction:
1. Construction activity shall be limited to
between the hours of 7:00 a.m. and 7:00 p.m.
Monday through Friday; 7:00 a.m. to 6:00 p.m.
on Saturday; and 8:00 a.m. to 5:00 p.m. on
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Sunday. For the purpose of his condition,
construction activity shall be considered land
clearing; grading; installation of
infrastructure (such as roads, utilities and
storm drainage); and construction of a
dwelling on a vacant lot.
2. This condition is not intended to restrict the
hours of home construction (such as with
additions or alterations0 once a dwelling is
occupied as a residence.
3. Prior to commencing initial construction
activity, these restrictions shall be posted
in English and Spanish on 2' X 2' signs that
are clearly legible from the public rights of
way at the entrance into the development. Such
signs shall be maintained by the developer and
shall remain until all construction activity
is complete.
B. Written Notification Prior To Commencing
Construction:
Prior to initial construction activity, the
Developer shall notify all adjacent property
owners in writing of the anticipated date
construction activity will commence.
C. Evidence of Performance:
Prior to the issuance of a land disturbance
permit, the Developer shall provide written
confirmation to the Environmental Engineering
Department that the sign postings and written
notifications have occurred as required by this
condition. (P & EE)
10. Prior to any subdivision construction plan approval, a
phasing plan for the required road improvements, as
identified in Proffered Condition 9, shall be submitted
to the approved by the Transportation Department. (T)
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.13. APPROVAL OF CHANGE ORDER TO MOSELEY ARCHITECTS FOR
ADDITIONAL SERVICES FOR THE SMITH-WAGNER BUILDING
RENOVATION AND ADDITION PROJECT
on motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the Director of Purchasing to execute the
referenced change orders to Moseley Architects in the amount
of $125,900 for providing additional services for the Smith -
Wagner Building Renovation and Addition Project; and
authorized the Director of Purchasing to execute future
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change orders for this project so long as the County
Administrator is informed, budgeted funds will not be
exceeded and the Board receives follow up information
outlining the change order(s) within 30 days.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.14. REQUEST OF BOBBY WILCOX AND THE VIRGINIA MUSEUM OF
RADIO AND CONCERT ENTERTAINMENT FOR AN ENTERTAINMENT
FESTIVAL PERMIT TO CONDUCT THE CENTRAL VIRGINIA FOOD
TRUCK RODEO AT CHESTERFIELD TOWNE CENTER
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the request of Bobby Wilcox and The Virginia Museum
of Radio and Concert Entertainment for an entertainment
festival permit to conduct the Central Virginia Food Truck
Rodeo at Chesterfield Towne Center on Sunday, August 28,
2016, subject to the conditions filed with the papers of this
Board.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.15. AWARD OF CONSTRUCTION CONTRACT FOR THE CLOVER HILL
WATER TANK REHABILITATION PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
awarded a construction contract to Nostas SS Contractors, in
the amount of $1,425,930, for the Clover Hill Water Tank
Rehabilitation Project, and authorized the Director of
Purchasing to execute the necessary documents.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.16. REQUESTS FOR PERMISSION
8.B.16.a. FROM BSF RICHMOND, L.P. FOR A PRIVATE ASPHALT ROAD
TO ENCROACH WITHIN A COUNTY RIGHT OF WAY TO ACCESS
SPRING ROCK GREEN SHOPPING CENTER
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted BSF Richmond, L.P. permission for a private asphalt
road to encroach within a county right of way to access
Spring Rock Green Shopping Center at 7100 Midlothian
Turnpike, 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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8.B.16.b. FROM CHIPPENHAM AND JOHNSTON WILLIS HOSPITALS,
INCORPORATED FOR A HELIPAD, WALKWAY, CONCRETE
FOOTINGS FOR COLUMNS, STAIRS AND BRIDGE TO
ENCROACH WITHIN VARIOUS EASEMENTS ACROSS PROPERTY
ON JOHNSTON WILLIS DRIVE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Chippenham and Johnston Willis Hospitals, Inc.
permission for a helipad, walkway, concrete footings for
columns, stairs and bridge to encroach within a 16 -foot
drainage easement, a variable width drainage easement and a
16 -foot water easement across property at 1401 Johnston
Willis Drive, 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.16.c. FROM DAN BUTLER PROPERTIES, INCORPORATED FOR A
PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT
EASEMENT FOR SWIFT CREEK RESERVOIR
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Dan Butler Properties, Inc. 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.16.d. FROM CHRISTOPHER LEE DANNER AND PAULA ANN DANNER
FOR A PROPOSED PRIVACY FENCE TO ENCROACH WITHIN A
SIXTEEN -FOOT EASEMENT AND A SIXTEEN -FOOT DRAINAGE
EASEMENT ACROSS LOT 37, QUALLA FARMS, SECTION F
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Christopher Lee Danner and Paula Ann Danner
permission for a proposed privacy fence to encroach within a
16 -foot easement and a 16 -foot drainage easement across Lot
37, Qualla Farms, Section F, 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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8.B.16.e. FROM JOSEPH DIMEO AND KATHLEEN DIMEO FOR A
PROPOSED PRIVACY FENCE TO ENCROACH WITHIN AN
EIGHT -FOOT EASEMENT AND A SIXTEEN -FOOT DRAINAGE
EASEMENT ACROSS LOT 5, WALKERS CHASE, SECTION 3 AT
FOXCREEK
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Joseph Dimeo and Kathleen Dimeo permission for a
proposed privacy fence to encroach within an 8 -foot easement
and a 16 -foot drainage easement across Lot 5, Walkers Chase,
Section 3 at Foxcreek, 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.16.f. FROM DIRECTED MOTION, LLC TO INSTALL A PRIVATE
WATER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON REYMET ROAD
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Directed Motion, LLC permission to install a private
water service within a private easement to serve property at
2101 Reyment 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.16.g. FROM DONNA MASON FOR A PROPOSED BOAT DOCK TO
ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT
CREEK RESERVOIR
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Donna Mason 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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8.B.16.h. FROM HELEN R. MCKAY FOR A PROPOSED BOAT DOCK TO
ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT
CREEK RESERVOIR
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Helen R. McKay 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.16.i.
FROM MFB CHESTERFIELD, LLC FOR EXISTING AND
PROPOSED CURB AND GUTTER AND SIDEWALK TO ENCROACH
WITHIN VARIOUS EASEMENTS ACROSS PROPERTY ON
JEFFERSON DAVIS HIGHWAY
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted MFB Chesterfield, LLC permission for existing and
proposed curb and gutter and sidewalk to encroach within a
proposed 16 -foot sewer easement, a proposed variable width
water easement and a proposed variable width drainage
easement (private) across property at 5802 Jefferson Davis
Highway, 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.16.j.
FROM MARTIN L. RICKETTS AND BELINDA C. RICKETTS
FOR AN EXISTING AND PROPOSED BOAT DOCK TO ENCROACH
IN THE IMPOUNDMENT EASEMENT FOR SWIFT CREEK
1ZPVQ7PUnTR
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Martin L. Ricketts and Belinda C. Ricketts permission
for an existing and proposed boat dock to encroach in the
impoundment easement for Swift Creek Reservoir, subject to
the execution of a license agreement. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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8.B.16.k. FROM TODD A. SULLIVAN AND CATHERINE SULLIVAN FOR A
PROPOSED BOAT DOCK, STAIRS, BULKHEAD AND RIP -RAP
TO ENCROACH IN THE IMPOUNDMENT EASEMENT FOR SWIFT
CREEK RESERVOIR
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
granted Todd A. Sullivan and Catherine Sullivan permission
for a proposed boat dock, stairs, bulkhead and rip -rap 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.17. ACCEPTANCE OF PARCELS OF LAND FOR CORPORATE VILLAGE
DRIVE FROM ECONOMIC DEVELOPMENT AUTHORITY OF THE
COUNTY OF CHESTERFIELD
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
accepted the conveyance of seven parcels of land containing a
total of 10.215 acres for the right-of-way dedication needed
for Corporate Village Drive from Economic Development
Authority of the County of Chesterfield, 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, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.18. APPROVAL OF CHANGES IN THE SECONDARY SYSTEM OF STATE
HIGHWAYS
8.B.18.a. AS A RESULT OF THE HULL STREET ROAD PROJECT 0360-
020-F21, C503, ABANDONMENT OF PORTIONS OF LADINO
ROAD, SNYDER ROAD AND LOCKHART ROAD
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution requesting changes in the
Secondary System of State Highways as a result of the Hull
Street Road Project 0360-020-F21, C503, abandonment of
portions of Ladino Road, Snyder Road and Lockhart Road:
WHEREAS, the Virginia Department of Transportation has
completed project 0360-020-F21, C503 and provided a sketch
and VDOT Form AM -4.3 to the Board of Supervisors which
defines adjustments required in the Secondary System of State
Highways as a result of the construction, which sketch and
form are incorporated herein by reference; and,
WHEREAS, a certain segment of Ladino Road, State Route
791, a certain segment of Snyder Road, State Route 824, and a
certain segment of Lockhart Road, State Route 648, appear to
no longer serve public convenience and should be abandoned as
a part of Secondary System of State Highways.
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NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
hereby requests the Virginia Department of Transportation to
take the necessary action to abandon as part of the Secondary
System of State Highways the segment of Ladino Road, State
Route 791, identified as Segment B -C, a distance of 0.03
miles, the segment of Snyder Road, State Route 824,
identified as Segment F -G, a distance of 0.04 miles, and the
segment of Lockhart Road, State Route 648, identified as
Segment G -H, a distance of 0.03 miles, all as shown on the
attached sketch and Form AM -4.3 pursuant to Section 33.2-912,
Code of Virqinia; and,
BE IT FURTHER RESOLVED, the Board of Supervisors hereby
requests the Commissioner of Highways certify, in writing,
that the aforesaid segments requested to be abandoned are no
longer deemed necessary for uses of the Secondary System of
State Highways pursuant to Section 33.2-913, Code of
Virginia; and,
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Permits Manager at 3301 Speeks
Drive, Midlothian, VA 23112, for the Virginia Department of
Transportation.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.18.b. AS A RESULT OF THE HULL STREET ROAD PROJECT 0360-
020-F21, C502, STIGALL WAY
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the attached resolution requesting changes in the
Secondary System of State Highways as a result of the Hull
Street Road Project 0360-020-F21, C502, Stigall Way:
WHEREAS, the Virginia Department of Transportation has
completed project 0360-020-F21, C502 and provided a sketch
and VDOT Form AM -4.3 to the Board of Supervisors which
defines an adjustment required in the Secondary System of
State Highways as a result of the construction, which sketch
and form are incorporated herein by reference; and,
WHEREAS, a certain segment of Stigall Way is ready to be
accepted into the Secondary System of State Highways.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
hereby requests the Virginia Department of Transportation to
take the necessary action to add as part of the Secondary
System of State Highways the segment of Stigall Way,
identified as Segment B -D, a distance of 0.17 miles, as shown
on the attached sketch and Form AM -4.3 pursuant to Section
33.2-705 of the Code of Virginia; and,
BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Permits Manager at 3301 Speeks
Drive, Midlothian, VA 23112, for the Virginia Department of
Transportation.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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8.B.19. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY TO RELOCATE THE TRANSFORMER AT
PROVIDENCE MIDDLE SCHOOL
On motion of Ms. Jaeckle, seconded by Mr. Holland, 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 -foot underground easement
to relocate the transformer at Providence Middle School. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.20. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN -FOOT
SEWER EASEMENT ACROSS PROPERTY OF RMD LAND LC
On motion of Ms. Jaeckle, 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 16 -foot sewer easement across property of RMD Land
LC. (It is noted a copy of the plat is filed with the papers
of this Board.)
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.21. APPROVAL OF FIRST AMENDMENT TO THE SPECIAL PROJECT
SERVICE AGREEMENT FOR COLLECTING, TRANSPORTING AND
PROCESSING USED ELECTRONIC EQUIPMENT WITH THE
CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the Director of Purchasing to sign the first
amendment to the special project service agreement with the
Central Virginia Waste Management Authority (CVWMA) for
collecting, transporting and processing used electric
equipment.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.22. APPROVAL OF TRANSPORTATION PRIORITY PROJECTS AND
AUTHORIZATION TO SUBMIT APPLICATIONS FOR SMART SCALE
FUNDING
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the Transportation Priority Projects List filed with
the papers of this Board and authorized staff to submit the
specified projects for Smart Scale funding consideration.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
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8.B.23. AUTHORIZATION FOR THE RECEIPT AND APPROPRIATION OF
FY2017 PUBLIC SAFETY ANSWERING POINT GRANT FUNDS
FROM THE VIRGINIA E-911 SERVICES BOARD
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the County Administrator to receive and
appropriate $150,000 in PSAP grant funds from the Virginia E-
911 services.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
8.B.24. INITIATE A CODE AMENDMENT RELATED TO LIMITED EVENTS
ON AGRICULTURAL (AT PROPERTY, REFER TO PLANNING
COMMISSION FOR RECOMMENDATION, AND SET BOARD PUBLIC
HEARING FOR SEPTEMBER 28, 2016 17PJ0109
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
initiated a code amendment related to Limited Events on
Agricultural (A) property, referred to the Planning
Commission for recommendation, instructed the Planning
Commission to return a recommendation no later than by
September 27, 2016, and set Board public hearing for
September 28, 2016.
Ayes: Elswick,
Nays: None.
Absent: Haley.
9. REPORTS
Jaeckle, Winslow and Holland.
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
9.C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR CELLCO PARTNERSHIP D/B/A VERIZON
WIRELESS (CASE 16PD0237) TO PERMIT TWO SMALL CELL
COMMUNICATIONS FACILITIES IN A COMMUNITY BUSINESS (C-3)
DISTRICT
9.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR CELLCO PARTNERSHIP D/B/A VERIZON
WIRELESS (CASE 16PD0238) TO PERMIT A SMALL CELL
COMMUNICATIONS FACILITY IN A REGIONAL BUSINESS (C-4)
DISTRICT
9.E. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR CELLCO PARTNERSHIP D/B/A VERIZON
WIRELESS (CASE 16PD0239) TO PERMIT A SMALL CELL
COMMUNICATIONS FACILITY IN A REGIONAL BUSINESS (C-4)
DISTRICT
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; a Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases; a Report of Planning
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Commission Substantial Accord Determination for Cellco
Partnership d/b/a Verizon Wireless (Case 16PD0237) to Permit
Two Small Cell Communications Facilities in a Community
Business (C-3) District; a Report of Planning Commission
Substantial Accord Determination for Cellco Partnership d/b/a
Verizon Wireless (Case 16PD0238) to Permit a Small Cell
Communications Facility in a Regional Business (C-4)
District; and a Report of Planning Commission Substantial
Accord Determination for Cellco Partnership d/b/a Verizon
Wireless (Case 16PD0239) to Permit a Small Cell
Communications Facility in a Regional Business (C-4)
District.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Dr. Ellen Woodruff expressed concerns relative to the loud
malfunctioning alarm system, in close proximity to her
residence, at Dick's Sporting Goods. She also urged the Board
to amend the county's noise ordinance.
Mr. Elswick noted he has met with the Police Department and
County Attorney's office to discuss Dr. Woodruff's concerns
and other noise ordinance issues.
Ms. Jaeckle suggested preparing a letter for the County
Administrator to send to the corporate office of Dick's
Sporting Goods regarding their malfunctioning alarm system.
Mr. Elswick stated community policing officers have been
working very diligently with Dick's Sporting Goods to resolve
the issue.
Mr. Gary Metzinger urged the Board to amend the ordinance
relative to County Code Section 16-2., Approval required;
requirements; inspections, in order to streamline the
approval process.
Ms. Jaeckle noted the County Administrator was interested in
looking at ways to streamline the approval process.
Ms. Judy Lorello expressed concerns relative to the loud
malfunctioning alarm system, in close proximity to her
residence, at Dick's Sporting Goods. She also urged the Board
to amend the county's noise ordinance.
Mr. Lawrence Beckford expressed concerns relative to the loud
malfunctioning alarm system, in close proximity to his
residence, at Dick's Sporting Goods.
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11. DINNER
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
recessed to dinner at Camp Baker with members of the Camp
Baker Management Board.
Ayes: Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Absent: Haley.
Reconvening:
Ms. Haley arrived at the meeting.
In lieu of Dr. Casey's absence, Mr. Elswick stated prior to
hiring Dr. Casey, he had informed the Board he had planned a
vacation with his family during the week of the Board
meeting.
12. INVOCATION
The Honorable Dorothy Jaeckle, Vice Chair of the Board of
Supervisors gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Nolan Ekers led the Pledge of Allegiance to the
Flag of the United States of America.
14. RESOLUTIONS
14.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
Ms. Ruth introduced Mr. Nolan Bryce Ekers and Mr. Treymont
Kemon Cannon, who were present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Winslow, 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. Nolan Bryce Ekers,
Troop 2860, sponsored by Woodlake United Methodist Church,
and Mr. Treymont Kemon Cannon, Troop 487, sponsored by Fifth
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Baptist Church, have accomplished those high standards of
commitment and have reached the long -sought goal of Eagle
Scout, which is received by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for a role as leaders in
society, Nolan and Treymont have distinguished themselves as
members of a new generation of prepared young citizens of
whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of July 2016,
publicly recognizes Mr. Nolan Bryce Ekers and Mr. Treymont
Kemon Cannon, extends congratulations on their attainment of
Eagle Scout, and acknowledges the good fortune of the county
to have such outstanding young men as its citizens.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Holland presented the executed resolutions and patches to
each Eagle Scout, accompanied by members of their families,
congratulated them on their outstanding achievements and
wished them well in future endeavors.
Each Eagle Scout provided details of their Eagle Scout
project and expressed appreciation to their families and
friends for their support.
14.B. RECOGNIZING MR. EDWARD R. MARSH, MENTAL HEALTH
SUPPORT SERVICES DEPARTMENT, UPON HIS RETIREMENT
Ms. Burcham introduced Mr. Edward R. Marsh, who was present
to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Mr. Edward R. Marsh retired from the
Chesterfield County Mental Health Support Services Department
as a Finance Manager on July 1, 2016; and
WHEREAS, Mr. Marsh began his public service with
Chesterfield County on February 11, 1981, when he was hired
by the Chesterfield County Internal Audit Department as a
Senior Auditor; and
WHEREAS, Mr. Marsh remained with Chesterfield County in
Internal Audit until December 1, 1987; and
WHEREAS, Mr. Marsh continued his public service with
Chesterfield County on February 5, 1990, when he was hired by
the Chesterfield County Mental Health Support Services
Department as an Accounting Manager; and
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WHEREAS, Mr. Marsh provided a high level of customer
service when working with county customers and fellow
employees, often going out of his way to meet a need
throughout his career; and
WHEREAS, Mr. Marsh observed many changes during his more
than 26 years with the Mental Health Support Services
Department, including the growth of department expenditures;
and
WHEREAS, Mr. Marsh embraced and adapted to the many
changes in the healthcare industry, including managed care,
Medicaid and Medicare, as well as a new financial system in
2008, resulting in substantial changes to methods for
completing his work; and
WHEREAS, Mr. Marsh has been a team player within his
department as evidenced by the number of coworkers who
regularly have asked for assistance and guidance; and
WHEREAS, Mr. Marsh has demonstrated loyalty to
Chesterfield County through his dedication and conscientious
service; and
WHEREAS, Mr. Marsh has a vast wealth of knowledge
relating to the history of the financial aspects of the State
Performance Contract, reporting requirements of the Infant
Part C program, and Mental Health Support Services grants and
budgeting, all of which will be missed.
NOW THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of July 2016,
publicly recognizes the outstanding contributions of Mr.
Edward R. Marsh, and extends appreciation, on behalf of its
members and the citizens of Chesterfield County, for more
than 33 years of dedicated service to the county,
congratulations upon his retirement, and best wishes for a
long, happy and healthy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Marsh and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Holland, Ms. Jaeckle and Mr. Winslow all commended Mr.
Marsh for his loyal and dedicated service to the county and
wished him a long and happy retirement.
Mr. Elswick presented the executed resolution to Mr. Marsh
and commended him on his many years of loyal and dedicated
service to Chesterfield County.
Ms. Snead presented Mr. Marsh with an acrylic statue and
county watch, congratulated him on his retirement and
expressed appreciation for his outstanding service to the
county.
Mr. Marsh, accompanied by his wife, expressed his
appreciation to the Board for the special recognition and
kind sentiments.
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15. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 18
16SN0706
In Bermuda Magisterial District, Courtney D. Vipperman
requests conditional use to permit a family day care home and
amendment of zoning district map in an Agricultural (A)
District on 4.9 acres known as 5615 Centralia Road. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential II use (2.0 to 4.0
dwellings per acre). Tax ID 778-661-6379.
Mr. Turner presented a summary of Case 16SN0706 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
The applicant was not present, but had notified staff of her
absence due to an emergency.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved Case 16NS0706 and accepted the following proffered
conditions:
1. Non -Transferable Ownership: This conditional use
approval shall be granted to and for Courtney D.
Vipperman, exclusively, and shall not be transferable
nor run with the land. (P)
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 6:00 a.m. to 6
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p.m. There shall be no Saturday or Sunday operation of
this use. (P)
6. Time Limitation: This conditional use approval shall be
granted for a period not to exceed ten (10 ) years from
the date of approval. (P)
7. Fenced Outdoor Plav Areas:
a. 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. However, the following exception to the
location of recreational equipment shall be
permitted:
i. One (1) item of recreational equipment shall
be permitted in the front yard (as shown on
the Exhibit,_ dated May 11, 2016) provided that
perimeter fencing of at least four (4) feet in
height shall be installed around the
recreational equipment within 120 days of
approval of this request.
b. 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 one (1) employee shall be
permitted to work on the premises, other than family
member employees that live on the premises. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0708
In Midlothian Magisterial District, George Street Corp.
requests an amendment of zoning (Case 91SN0291) to permit a
warehouse (indoor self -storage) use and a conditional use
planned development to permit setback and height exceptions
and amendment of zoning district map in a General Business
(C-5) District on 2.0 acres located at 10920 Midlothian
Turnpike. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Regional Mixed Use. Tax ID 744-
709- Part of 1952.
Mr. Turner presented a summary of Case 16SN0708 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Jim Theobald, representing the applicant, accepted the
recommendation.
Mr. Elswick called for public comment.
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There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Haley, seconded by Mr. Holland, the Board
approved Case 16SNO708 and accepted the following proffered
conditions:
The property owner and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the property under consideration (the "Property") will be
developed according to the following proffers if, and only
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the owner and applicant.
In the event this request is denied or approved with
conditions not agreed to by the owner and applicant, the
proffers shall immediately be null and void and of no further
force or effect.
The Applicant hereby amends Proffered Condition 1 of Case
91SNO291 to read as follows:
1. Uses. The following uses shall be permitted:
a. Uses permitted by right or uses permitted with
restrictions in the Community Business (C-3)
District;
b. Warehouse (limited to an indoor self -storage
facility);
C. Automobile repair, including body, major engine or
transmission, provided that, should the property be
redeveloped for an alternative use, such uses(s)
shall be limited to those permitted in Proffered
Condition l.a and l.b. (P)
(Note: Except as amended herein, all previous conditions
of zoning approved in Case 91SNO291 shall remain in full
force and effect.)
The Applicant hereby provides for additional Proffered
Conditions as follows:
2. Master Plan. The Textual Statement dated April 4, 2016;
Exhibit A entitled "Koger Center Mini -Price Schematic
Layout", prepared by Silvercore and dated March 31,
2016; and Exhibit B entitled "Midlothian Miniprice
Storage Richmond, VA", prepared by Finely Design and
dated June 8, 2016 shall be considered the master plan.
(P)
3. Site Plan. The site shall be developed as generally
depicted on Exhibit A, unless modifications are approved
by the Planning Director at the time of site plan
approval. (P)
4. Internal Access. Access to individual self -storage units
shall only be permitted using interior doors. (P)
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S. Architectural and Materials. Any building shall be
constructed in compliance with the following:
a. Exterior Elevations: Buildings shall have an
architectural style and use design elements
substantially consistent with the architectural
renderings labeled Exhibit B.
b. Building Materials. The exposed portions of the
front and side elevations, as depicted on Exhibit
B, shall be constructed of brick, masonry split -
faced block, E.I.F.S. and metal wall panels or
equivalent permanent architecturally finished
materials, substantially consistent with those
shown on the exhibits. (P)
6. Hours of Operation. Hours of operation shall be limited
to between 6:00 a.m. and 10:00 p.m. daily. (P)
7. Exterior Maintenance. Within thirty (30) days of written
notice from the Director of Planning to the property
owner, the owner shall clean any E.I.F.S. building
material installed on the building's exterior elevation.
(P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0709
In Dale Magisterial District, Donna J. Poling requests a
conditional use to permit a family day care home and
amendment of zoning district map in a Residential (R-9)
District on 0.3 acre known as 7801 Valencia Road. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential II use (2.0 to 4.0
dwellings per acre). Tax ID 761-685-8804.
Mr. Turner presented a summary of Case 16SN0709 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Ms. Donna Poling accepted the recommendation.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
approved Case 16SN0709 and accepted the following proffered
conditions:
1. Non -Transferable Ownership: This conditional use
approval shall be granted to and for Donna J. Poling,
exclusively, and shall not be transferable nor run with
the land. (P)
2. Expansion of Use: There shall be no exterior additions
or alterations to the existing structure to accommodate
this use. (P)
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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 7 a.m. to 6 p.m.
There shall be no Saturday or Sunday operation of this
use. (P)
6. Time Limitation: This conditional use approval shall be
granted for a period not to exceed ten (10) years from
the date of approval. (P)
7. Fenced Outdoor Play Areas: Any outdoor play area and/or
recreational equipment utilized by the family day-care
home. shall be located in the side or rear yard of the
property. Outdoor play and/or recreational equipment
areas shall have perimeter fencing of at least four 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 one (1) employee shall be
permitted to work on the premises, other than family
member employees that live on the premises. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
169=711
In Clover Hill Magisterial District, McDonald's Real Estate
Company requests conditional use planned development to
permit exceptions to ordinance requirements and amendment of
zoning district map in a Community Business (C-3) District on
1.1 acres located in the southwest corner of Midlothian
Turnpike and Research Road. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Community
Business use. Tax ID 743-708-0983.
Mr. Turner presented a summary of Case 16SN0711 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Ms. Mary Bowers, representing the applicant, accepted the
recommendation.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
approved Case 16SN0711 and accepted the following proffered
conditions:
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McDonald's Corporation (the "Applicant") offers the following
proffered conditions for the re -development of Property if,
and only if, the concurrent conditional use planned
development is approved. In the event the request is denied
or approved with conditions not agreed to by the Applicant,
these proffered conditions shall immediately be null and void
and of no further force and effect.
The Applicant hereby proffers the following conditions:
1. The architectural design elements, including materials,
color and style, shall be substantially compatible with
the elevations in Exhibit D, dated March 17, 2016. (P)
2. The Textual Statement dated last revised May 17, 2016
shall be considered the Master Plan. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
In response to Ms. Jaeckle's question, Mr. Turner stated
staff will look at parking space requirements for restaurants
and report back to the Board.
Mr. Winslow noted parking availability for fast food
restaurants appears to be decreasing.
In Bermuda Magisterial District, Asgard Properties c/o
Priority Toyota David Perno requests rezoning from General
Industrial (I-2) to General Business (C-5) plus conditional
use planned development to permit exceptions to ordinance
requirements and amendment of zoning district map on 5.7
acres fronting 400 feet on the south line of Ruffin Mill
Road, 2,080 feet west of Continental Boulevard. Density will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for Industrial use. Tax ID 805-637-5251.
Mr. Turner presented a summary of Case 16SN0713 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Brennen Keene, representing the applicant, accepted the
recommendation.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved Case 16SN0713 and accepted the following proffered
conditions:
Asgard Properties One, LLC (the "Owner"), as applicant in
this zoning case, pursuant to Section 15.2 2298 of the Code
of Virginia (1950 as amended) and the Zoning Ordinance of
Chesterfield County, for itself and its successors or
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assigns, proffers that the development of the property known
as Chesterfield County Tax Identification Number 805-637-5251
(the "Property") under consideration will be developed
according to the following conditions if, and only if, the
rezoning request for C-5 and Conditional Use Planned
Development ("CUPD") is granted. In the event the request is
denied or approved with conditions not agreed to by the
Owner, the proffers shall immediately be null and void and of
no further force or effect. If the zoning is granted, these
proffers will supersede all proffers and conditions now
existing on the Property.
1. Master Plan. The Textual Statement dated April 1, 2016,
shall be considered the Master Plan. (P)
2. Display Areas.
A. Direct access to and from the vehicle display areas
shall be prohibited from Ruffin Mill Road.
B. The maximum number of vehicle display pads shall be
four (4) . (P)
3. Restricted Uses. The following uses shall not be
permitted on the Property:
A. Carport sales.
B. Church
C. Columbarium.
D. Conference center, except as part of a hotel.
E. Convenience store.
F. Day care, adult or child.
G. Dry cleaning pick up, drop off, and coin operated.
H. Dwelling.
I. Flea market.
J. Funeral home or mortuary.
K. Garage building sales.
L. Group care facility.
M. Laundromat.
N. Library.
O. Manufactured or modular home
repair, or rental.
P. Modular home sales, service,
Q. Mortuary.
R. Motel.
S. Museum.
T. Nursing home.
U. Place of worship.
V. Recycling receiving center
bins.
W. Salvage barn.
X. School, excluding vocational.
Y. Second hand store.
Z. Shed building sales.
AA. Theater.
BB. Travel trailer park.
CC. Vendor, outdoor, Christmas
fruit, and vegetable. (P)
sales, service,
repair, and rental.
excluding drop-off
trees, prepared food,
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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16SN0716
In Midlothian Magisterial District, Robious Road Holdings,
LLC and Johnson Development Association, Inc. requests
rezoning from Community Business (C-3) to General Business
(C-5) to permit a mini storage facility and amendment of
zoning district map on 3.9 acres located in the southeast
corner of Robious Road and Mall Drive. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Regional Mixed use. Tax IDs 742-713-2890 and 4177.
Mr. Turner presented a summary of Case 16SN0716 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions:
Mr. Jack Wilson, representing the applicant, accepted the
recommendation.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Haley thanked the Village of Midlothian Volunteer
Coalition and staff for working together in order to bring a
quality product to the area.
Ms. Haley then made a motion, seconded by Ms. Jaeckle, for
the Board to approve Case 16SN0716 and accept the following
proffered conditions:
The property owners and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors and assigns, proffer that
the property under consideration will be developed according
to the following proffers if, and only if, the rezoning
request submitted herewith is granted with only those
conditions agreed to by owners and applicant. In the event
this request is denied or approved with conditions not agreed
to by the owners and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
1. Uses:
a. The following uses shall be prohibited:
i. all C-5 uses other than a mini
ii.
iv.
V.
facility;
all C-4 uses;
carpenter and cabinetmakers,
display rooms;
cocktail lounges and nightclubs;
storage
offices and
electrical, plumbing or heating supply sales,
service and related display rooms;
vi. feed, seed and ice sales;
vii. fraternal uses;
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viii. hospitals;
ix. indoor flea markets;
X. motor vehicle washes;
xi. park and ride lots;
xii. recreational establishments, commercial -
indoor;
xiii. taxidermies;
xiv. theaters, including drive-in theaters;
xv. commercial kennels;
xvi. outside runs for veterinary hospitals;
xvii. automobile service stations;
xviii.motor vehicle sales and rentals;
xix. gasoline sales;
xx. drive-through windows for fast food
restaurants unless located at the side or rear
of a building which has separate spaces for at
least three (3) users;
xxi. outside storage;
xxii. schools -commercial, trade, vocational and
training, unless conducted within an enclosed
building;
xxiii.material reclamation receiving center;
xxiv. warehouses for permitted uses; and
xxv. prepared food and fruit and vegetable vendors.
The following uses shall be limited as follows:
i. Outside Display: Any area used for outdoor
display that is not located under a covered
pedestrian way shall be identified on the
approved site plan. Such area shall be
located adjacent to the building which it
serves, shall be clearly delineated with
decorative fencing, and shall be located
outside of parking and sidewalk areas.
ii. Motor Vehicle Repair: Any motor vehicle
repair building shall not exceed 6,500 gross
square feet in size, and any bay doors or
loading areas for such use shall not directly
face Robious Road.
iii. Drive -Through Windows: Views of any drive-
through window parallel and adjacent to
Robious Road other than for a bank shall be
minimized by a decorative masonry wall a
minimum of three (3) feet in height which is
architecturally compatible with the
building(s).
iv. Greenhouses or Nurseries:
1. Outside garden centers shall not exceed
4,500 gross square feet and shall be
accessory to a retail component of the
business that is conducted within an
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enclosed building. In no event shall the
outside garden center exceed the square
footage of the associated retail
building.
2. Outside garden centers shall be enclosed
by a decorative "wrought iron -style"
fence with brick piers, being a minimum
of eight (8) feet in height.
3. With the exception of outside display as
restricted by Proffered Condition 1.B.i,
and continuous outside display, all plant
materials and growing areas shall be
located within the limits of the garden
center or within an enclosed building.
V. No storage unit shall be used for office or
dwelling purposes. (P)
2. Hours of Operation. No use shall be open to the public
between the hours of 12:00 a.m. (midnight) and 6:00 a.m.
(P)
3. Exterior Materials. All building exteriors (whether
front, side or rear), exclusive of doors, windows, and
trim accents, shall consist of masonry, stone, EIFS,
cementitious siding, architectural precast, integral
color split face block or glass as established as part
of an overall architectural theme. Aluminum or metal
accents and standing -seam metal roofs shall be
permitted. Plastic sheeting as sometimes associated
with a greenhouse or nursery shall not be permitted as
an exterior material. Notwithstanding the foregoing,
should the Property develop as a mini storage facility,
the elevations shall be substantially the same as those
shown on Exhibit A. (P and BI)
4. Signage. All freestanding signs shall be a monument
style. the base/structure of each sign shall be
constructed of complementary materials and colors as the
building which it advertises. All building -mounted signs
shall be internally illuminated channel letters and
logos mounted on raceways painted to blend with the
building backdrop. (P)
5. Vehicular Lights. A six (6) foot high double -sided
cedar board or vinyl fence with an additional one (1)
foot high decorative top shall be provided as may be
necessary to substantially shield headlights from
adjacent Tax IDs 742-713-6185 and 742-713-4750 to east
in a location as determined at the time of site plan
approval, for so long as such adjacent parcel or parcels
are zoned or used for residential purposes. (P)
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6. Vehicular Access.
a. No direct vehicular access shall be provided to
Robious Road, except the existing driveway that
only serves the adjacent residential property to
the east (Tax IDs 742-713-6185).
b. Direct vehicular access to Mall Drive shall be
limited to one entrance/exit, generally located to
align the existing crossover on Mall Drive. The
exact location of the access shall be approved by
the Transportation Department. (T)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0718
In Clover Hill and Matoaca Magisterial Districts,
Chesterfield County Board of Supervisors requests conditional
use planned development to permit exceptions to ordinance
requirements relative to signage and amendment of zoning
district map in an Agricultural (A) District on 0.2 acres
located within the right-of-way of Woolridge Road, south of
Genito Road and north of Crown Point Road. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Suburban Residential I use (maximum of 2.0 dwellings per
acre). Adjacent to Tax IDs 718-683-8777 and 718-685-8949.
(VDOT RIGHT-OF-WAY)
Mr. Turner presented a summary of Case 16SN0718 and stated
both the Planning Commission and staff recommended approval,
subject to the one condition. As the applicant's agent, he
consented to the condition.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
approved Case 16SN0718, subject to the following condition:
Two (2) signs, each limited to a maximum of three (3) square
feet in area and five (5) feet in height, shall be permitted
on two (2) existing Virginia Department of Transportation
"Adopt a Highway" signs as generally shown on Attachment 2.
(P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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16SN0675
In Bermuda Magisterial District, Bermuda Warehousing, LLC
requests a conditional use to permit farm equipment,
implement and machinery sales, repair and rental plus
conditional use planned development to permit exceptions to
ordinance requirements, and exception to Section 18-60 of the
utility ordinance for required public sewer connection and
amendment of zoning district map in a General Industrial (I-
2) . District on 6.4 acres fronting 545 feet on the north line
of West Hundred Road, across from Ware Bottom Spring Road.
Density will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Community Mixed use. Tax IDs 806-653-1868 and
4471.
Mr. Turner presented a summary of Case 16SN0675 and stated
both the Planning Commission and staff recommended approval
of the conditional use and conditional use planned
development request. He further stated the Planning
Commission has recommended approval of the exception to
public sewer, noting the request will accommodate business
enhancements where mandatory utility connection requirement
is cost -prohibitive. He stated staff recommended denial of
the exception to public sewer because the request adversely
affects achieving the highest and best land use suggested by
the Comprehensive Plan and impacts the extension of public
water and sewer systems to area properties.
Mr. Dean Hawkins, representing the applicant, stated a
tractor equipment sales and service business has operated at
the location since 1977. He further stated initially the use
was proposed as a wholesale business with ancillary retail
use. He stated tractor equipment sales and service is a use
first permitted in the General Business (C-5) District,
requiring a conditional use in the I-2 District. He noted
continued use of public water and a private septic system is
planned.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Jaeckle stated the mandatory connection requirement to
accommodate the proposed site improvements is cost
prohibitive.
Ms. Jaeckle then made a motion, seconded by Mr. Winslow, for
the Board to approve Case 16SN0675 and accept the following
proffered conditions:
1. Master Plan. The Textual Statement dated
and the
prepared
shall be
plan titled Dubberly Tractor &
by Dean E. Hawkins, ASLA, dated
considered the master plan. (P)
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June 10, 2016,
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2. Improvements. Building and parking improvements associated
with farm equipment, implement and machinery sales, repair
and rental uses shall be limited to those depicted on the
master plan. (P)
3. Screening. Screening of outside storage areas from West
Hundred Road shall be accomplished through the use of
berms and landscaping as generally depicted on the master
plan. The exact design and treatment of the berms and
landscaping shall be submitted to the Planning Department
for review and approval. This treatment is in addition to
perimeter landscape requirements of the Zoning Ordinance.
(P)
4. Outdoor Product Display. Outdoor product display shall be
limited to two (2) areas,. one located towards the eastern
property limits and the other towards the western property
limits, as generally shown on the master plan. Each
display area shall be located on a graveled surface,
delineated with timbers, and landscaped with low level
plantings. The exact design and treatment of these
display areas shall be submitted to the Planning
Department for review and approval. (P)
And, further, the Board accepted the following conditions:
1. Utility Easements. Any site plan or building permit for
the subject parcels shall provide and dedicate public
easements in locations acceptable to the Utilities
Department to accommodate the future extension of the
public wastewater system. Such easements shall be
dedicated prior to site plan approval. (U)
2. Extension of Utilities. In the event that the public sewer
system is extended onto the north side of West Hundred
Road (State Route 10) to a point within 200 feet of the
subject property, the public wastewater system shall be
extended to a point acceptable to the Utilities Department
and all uses requiring wastewater shall be connected to
the public system. (U)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
199N0707
In Midlothian Magisterial District, David Bruce Allen
requests exceptions to Section 18-60 of the utility ordinance
for required public water and sewer connections and amendment
of zoning district map in a Residential (R-40) District on
4.8 acres fronting 253 feet on the east line of Old Gun Road
West; also fronting 334 feet on the south line of Silbyrd
Drive, 325 feet east of Old Gun Road West. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Low Density Residential use (maximum of 1.0 dwelling per
acre). Tax IDs 737-717-1329 and 3242.
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Mr. Turner presented a summary of Case 16SN0707 and stated
the Planning Commission has recommended approval of Request I
and Request II, noting the use accommodates small development
where mandatory utility connection requirement is cost -
prohibitive and conditions will accommodate future utility
extension by others, and require utility connection for uses
on the request properties upon availability. He further
stated Planning and Utilities staff cannot support Request I
because the use adversely impacts the extension of public
water to area properties. He stated no limitations with
topography and capacities, or conflicts with utilities exist
that would make the connection physically impractical.
Mr. David Allen stated a three -lot subdivision known as Old
Gun Trace is planned. He further stated Lot 1 is proposed to
be served by public water, while Lots 2 and 3 would be served
by a private well. He stated all three lots are proposed to
be served by private septic systems. He further stated the
requirement to accommodate the three proposed lots is cost
prohibitive and he was unaware of the mandatory connection
requirement.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Haley, seconded by Ms. Jaeckle, the Board
approved Case 16SN0707, subject to the following condition:
1. Utility Easements. Any construction plan or building
permit for the subject parcels shall provide and
dedicate public utility easements in locations
acceptable to the Utilities Department to accommodate
the future extension of the public water and wastewater
systems. Such easements shall be dedicated prior to
plan approval or in conjunction with the final plat.
(U)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Ms. Jaeckle recognized the tremendous efforts of Planning
Commissioners relative to zoning case processes.
17. PUBLIC HEARINGS
17.A. TO CONSIDER AMENDING SECTION 8-42(C) OF THE COUNTY
CODE RELATING TO STORMWATER UTILITY FEE BILLING,
PAYMENT AND PENALTIES
Mr. Smedley stated this date and time has been advertised for
the Board to consider amending Section 8-42(C) of the County
Code relating to stormwater utility fee billing, payment and
penalties. He further stated the Treasurer's Office and the
Environmental Engineering Department have been working
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together to ensure the new stormwater utility fee is
seamlessly integrated into the county's new tax billing
system. He stated both departments have concluded that it is
more efficient to impose and collect the interest on unpaid
stormwater utility accounts in the same manner as interest is
imposed and collected on unpaid real estate tax bills.
Mr. Winslow commended the efforts of the Treasurer's Office
and Environmental Engineering Department for their efficiency
relative to streamlining the billing process.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Holland concurred with Mr. Winslow's remarks.
Mr. Holland then made a motion, seconded by Ms. Jaeckle, for
the Board to adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING
SECTION 8-42(C) OF ARTICLE IV TO CHAPTER 8
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Chapter 8 of Code of the County of Chesterfield,
1997, as amended, is amended by the addition of "of the
month" to section 8-42(c) of Article IV, as added, to read as
follows:
CHAPTER 8
STORMWATER MANAGEMENT AND WATER QUALITY
Article I. Stormwater Management
000
Article IV. Stormwater Utility
Sec. 8-39. - Definitions.
In addition to the definitions set forth in section 8-2, when
used in this article, the following terms shall have the
following meanings:
Base Rate means the utility fee charged on an equivalent
residential unit, which shall be $25, effective July 1, 2016.
Developed nonresidential property means developed property
which does not serve a primary purpose of providing permanent
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dwelling units. Such property shall include, but not be
limited to, commercial properties, industrial properties,
parking lots, churches, recreational and cultural facilities,
hotels, offices, hospitals, schools, and universities.
Developed property means real property which has been altered
from its "natural" state by the addition of any improvements
such as buildings, structures, and other impervious surfaces
totaling greater than two hundred fifty (250) square feet of
impervious area. Improvements include, without limitation,
buildings patios, driveways, walkways, parking areas, and
compacted gravel areas. For new construction, property shall
be considered developed pursuant to this article upon
issuance of an occupancy permit.
Developed residential property means developed property which
serves the primary purpose of providing a permanent dwelling
unit or units, and which may or may not have accessory uses
related to the purpose of providing permanent dwelling
facilities. Property zoned to the A-1, agricultural zoning
classification on which a dwelling unit is located shall be
considered developed residential property for the purposes of
this article.
Director means the director of environmental engineering or
any person designated by the director to act on the
director's behalf.
Dwelling unit shall mean any building or portion thereof
which provides complete independent permanent facilities for
living, sleeping, eating and sanitation and is designed for
or used exclusively as living quarters by one (1) family, but
not including a tent, cabin, travel trailer or room in a
hotel or motel. A manufactured home or temporary family
health care unit shall not be considered a dwelling or
dwelling unit.
Equivalent residential unit or
impervious area of a typical
developed property based on
horizontal impervious area of
dwelling unit in the county.
ERU means the equivalent
single-family residential
the statistical average
a single-family detached
An ERU equals two thousand
eight hundred (2,800) square feet of impervious surface area.
Impervious area means a surface which is compacted or covered
with material that impedes or prevents natural infiltration
of water into soil, including, without limitation, most
conventionally surfaced streets, roofs, sidewalks, parking
lots, and other similar structures.
Revenues means all fees, assessments, or other income
received by the utility including but not limited to amounts
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received from investment or deposit of moneys in any fund or
account and any amounts contributed by the county, grants,
fees -in -lieu of or proffer funds provided by developers or
individual residents.
Stormwater management system or system means the stormwater
management infrastructure and equipment of the county and all
improvements thereto for stormwater control in the county.
Infrastructure and equipment shall include structural and
natural stormwater control system of all types, including
without limitation, retention basins, sewers, conduits,
pipelines, pumping and ventilation stations, and other
plants, structures, and real and personal property used for
support of the system. The system does not include privately
owned farm ditches and other private drainage systems.
Stormwater management utility or utility means the special
revenue fund created by this chapter to operate, maintain,
and improve the county's stormwater management system.
Treasurer shall mean the Chesterfield County treasurer or any
person designated by the treasurer to act on the treasurer's
behalf.
Undeveloped property means any property that has less than or
equal to two hundred fifty (250) square feet of impervious
area.
Utility fee or fee means the service charges determined in
accordance with section 8-41 of this article and applied to
property owners, including condominium unit owners, of
developed property used to fund the stormwater management
utility.
Sec. 8-40. - Establishment of stormwater management utility.
(a) Pursuant to the provisions of the Code of Virginia,
§15.2-2114, a stormwater utility fee is hereby imposed on
all developed properties in the county. All revenue
collected pursuant to this article shall be deposited into
a stormwater utility. The fee shall be paid by the owner
of developed property in the county.
(b) The Stormwater utility shall be dedicated special
revenue used only to pay for or recover costs for the
following stormwater services:
(1) The acquisition, as permitted by the Code of
Virginia, §15.2-1800, of real and personal property,
and interests therein, necessary to construct, operate,
and maintain stormwater control facilities;
(2) The cost of administration of such programs;
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(3) Planning, design, engineering, construction, and
debt retirement for new facilities and enlargement or
improvement of existing facilities, including the
enlargement or improvement of dams, levees, floodwalls,
and pump stations, whether publicly or privately owned
that serve to control stormwater;
(4) Facility operation and maintenance, including
maintenance of dams, levees, floodwalls, and pump
stations, whether publicly or privately owned, that
serve to control stormwater;
(5) Monitoring of stormwater control devices and
ambient water quality monitoring; and
(6) Other activities consistent with the state or
federal regulations or permits governing stormwater
management, including, but not limited to, public
education, watershed planning, inspection and
enforcement activities, and pollution prevention
planning and implementation.
(c) The impervious surface of a property shall be determined
by the director by using one (1) or more of the following:
aerial photography; as -built drawings; final approved site
plans; building permits; field surveys; or other
appropriate engineering and mapping analysis tools.
Sec. 8-41. - Imposition of stormwater utility fee and fee
calculations.
(a) For purposes of determining the utility fee, all
properties in the county are classified into one of the
following classes:
(1) Developed residential property
(2) Condominiums and townhouses
(3) Developed nonresidential property
(4) Undeveloped property
(b) Developed residential property will be charged the base
rate per dwelling unit. Condominiums and townhouses will
be charged a flat rate of 30 percent of the base rate per
dwelling unit. Developed nonresidential property will be
charged in accordance with section 8-41(c) of this
article.
(c) The annual stormwater utility fee for all developed
nonresidential property in the county shall be calculated
in the following manner:
(1) Determine the impervious
real property in square feet;
(2) Divide the property's
equivalent residential unit.
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area of each property of
impervious area by the
07/27/16
(3) Round the resulting calculation to the nearest
whole number to determine the number of equivalent
residential units.
(4) Multiply the number of equivalent residential units
determined in subsection (3) above by the base rate to
obtain the annual stormwater utility fee for the
property.
(d) When new property or impervious areas are brought into
the utility system, such as from new construction, fees
will accrue or increase commencing from the date of
issuance of a certificate of occupancy. The director will
forward the data concerning the fee to the treasurer so
that the charge will be issued with the next real estate
tax bill.
(e) In the event of additions to developed nonresidential
property which change the amount of impervious surface
area, the director will modify the fees upon issuance of a
certificate of occupancy. The director will forward this
data to the treasurer so that the next real estate tax
bill will reflect the modification of the fee.
(f) In the event of alterations to developed nonresidential
property which change the amount of impervious surface
area (e.g. increased parking area) the director will
modify the fees upon closure of the land disturbance
permit. The director will forward this data to the
treasurer so that the next real estate tax bill will
reflect the modification of the fee.
Sec. 8-42. - Billing, payment, and penalties.
(a) The stormwater utility fee shall be billed to the record
owner of each property subject to the fee in the same
manner as prescribed by the county for the real estate
tax. Such bills shall be included on and payable with the
property's real estate tax bill. For properties that do
not receive a real estate tax bill, a separate bill for
stormwater services shall be issued. Any fee not paid in
full by the applicable due date of the real estate tax
bill, unless a petition for adjustment has been made in
accordance with section 8-43 of this article, in which
case the due date is thirty (30) calendar days after the
date of a final determination of a petition for
adjustment, shall be considered delinquent.
(b) Payments received shall be applied first to the
stormwater utility fee and then to the real estate tax and
other fees.
(c) Delinquent stormwater utility fees, in accordance with
the Code of Virginia, §15.2-105, shall be subject to a
penalty of an amount equal to ten (10) percent of the
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amount then due, which penalty shall be added to the
amount due from such person. Interest at the rate of ten
(10) percent on the balance of the account shall be
imposed and collected on all such delinquent fees from the
first day of the month following the due date listed on
the bill. No penalty shall be imposed for failure to pay
if such failure was not in any way the fault of the
debtor.
(d) A delinquent stormwater utility fee, along with
cumulative penalties and interest, shall constitute a lien
on the property ranking on parity with liens for unpaid
taxes and shall be collected in the same manner as
provided for the collection of unpaid taxes.
Sec. 8-43. - Petitions for adjustments.
(a) Any owner of a property subject to the stormwater
utility fee may request an adjustment to the fee by
submitting a request in writing to the director within
thirty (30) calendar days after the date the bill is
mailed or otherwise issued to the owner. Grounds for
adjustment of the fee are limited to the following:
1) An error was made regarding the square footage of
the impervious area attributed a property;
2) The property is exempt under the provisions of
section 8-44(c) of this article;
3) There is a mathematical error in calculating the
stormwater utility fee;
4) The identification of the property owner billed is
in error; or
5) An approved credit was incorrectly applied.
(b) The property owner shall complete a stormwater
utility fee adjustment application form in a format
approved by the director.
(c) If the application alleges an error in the amount
of the impervious area, the property owner shall also
provide a plot, plan, or map showing all impervious
areas within the property's boundaries, including
buildings, patios, driveways, walkways, parking areas,
compacted gravel areas, and any other separate
impervious structures. The applicant shall label
dimensions of impervious areas and identify the areas
believed to be incorrect.
(d) The director shall make a determination within
thirty (30) calendar days of receipt of a complete
submittal for the request for adjustment. In the event
that the director finds that the appeal is deficient or
incomplete, the director shall offer the property owner
thirty (30) days to supply the missing information. The
thirty (30) day timeframe for a decision will begin at
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such time as the requested information is provided. If
the information requested is not provided to the
director within thirty (30) days of the original
request, the petition will be deemed withdrawn.
Sec. 8-44. - Stormwater utility fee credits, exemptions.
(a) The director shall administer a system of credits
in accordance with the Code of Virginia, §15.2-2114(D).
(b) The director will develop written policies to
implement the credit system, which shall include a
requirement for property owners to provide long-term
maintenance in accordance with section 8-10 of article I
of this chapter, "Long-term maintenance of permanent
stormwater facilities."
(c) The following properties shall be exempt from the
stormwater utility fee:
(1) A federal, state, or local government, or public
entity, that holds a permit to discharge stormwater
from a municipal separate storm sewer system (MS4).
(2) Undeveloped properties.
(2) That this ordinance shall become effective on July 1,
2016.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
17.B. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF EASEMENTS FOR THE LUCKS LANE (SPIREA
ROAD TO EAST EVERGREEN PARKWAY) WIDENING PROJECT
Mr. Smith stated this date and time has been advertised for
the Board to consider the exercise of eminent domain for the
acquisition of easements for the Lucks Lane (Spirea Road to
East Evergreen Parkway) Widening Project. He further stated
due to a bankruptcy filing on the property, eminent domain is
necessary to obtain clear title and to maintain the project
schedule.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Winslow noted the county's consultant advised the only
way to obtain clear title is through eminent domain.
Mr. Winslow then made a motion, seconded by Mr. Holland, for
the Board authorized the exercise of eminent domain on the
following parcel, including the filing of a certificate of
deposit, for the acquisition of right-of-way and easements
for the Lucks Lane (Spirea Road to East Evergreen Parkway)
Widening Project:
1. Wilbert D. and Betty R. Daniels, 12359 Logan Trace Road,
GPIN 7356958596.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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Mr. Holland noted the parcel is under Chapter 13 bankruptcy.
17.C. TO CONSIDER AN ORDINANCE TO VACATE LOTS 1-14, MAP OF
CHESTERFIELD GARDENS
Mr. Harmon stated this date and time has been advertised for
the Board to consider an ordinance to vacate Lots 1-14, map
of Chesterfield Gardens.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following ordinance to vacate Lots 1-14, Map of
Chesterfield Gardens:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to TIMOTHY GROUP, LLC, a
Virginia liability company
("GRANTEE"), Lots 1-14, Map of
Chesterfield Gardens, BERMUDA
Magisterial District, Chesterfield
County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's
Office, Circuit Court, Chesterfield
County, Virginia in Plat Book 4, at
Page 230.
WHEREAS, TIMOTHY GROUP, LLC, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate Lots
1-14, Map of Chesterfield Gardens, BERMUDA Magisterial
District, Chesterfield County, Virginia more particularly
shown on a plat of record in the Clerk's Office of the
Circuit Court of said County in Plat Book 4, Page 230, by
Clodfelder & Schisler, dated July 21, 1928, recorded November
17, 1933. The lots petitioned to be vacated are more fully
described as follows:
Lots 1-14, Map of Chesterfield Gardens,
the location of which is more fully shown
on a plat made by JL Surveying, LLC.,
dated February 20, 2012, a copy of which
is attached hereto and made a part of
this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the lots sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
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That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid lots be and is
hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office,
Circuit Court, Chesterfield County, Virginia pursuant to
Section 15.2-2276 of the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the lots hereby vacated in the property
owner of Lots 1-14, Map of Chesterfield Gardens, free and
clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the GRANTOR and GRANTEE, or their successors in
title.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
17.D. TO CONSIDER THE CONVEYANCE OF AN EASEMENT TO VERIZON
VIRGINIA INCORPORATED FOR THE RECONSTRUCTION OF
NEWBYS BRIDGE ROAD IN THE VICINITY OF BURNETT DRIVE
Mr. Harmon stated this date and time has been advertised for
the Board to consider the conveyance of an easement to
Verizon Virginia Incorporated for the reconstruction of
Newbys Bridge Road in the vicinity of Burnett Drive.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Ms. Haley, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Verizon
Virginia Inc. for a variable width underground easement for
the reconstruction of Newbys Bridge Road in the vicinity of
Burnett Drive.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
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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. Winslow, seconded by Mr. Holland, the Board
adjourned at 7:25 p.m. until August 24, 2016.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
29vy
Casey
dministrator
Steplkn A. E swick
Chairman
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