2016-08-24 MinutesA
D
BOARD OF SUPERVISORS
MINUTES
August 24, 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
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
Mr. John Harmon,
Real Property Manager
Mr. Garrett Hart, Dir.,
Economic Development
Mr. George Hayes, Dir.,
Utilities Department
Lieutenant Col. Dan Kelly,
Police Department
Mr. Rob Key, Dir.,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Mr. Mike Mabe, Dir.,
Library
Ms. Mary Martin Selby, Dir.,
HR Services
Mr. Jeffrey Mincks,
County Attorney
Dr. Bill Nelson, Int. Dir.,
Health Department
Ms. Susan Pollard, Dir.,
Public Affairs
Chief Loy Senter,
Fire and EMS
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Mr. Scott Smedley, Dir.,
Environmental Engineering
Mr. Jesse Smith, Dir.,
Transportation
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Kirk Turner, Dir.,
Planning
Dr. James Worsley, Dir.,
Parks and Recreation
Mr. Scott Zaremba, Dir.,
Human Resource Management
Mr. Elswick welcomed Dr. Joseph Casey, newly appointed Count
Administrator, to his first official Board of Supervisor:
meeting.
Dr. Casey expressed his appreciation for the welcomin
environment of county employees, citizens and local businesses
He stated he will give all his efforts, time and talents t
Chesterfield County.
Mr. Elswick also welcomed Ms. Becky Dickson, Interim Deput
County Administrator for Management Services, and recognize
former County Administrator Mr. Lane Ramsey, who was in th
audience.
1. APPROVAL OF MINUTES FOR JULY 27, 2016
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved the minutes of July 27, 2016, as submitted.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Dr. Casey introduced the county's new Parks and
Recreation Director, Dr. James Worsley, who started
earlier this month. He stated Dr. Worsley has a doctorate
in leadership studies from North Carolina A&T State
University and a master's and bachelor's degree in
recreation management and parks, recreation and tourism,
respectively, from the University of North Carolina in
Greensboro. Dr. Worsley introduced himself and expressed
his intentions and goals for the Parks and Recreation
Department.
All Board members welcomed Dr. Worsley and wished him well in
his future endeavors with Chesterfield County.
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2.B. JOHN TYLER COMMUNITY COLLEGE PRESENTATION
Dr. Ted Raspiller, President of John Tyler Community College
provided an update to the Board relative to the college's
activities and accomplishments. He was joined by Dr. Bill
Fiege, Vice President of Learning and Student Success, Mr.
Fred Taylor, Director of Governmental and Administrative
Services and Ms. Holly Walker, Director of Public Information.
They focused on workforce credentials; custom training,
credentialing, consulting and other workforce development
services; and new financial aid opportunities. In regards to
new opportunities at John Tyler Community College, a new
academic building on the Midlothian campus was opened;
expansion and renovation is planned at the Chester campus;
they are working on designating a national advanced
manufacturing center of excellence at John Tyler; and have
added new programs. Ms. Walker introduced Mr. Geovany
Chavarria, a student ambassador for John Tyler, who shared his
success story with the Board. In closing, Dr. Raspiller
thanked the Board for its support and ongoing partnership.
Mr. Holland commended Dr. Raspiller for his informative
presentation, favorable tuition saved by Chesterfield
families, and outstanding academic results.
Ms. Jaeckle commended John Tyler Community College for always
being ahead of the curve and creating measurable workforce and
educational outcomes.
In response to Ms. Jaeckle's remarks, Dr. Raspiller stated the
college is right on the front line of moving at the speed of
business and industry. He highly praised college faculty and
staff for their tremendous efforts.
Ms. Haley commended John Tyler for partnering with so many
facets of the community from the business aspect. She also
stressed the critical importance of dual enrollment for
students to earn both high school and college credit.
In response to Mr. Elswick's question, Dr. Raspiller stated
student admissions are still being accepted for the 2016-17
academic year.
2.C. ZIKA VIRUS PRESENTATION
Dr. Bill Nelson, Interim Director of the Health Department,
provided an update to the Board relative to the Zika Virus. He
stated the virus was recently identified with little data; the
infection during pregnancy can cause severe birth defects; the
virus is transmitted by bites from specific types of
mosquitoes; many infected people are not sick; the range of
the virus is growing; and most interventions are personal. He
further stated no cases have thus far been related to
travelers returning from an area where Zika virus transmission
is ongoing or through sexual transmission from an infected
traveler to a partner.
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He stated the virus could spread locally in Virginia and the
likelihood of transmission depends on many environmental and
societal factors. He further stated preventative actions
include wearing loose -fitting clothing with long sleeves and
pant legs; using insect repellant and utilizing screens/air
conditioning. In closing, he reviewed what is being done on
the local, state and federal levels relative to the virus and
planning for management of transmitted cases.
Mr. Winslow expressed his appreciation to Dr. Nelson for the
important and informative presentation for public awareness
relative to the virus.
Dr. Nelson stressed the importance of protecting oneself if
traveling to an epidemic area.
2.D. BLUEPRINT CHESTERFIELD: COMMUNITY ENGAGEMENT RESULTS
Mr. Matt Harris, Assistant Director of Budget and Management,
provided an update to the Board on Blueprint Chesterfield's
community engagement results. He stated over the 39 days,
6,200 people responded to the online survey and over 200
people attended the three community workshops. He further
stated there was an overwhelming response; representative
cross-section of the community was engaged. He stated the
style of the campaign was well received by the community and
it confirmed the county's general strategic direction, primary
focus on education and public safety. He further stated there
was a major emphasis on infrastructure (new and maintenance of
existing) to support current population and future growth,
especially roads and planning for strong investment in
commercial tax base development and managing the pace of
residential growth. He stated there was a low interest in
scaling back service levels in core programs. He further'
stated the survey found that 36 percent of respondents were
satisfied with the county school system, while 59 percent
wanted more investment level in the county school system. He
stated education, public safety and transportation were
selected as highest priorities. He noted the largest segment
of respondents polled were ages 35 to 44. In closing, he
expressed appreciation to the community and various
departments who made the effort possible.
Mr. Holland commended Mr. Harris and his team for an
outstanding job, which validates the 5 -year plan relative to.
the value of education, public safety and transportation. He
stated he is pleased citizens are interested in investing more
into county schools.
In response to Mr. Holland's question, Mr. Harris stated
Blueprint Chesterfield is a 365 -day commitment for staff to
continue to fold results into future financial planning. He
stressed the importance of having an ongoing dialogue with the
community through the county website and e -newsletter.
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Ms. Jaeckle, Mr. Winslow, Ms. Haley and Mr. Elswick all highly
praised Mr. Harris and his team for their tremendous efforts
involving and engaging the public in the budgetary process
well in advance.
• Dr. Casey reported the Governor announced that Niagara
Bottling LLC, a family-owned and operated bottled water
supplier, will be Chesterfield County's newest corporate
citizen. He stated Niagara will invest $95 million to
establish a manufacturing and bottling operation at
Meadowville Technology Park, bringing 76 new jobs.
• Dr. Casey reported last week Mr. Elswick and Ms. Jaeckle
attended a ceremony with Governor Terry McAuliffe and a
host of other dignitaries where the VA National guard
broke ground on their new 102,000 -square -foot
headquarters at Defense Supply Center Richmond. He stated
the new $30 million headquarters will boost space for the
staff members of the National Guard and the Air National
Guard from 58 percent to 98 percent of what they require
and, for the first time, in a building designed for their
needs.
• Dr. Casey was happy to report that Chesterfield County
placed second on the Digital Counties Survey in the
250,000-499,999 population for 2016. He stated the
recognitions were announced recently by the Center for
Digital Government and the National Association of
Counties. He further stated the survey list includes
counties that have initiatives that save taxpayer dollars
through efficiencies, boost transparency, cybersecurity
and engagement or innovate through unique projects.
Chesterfield County has been named among the top 10
counties nationwide six times in the past seven years.
• Dr. Casey announced on Tuesday, August 2, Chesterfield
County participated in the 33rd Annual National Night Out
celebration. He stated more than 150 people, including
volunteers and members of the police department and other
agencies, worked tirelessly to help make the evening a
huge success. He further stated thousands of residents
throughout the county attended 117 block parties.
3. BOARD MEMBER REPORTS
Ms. Haley announced she attended the National Night Out event
on August 2nd and stressed the importance of teaching children
that public safety personnel are safe and reliable people to
reach out to in times of distress.
Mr. Holland announced he attended the Jeffrey Reed Memorial
Service Dedication at Ironbridge Park on July 29th. He reported
the Chesterfield County Workforce Center, under the direction
of the Chesterfield County Workforce Partnership will move
offices from Whitepine Road on August 25th to Turner Road on
September 6th. He also announced he attended the VACo Board of
Directors Meeting on August 19th
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Mr. Winslow announced he attended the National Night Out event
on August 2nd and concurred with Ms. Haley's remarks relative
to the importance of public safety personnel. He then stressed
the importance of community neighborhood watch programs and
encouraging the upkeep of public and private facilities. He
also announced Monacan High School has their first football
game on August 26th and the county fair will be held on August
26 - September 3.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS
OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
added Item 8.B.21, Request for Entertainment Festival Permit
for ChesterFest; and replaced Item 8.A.1., Appointments to the
Youth Services Citizen Board.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING THE 2016 NATIONAL ASSOCIATION OF COUNTIES
(NACO) AND VIRGINIA ASSOCIATION OF COUNTIES (VACO)
ACHIEVEMENT AWARD WINNERS
Mr. Lassiter stated Chesterfield County is the recipient of 18
Achievement Awards from the National Association of Counties
(NACo) this year for innovative programs and services. The
following recipients were recognized by Board members and Dr.
Casey, and department representatives were presented with the
2016 NACo Achievement Awards:
DEPARTMENT PROJECT
Budget and Management
Comprehensive Services
Fire Department
General Services
Human Resource Management
Information Systems Technology
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Blueprint Chesterfield
Community Care Mobile
Special Events Radar
Whack -A -Watt
VRS Hybrid Defined
Contribution Training
Portfolio Management
for Technology Assets
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Libraries
Mental Health Support Services
Planning Department
Risk Management
Sheriff's Office
Utilities Department
Library as Lifeboat: A
Library & Emergency
Management Partnership
Ladders to Success -
Connecting the
Community with Jobs
Exploring Human
Origins: A Community
Conversation
Same Day Access (SDA)
Behavioral Health Home
Pilot
Improving Community
Involvement in
Planning
Creating a Positive
Safety Culture Through
Visible Leadership
Correctional Facility
Energy Savings Project
Bridge Program
Aeration Optimization
Program
Providing
Extraordinary Customer
Care to the Customer
with Safety in Mind
for Employees
Improving the
Efficiency of the
Construction
Inspection Process
Mr. Dean Lynch, Deputy Executive Director for VACo, presented
the VACo Achievement Awards to the following winners:
Libraries
Library as Lifeboat:
A Library & Emergency
Management Partnership
(W 1� Mental Health Support Services Same Day Access (SDA)
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Dr. Casey, Mr. Elswick, Mr. Holland and Ms. Jaeckle
congratulated and highly praised each department on their
prestigious recognitions.
5.B. RECOGNIZING CORPORAL KENNETH SCOTT GORDON, POLICE
DEPARTMENT, UPON HIS RETIREMENT
Lieutenant Colonel Kelly recognized Corporal Kenneth Scott
Gordon, who was present to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Corporal Kenneth Scott Gordon will retire from
the Chesterfield County Police Department on September 1,
2016, after providing over 27 years of outstanding quality
service to the residents of Chesterfield County; and
WHEREAS, Corporal Gordon has faithfully served the county
in the capacity of Patrol Officer, Senior Police Officer,
Master Police Officer, Career Police Officer and Corporal; and
WHEREAS, during his tenure, Corporal Gordon also served
as a member of the Street Drug Enforcement Unit, a General
Instructor, Defensive Driving Instructor, Crime Prevention
Officer, Neighborhood Watch Coordinator, including Business
Watch and Worship Watch, and Police Fleet Coordinator; and
WHEREAS, Corporal Gordon was a Narcotics K-9 Handler for
14 years and was a huge asset to the Chesterfield County
Police Department as well as other surrounding jurisdictions;
and
WHEREAS, Corporal Gordon was a recipient of a Unit
Citation Award while serving as a member of the Street Drug
Enforcement Unit, when the unit was recognized for its major
accomplishments, including over 900 arrests and the seizure of
currency, weapons, vehicles and drugs, all while the unit was
working below minimum manpower levels; and
WHEREAS, while serving as Neighborhood Watch Coordinator,
Corporal Gordon's leadership led to the participation of over
130 neighborhoods in National Night Out events; and
WHEREAS, due to Corporal Gordon's tireless efforts and
dedication while coordinating National Night Out events,
Chesterfield County was the only category 1 locality in
Virginia to place, and was in the top 10 communities
nationwide, with populations over 300,000, with a ranking of
6th place in the years 2013 and 2014, and he was recognized
with an Achievement Award for his National Night Out efforts;
and
WHEREAS, Corporal Gordon has organized several Medication
Take -Back Events for Chesterfield County, with the largest
event to date resulting in over 1,000 pounds of drugs being
collected; and
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WHEREAS, Corporal Gordon has served on numerous
committees, including as treasurer of the Central Virginia
Crime Prevention Association, board member of the Chesterfield
County Emergency Planning Committee, member of the Police
Department Retention Committee and the Police Quality Council;
and
WHEREAS, Corporal Gordon is recognized for his
communications and human relations skills, his professionalism
and his teamwork, all of which he has utilized within the
Police Department and in assisting residents of Chesterfield
County; and
WHEREAS, during his tenure, Corporal Gordon has received
numerous letters of commendation, thanks and appreciation for
services rendered; and
WHEREAS, Corporal Gordon 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 Gordon's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 24th day of August 2016,
publicly recognizes Corporal Kenneth Scott Gordon 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.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Corporal Gordon, 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. Elswick presented the executed resolution to Corporal
Gordon and commended him on his many years of loyal and
dedicated service to Chesterfield County.
Mr. Winslow, Ms. Jaeckle, Mr.
their appreciation to Corporal
and valuable professionalism
contributions to the community.
Holland and Ms. Haley expressed
Gordon for his diligent service
and highly praised his many
Dr. Casey presented Corporal Gordon with an acrylic statue and
county watch, expressed appreciation for his exceptional and
faithful service to the county and wished him well in his
retirement.
Corporal Gordon, accompanied by his family, expressed his
appreciation to the Board for the recognition and kind
sentiments.
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6. WORK SESSIONS
There were no Work Sessions at this time.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
suspended its rules to allow simultaneous nomination
/appointment of members to the Youth Services Citizen Board.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.A.1. YOUTH SERVICES CITIZEN BOARD
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
simultaneously nominated/appointed the following student
representatives to the Youth Services Citizen Board, whose
terms are effective September 1, 2016, and will expire on June
30, 2017:
Name District
Ms. Savannah McNeilly Bermuda
Mr. Sebastian Harmon Matoaca
Ms. Olivia Jamieson Clover Hill
Ms. Emma Baker Dale
Mr. Gary "Diaz" Tompkins At -Large
And, further, the Board simultaneously nominated/appointed the
following adult representatives to the Youth Services Citizen
Board, whose terms are effective September 1, 2016, and will
expire on June 30, 2016
Name
District
Ms. Amanda Scantling Bermuda
Ms. Billie Robinson Matoaca
Ms. Cassandra Lacey Clover Hill
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B. CONSENT ITEMS
8.B.1. APPROVAL OF CHESTERFIELD HEALTH DISTRICT RABIES
EXPOSURE RESPONSE PLAN
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved the Chesterfield Health District Rabies Exposure
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Response Plan for Chesterfield County. (It is noted a copy of
the plan is filed with the papers of this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.2. ADOPTION OF RESOLUTIONS
8.B.2.a. NAMING THE WEST HUNDRED ROAD BRIDGE IN CHESTER IN
HONOR OF SERGEANT AARON XAVIER WITTMAN
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Sergeant Aaron Xavier Wittman of Chesterfield,
Virginia was born on November 6, 1984; and
WHEREAS, Sergeant Wittman attended L. C. Bird High
School, and lettered in both wrestling and track; and
WHEREAS, Sergeant Wittman followed his family's proud
military tradition by attending The Citadel upon his
graduation from high school and enlisting in the South
Carolina National Guard; and
WHEREAS, in 2007 Sergeant Wittman interrupted his studies
and made his first deployment to Afghanistan with his National
Guard Unit, conducting combat operations in the Paktika
Province and earning his Combat Infantryman's Badge; and
WHEREAS, at the completion of his tour, Sergeant Wittman
returned to the Citadel to complete his degree, graduating in
2009; and
WHEREAS, upon his graduation, Sergeant Wittman enlisted
in the Army and made his second combat deployment to
Afghanistan, with the 3rd Battalion, 69th Armor Regiment, 1St
Brigade Combat Team, 3rd Infantry Division in 2012; and
WHEREAS, on January 10, 2013, while on mounted patrol
near Khogyani, Sergeant Wittman died from wounds sustained
while engaging the enemy; and
WHEREAS, for his actions, Sergeant Wittman was awarded a
posthumous Purple Heart and the Bronze Star with Combat "V";
and
WHEREAS, Sergeant Wittman gave his life in defense of a
grateful nation; and
WHEREAS, the Chesterfield County Board of Supervisors
wishes to memorialize the life and the sacrifices of Sergeant
Wittman.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors on behalf of the citizens of
Chesterfield County, does hereby honor the service and
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sacrifice of Sergeant Aaron Xavier Wittman by naming the West
Hundred Road Bridge in Chester the "Sergeant Aaron Xavier
Wittman Memorial Bridge."
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.2.b. ADOPTING THE CHESTERFIELD EMERGENCY OPERATIONS BASIC
PLAN, 2016 UPDATE
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, there exist dangers of many types including man-
made disasters, natural disasters and possible hostile actions
on an unknown enemy; and
WHEREAS, the safety and protection of the citizens and
property are the foremost concern to the Board of Supervisors
of Chesterfield County; and
WHEREAS, the revision of the Emergency Operations Plan
will continue to keep Chesterfield County in compliance with
the National Incident Management System; and
WHEREAS, the Board of Supervisors desires and the
Commonwealth of Virginia and Federal Government require the
adoption of appropriate planned protection measures.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of the County of Chesterfield this 24th day of
August 2016 that it hereby adopts the Chesterfield County
Emergency Operations Basic Plan for county emergency
management.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.2.c. SUPPORTING CONGRESSIONAL EFFORTS TO EXPAND THE
BOUNDARY OF PETERSBURG NATIONAL BATTLEFIELD
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS,
the Richmond,
Chesterfield, and
Petersburg
areas served
as the scenes
of some of the most
important
encounters and
battles of the
Civil War; and
WHEREAS, the Siege and Defense of Petersburg was a
critical battle of the Civil War, with significant and long-
lasting impact upon the Crater Region; and
WHEREAS, the Petersburg National Battlefield is a
valuable asset to the localities of the Crater Planning
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District, bringing more than 175,000 visitors and $8 million
of local economic activity to the area; and
WHEREAS, Chesterfield County supports the improvement,
proper management and maintenance of this important regional
asset; and
WHEREAS, there exists an opportunity to expand the
boundary of the Petersburg National Battlefield to include
additional core battlefield lands significant to this history;
and
WHEREAS, the National Defense Authorization Act (5.2943)
includes language to accomplish this goal; and
WHEREAS, the Board of Supervisors of Chesterfield County
recognizes the value this boundary modification will bring to
Petersburg National Battlefield.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors supports this boundary change for
Petersburg National Battlefield, and directs the clerk to the
board of supervisors to transmit copies of this resolution to
the appropriate congressional and federal authorities and
offices.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.2.d. RECOGNIZING MR. MARTIN BLACKWELL "BLACKIE" GORDON,
DEPARTMENT OF MENTAL HEALTH SUPPORT SERVICES, UPON
HIS RETIREMENT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Mr. Martin Blackwell "Blackie" Gordon completed
his graduate school student internship placement with the
Chesterfield County Department of Mental Health Support
Services Outpatient Services Team; and
WHEREAS, Mr. Gordon was hired by Chesterfield County
Department of Mental Health Support Services on February 13,
1989; and
WHEREAS, Mr. Gordon joined the MHSS Child and Adolescent
Services Team (CAST) on February 12, 2005; and
WHEREAS, Mr. Gordon provided clinical supervision to
graduate student interns from Virginia Commonwealth
University; and
WHEREAS, Mr. Gordon contributed clinical knowledge and
treatment expertise to the MHSS Immediate Services Team (IST)
project, a pioneering cross -team project designed to provide
access to services for individuals with the most urgent mental
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health needs; and
WHEREAS, Mr. Gordon assisted in responding to the
significant requirements for the implementation of the
Virginia Independent Clinical Assessment Project (VICAP); and
WHEREAS, Mr. Gordon participated as a founding member of
the MHSS "Think Tank" project; and
WHEREAS, Mr. Gordon assisted in the implementation of
Same Day Access, drastically improving client wait times; and
WHEREAS, Mr. Gordon was a dedicated teammate and
colleague who was often sought out for clinical consultations
and peer supervision and assisted fellow colleagues in
obtaining professional licensure; and
WHEREAS, Mr. Gordon utilized considerable clinical
knowledge and treatment experience to assist Chesterfield
County youths and families; and
WHEREAS, Mr. Gordon demonstrated compassion, empathy and
understanding and will be greatly missed by individuals served
and co-workers alike.
NOW THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. Martin Blackwell "Blackie" Gordon and
extends appreciation, on behalf of its members and the
citizens of Chesterfield County, for more than 27 years of
dedicated service to the county, congratulations upon his
retirement, and best wishes for a long, happy and healthy
retirement.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.3. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT FUNDS
FROM THE FINANCIAL ASSISTANCE FOR EMERGENCY MEDICAL
SERVICES GRANT PROGRAM, KNOWN AS THE RESCUE SQUAD
ASSISTANCE FUND
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
authorized the Fire and EMS Department to receive and
appropriate up to $46,512 in grant funds from the Financial
Assistance for Emergency Medical Services Grant Program, known
as the Rescue Squad Assistance Fund, for the purchase of three
cardiac monitor/defibrillators.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.4. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A HEALTH
CARE CONTRACT WITH ANTHEM BLUE CROSS AND BLUE SHIELD
AND RENEW THE DENTAL CONTRACT WITH DELTA DENTAL OF
VIRGINIA FOR 2017
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
authorized the County Administrator to execute the county's
contract with Anthem Blue Cross and Blue Shield and renew the
contract with Delta Dental of Virginia for 2017.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.5. APPROVAL OF POLICE DEPARTMENT TOWING CONTRACT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved the Chesterfield County Police Department Towing
Contract. (A copy of the contract is filed with the papers of
this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.6. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.B.6.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
POLICE DEPARTMENT FOR TRAFFIC CONTROL DURING THE
CHESTER KIWANIS CLUB'S ANNUAL CHRISTMAS PARADE
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
transferred $6,997 from the Bermuda District Improvement Fund
to the Police Department for traffic control during the
Chester Kiwanis Club's Annual Christmas Parade.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.6.b. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE FOOTBALL HELMETS FOR THE
MEADOWBROOK HIGH SCHOOL FOOTBALL PROGRAM
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
transferred $2,100 from the Dale District Improvement Fund to
the Chesterfield County School Board to purchase football
helmets for the Meadowbrook High School football program.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.6.c. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO IMPROVE A PATHWAY
CONNECTING ROXSHIRE AND BRIARWOOD NEIGHBORHOODS
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
transferred $3,000 from the Midlothian District Improvement
Fund to the Parks and Recreation Department to improve a
pathway connecting Roxshire and Briarwood neighborhoods.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.7. REQUEST FOR PERMIT TO STAGE A FIREWORKS DISPLAY AT THE
LAKE CHESDIN END OF SUMMER CELEBRATION
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved a permit to stage a fireworks display for the Lake
Chesdin End of Summer Celebration on Saturday, August 27,
2016, with a rain date of September 3, 2016.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.8. ACCEPTANCE OF PARCELS OF LAND
8.B.8.a. FOR MAGNOLIA MARKET AVENUE FROM 6801 WOOLRIDGE ROAD-
MOSELEY LP
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
accepted the conveyance of three parcels of land containing a
total of 6.978 acres for the right of way dedication needed
for Magnolia Market Avenue from 6801 Woolridge Road -Moseley
LP, 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, Holland and Haley.
Nays: None.
8.B.8.b. FOR THE EXTENSION OF WOOLRIDGE ROAD AND CREEKSHIRE
DRIVE FROM 6801 WOOLRIDGE ROAD-MOSELEY LP
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
accepted the conveyance of three parcels of land containing a
total of 9.592 acres for the extension of Woolridge Road and
Creekshire Drive from 6801 Woolridge Road -Moseley LP, 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, Holland and Haley.
Nays: None.
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8.B.8.c. FOR MAGNOLIA MARKET AVENUE FROM MG APARTMENTS PARCEL
3 LLC
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
accepted the conveyance of a parcel of land containing 0.005
acres for the right of way dedication needed for Magnolia
Market Avenue from MG Apartments Parcel 3 LLC, 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, Holland and Haley.
Nays: None.
8.B.8.d. ALONG OLD STAGE ROAD AND COXENDALE ROAD FROM
VIRGINIA ELECTRIC AND POWER COMPANY
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
accepted the conveyance of a parcel of land containing 0.364
acres along Old Stage Road and Coxendale Road from Virginia
Electric and Power Company, 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, Holland and Haley.
Nays: None.
8.B.9. REQUESTS FOR PERMISSION
8.B.9.a. FROM LAKEWOOD INVESTMENTS, LLC FOR A SIGN TO
ENCROACH WITHIN A SIXTEEN -FOOT WATER EASEMENT ON
PROPERTY ON LAKE MARGARET DRIVE WITHIN LAKE
MARGARET, SECTION 1
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
granted Lakewood Investments, LLC permission for a proposed
sign to encroach within a 16 foot water easement on property
at 12801 Lake Margaret Drive within Lake Margaret, Section 1,
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, Holland and Haley.
Nays: None.
8.B.9.b. FROM DAVID J. DEGONIA AND MARSHA K. DEGONIA, BRENT
P. DEGONIA AND ASHLEY B. DEGONIA AND MARSHA DEGONIA
FOR AN EXISTING TWENTY -FIVE-FOOT DRIVEWAY TO
ENCROACH WITHIN A FIFTY -FOOT UNIMPROVED COUNTY RIGHT
OF WAY KNOWN AS DEGONIA WAY
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
'APIV, granted David J. Degonia and Marsha K. Degonia and Ashley B.
Degonia and Marsha Degonia permission for an existing 25 -foot
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driveway to encroach within a 50 -foot unimproved county right
of way known as Degonia Way, 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, Holland and Haley.
Nays: None.
8.B.9.c. FROM JOSEPH R. BARCO, JR. AND STACY R. BARCO FOR A
PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT
EASEMENT FOR SWIFT CREEK RESERVOIR
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
granted Joseph R. Barco, Jr. and Stacy R. Barco 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, Holland and Haley.
Nays: None.
8.B.9.d. FROM MICHAEL F. SALE AND WENDY N. SALE FOR THE
REPLACEMENT OF AN EXISTING BOAT DOCK IN THE
IMPOUNDMENT EASEMENT FOR SWIFT CREEK RESERVOIR
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
granted Michael F. Sale and Wendy N. Sale permission for the
replacement of an existing boat dock 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, Holland and Haley.
Nays: None.
8.B.9.e. FROM ROBERT H. STANTON AND MARGARET R. STANTON FOR A
PROPOSED BOAT DOCK TO ENCROACH IN THE IMPOUNDMENT
EASEMENT FOR SWIFT CREEK RESERVOIR
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
granted Robert H. Stanton and Margaret R. Stanton 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, Holland and Haley.
Nays: None.
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8.B.9.f. FROM MICHAEL J. TASHJIAN AND BETTY M.TASHJIAN TO
REPLACE AND EXTEND A BOAT DOCK IN THE IMPOUNDMENT
EASEMENT FOR SWIFT CREEK RESERVOIR
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
granted Michael J. Tashjian and Betty M. Tashjian permission
to replace and extend a boat dock 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, Holland and Haley.
Nays: None.
8.B.10. RENEWAL OF LEASE WITH HUGUENOT ROAD BAPTIST CHURCH
FOR SENIOR CITIZEN PROGRAMS
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
authorized the County Administrator to execute a lease
agreement with Huguenot Road Baptist Church to provide senior
citizen programs.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.11. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN -FOOT
WATER EASEMENT AND PORTION OF A SIXTEEN -FOOT SEWER
EASEMENT ACROSS PROPERTY OF HUGUENOT TOWNEPLACE, LLC
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16 -foot water easement and portion of a 16 -foot
sewer easement across property of Huguenot Towneplace, LLC.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.12. AWARD OF ANNUAL REQUIREMENTS CONTRACTS FOR
PROFESSIONAL ENVIRONMENTAL AND OCCUPATIONAL HEALTH
AND SAFETY ENGINEERING SERVICES FOR CHESTERFIELD
COUNTY
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
authorized the Director of Purchasing to execute annual
requirements contracts with Faulkner and Flynn dba MMA
Environmental, Aegis Environmental, Inc., Golder Associates,
Inc., EEE Consulting, Inc. and JMT, Inc. to provide
professional, environmental and occupational health and safety
engineering services for Chesterfield County.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.13. ACCEPTANCE OF STATE ROADS
On motion of Mr. Holland, seconded by. Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, 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: Tarrington Section 13
Type Change to the Secondary System miles of State Highways:
ArlA i t i nn
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Kendal Crossing Terrace, State Route Number 7896
From: Kendal Crossing Lane, (Route 7895)
To: Cul -de -Sac, a distance of: 0.06 miles.
Recordation Reference: Plat Book 227, Page 88
Right of Way width (feet) = 44
• Kendal Crossing Terrace, State Route Number 7896
From: Kendal Crossing Lane, (Route 7895)
To: Cul -de -Sac, a distance of: 0.15 miles.
Recordation Reference: Plat Book 227, Page 88
Right of Way width (feet) = 44
• Kendal Crossing Lane, State Route Number 7895
From: Ashwell Drive, (Route 5843)
To: Kendal Crossing Terrace, (Route 7896), a distance of:
0.05 miles.
Recordation Reference: Plat Book 227, Page 88
Right of Way width (feet) = 44
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.14. APPROVAL OF STREET NAME CHANGES IN HALLSLEY SECTION
21
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved the request to rename the recorded streets in the
Hallsley Section 21 subdivision. The two streets to be renames
are: Hobbard Hill Road to Ascot Hill Lane and Rockside Terrace
to Ascot Hill Terrace.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.15. APPROPRIATION OF FUNDS FROM THE TELECOMMUNICATIONS
RESERVE FOR THE UPGRADE OF THE AVAYA TELEPHONE SWITCH
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
appropriated $833,568 from the telecommunications reserve for
the purchase of an upgrade for the Avaya telephone switch from
Arrow Electronics.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.16. SET DATES FOR PUBLIC HEARINGS
8.B.16.a. TO CONSIDER THE FY2018 TRANSPORTATION ALTERNATIVES
PROJECT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
set a public hearing date of September 28, 2016, to consider
the FY2018 Transportation Alternatives Project and authorized
the advertisement for that hearing.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.16.b. TO CONSIDER AMENDMENTS TO SECTION 16-2 OF THE
LINTY CODE RELATING TO APPROVAL OF LICENSE
AGREEMENTS BY THE TY XnMINISTRATOR OR HIS
DE I NEE
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
set a public hearing date of September 28, 2016, to consider
amendments to the County Code Section 16-2 regarding approval
of license agreements by the County Administrator or his
designee.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.17. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT AND
CHANGE ORDERS FOR THE BELMONT ROAD BELRUN ROAD TO
LAMPLIGHTER DRIVE SIDEWALK PROJECT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
authorized the Director of Purchasing to award a construction
contract, up to $280,000, 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, Holland and Haley.
Nays: None.
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8.B.18. APPROPRIATION OF FUNDS, AUTHORIZATION TO EXECUTE
AGREEMENTS AND AUTHORIZATION TO PROCEED WITH DESIGN
AND RIGHT-OF-WAY ACTIVITIES FOR THE ROUTE 360
EASTBOUND (LONAS PARKWAY TO CASTLE ROCK ROAD)
WIDENING PROJECT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
appropriated $5.5 million in anticipated VDOT reimbursements
for the Route 360 Eastbound (Zonas Parkway to Castle Rockwood
Widening Project); authorized the County Administrator to
enter into the customary VDOT/county agreements/contracts,
permits/mitigation agreements, and VDOT 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, Holland and Haley.
Nays: None.
8.B.19. AUTHORIZATION TO APPROPRIATE FUNDS, TRANSFER FUNDS,
AND AWARD A CONSTRUCTION CONTRACT AND CHANGE ORDERS
FOR THE NEWBYS BRIDGE (HAGOOD LANE TO BELMONT ROAD)
RECONSTRUCTION PROJECT
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
appropriated $149,099 in road cash proffers from Traffic Shed
7 for the Newbys Bridge (Hagood Lane to Belmont Road)
Reconstruction Project; transferred $558,901 from the
completed Manchester Fire Station Access Improvement Project;
authorized the award of a construction contract to Fielder's
Choice Enterprises for $3,358,784; 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, Holland and Haley.
Nays: None.
8.B.20. INITIATE A CODE AMENDMENT RELATING TO REQUIRED
PARKING SPACES FOR RESTAURANTS AND REFER TO PLANNING
COMMISSION FOR RECOMMENDATION
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
initiated a code amendment relating to required parking spaces
for restaurants and referred to the Planning Commission for
recommendation.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.21. REQUEST FOR ENTERTAINMENT FESTIVAL PERMIT FOR
CHESTERFEST TO BE HELD SATURDAY, SEPTEMBER 17, 2016
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved an entertainment festival permit for ChesterFest to
be held on Saturday, September 17, 2016.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
The following item was removed from the Consent Agenda for
Board discussion:
8.B.2.e. ADOPTION OF RESOLUTION NAMING THE CHESTERFIELD
CENTER FOR THE ARTS BUILDING FOR THE PERKINSON
FAMILY
Mr. Elswick noted Dr. W. Baxter Perkinson's generosity is the
largest donation to Chesterfield County for the Chesterfield
Center for the Arts Foundation. He recognized members of the
foundation, Ms. Betty Matthews, Mr. Hugh Cline and Mr. Lane
Ramsey, who were in the audience.
Mr. Cline expressed his appreciation to the Board for its
continued support and stated the donation validates the
process and will bring forth a project that citizens of
Chesterfield County can all be pleased with.
Ms. Jaeckle sincerely thanked members of the Chesterfield
Center for the Arts Foundation and their tremendous efforts
relative to the groundbreaking on the planned Chesterfield
Center for the Arts.
Mr. Holland concurred with Ms. Jaeckle's remarks.
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, W. Baxter and Elaine N. Perkinson, Jr. have
pledged $1 million dollars to the Chesterfield Center for the
Arts Foundation and is known for his generosity; and
WHEREAS, Dr. Perkinson is a local dentist with 12 offices
throughout the region including an office in Chester across
from John Tyler Community College; and
WHEREAS, Dr. Perkinson is an accomplished artist and has
donated hundreds of paintings to non-profit organizations for
auction and charity; and
WHEREAS, Dr. Perkinson has been a major civic -minded,
community benefactor, including to the VCU School of Dentistry
and Trinity Episcopal High School, both of which have
benefited greatly from the Perkinsons' generosity; and
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WHEREAS, Mr. William Baxter Perkinson, Sr. was a
decorated veteran of World War II and returned to Chesterfield
County, where he built his beloved "Ivanwood" in Matoaca "with
his own hands" and passed on to his sons "a blueprint for
life"; and
WHEREAS, Mr. Perkinson served on the Chesterfield County
Board of Zoning Appeals for 27 years and also served numerous
other community organizations including the Master of
Ceremonies for the Chesterfield Veterans Day celebrations.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes and honors the
contribution of the Perkinson family to the Chesterfield
Center for the Arts Foundation to improve the quality of life
of Chesterfield County community members and hereby renames
the Chesterfield Center for the Arts located in the Chester
Village Green, as the Baxter Perkinson Center for the Arts in
honor of the Perkinson family.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
9.C. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR ZAREMBA METRO. MIDLOTHIAN, LLC (CASE
16PD0247) TO PERMIT A SMALL CELL COMMUNICATIONS FACILITY
IN A GENERAL INDUSTRIAL (I-2) DISTRICT
9.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR KPC PROPERTIES (CASE 16PD0248) TO
PERMIT A SMALL CELL COMMUNICATIONS FACILITY IN A
RESIDENTIAL (R-7) DISTRICT
9.E. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR CHESTERFIELD COUNTY COMMUNITY SERVICES
BOARD (CASE 16PD0254) TO PERMIT A GOVERNMENT OFFICE IN A
LIGHT INDUSTRIAL (I-1) DISTRICT
9.F. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR CHESTERFIELD COUNTY PUBLIC SCHOOLS
(CASE 16PD0257) TO PERMIT A PUBLIC ELEMENTARY SCHOOL IN
AN AGRICULTURAL (A) DISTRICT
On motion of Ms. Jaeckle, seconded by Mr. Holland, 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
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Improvement Funds and Lease Purchases; a Report of Planning
Commission Substantial Accord Determination for Zaremba Metro.
Midlothian, LLC (Case 16PD0247) to Permit a Small Cell
Communications Facility in a General Industrial (I-2)
District; a Report of Planning Commission Substantial Accord
Determination for KPC Properties (Case 16PD0248) to Permit a
Small Cell Communications Facility in a Residential (R-7)
District; a Report of Planning Commission Substantial Accord
Determination for Chesterfield County Community Services Board
(Case 16PD0254) to Permit a Government Office in a Light
Industrial (I-1) District; and a Report of Planning Commission
Substantial Accord Determination for Chesterfield County
Public Schools (Case 16PD0257) to Permit a Public Elementary
School in an Agricultural (A) District.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(3),
CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE
ACQUISITION BY THE COUNTY OF REAL ESTATE FOR A PUBLIC
PURPOSE WHERE DISCUSSION IN AN OPEN MEETING WOULD
ADVERSELY AFFECT THE BARGAINING POSITION AND NEGOTIATING
STRATEGY OF THE COUNTY
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
went into closed session pursuant to Section 2.2-3711(A)(3),
Code of Virginia, 1950, as amended, to discuss the acquisition
by the county of real estate for a public purposed where
discussion in an open meeting would adversely affect the
bargaining position and negotiating strategy of the county.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Reconvening:
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
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NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in Close Session to which this
certification applies, and ii) only such business matters were
identified in the motion by which the Closed Session was
convened were heard, discussed or considered by the Board. No
member dissents from this certification.
Mr.
Winslow:
Aye.
Ms.
Haley:
Aye.
Mr.
Holland:
Aye.
Ms.
Jaeckle:
Aye.
Mr.
Elswick:
Aye.
12. DINNER
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
recessed the Room 502 for dinner with members of Friends of
the Library.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Holland announced he threw out the first pitch at the
Bronco U11 World Series on July 28 and presented the baseball
to Dr. Casey.
Reconvening:
13. INVOCATION
The Honorable Christopher Winslow, Clover Hill District
Supervisor, gave the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Deputy County Administrator Louis Lassiter led the Pledge of
Allegiance to the Flag of the United States of America.
Mr. Elswick welcomed Dr. Joseph Casey, newly appointed Count)
Administrator, to his first official Board of Supervisor;
meeting.
Dr. Casey expressed his appreciation for the welcomin
environment of county employees, citizens and local businesses
He stated he will give all his efforts, time and talents t
Chesterfield County.
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15. RESOLUTIONS
15.A. RECOGNIZING THE HONORABLE BONNIE C. DAVIS, 12TH DISTRICT
JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT JUDGE,
UPON HER RETIREMENT
Judge Jane Pemberton introduced The Honorable Bonnie C. Davis,
who was present to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Judge Bonnie C. Davis was born in Petersburg,
Virginia and raised in Ettrick, Virginia, and in 1971,
graduated from Longwood College; and
WHEREAS, upon her graduation from Longwood College, Judge
Davis became a teacher at Salem Church Junior High School in
Chesterfield County where she taught for six years; and
WHEREAS, Judge Davis attended law school at the
University of Richmond and graduated with her Juris Doctor
degree in 1980; and
WHEREAS, Judge Davis was admitted to practice in the
Supreme Court of Virginia, the United States District Court
(Eastern District of Virginia), and the United States Court of
Appeals (Fourth Circuit), and served in private practice with
William R. Keown and Associates in Chesterfield County, for
three years; and
WHEREAS, in 1983, Judge Davis became an Assistant
Commonwealth's Attorney for Chesterfield County Juvenile and
Domestic Relations District Court, prosecuting cases in both
the Juvenile and Circuit Courts until 1993; and
WHEREAS, in 1983, Judge Davis was a member of the
Metropolitan Richmond Multidisciplinary Team on Spousal Abuse
and the Chesterfield County Task Force on Child Sexual Abuse,
and also served as an adjunct instructor of Business Law at
Richard Bland College for ten years; and
WHEREAS, in 1985, Judge Davis served as a member of the
National Advisory Committee for a Theater IV production about
missing and runaway children; and
WHEREAS, from 1985 to 1986, Judge Davis served as a
consultant for Chesterfield County Public Schools on the
Attendance Review Committee; and
WHEREAS, in 1987, Judge Davis co-authored a pamphlet to
help adult defendants, victims, and their families to
understand the procedure in cases where there is an allegation
of sexual abuse, titled, 10 Steps in the Judicial Process; and
in 1988, she co-authored a pamphlet to help juvenile
defendants and their parents better understand the procedure
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in Juvenile Court criminal cases, titled, Court Procedure for
Juvenile Offenders; and
WHEREAS, in 1988, Judge Davis served as a consultant to
the Virginia Department of Children's handbook titled, Step by
Step Through the Juvenile Justice System in Virginia; and
WHEREAS, in 1992, Judge Davis was an Instructor at the
Child Sexual Abuse Training for Professionals, sponsored by
the Chesterfield -Colonial Heights Multidisciplinary Team on
Child Abuse/Neglect; and
WHEREAS, in 1993, Judge Davis was appointed as the first
female judge in Chesterfield County with her election to the
12th District Juvenile and Domestic Relations District Court;
and
WHEREAS, in 1994, Judge Davis co-authored Juvenile Law
and Practice in Virginia, First Edition; and
WHEREAS, in 1994, Judge Davis was a member of the
original advisory group appointed by the Supreme Court of
Virginia on Standards and Training for Guardians Ad Litem; and
WHEREAS, in 1994, Judge Davis was awarded the Women of
Achievement Award from the Metropolitan Richmond Women's Bar
Association; and
WHEREAS, in 1995, Judge Davis served as the Chairperson
on the Judicial Administration Committee of the Judicial
Conference for District Courts until 1997; and
WHEREAS, from 1997-2001, Judge Davis served as a member
of the Board of Governors, Family Law Section, of the Virginia
State Bar; and
WHEREAS, from 1998-1999, Judge Davis served as a member
of the Chesterfield County Public Schools Task Force on Core
Values; and
WHEREAS, from 1998-2002, Judge Davis served as a member
of the State Advisory Committee for Court Appointed Special
Advocates for Children (CASA) and the Children's Justice Act,
and also served as a member of the Advisory Board for
Chesterfield CASA from 1998-2005; and
WHEREAS, Judge Davis oversaw the construction of the.
present-day Juvenile and Domestic Relations District Court
courthouse, which stands as a model for courthouse
construction; and
WHEREAS, from 2005-2009, Judge Davis served as a member
of the Board of Governors, Senior Lawyers Conference, of the
Virginia State Bar; and
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WHEREAS, in 2009, Judge Davis was presented with the
annual Chesterfield Public Education Foundation's BRAVO! Award
to honor outstanding achievement amongst their distinguished
alumni; and
WHEREAS, from 1994-1996, 2006-2008, and 2010-2012, Judge
Davis served as the Chief Judge of the Chesterfield Juvenile
and Domestic Relations District Court; and
WHEREAS, from 2010-2014, Judge Davis was a member of the
State and Federal Judicial Council, appointed by the Chief
Justice of the Supreme Court of Virginia; and
WHEREAS, from 2009 to present, Judge Davis has served on
the Board of Governors, General Practice Section, of the
Virginia State Bar, and from 2013 to present, she has served
on the Board of Directors for the Association of District
Court Judges of Virginia; and
WHEREAS, Judge Davis has received many honors, such as
inclusion in Who's Who of American Woman, Who's Who in
American Law, Who's Who of Emerging Leaders of America, Who's
Who in America, and Who's Who in the World; and
WHEREAS, Judge Davis' legacy is her unwavering commitment
to public service and ensuring that justice is carried out to
all of Chesterfield's citizenry who come before the Juvenile
and Domestic Relations District Court; and
WHEREAS, Judge Davis exemplifies servant leadership
through her commitment to service, leadership, foresight and
justice.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 24th day of August 2016,
publicly recognizes the outstanding contributions of the
Honorable Bonnie C. Davis, expresses the appreciation of all
residents for her service to Chesterfield County and the
Commonwealth of Virginia Judicial Branch, and extends
appreciation for her dedicated service to the county and
congratulations upon her retirement, as well as best wishes
for a long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Judge Davis 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. Elswick presented the executed resolution to Judge Davis
and commended her on her many years of loyal and dedicated
service to Chesterfield County.
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Ms. Jaeckle, Mr. Winslow, Ms. Haley and Mr. Holland expressed
their appreciation to Judge Davis for her unwavering
commitment to public service and valuable professionalism and
highly praised her many contributions to the community.
Dr. Casey expressed appreciation to Judge Davis for her
exceptional and faithful service to the county and wished her
well in her retirement.
Judge Davis, accompanied by her family and colleagues,
expressed her appreciation to the Board for the special
recognition and kind sentiments.
15.B. RECOGNIZING MR. ROBERT V. CLAY, PLANNING DEPARTMENT,
UPON HIS RETIREMENT
Mr. Turner introduced Mr. Robert V. Clay, who was present to
receive the resolution.
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Mr. Robert V. Clay retired from the Chesterfield
Planning Department on July 1, 2016 after 29 years of
dedicated service; and
WHEREAS, Mr. Clay, during his college career at North
Carolina Agricultural and Technical State University, joined,
the United States Army reserves, and then entered active duty'
following college graduation with a Bachelor of Science Degree
in Landscape Architecture; and
WHEREAS, Mr. Clay served our country for 23 years from
1979 to 2003 as a 2nd Lieutenant, 1st Lieutenant, Captain and
Captain Major, 16 years of which were during his tenure with
Chesterfield County; and
WHEREAS, Mr. Clay began his service in 1987 as a Planner,
assisting with rezoning and site plan processes, and guiding
the community with development processes; and
WHEREAS, through his hard work and dedication, Mr. Clay
rose through the ranks of the Planning Department, serving inl
positions of Senior Planner, Principal Planner, Planning
Administrator, and Zoning and Special Project Manager, during
which time the county grew from 182,000 to 337,000 residents;
and
WHEREAS, during his tenure, Mr. Clay managed special
projects and site and subdivision plan review; his primary
responsibility was the management of Izoning proposals,
attending in excess of 700 Planning Commission and Board of
Supervisors public hearings, and an untold number of community
meetings during which he helped shaped the county into a
prosperous, well-planned First Choice community; and
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WHEREAS, during his career, Mr. Clay assisted with the
implementation of numerous improvements to the zoning process,
including pre -application meetings with zoning applicants;
Planning Commission By -Laws revisions; policies for cellular
communication tower siting and Substantial Accord
determinations; and numerous zoning ordinance and
comprehensive plan amendments; and
WHEREAS, Mr. Clay forged effective working relationships
with the Planning Commission, Board of Supervisors, citizen
groups and the development community; and
WHEREAS, Mr. Clay worked tirelessly coordinating team
review of zoning cases by 18 different county departments and
state agencies; and
WHEREAS, Mr. Clay continuously exerted a positive
attitude and provided exemplary customer service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 24th day of August 2016,
publicly recognizes the contributions of Mr. Robert V. Clay,
and extends on behalf of its members and the citizens of
Chesterfield County, appreciation for his service to the
county and congratulations upon his retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Clay 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. Elswick presented the executed resolution to Mr. Clay and
commended him on his many years of loyal and dedicated service
to Chesterfield County and to the country.
Ms. Jaeckle, Mr. Winslow, Mr. Holland and Ms. Haley expressed
their appreciation to Mr. Clay for his diligent service and
valuable professionalism and highly praised his many
contributions to the community.
Dr. Casey presented Mr. Clay with an acrylic statue and county
watch, expressed appreciation for his exceptional and faithful
service to the county and wished him well in his retirement.
Mr. Clay, accompanied by his family, expressed his
appreciation to the Board for the special recognition and kind
sentiments.
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16. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Dave Anderson sincerely thanked the Board members for
their service and expressed the importance of maintaining the
current quality of life in Chesterfield County.
Ms. Judy Stoneman expressed concerns relative to increased
traffic associated with development in the Chester area.
17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING
ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE
APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL
BE HEARD AT SECTION 19
16SN0704
In Clover Hill Magisterial District, Sports Frog, LLC, HMG
Investments, LLC and Waterford Business Center, LC request
rezoning from Community Business (C-3) and Light Industrial
(I-1) to Regional Business (C-4) with conditional use to
permit multifamily, townhouse, exposition center, stadium,
arena, outside storage, public address system, electronic
message center signs and brewery uses, and conditional use
planned development to permit boat sales/service/repair, model
homes and exceptions to ordinance requirements and amendment
of zoning district map on 105.2 acres located in the northeast
and northwest quadrants of Genito Road and Genito Place at Rt.
288. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Regional Mixed use. Tax IDs 731-
689-5633, Part of 731-691-3176, 732-688-0178 and 732-689-5376.
Mr. Turner stated staff is requesting a deferral to the
September 28, 2016 regularly scheduled meeting.
Mr. Jack Wilson, representing the applicant, accepted the
deferral.
Ms. Jaeckle inquired about the double advertisement of the
public hearing.
Mr. Elswick called for public comment.
There being no one to address the deferral, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
deferred Case 16SN0704 until September 28, 2016.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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In Matoaca Magisterial District, HSAT, L.L.C. requests a
conditional use to permit lumber products manufacturing and
amendment of zoning district map in an Agricultural District
on 1.5 acres fronting 30 feet on the southeast line of Hull
Street Road, 7,150 feet north of Sappony Road. Density will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for Rural Residential/Agricultural use. Tax ID 685-662 Part of
3606.
Mr. Turner presented a summary of Case 16SN0710 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Mr. Jeff Hoke accepted the conditions.
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 16SN0710, subject to the following conditions:
1. Non -Transferable Ownership: This Conditional Use approval
shall be granted exclusively to Jeffrey Dean Hoke, and
shall not be transferable or run with the land. (P)
2. Use: This Conditional Use approval shall be for the
operation of a lumber product's manufacturing business
and storage yard. (P)
3. Time Limitation: This Conditional Use approval shall be
granted for a period not to exceed ten (10) years from
the date of approval. (P)
4. Existing Building and Storage: No additions or
alterations to the existing building (5,287 square feet
building - 70.3 feet X 75.2 feet - as identified on
Exhibit A) shall be permitted to accommodate the use. No
other buildings or structures shall be permitted.
Outside storage of the lumber products shall be permitted
in compliance with Zoning Ordinance requirements. All
equipment shall be stored in the existing building. (P
and BI)
5. Employees: A maximum of three (3) employees shall be
permitted to work on the premises. (P)
6. Signage: Only (1) sign with a maximum area of fifteen
(15) square feet and a maximum height of six (6) feet
shall be permitted to identify the use. (P)
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7. Hours of Operation: The business shall be permitted to
operate Monday through Friday from 8 a.m. to 6 p.m. and
on Saturdays from 8 a.m. to 5 p.m. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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In Bermuda Magisterial District, Chesterfield County Utilities
Department requests conditional use to permit a utility use
that requires a structure (pump station) and amendment of
zoning district map in an Agricultural (A) District on 7.4
acres fronting 40 feet on the eastern terminus of Hubert Lane.
Density will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Industrial use. Tax ID 829 -644 -Part of 2688.
Mr. Turner presented a summary of Case 16SN0720 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Mr. George Hayes, Director of Utilities, accepted the
conditions.
In response to Mr. Winslow's question, Mr. Hayes stated the
proposed wastewater pump station will have a pumping capacity
of 4 million gallons per day.
Mr. Elswick called for public comment.
Mr. James Bishop expressed concerns relative to truck traffic
impacts on Spruce Avenue.
In response to Mr. Bishop's concerns, Mr. Hayes stated trucks
would access the pump station through Allied Road.
In response to Ms. Jaeckle's question, Mr. Hayes stated he was
mistaken; county access would be made through Hubert Lane, not
Allied Road.
In response to Mr. Elswick's question, Mr. Hayes stated truck
access would be coordinated with the Transportation
Department.
Discussion ensued relative to the possibility of traffic
impacts on Spruce Avenue.
There being no one else to address the issue, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
deferred Case 16SN0720 until September 28, 2016.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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16SN0721
In Matoaca Magisterial District, Rachel Victoria Mullins and
James Dale Mullins request rezoning from Residential (R-88) to
Agricultural (A) of 54.1 acres fronting 385 feet on the south
line of Hickory Road, approximately 1,315 feet west of Graves
Road. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Residential Agricultural use
(maximum of 0.5 dwellings per acre). Tax ID 767-623-3921.
Mr. Turner presented a summary of Case 16SN0721 and stated
both the Planning Commission and staff recommended approval
and acceptance of the one proffered condition.
Mr. James Mullins 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. Elswick, seconded by Ms. Haley, the Board
approved Case 16SN0721 and accepted the following proffered
condition:
The property shall not be further subdivided, including any
family subdivisions. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0723
In Dale Magisterial District, Wilfredo Vargas requests
conditional use to permit a business (automobile towing)
incidental to a dwelling in a Residential (R-7) District on .5
acre known as 7520 Ponce De Leon Road. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Suburban Residential II use. Tax ID 783-677-0728.
Mr. Turner presented a summary of Case 16SN0723 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Mr. Wilfredo Vargas accepted the conditions.
Mr. Elswick called for public comment.
Mr. Richard Mosser, adjacent property owner, expressed
concerns relative to traffic safety issues due to the narrow
roadway. He urged the Board to deny the request.
Ms. Donna Manuel, nearby property owner, expressed concerns
relative to traffic safety issues caused by the applicant's
tow truck. She also expressed concerns regarding code
violations and parking on an adjacent graveyard site.
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08/24/16
Mr. Edward Parker, nearby property owner, expressed concerns
relative to code violations and traffic safety issues caused
by the applicant's tow truck. He urged the Board to deny the
request.
Mr. Vargas stated the debris left behind by the previous
property owner has been disposed of.
In response to Mr. Holland's questions, Mr. Vargas stated he
keeps the tow truck in his driveway. He further stated he has
lived at the residence for a year and has had the truck on the
premises for six months.
In response to Ms. Haley's question, Mr. Vargas stated he
currently has four vehicles on the property, which he owns.
In response to Mr. Elswick's question, Mr. Vargas stated he
does not store towed vehicles on his property.
In response to Ms. Jaeckle's question, Mr. Vargas stated only
one vehicle was left behind by the previous property owner.
In response to Mr. Winslow's question, Mr. Vargas stated he
understands that the conditional use will be granted for a
period of one year and only one tow truck is permitted to be
parked on the property, which cannot exceed nineteen feet in
length.
In response to Ms. Jaeckle's question, Mr. Vargas stated the
location of his business is temporary until he can find a more
appropriate venue.
In response to Mr. Holland's question, Mr. Vargas stated he
has not had any conflicts with his immediate neighbors since
he has lived at the residence.
Ms. Barbara Long, adjacent property owner, expressed concerns
relative to code violations and vehicles parked along her
property line near the graveyard.
There being no one else to address the issue, the public
hearing was closed.
In response to Mr. Holland's question, Ms. Peterson stated a
community meeting was conducted; however, no one was in
attendance. She further stated one letter of opposition was
received from an adjacent out-of-state property owner.
In response to Ms. Jaeckle's question, Ms. Peterson stated the
applicant distributed letters to adjoining property owners for
notification.
In response to Mr. Holland's question, Ms. Peterson stated the
applicant indicated he had distributed the notification
letters.
Mr. Holland noted there has not been an incident in six months
and the conditions recommend a time limit conditioned for one
year.
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In response to Mr. Holland's questions, Mr. Vargas stated he
plans to move his business when he finds an appropriate venue.
Mr. Holland stated the conditions are favorable and
acceptable. He noted the Planning Commission and staff
recommended unanimous approval of the request.
Mr. Holland then made a motion, seconded by Mr. Winslow, for
the Board to approve Case 16SN0723, subject to the following
conditions:
1. Use: This Conditional Use approval shall be for the
operation of a business (automobile towing) incidental to
a dwelling. (P)
2. Non -Transferable Ownership: This Conditional Use shall be
granted to Wilfredo Vargas, exclusively, and shall not be
transferable nor run with the land. (P)
3. Time Limitation: This Conditional Use shall be granted
for a period of one (1) year. (P)
4. Vehicle: In association with the business, a maximum of
one (1) tow truck shall be permitted to be parked on the
Property. This tow truck shall not exceed nineteen (19)
feet in length and shall be parked in the existing
driveway serving the dwelling. No other vehicles,
equipment or materials associated with the business may
be parked or stored on the Property. (P)
5. Hours/Days of Operation. Hours for operating the towing
service shall be limited to between 2:00 p.m. and 8:00
p.m., Monday through Sunday. (P)
6. Automobile Repair and Storage. No towed vehicles shall
be brought to, nor stored on, the property. No vehicle
repair shall be permitted in association with this
Conditional Use. (P)
7. Improvements: No external alterations to the dwelling or
Property shall be permitted to accommodate the business.
(P)
8. Employees and Clients: No employees of the business shall
be permitted on the Property. No clients shall be
permitted on the Property. (P)
9. Signage: There shall be no signs identifying this
business use. (P)
Ayes: Elswick, Winslow and Holland.
Nays: Jaeckle and Haley.
17SN0509
In Dale Magisterial District, Chesterfield County Board of
Supervisors requests a conditional use to permit a private
school incidental to a church and amendment of zoning district
map in an Agricultural (A) District on 4.8 acres known as 4836
Cascade Street. Density will be controlled by zoning
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08/24/16
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 777-688-5927.
Mr. Turner presented a summary of Case 17SN0509 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions. He further stated as the agent for
the case, he consents to the conditions.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Holland expressed his appreciation to the Planning
Commission and staff for their efforts.
Mr. Holland then made a motion, seconded by Mr. Winslow, for
the Board to approve Case 17SN0509, subject to the following
conditions:
1. Use. The private school shall only be permitted in
conjunction with the church use. (P)
2. Enrollment for Private School. Enrollment shall not exceed
fifty (50) children. (P)
3. Development Standards. Except where the requirements of
the underlying Agricultural (A) zoning district are more
restrictive, any new development for the private school
use shall conform to the requirements of the Zoning
Ordinance for commercial uses in Emerging Growth Areas.
(P)
4. Recreational Facilities. Recreational facilities
associated with the school shall be limited to the
existing playground area identified on Exhibit A dated
July 19, 2016 which could accommodate swings, jungle gyms
or similar such facilities. The playground shall continue'
to be enclosed with a minimum of a four (4) foot tall
security fence. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0138
In Bermuda Magisterial District, Milton S. Glass requests;
renewal of manufactured home permit (Case 95SN0281) to permit
a temporary manufactured home and amendment of zoning district
map in a Residential (R-7) District on 0.4 acres known as 3012
Botone Avenue. Density is approximately 2.5 units per acre.
The Comprehensive Plan suggests the property is appropriate
for Residential use (2.51-4 units/acre). Tax ID 789-676-2598.
Mr. Turner presented a summary of Case 16SN0138 and stated
staff recommended denial because the manufactured home is no
longer in keeping with area development and the new applicant
for an existing manufactured home may set a precedent for
ownership transfer.
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Mr. Milton Glass accepted the recommendation.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Ms. Jaeckle commended Mr. Glass for improving the landscape
and appearance of his property.
Ms. Jaeckle then made a motion, seconded by Mr. Winslow, for
the Board to approve Case 16SN0138, subject to the conditions.
In response to Mr. Holland's concerns relative to subsequent
costs to the applicant, Mr. Glass stated the cost of the
zoning application was $200.
Ms. Jaeckle stated she has had several similar cases in her
district where the owner needed to come into compliance with
the conditions. She further stated the permit is granted for
two years, with initiation of the zoning case for the
remainder of the seven year term.
Mr. Elswick called for a final vote on the motion made by Ms.
Jaeckle, seconded by Mr. Winslow, for the Board to approve
Case 16SN0138, subject to the following conditions:
1. The applicant shall be the owner and occupant of the
manufactured home. (P)
2. No permanent -type living space may be added to the
manufactured home. This manufactured home shall be
skirted but shall not be placed on a permanent
foundation. (P)
3. This permit shall be granted for a period of two (2)
years. (P)
4. Should the applicant cease to reside in the manufactured
home, the manufactured home shall be removed from the
property. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0581
In Clover Hill and Midlothian Magisterial Districts, Pocoshock
Green Development, LLC requests rezoning from Residential
Townhouse (R-TH) to Residential Townhouse (R-TH) plus
conditional use planned development to permit exceptions to
ordinance requirements and amendment of zoning district map on
33.5 acres located in the southeast and southwest corners of
Pocoshock Boulevard and Elkhardt Road and along the east line
of Pocoshock Boulevard, south of Elkhardt Road. Density will
be controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Residential use (2.51 to 4.0 dwelling units per acre). Tax ID
762-700-4422.
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Mr. Turner presented a summary of Case 16SN0581 and stated the
Planning Commission recommended approval of both Request I and
Request II, noting the age -restricted development will have
limited impact on capital facilities and the proposal
represents a quality infill and revitalization development
opportunity with adequate recreation facilities. He further
stated staff recommended denial of Request I noting the
proposal fails to fully address development impacts and
appropriate active recreational facilities for residents are
not provided. He stated staff recommended approval of Request
II noting street connections to Amber Heights and Forestdale
Subdivisions would exacerbate existing drainage problems and a
similar request was approved with a previous zoning request.
Ms. Jennifer Mullen, representing the applicant, accepted the
recommendation. She stated the proposal supports infill and
revitalization efforts in and around the Surreywood
neighborhood. She noted the applicant worked closely with the
community and incorporated changes due to citizen concerns.
Mr. Mincks stated one public hearing would suffice; however,
two separate votes would be necessary. He further stated the
applicant revised Proffered Condition 6 and the modification
is a clarification within Item "b" of Proffered Condition 6.
Mr. Elswick called for public comment.
Mr. John Pride, member of Surreywood Civic Association, noted
the applicant's willingness to work with the community and
incorporate changes noted by the residents of Surreywood. He
urged the Board to approve the request.
There being no one else to address the issue, the public
hearing was closed.
Ms. Haley expressed her appreciation to members of the
Planning Commission, staff, the applicant and residents of
Surreywood for their efforts relative to the case.
Ms. Haley then made a motion, seconded by Mr. Holland, for the
Board to approve Request I of Case 16SN0581 and accept the
proffered conditions, including modified proffered condition
#6.
Mr. Holland concurred with Ms. Haley's remarks and expressed
how pleased he was with the quality and design of the project.
Mr. Elswick called for a final vote on the motion made by Ms.
Haley, seconded by Mr. Holland, for the Board to approve
Request I of Case 16SN0581 and accept the following proffered
conditions:
The Owner -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
successor or assigns, proffers that the development of the
property (the "Property") will be developed as set forth
below; however, in the event the request is denied or approved
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with conditions not agreed to by the Owner -Applicant, these
proffers shall be immediately null and void and of no further
force or effect.
The Applicant hereby proffers the following conditions:
1. Master Plan. The textual statement dated June 30, 2016 and
the following exhibits, each of which is made a part of
these proffers by this reference thereto, shall be
considered the Master Plan.
a. Exhibit A - Sheets Pg. 1, Pg. 2, and Pg.3 on the site
plan entitled "Schematic Master Plan, Pocoshock Green
Townhouse Community, Chesterfield County, Midlothian -
District", prepared by Stewart HG, and dated April 5,
2016.
b. Exhibit B - Elevations entitled "Colonial Front
Elevation", "Colonial Rear Elevation", "Craftsman Front
Elevation", and "Craftsman Rear Elevation", prepared by
Housing Design Matters, and dated November 13, 2015
("Elevation 1"), and alternative elevations entitled
"Colonial Front Elevation", "Colonial Rear Elevation",
"Craftsman Front Elevation", and "Craftsman Rear
Elevation", prepared by Housing Design Matters, dated
March 7, 2016 ("Elevation 2"). The development shall
include at least forty (406) percent of the buildings
being either Colonial or Craftsman style from Elevation
2. A minimum of fifty (506) percent of the buildings in
the development being either Elevation 1 or Elevation 2
shall be Craftsman style and a minimum of thirty (306)
percent of the buildings in the development being either
Elevation 1 or Elevation 2 shall be Colonial style. (P)
2. Age Restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Fair Housing Act, and
such other applicable federal, state or local legal
requirements, all dwelling units shall be restricted to
"housing for older persons" as defined in the Virginia Fair
Housing Law and no persons under 19 years of age shall
reside therein. (P)
3. Restrictive Covenants. Restrictive covenants shall be
recorded, and a homeowners, association established for the
enforcement of such covenants, to limit the use and
occupancy of the dwellings as specified herein, and to
provide for the maintenance of the dwelling exteriors,
landscaping, fence and improvements constructed in the
Community Amenity Area, as more particularly described
within such restrictive covenants. Restrictive covenants on
the Property shall incorporate the architectural
requirements set forth in Proffered Condition 9 herein and
shall be recorded prior to the issuance of any certificate
of occupancy. (P)
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4. Fence. The fence along Pocoshock Boulevard shall be
maintained by the owner or the Association to be free of
warping, loose/damaged/missing boards, leaning posts and
panels, mildew and other discoloration, and weeds and other
wild vegetation. (P)
5. Drainage. The drainage system shall be designed in a manner
that water shall be retained onsite and released at such a
rate that:
a. the manmade conveyance channels to Chevelle Drive
are capable of containing a 10 -year storm;
b. the existing culverts beneath Chevelle Drive shall
function in compliance with the current Virginia
Department of Transportation (VDOT) criteria for
culverts under secondary roads;
C. the 100 -year storm shall not come within twenty-five
(25) feet of any existing home located along'
Chevelle Drive; and
d. no impervious areas shall sheet flow through Amber
Heights. (EE)
6. Impacts. For each dwelling unit, the Applicant, sub-
divider, or assignee(s) shall pay the following to the
County of Chesterfield, prior to the issuance of a building
permit, for infrastructure improvements within the service
district for the property, unless state law prevents
enforcement of that timing:
a. $11,152 per dwelling unit for the period beginning
the July 1 preceding the Board of Supervisors,
approval of the case through July 1 four years
later, at which point the amount will be adjusted
for the cumulative change in the Marshall and Swift
Building Cost Index during that time period, except'
that such adjustment shall not exceed the amount of
the maximum cash proffer (less the portion of the
calculation attributable to schools) in the cash
proffer policy in effect at the time of payment.
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, except that the
adjustment shall not cause the amount to exceed the
amount of the maximum cash proffer, less the portion
of the calculation attributable to schools, in the
cash proffer policy in effect at the time of
payment.
C. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by law.
(BM)
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7. Density. The maximum number of dwelling units shall be 128.
(P)
8.Dwelling Size. The dwelling units shall have a minimum gross
floor area of 1,850 square feet. (P)
9. Architectural
Treatment. The architectural treatment of and
exterior materials for the buildings on the Property shall
be compatible and consistent with the elevations identified
as Exhibit B, with the following provisions:
a. Exterior building materials shall consist of brick,
stone, hardiplank or vinyl siding. Any vinyl siding
shall have a minimum wall thickness of 0.044 and
shall not be dutch lap in style.
b. No two buildings adjoining each other side by side
shall have identical design elements, including but
not limited to, the Craftsman or Colonial style of
building, color scheme, garage door detail, dormers
or other similar architectural details (as
determined by the Planning Department) for Elevation
1 or Elevation 2. At least two (2) of the
aforementioned design elements shall be used to
provide variation between adjoining buildings and no
two (2) adjacent or directly facing buildings shall
have identical color schemes. No more than twenty
(20%) percent of the buildings on the Property may
be identical to the building directly facing such
building.
C. No two units adjoining each other side by side shall
have identical garage doors. There shall be a
minimum of two (2) different styles of garage doors.
A minimum of two (2) units within buildings
containing five (5) units or less or a minimum of
three (3) units within buildings containing six (6)
units or more shall have garage doors with windows.
d. All front (primary) entry doors shall have a covered
porch or stoop.
e. Roof materials shall be architectural dimensional
shingles with a minimum of a thirty (30) year
warranty. (P)
10. Concept Plan Requirements. The site shall be designed as
generally depicted on the Concept Plan (Exhibit A);
provided, however the exact location of the dwellings,
streets, Community Amenity Area and other improvements
may be modified provided that the general intent of the
Concept Plan is maintained. (P)
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11. Foundations. The exposed exterior portions of any
exterior dwelling foundation below the first floor level
shall be constructed of brick or stone. (P)
12. Chimneys. No chimneys or gas vents shall be cantilevered.
The exposed portions of all fireplace chimneys shall be
of brick or stone. This proffer shall not apply to
direct vent gas fireplaces or appliances. (P)
13. Garages. All dwellings shall have a minimum of a one (1)
car garage with minimum clearspace inside of ten (10) X
eighteen (18) feet. (P)
14. Cantilevering. No architectural features shall be
cantilevered. (P)
15. Yards. All front, corner and side yards of each dwelling
unit shall be sodded and irrigated. (P)
16. Driveways. All driveways shall be asphalt or concrete.
One (1) treatment shall be selected for driveways within
the development. (P)
17. Common Area. The area(s) designed as "Community Amenity
Area" on page 2 of the Conceptual Plan shall be designed
to include pedestrian scale amenities, such as, but not
limited to: decorative paving units; pavilion; gazebo;
decorative pedestrian -style lighting; benches; landscaped
areas; plantings; plazas; gathering areas; water feature;
walking trails; garden area and other pedestrian
elements, as generally shown on the Conceptual Plan. A
pavilion, raised garden area (with storage shed), lawn
area and benches shall be constructed within the
Community Amenity Area. (P)
18. Restriction on Children's Play Facilities. The pedestrian
scale amenities associated with any multifamily use shall
not include playground equipment, play fields or other
facilities primarily associated with children's play. (P)
19. Buffers. All buffers shall be located within recorded
open space. In addition to the landscaping requirements
for the thirty-five (35) foot buffer along Pocoshock
Boulevard, a wood shadow-box or picket fence shall be
installed within the buffer. (P)
20. Street Trees. Street trees, consisting of deciduous
trees, a minimum of two and one-half (2 :�")inch caliper
at the time of planting, a maximum of forty (40) feet on
center, shall be planted along both sides of all public
roads internal to the development. (P)
21. Sidewalks and Trails. An
trails, and crosswalks
constructed within the
generally shown on the
internal system of sidewalks,
(where necessary), shall be
development in the locations
Concept Plan (Exhibit A).
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Sidewalks shall be constructed on both sides of any local
street, internal to the Property. (P)
22. Right of Way Dedication. The following right-of-way on
the Property shall be dedicated, free and unrestricted,
to Chesterfield County in conjunction with recordation of
the initial subdivision plat, or within sixty (60) days
from a written request by the Transportation Department,
whichever comes first:
a. Where the Property abuts both sides of Pocoshock
Boulevard, thirty-five (35) feet of right-of-way on
both sides of Pocoshock Boulevard measured from the
centerline;
b. Where the Property abuts only the east side of
Pocoshock Boulevard, thirty-five (35) feet of right-
of-way on the east side of Pocoshock Boulevard
measured from the centerline; and
c. Thirty-five (35) feet of right-of-way on the south
side of Elkhardt Road measured from the centerline
of that part of Elkhardt Road immediately adjacent
to the Property frontage. (T)
23. Pocoshock Boulevard Improvements. Prior to the issuance
of an occupancy permit, the following road improvements
shall be completed, as determined by the Transportation
Department:
a. Improve the east side of Pocoshock Boulevard to
provide a four (41) foot gravel (i.e., unpaved)
shoulder for the entire Property frontage.
b. Construction of additional pavement along Pocoshock
Boulevard to provide a right turn lane taper at each
approved access.
C. Overlay the full width of Pocoshock Boulevard with
one and one-half (1.5") inches of compacted
bituminous asphalt concrete, with modifications
approved by the Transportation Department. (Note:
Milling up to one and one-half (1.5") inches may be
required, to the extent determined to be necessary
by VDOT, prior to overlaying the road.)
d. Construction of a five (5') foot wide asphalt
sidewalk along the east side of Pocoshock Boulevard
for the entire Property frontage, with modifications
approved by the Transportation Department.
e. Construction of VDOT standard handicap ramps in the
southeast and southwest corners of the Pocoshock
Boulevard/ Elkhart Road intersection, and associated
painted crosswalk with modification approved by the
Transportation Department.
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f. Dedication to Chesterfield County, free and
unrestricted, of any additional right of way (or
easements) required for the improvements identified
above. (T)
24. Access. There shall be no direct vehicular access or road
connection from the Property to Lilly Drive or to
25
Cheltenham Drive. No direct vehicular access shall be
provided from the Property to Elkhardt Road. Direct
vehicular access from the Property to Pocoshock Boulevard
shall be limited to two (2) public roads. The exact
location of these accesses shall be approved by the
Transportation Department. (T)
Stormwater Management/
Basin. The stormwater
designed with a hard
around it. (EE)
Best Management Practice (BMP)
management/BMP basin shall be
surface sidewalk, path or trail
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Ms. Haley then made a motion, seconded by Mr. Winslow, for the
Board to approve Request II of Case 16SN0581, granting the
waiver to street connectivity requirements.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
16SN0725
In Matoaca Magisterial District, HCA Chippenham Hospital
requests conditional use planned development to permit two (2)
building -mounted electronic message center (EMC) signs in a
Community Business (C-3) District on 3.4 acres fronting
approximately 500 feet on the east line of Ashlake Parkway,
approximately 105 feet south of Hull Street 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 721-671-5012.
Mr. Turner presented a summary of Case 16SN0725 and stated the
Planning Commission recommended approval noting existing
vegetation reduces visibility from Hull Street Road and
allowing "wait times" to be displayed at the acute care
facility could be considered a public safety service to
citizens. He further stated staff recommended denial noting
the signs are located within a prohibited area and there is no
separation between EMCs as suggested by the EMC Policy.
Mr. Elswick called for public comment.
Mr. Freddy Boisseau, a Bermuda District resident, expressed
concerns relative to making limited use of distance between
electronic message signs unfair to certain businesses. He
urged the Board to approve the request.
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Mr. Allan Twedt, representing the applicant, noted the signs
will display the emergency room wait time only every thirty
minutes to coincide with the hospital's website.
There being no one else to address the issue, the public
hearing was closed.
Mr. Elswick expressed appreciation to Dr. Wallin, Matoaca
District Planning Commissioner, for his efforts relative to
the case and stressed the importance of displaying emergency
room wait times for the public.
Mr. Elswick then made a motion, seconded by Ms. Jaeckle, for
the Board to approve Case 16SN0725 and accept the proffered
condition.
Mr. Holland commended the Planning Commission for their
efforts relative to the case.
Discussion ensued relative to the proffered condition.
Mr. Elswick then called for a final vote on his motion,
seconded by Ms. Jaeckle, for the Board to approve Case
16SN0725 and accept the following proffered condition:
The Textual Statement, last revised July 5, 2016 shall be
considered the Master Plan. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
In Bermuda Magisterial District, Ironbridge Road Properties,
LLC requests rezoning from Corporate Office (0-2) to
Neighborhood Business (C-2) plus conditional use planned
development to permit exceptions to ordinance requirements and
amendment of zoning district map on 0.7 acre located at the
southeast corner of Iron Bridge Road and West Booker
Boulevard. Density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Office/Residential Mixed Use. Tax
IDs 780-652-1685 and 2380.
Ms. Peterson presented a summary of Case 16SN0685 and stated
the Planning Commission and staff recommended approval noting
while the Comprehensive Plan suggests the property is
appropriate for a mix of office and residential uses, the
proposed C-2 zoning is consistent with neighboring commercial
zoning along Iron Bridge Road; the applicant has proffered.
limitations on uses, hours and access provide for appropriate
land use transition on eastern edge of existing commercial
center; and as conditioned, ordinance exceptions minimize
impacts on neighboring residential use. She further stated
there was opposition present to the request at the Planning
Commission. She stated those opposed noted concerns relative
to impacts of the proposed development on the Carver Home
Sites subdivision.
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Mr. Jack Wilson, representing the applicant, stated no
prospective tenant has been identified for the property; two
community meetings were held; and proffers for fencing and
hours of operation resulted from a request of neighboring
residential owners.
Mr. Elswick called for public comment.
Mr. Rodney Coleman, adjacent property owner, expressed
concerns relative to impacts of the proposed development on
the Carver Home Sites subdivision. He urged the Board to defer
the case to address concerns of neighboring residential
owners.
Ms. Bernice Coleman, adjacent property owner, expressed
concerns relative to the potential increased traffic, impacts
on property values and lack of enhancement to the
neighborhood.
Ms. Judy Stoneman expressed concerns relative to traffic
impacts of the proposed development on the Carver Home Sites
subdivision and the area.
Mr. Jack Wilson noted two community meetings were held and
proffers for fencing and hours of operation resulted from a
request of neighboring residential owners. He stated he did
not believe a deferral was warranted.
Mr. Coleman reiterated his concerns to the Board.
There being no one else to address the issue, the public
hearing was closed.
Ms. Jaeckle noted Mr. Sloan, Bermuda Planning Commissioner,
believes the performance of the property will not materially
change given restrictions on access, uses, fencing and buffer
density.
Mr. Coleman tried numerous times to interject while Ms
Jaeckle was offering her explanation for approval of the case.
Ms. Jaeckle then made a motion, seconded by Ms. Haley, for the
Board to approve Case 16SN0685 and accept the following
proffered conditions, including Modified Proffered Condition
#1.
The property owner and applicant in this case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors and assigns, proffer that the
property under consideration (the "Property") will be
developed according to the following proffers if, and only if,
the request submitted herewith is granted with only those
conditions agreed to by the owner and applicant. In the event
this request is denied or approved with conditions not agreed
to by the owner and applicant, the proffers shall immediately
be null and void and of no further force or effect.
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1. The master plan shall be that set forth in the Textual
Statement dated July 20, 2016. (P)
2. Access. No direct vehicular access shall be provided to
Iron Bridge Road (Route 10) or west Booker Boulevard.
Access to the Property shall be through the adjacent
properties located at Tax IDs 779-652-9791 and 780-652-
0565. (T)
3. Road Improvements. Prior to the issuance of an occupancy
permit, the following road improvement shall be
completed, as determined by the Transportation
Department:
a. Construction of a sidewalk along Route 10 for the
entire Property frontage.
b. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvement identified
above. (T)
4. Prohibited Uses. The following uses shall be prohibited:
a. Automobile accessory store;
b. Automobile Self -Service Station;
C. Automobile Self -Service Station, Unmanned;
d. Convenience store;
e. Grocery store;
f. Department store;
g. Drug Store;
h. Dry Cleaning Pick Up, Drop Off and Coin Operated;
i. Funeral homes or mortuary;
j. Furniture store;
k. Gasoline Sales;
1. Health club;
M. Laundromat;
n. Meat or seafood market;
o. Rental of health and party equipment;
p. Rental of small home hardware, tools and equipment;
q. Sporting goods sales;
r. Toy store; and
S. Veterinary clinic. (P)
5. Uses shall not be open to the public between 9:00 p.m.
and 6:00 a.m. daily. (P)
6. Drainage: For any stormwater drainage that will discharge
to the eastern or southern boundary into Carver Heights
Home Subdivision, either the drainage shall be retained
and released at a rate that can be handled by the
existing stormsewer system, improvements to the
downstream stormsewer system needed to handle this
development shall be made, or the stormwater runoff shall
be diverted away from Carver Home Sites into existing
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facilities related to previously developed portions of
the land area in this zoning case. (EE)
Ayes: Elswick, Jaeckle, Winslow and Haley.
Nays: Holland.
18. PUBLIC HEARINGS
18.A. TO CONSIDER AMENDMENTS TO SECTION 9-33 OF THE COUNTY
CODE RELATING TO REAL ESTATE TAX EXEMPTION FOR DISABLED
vFTVunrrc
Mr. Mincks stated this date and time has been advertised for
the Board to consider amendments to Section 9-33 of the County
Code relating to real estate tax exemption for disabled
veterans. He further stated the 2016 General Assembly amended
the state law that requires local governments to exempt
disabled veterans and surviving spouses of military members
killed in action from local real estate taxes. He stated the
state law amendments extend property tax exemptions for
principal dwellings of disabled veterans and surviving spouses
of military members killed in action to include real property
improvements, in addition to the dwelling, that are used for
the purpose of covering motor vehicles or household goods and
personal effects as defined by state code and clarify that
when a veteran or surviving spouse's dwelling is a
manufactured home, whether or not the equipment used for
mobility have been removed, the home is exempt even if the
veteran does not own the land on which the home is located.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Winslow stressed the importance of honoring disabled
veterans and surviving spouses of military members killed in
action.
Mr. Winslow then made a motion, seconded by Mr. Holland, for
the Board to adopt the amendments to the county's ordinance
granting a real estate tax exemption for disabled veterans.
Mr. Holland concurred with Mr. Winslow's remarks.
Mr. Elswick called for a final vote on the motion of Mr.
Winslow, seconded by Mr. Holland, 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
9-33(A) OF ARTICLE II TO CHAPTER 9
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
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(1) That Chapter 9 of Code of the County of Chesterfield,
1997, as amended, is amended by the addition of two
provisions to section 9-33(a) of Article II, as added, to
read as follows:
Sec. 9-33. - Exemption from taxes on property for disabled
veterans; application for exemption.
(a) Pursuant to Code of Virginia § 58.1-3219.5 the county
hereby exempts from taxation the dwelling and up to one acre
of land upon which the dwelling is situated, including the
joint real property of husband and wife, of any veteran who
has been rated by the U.S. Department of Veterans Affairs or
its successor agency pursuant to federal law to have a 100
percent service -connected, permanent, and total disability,
and who occupies the real property as his principal place of
residence.
If the veteran owns a house that is his principal place of
residence, including a manufactured home as defined in Code of
Virginia § 46.2-100 whether or not the wheels and other
equipment previously used for mobility have been removed, such
house or manufactured home shall be exempt even if the veteran
does not own the land on which the house or manufactured home
is located. If such land is not owned by the veteran, then the
land is not exempt.
A real property improvement other than a dwelling shall also
be exempt from taxation so long as the principal use of the
improvement is to house or cover motor vehicles or household
goods and personal effects as defined in Code of Virginia §§
58.1-3503 and 58.1-3504. Such improvement shall be for other
than a business purpose.
b) The surviving spouse of a veteran eligible for the
exemption set forth in this section shall also qualify for the
exemption, so long as the death of the veteran occurs on or
after January 1, 2011, the surviving spouse does not remarry,
and the surviving spouse continues to occupy the real property
as his principal place of residence.
(c) The veteran or surviving spouse claiming the exemption
under this section shall file with the commissioner of the
revenue, on forms to be supplied by the county, an affidavit
or written statement (i) setting forth the name of the
disabled veteran and the name of the spouse, if any, also
occupying the real property, (ii) indicating whether the real
property is jointly owned by a husband and wife, and (iii)
certifying that the real property is occupied as the veteran's
principal place of residence. The veteran shall also provide
documentation from the U.S. Department of Veterans Affairs or
its successor agency indicating that the veteran has a 100
percent service -connected, permanent, and total disability.
The veteran shall be required to refile the information
required by this section only if the veteran's principal place
of residence changes. In the event of a surviving spouse of a
veteran claiming the exemption, the surviving spouse shall
also provide documentation that the veteran's death occurred
on or after January 1, 2011.
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(2) That this ordinance shall become effective on January 1,
2017.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
18.B. TO CONSIDER AMENDING REVISIONS TO CHAPTER 9 OF THE
COUNTY CODE RELATING TO TANGIBLE PERSONAL PROPERTY
TAXES
Mr. Carmody stated this date and time has been advertised for
the Board to consider amending revisions to Chapter 9 of 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.
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 Ms. Haley, the Boardi
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 9-51, 9-52, 9-54, AND 9-60
RELATING TO PAYMENT OF TANGIBLE PERSONAL PROPERTY TAXES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 9-51, 9-52, 9-54, and 9-60 of the Code of
the County of Chesterfield, 1997, as amended, are amended and
re-enacted to read as follows:
Chapter 9. FINANCE AND TAXATION
ARTICLE III. TANGIBLE PERSONAL PROPERTY TAXES
DIVISION 1. GENERAL PROVISIONS
Sec. 9-51. Payment.
(a) The tangible personal property tax levied on personal
property, including mobile homes, and the machinery
and tool tax levied on machinery and tools is due and
payable on June 5 of each calendar year; however, any
prorated tax levied on motor vehicles shall be due
and payable in accordance with sections 9-52 et seq.
Any person failing to pay such taxes on or before the
due date shall incur a penalty of ten percent which
shall be added to the amount of taxes owed from such
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taxpayer. The treasurer shall account for the penalty
collected in his settlement.
(b) All returns of tangible personal property subject to
taxation, including mobile homes, machinery and
tools, shall be filed by every person liable for the
tax with the office of the commissioner of the
revenue on forms furnished by it, on or before March
1 of each calendar year; however, every person liable
for any prorated tax shall file a return in
accordance with section 9-53. Any person failing to
file such return on or before the due date shall
incur a penalty of ten percent which shall be added
to the amount of taxes or levies due from such
taxpayer. The treasurer shall account for the penalty
collected in his settlement. There shall be no
penalty for any person liable for a prorated tax who
fails to file a return or when the property subject
to taxation is a motor vehicle or a mobile home if
the billing date is January 1, 2017 or later.
(c) In addition to the penalties provided herein, any
such taxes remaining unpaid on the first day of the
month next following the month in which such taxes
become due, shall be delinquent and shall accrue
interest at ten percent per annum.
(d) Upon a written request, the commissioner of the
revenue may extend the time for filing tangible
personal property returns. The taxpayer must submit a
request for an extension of time on or before March
1, including the reason for the extension request.
Upon receipt of such request, the commissioner of the
revenue may grant or refuse the request, and shall
notify the taxpayer of his decision. Any extension of
the filing date shall be for a fixed number of days,
but not more than 60 days.
(e) Motor vehicle, boat or trailer owners are required to
file a new personal property tax return on or before
March 1 of any tax year for which there is (i) a
change in the name or address of the person or
persons owning the vehicle; (ii) a change in the
situs of the vehicle; or (iii) any other change
affecting the assessment of the personal property tax
on the vehicle for which a tax return was previously
filed. Unless and until such a new personal property
tax return is filed, the most recent tax return filed
prior to January 1, 1996 or any return filed
thereafter shall be the basis for the assessment of a
motor vehicle boat or trailer. Motor vehicle, boat or
trailer owners are required to file a return as
stated in sections 9-51(b) and 9-53 when acquiring
one or more vehicles for which no personal property
tax return has been filed with the county.
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Sec. 9-52. Proration of personal property tax.
(a) Except for trucks and trailers with a gross vehicle
weight over 10,000 pounds which are used in
interstate commerce the tangible personal property
tax shall be levied upon motor vehicles which have
acquired a situs within the county after January 1
for the balance of the tax year. Such tax shall be
prorated on a monthly basis. The tax is due within 30
days of the date of the treasurer's bill. Any person
failing to pay any taxes on or before the due date
shall incur penalties and interest as set forth in
section 9-51.
(b) When any person acquires a motor vehicle with situs
in the county after January 1 or after the day on
which it acquired situs ("situs day"), the tax shall
be assessed for the portion of the tax year during
which the new owner owns the motor vehicle and it -has
situs in the county.
(c) When any motor vehicle loses its situs after January
1 or its situs day, the tax shall be relieved and
shall be refunded if it has already been paid.
However, no refund will be made if the situs of the
vehicle becomes a Virginia locality that does not
prorate personal property tax.
(d) When any person sells or otherwise transfers title to
a motor vehicle with a situs in the county after
January 1 or its situs day, the tax shall be relieved,
on a prorated monthly basis, and the relieved tax
already paid shall be refunded.
(e) For the purposes of proration under section 9-52(a)
through (d), a period of one-half of a month or more
shall be counted as a full month and a period of less
than one-half of a month shall not be counted.
(f) Any refund shall be made within 30 days from the
county's determination that the tax is properly
relieved. Any refund due under section 9-52(c) and
(d) may be credited against the tax due on any motor
vehicle owned by the taxpayer during the same tax
year.
0 0 0
Sec. 9-54. Minimum assessments.
The commissioner of the revenue shall not make an assessment
under the provisions of this article if the assessment would
result in issuing a tax bill for less than $10.00.
0 0 0
DIVISION 2. EXEMPTIONS
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Sec. 9-60. General provisions.
The following household goods and personal effects of county
residents are hereby exempt from taxation as tangible personal
property:
(a) Bicycles and mopeds as defined by Code of Virginia,
§ 46.2-100.
(b) Household and kitchen furniture, including gold and
silver plates, plated ware, watches and clocks,
sewing machines, refrigerators, automatic
refrigerating machinery of any type, vacuum cleaners
and all other household machinery, books, firearms
and weapons of all kinds.
(c) Pianos, organs, phonographs, record players and
records to be used therewith, musical instruments of
whatever kind, radio, television and other home
entertainment equipment.
(d) Oil paintings, pictures, statuary, curios, articles
of virtue and works of art.
(e) Diamonds, cameos or other precious stones and all
precious metals used as ornaments or jewelry.
(f) Sporting and photographic equipment.
(g) Clothing and objects of apparel.
(h) Computers and accompanying equipment not used in a
business.
(i) All other tangible personal property used by an
individual or a family or household incident to
maintaining an abode.
(j) Privately owned pleasure boats and watercraft,
nonmotorized and under 18 feet, used for personal
recreational purposes only.
(2) That this ordinance shall become effective on January 1,
2017.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
18.C. TO CONSIDER AN ELIMINATION TO CHAPTER 13 OF THE COUNTY
CODE RELATING TO THE REGISTRATION OF ANTIQUE VEHICLES
Mr. Carmody stated this date and time has been advertised for
the Board to consider an elimination to Chapter 13 of the
County Code relating to the registration of antique vehicles.
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
adopted the following ordinance:
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AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY REPEALING
SECTION 13-56 RELATING TO ANTIQUE MOTOR VEHICLES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 13-56 of the Code of the County of
Chesterfield, 1997, as amended, is repealed:
Chapter 13 MOTOR VEHICLES AND TRAFFIC
ARTICLE IV. COUNTY VEHICLE LICENSES AND OTHER REQUIREMENTS
Sec. 13-56. Reserved.
(2) That this ordinance shall become effective on January 1,
2017.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
18.D. TO CONSIDER A REVISION TO CHAPTER 6 OF THE COUNTY CODE
RELATING TO BUSINESS LICENSES
Mr. Carmody stated this date and time has been advertised for
the Board to consider a revision to Chapter 6 of the County
Code in order 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 annual basis
to increases, if any, in the core consumer price index (CPI),
and to replace the graduated late filing penalty structure
with a flat ten percent penalty.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Winslow stated because the tax is based on total net
proceeds of the business, it tends to be bias against start-up
businesses. He further stated raising the threshold will
target relief for those small businesses.
Mr. Winslow then made a motion, seconded by Mr. Holland, for
the Board to adopt the ordinance.
Mr. Holland concurred with Mr. Winslow's remarks.
Mr. Elswick called for a final vote on the motion made by Mr.
Winslow, seconded by Mr. Holland, for the Board to adopt the
following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 6-4, 6-15, AND 6-23 RELATING TO
BUSINESS LICENSE FEES, DUE DATES AND PENALTIES,
AND IMPOSITION OF TAXES GENERALLY
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BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 6-4, 6-15, and 6-23 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted to read as follows:
Chapter 6. BUSINESS LICENSES
ARTICLE I. GENERAL PROVISIONS
Sec. 6-4. License fees.
a. Every person engaged in a business which is licensable
pursuant to this chapter shall pay an annual fee if the
total gross receipts, or gross purchases in the case of
wholesale merchants, from the licensable business
activity are $10,000.00 or more, but less than
$300,000.00 ("License Fee Cap"), during the base year. An
annual license fee shall be paid for each licensable
business activity. The annual fee shall be calculated as
follows:
Gross Receipts/Purchases of Fee
Each Licensable Business
Activity
$1.00—$9,999.99 $ 0.00
$10,000.00—$299,999.99
$10.00
b. The License Fee Cap provided in subsection (a) shall
increase each year by the same annual percentage
increase, if any, in the CPI -U (All Items excluding fuel
and energy) (1982-84 = 100) from the prior year.
. . .
Sec. 6-15. Due dates and penalties.
(a) Each person subject to licensure under this chapter
shall apply for a license and pay the applicable tax
and fee prior to beginning business if he was not
subject to licensure in the county on or before
January 1 of the license year, or no later than
March 1 of the license year if he was subject to
licensure in the county prior to January 1 of the
license year.
(b) A penalty of ten percent of the unpaid tax and fee
or $2.00, whichever is greater, shall be imposed
upon the failure to pay the tax and/or fee on or
before March 1 if the person was in business prior
to January 1 of the license year or began business
before February 1 of the license year; or within one
month of beginning business if the person began
business after January 31 of the license year. In
the case of an assessment of additional tax made by
the commissioner of the revenue, if the application
and, if applicable, the payment were made in good
faith and the understatement of the tax was not due
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to any fraud, reckless or intentional disregard of
the law by the taxpayer, there shall be no late
payment penalty assessed with the additional tax. If
any assessment of tax by the commissioner of the
revenue is not paid within 30 days, the treasurer
may impose a ten percent late payment penalty. If
the failure to file or pay was not the fault of the
taxpayer, the penalty shall not be imposed, or if
imposed, shall be abated by the commissioner of the
revenue. In order to demonstrate lack of fault, the
taxpayer must show that he acted responsibly and
that the failure was due to events beyond his
control.
"Acted responsibly" means that: (i) the taxpayer exercised
the level of reasonable care that a prudent person would
exercise under the circumstances in determining the filing
obligations for the business and (ii) the taxpayer undertook
significant steps to avoid or mitigate the failure, such as
attempting to prevent a foreseeable impediment, acting to
remove an impediment once it occurred, and promptly rectifying
a failure once the impediment was removed or the failure was
discovered.
"Events beyond the taxpayer's control" include, but are not
limited to, the unavailability of records due to fire or other
casualty; the unavoidable absence (e.g., due to death or
serious illness) of the person with the sole responsibility
for tax compliance; or the taxpayer's reasonable reliance in
good faith upon erroneous written information from the
commissioner of the revenue who was aware of the relevant
facts relating to the taxpayer's business when he provided the
erroneous information.
(c) Interest shall be charged on the late payment of the
tax and fee from the due date until the date paid
without regard to fault or other reason for the late
payment. For persons who were in business in the
county prior to January 1 of the license year,
interest shall be assessed on the unpaid balance on
April 1 of the license year and thereafter on the
first day of each following month on the unpaid
balance. For persons who were not in business in the
county on January 1 of the license year, interest
shall be assessed on the unpaid balance on the first
day of the month after the month in which such
taxpayer became delinquent, and thereafter on the
first day of each following month on the unpaid
balance. Whenever an assessment of additional or
omitted tax or fee by the commissioner of the
revenue is found to be erroneous, all interest and
penalty charged and collected on the amount of the
assessment found to be erroneous shall be refunded
together with interest on the refund from the date
of payment or the due date, whichever is later.
Interest shall be paid on the refund of any license
tax or fee from the date of payment or due date,
whichever is later, whether attributable to an
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amended return or other reason. Interest on any
refund shall be paid at the same rate charged under
Code of Virginia, § 58.1-3916.
No interest shall be paid on a refund or charged on a late
payment, provided the refund or the late payment is made not
more than 30 days from the date of the payment that created
the refund or the due date of the tax, whichever is later.
(d) The commissioner of the revenue may, on or before
the due date, grant an extension of time, not to
exceed 90 days, in which to file an application for
a license, for reasonable cause. The extension shall
be conditioned upon the timely payment of a
reasonable estimate of the appropriate tax, subject
to adjustment to the correct tax at the end of the
extension together with interest from the due date
until the date paid and, if the estimate submitted
with the extension is found to be unreasonable under
the circumstances, a penalty of ten percent of the
portion paid after the original due date.
(e) No business license shall be issued until the
applicant has produced satisfactory evidence that
all delinquent business license, personal property,
and transient occupancy taxes owed by the business
to the county have been paid which have been
properly assessed against the applicant by the
county, or the business has entered into a payment
plan acceptable to the county for the payment of
such delinquent taxes and is not delinquent in
making payments under such plan. If a business is
issued a business license because it has entered
into a payment plan, and the business defaults under
such payment plan, its license shall be revoked in
accordance with section 6-20 of this chapter and a
new business license shall not be issued to such
business until all properly assessed delinquent
taxes owed by the business to the county have been
paid.
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ARTICLE II. TAX RATES FOR LICENSE TAXES
COMPUTED UPON BASE YEAR GROSS RECEIPTS
Sec. 6-23. Imposition of taxes generally.
a. No tax shall be levied pursuant to this article on any
business whose base year gross receipts, or gross
purchases in the case of wholesale merchants, were less
than $300,000.00. If the base year gross receipts of the
licensable business activity are greater than or equal to
$300,000.00 ("License Cap Fee"), the amount of such gross
receipts shall be reduced by $300,000.00 for the purpose
of calculating the applicable tax and the business shall
pay the tax on the reduced amount or a license fee of
$10.00, whichever is greater. The $$300,000.00 reduction
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shall not apply to any estimates made under section 6-24
but shall apply to the correction of such estimates.
b. The License Fee Cap provided in subsection (a) shall
increase each year by the same annual percentage
increase, if any, in the CPI -U (All Items excluding fuel
and energy) (1982-84=100) index from the prior year.
(2) That this ordinance shall become effective on January 1,
2017.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
18.E. TO CONSIDER THE APPROPRIATION OF FUNDS FOR THE ROUTE 10
(BERMUDA TRIANGLE ROAD TO MEADOWVILLE ROAD) SUPERSTREET
PROJECT
Mr. Smith stated this date and time has been advertised for
the Board to consider the appropriation of $38,316,354 in
anticipated VDOT reimbursements for the Route 10 (Bermuda
Triangle Road to Meadowville Road) Superstreet Project. He
further stated the Route 10 (Bermuda Triangle Road to
Meadowville Road) Superstreet project involves widening Route
10 to Hogans Drive. He stated improvements to the Route
10/Meadowville Road/Old Bermuda Hundred intersection will
include turn lanes and signalization. He further stated to
improve capacity along this section of Route 10, the project
will limit left turns from side streets and replace them with
u -turn movements. He noted the project is currently in the
right-of-way acquisition phase. He stated utility relocations
are anticipated to begin in late fall of this year with road
construction starting in the summer of 2018.
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
approved 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, Holland and Haley.
Nays: None.
18.F. TO CONSIDER AMENDMENTS TO THE TAXICAB ORDINANCE
Mr. Mincks stated this date and time has been advertised for
the Board to consider amendments to the Taxicab Ordinance. He
further stated the Capital Region Taxicab Advisory Board
("CRTAB") has recommended changes to the taxicab ordinance. He
stated the taxicab ordinance was adopted in the early 1990s as
a reciprocal "model" ordinance in Chesterfield, Henrico,
Richmond and Hanover; however, over the years, changes have
been made in some jurisdictions, but not others. He further
stated the CRTAB and the chief law enforcement officers for
each locality have met and agreed to a uniform set of
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amendments to the respective ordinances. He stated the
proposed changes will make the fees uniform and relax some
regulatory requirements, which the taxicab industry also
requested as they face increased competition from ridesharing
services like Uber. He noted the CRTAB also has decided to
dissolve.
Mr. Elswick called for public comment.
Mr. Freddy Boisseau, a Bermuda District resident, commended
the Board for allowing the free market to function without
local government involvement and for adopting various changes
to the county's tax code.
There being no one to address the issue, the public hearing
was closed.
Mr. Holland expressed his support of the leveling the playing
field for taxicab companies and eliminating a level of
government that does not need to exist.
Mr. Holland then made a motion, seconded by Ms. Haley, for the
Board to adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 15-171, 15-173, 15-176, 15-179, 15-
186,
15-190, 15-191, 15-193, 15-196, 15-203, 15-210, 15-211, 15 -
215, and 15-216
RELATING TO TAXICABS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 15-171, 15-173, 15-176, 15-179, 15-186, 15-
190, 15-191, 15-193, 15-196, 15-203, 15-210, 15-211, 15-215,
and 15-216 of the Code of the County of Chesterfield, 1997, as
amended, are amended and re-enacted to read as follows:
Chapter 15 REGULATED OCCUPATIONS AND SERVICES
ARTICLE IX. TAXICABS
DIVISION 1. GENERAL PROVISIONS
Sec. 15-171. Definitions.
Taxicab: A passenger -carrying, self-propelled motor
vehicle maintained for hire by the public and operated upon
the streets of the county in the transportation of passengers
for compensation, not operating on a regular route or between
fixed terminals, but excluding common carriers of persons or
property operating as public carriers under a certificate of
public convenience and necessity issued by the state
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corporation commission or under a franchise granted by the
county.
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Sec. 15-173. Inspection of vehicles.
All taxicabs for which a certificate has been granted by
the county shall be inspected by the chief of police, or some
member of the division of police designated by him or such
other reputable agency as the chief of police may prescribe,
at regular intervals of at least every 12 months, and at such
other times as the chief of police may prescribe. If a taxicab
is found to be in violation of the requirements of this
article, to have inoperable air conditioning or heating
equipment, or to be unsafe, the chief of police shall notify
the owner at once of such defect and the owner shall not
operate the vehicle thereafter until he remedies such defect.
If the odometer of a vehicle has been unlawfully tampered
with, the vehicle shall be permanently rejected for use as a
taxicab.
Sec. 15-176. Exemptions from article; applicability of rules
of Capital Region Airport Commission.
The provisions of this article shall not apply to vehicles
listed in Code of Virginia, § 46.2-2000.1, as amended, with
the exception of those vehicles listed in subsection (2) of
such section, or regulated by the Virginia Department of Motor
Vehicles pursuant to Code of Virginia, § 46.2-2099.46, as
amended, or to funeral vehicles, or to common carriers of
persons or property operating as public carriers by authority
of the state corporation commission or under a franchise
granted by the county. This article shall not be construed to
conflict with or be in derogation of any additional rules and
regulations adopted by the Capital Region Airport Commission
pursuant to its enabling authority for the operation of
taxicabs on its property located in the county.
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DIVISION 2. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Sec. 15-179. Certificate of public convenience and necessity.
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(e) In addition to any other fees in this Code, each
applicant for a certificate of public convenience and
necessity shall pay an initial application fee of $25.00
per vehicle listed in the certificate, and upon each
request for renewal of such certificate shall pay the same
fee.
(g) A certificate holder shall not place into service a
taxicab unless it is a hard -top vehicle with a minimum of
four doors and wheel size of at least 14 inches.
(h) It shall be unlawful for a certificate holder to place
into service a taxicab which either is more than 12 model
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years old or which is more than eight model years old and
has more than 300,000 miles at the time it is placed into
service. It shall be unlawful to operate any taxicab which
either is more than 12 model years old or which is more
than eight model years old and has more than 300,000 miles.
DIVISION 3. DRIVER'S PERMIT
Sec. 15-186. Driver's permit required; term; fees; attendance
at orientation program.
No person shall drive a taxicab without first successfully
completing a basic taxicab driver orientation program approved
by the chief of police, and obtaining a driver's permit from
the chief of police. The chief of police may, however, issue a
temporary or provisional permit for a period not to exceed six
months during which period such person shall successfully
complete the basic taxicab orientation program. The initial
driver's permit shall last for 12 months and may be renewed
thereafter annually provided the driver attends follow-up
taxicab orientation within 12 months preceding the date of
renewal. The chief of police shall prescribe a form to be used
in applying for a renewal. Each applicant for a driver's
permit shall pay an initial application fee of $25.00 and upon
each request for renewal. The fee for replacement of lost,
stolen or damaged permits shall be $10.00. The fee for
attendance at the basic or renewal taxicab orientation program
shall be $15.00. The permit shall be valid for the operation
of only those vehicles subject to a certificate of public
convenience and necessity issued under this article.
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Sec. 15-190. Revocation of driver's permit.
Subject to the provisions of section 15-183, the permit of
any taxicab driver shall immediately become void and shall be
immediately surrendered upon the occurrence of any of the
following:
(a)
The driver
is convicted of
or pleads guilty or nolo
contendere
to any felony.
(b)
The driver
is convicted of
or pleads guilty or nolo
contendere
to any larceny,
assault, battery, crime
of moral
turpitude or
illegal possession of
controlled
substances where
such crime is other than
a felony.
(c)
The driver
is convicted of
or pleads guilty or nolo
contendere
to operating a motor vehicle while under
the influence of alcohol or
drugs.
(d)
The driver
within a 12 -month period is convicted of
or pleads guilty or nolo contendere
to three or more
moving violations under the motor vehicle laws of
this commonwealth other
than those involving
operating
a motor vehicle while under the influence
of alcohol
or drugs.
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(e) The driver within a 12 -month period is convicted of
or pleads guilty or nolo contendere to three or more
violations of this article or of any other local law
in this commonwealth governing the operation of
taxicabs or other for -hire cars or vehicles.
(f) The chief of police finds, after investigation, that
the driver, within a three-year period, has on two
or more occasions made a charge above or below the
rates prescribed by section 15-196.
(g) The chief of police finds, after investigation, that
the driver knowingly made, or caused to be made,
either directly or indirectly, any false statement
on the application for a permit which was issued.
(h) The chief of police finds, after investigation, that
the driver no longer possesses the physical or
mental qualifications prescribed in section 15-
189 (g) .
(i) The driver no longer possesses a valid and current
driver's license issued by the state department of
motor vehicles.
All drivers and certificate holders shall notify the chief
of police within 15 days of the occurrence of any event
enumerated in subsections (a), (b), (c), (d), (e) or (i)
above.
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Sec. 15-191. Issuance of permit after refusal; reissuance
after revocation.
Except as provided in section 15-192 below, no person who
is refused a taxicab driver's permit or whose permit is
revoked under the provisions of section 15-190 shall be
eligible for issuance of a new permit until such time as the
grounds for refusal of a permit no longer apply. However, if a
driver's permit is refused or revoked for (i) knowingly
making, or causing to be made, either directly or indirectly,
a false statement while applying for the permit, (ii) for
making charges above or below the rates prescribed by section
15-196, or (iii) for reasons described in sections 15-190(d)
or (e), such driver shall not be eligible for at least 12
months from the date of refusal or revocation or from the date
the chief of police was informed of the grounds supporting
such revocation, whichever is later.
DIVISION 4. OPERATING REGULATIONS
Sec. 15-193. Assignment of color scheme, number, etc., by
chief of police.
. . .
(b) No person shall operate a taxicab unless the chief of
police has first assigned to such vehicle a decal, which
shall be affixed to and visible from the left rear of the
vehicle and which shall contain a number registered with
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the chief of police. The decal shall not be transferred
to another vehicle, shall be displayed at all times, and
shall not be removed except when the vehicle is no longer
in service or except upon direction of the chief of
police.
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Sec. 15-196. Same—Enumerated; special discount for military,
elderly passengers and disabled passengers.
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(c) The owner of any taxicab, upon receipt of satisfactory
proof that a passenger is 65 years of age or older, eir
disabled, active or reserve duty United States military
or a veteran, may offer a discount not to exceed 20
percent of the total charge. For purposes of eligibility
under this subsection, disabled persons include
individuals who are physically, hearing, mentally or
visually impaired. The following identification may serve
as satisfactory proof of age or disability: a valid
driver's license, a valid GRTC Senior Citizens ID or
Medicare Card, a valid GRTC Handicapped or Disabled
Identification Card, a valid identification card issued
by a public transportation provider to meet the
requirements of the federal Americans with Disabilities
Act, or a valid military or veteran identification card.
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Sec. 15-203. Transportation of passengers by most direct
route; payment of toll charge.
All taxicabs shall transport passengers by the most direct
route, unless otherwise directed by the passenger. When such
route requires the payment of a toll, the driver shall embark
on the route only after informing the passenger of the toll
and receiving agreement from the passenger to pay the toll
charge.
Sec. 15-210. Possession of weapons by driver.
It shall be unlawful for a driver to operate a taxicab at
any time with a dirk, bowie knife, nunchahka, nunchuck,
shuriken, throwing star, oriental dart, blackjack, brass or
metal knuckles or knife with a blade longer than three inches
in length in his possession.
Sec. 15-211. Duty of drivers to keep taxicab clean, etc.
No driver shall fail to keep his taxicab clean and
sufficiently lighted at night through the use of properly
functioning interior lights, headlights, and such other
vehicle lights as may be installed in the vehicle or required
by law.
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Sec. 15-215. Monitoring radio dispatches.
It shall be unlawful to have radio frequency scanning or
similar electronic devices in a taxicab. It shall also be
unlawful to monitor communications between a dispatcher and a
taxicab or between two or more taxicabs for the purpose of
responding to a call for taxicab service without the
permission of the participants to the communication or of the
company for whom they are employed.
Sec. 15-216. Lost and found property.
A driver shall preserve any property left in a taxicab by a
passenger and deliver it to the certificate holder. Each
certificate holder shall carefully preserve all property left
in a taxicab by any passenger and delivered to the certificate
holder by a driver. When the property shall have been
identified and ownership established, it shall be promptly
delivered to its owner during normal business hours at the
certificate holder's business location or at a location
arranged by the certificate holder and property owner. Any
property which is not claimed within 30 days may be disposed
of according to law.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
18.G. 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
Mr. Hayes stated this date and time has been advertised for
the Board 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. He
further stated the current utility ordinance requires that all
new dwelling units connect to the public water and/or
wastewater system when: the property line is within 200 feet
of a water or wastewater line unless the required onsite
service line is greater than 400 feet, located within a lot
subdivision recorded with the requirement for connection,
located within a lot subdivision which is located in the
"required" connection area and received preliminary or final
plat approval after March 12, 2014, or located in a multi-
family development. He stated properties that desire to
redevelop by removing the existing residence are not permitted
to continue to use their existing private onsite well and/or
wastewater system. He further stated the proposed amendment
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would provide that such connection requirements not apply to
the replacement of a dwelling unit or manufactured home within
two years of its demolition or removal where the new dwelling
unit or manufactured home will, with approval of the Health
Department, use the existing private onsite well and/or sewer
system used by previous residence.
In response to Mr. Winslow's question, Mr. Hayes stated the
current code has a 15 -day requirement for a customer to pay
their delinquent fees. He further stated typically if a
customer does not pay their utility bill, it will be at least
25 days after the charges and delinquent fees are due before
service is shut off. He stated effective July 1, 2016, a
customer is allowed 60 days after the delinquent fees are due
before service is expelled.
In response to Mr. Elswick's question, Mr. Hayes stated
currently there is a provision in the code that requires if a
structure is damaged by fire, flood or other act of God, that
it be rebuilt within a two-year timeframe to continue use of
the existing private onsite well and/or sewer system.
Mr. Elswick expressed concerns relative to the proposed
amendment and the scenario of a family -split involving the
replacement occurring within two years of demolition or
removal.
Mr. Holland stressed the importance of extending the 15 -day
timeframe to a 60 -day timeframe relative to allowing customers
additional time to pay their delinquent utility bill.
Mr. Elswick called for public comment.
Mr. Patrick Rose urged the Board to adopt the proposed code
amendments. He also expressed appreciation to Utilities
Department staff for their efforts relative to the proposal.
There being no one else to address the issue, the public
hearing was closed.
In response to Ms. Jaeckle's concerns, Mr. Hayes stated the
two-year timeframe starts from beginning of demolition of an
old home.
In response to Mr. Winslow's question, Mr. Dupler stated the
building permit would be used to establish the intent to build
a new dwelling unit within the two-year timeframe. He further
stated under the building code there would be reasonable time
to complete the construction.
Mr. Mincks noted. the proposed ordinance references the
replacement of a dwelling unit or manufactured home within two
years of its demolition or removal, as opposed to the building
permit being issued. He stated the two-year provision was
initially established by acts of nature.
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Mr. Elswick expressed concerns relative to the two-year
provision violating intentions for land owners to hook up to a
viable water source on their property.
Mr. Elswick made a motion to remove the two-year requirement
to replace a demolished dwelling unit served by a private well
or onsite sewer system.
In response to Mr. Holland's question, Mr. Hayes stated he is
not aware of anyone being negatively impacted by the two-year
requirement. He further stated the provision would impact all
county districts.
Mr. Elswick's motion died due to lack of a second.
Discussion ensued relative to alternate language for the two-
year requirement to replace a demolished dwelling unit served
by a private well or onsite sewer system.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
deferred Section 18-60.A. to September 28, 2016 and approved
the following portions of amendments to Chapter 18 - Water and
Sewers of the Countv Code:
AN ORDINANCE TO AMEND THE. CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 18-1,18
22, 18-27,18-30, 18-58,18-60 and18-61, OF THE WATER AND SEWERS
ORDINANCE RELATING TO REQUIREMENTS AND EXCEPTIONS TO UTILITY
SYSTEM CONNECTIONS FOR DWELLING UNITS AND MANUFACTURED HOMES
AND TERMINATION OF SERVICES FOR NONPAYMENT OF UTILITY CHARGES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 18-1, 18-22, 18-27, 18-30, 18-58, 18-60 and
18-61 of the Code of the County of Chesterfield, 1997, as
amended, are amended and re-enacted, to read as follows:
Chapter 18
WATER AND SEWERS
• . •
Sec. 18-1. - Definitions.
For the purposes of this chapter, the following words and
phrases shall have the following meanings:
(i) Dwelling or dwelling unit: Shall have the same meaning as
in the zoning ordinance.
. . .
(r) Manufactured home: Shall have the same meaning as in
the zoning ordinance.
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(s) Manufactured home park: Shall have the same meaning
as in the zoning ordinance.
(t) Manufactured home subdivision: Shall have the same
meaning as in the zoning ordinance.
0 0 0
Sec. 18-22. - Connection fees.
• • .
(b) The capital cost recovery charge shall be:
I
j
Meter
Number)
of
Capital Cost
Recovery Charge
Customer Class 1
Size I
ERU' s I
(inches)
per
Unit
I
Water
Wastewater
For a dwelling, 1
i
single-family,
i
including
i
townhouses,
I
manufactured homes
(i)
that are not locatedl
5/8
1.00
$5,500.00
$5,400.00
in a manufactured
home park, and
individually metered
multifamily dwelling
i '
units
For a dwelling, two-�
5/8
1.00
5,500.00
5,400.00
famil er unit
y (P )
For manufactured
homes that are
located in a
1
manufactured home
'
park and for master
metered multiple -
(iii)
family dwellings
0.85
4,675.00
4,590.00
other than multiple-
i
family dwellings
used exclusively as
housing for colleges)
and/or universities
I (per unit)
0 0 0
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Sec. 18-27. - Utility charges.
(i)
. • .
(3) Capacity cost charge.
Number Monthly Capacity
Meter of Charge
Customer Class Size ERUs
(inches) per
Water Wastewater
Unit
i
Dwelling, single-
family, including
townhouses and
manufactured homes that
are not located in a
manufactured home park
Dwelling, two-family
(per unit)
Manufactured homes that
are located in a
manufactured home park
and multiple -family
dwellings other than
multiple -family
dwellings used
exclusively as housing
for colleges or
universities (per unit)
5/8
5/8
1.00 1$7.101 $13.02
1.00 17.10
13.02
11.07
0 0 0
Sec. 18-30. Termination of service for nonpayment of utility
charges; security deposits.
(a) If the bill for any utility charge remains delinquent
for 60 days and the director has sent written notice to
the consumer that utility service will be disconnected,
the director shall disconnect utility service.
. . .
Sec. 18-58. - Connection to the utility system.
A separate service shall be required for all dwelling
units, all townhouses, all manufactured homes not located in a
manufactured home park, and each unit of all two-family
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dwellings. A master water meter shall be installed to serve
manufactured home parks, multi -family dwellings, office
buildings and other multi -unit developments except when the
director requires separate meters and service laterals.
Sec. 18-60. - Required use of utility system.
The distance extensions described in this section shall be
measured from the nearest existing line as measured along the
most reasonable extension route, as determined by the director
of utilities.
1. Public water system. Connection to the public water
system shall be required for new dwelling units or
manufactured homes when:
0 0 0
2. Public wastewater system. Connection to the public
wastewater system shall be required for new dwelling
units or manufactured home when:
Sec. 18-61. - Exceptions to use of utility systems.
B. An exception to the requirements of section 18-60 A.l.a)
through c), A.2.a) through c), and B.1.b) may be granted as
follows:
1. Administrative review of exceptions to section 18-60
A.l.a), A.2.a) and B.l.b). Upon submission, the director
of utilities shall review the request and make a finding
that connecting to the utility system is physically
impractical due to:
(i) Topography,
(ii) Conflicts with other underground utilities,
(iii) Capacity limitations, or
(iv) other factors which would prevent an extension
in accordance with the county water and sewer
specifications and procedures manual and other
county policies and administrative procedures.
An exception approval may include imposition of
conditions.
2. Administrative review of exceptions to section 18-
60 A.l.b) and c), and A.2.b) and c) for an
individual dwelling unit or manufactured home. Upon
submission, the director of utilities in
conjunction with the plans review team as defined
in the subdivision ordinance shall review the
request and make a finding that:
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(i) Connecting to the utility system is physically
impractical due to the factors set forth in B.1;
and
(ii) The use of a private system will not encourage
future area development inconsistent with the
comprehensive plan and the ability to extend
public system to other property will not be
adversely affected.
An exception approval may include imposition of
conditions.
3. Appeal of administrative review. An applicant who is
aggrieved by the determination of the director of
utilities may appeal the decision to the board of
supervisors. The board's decision shall be based upon
those findings outlined in B.1. and B.2. The board's
decision may include imposition of conditions.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
In response to Ms. Blakley's question, Mr. Mincks stated the
public hearing would not need to be re -advertised.
18.H. TO CONSIDER AN ORDINANCE TO VACATE AN EIGHT -FOOT
EASEMENT ACROSS LOT 1, WINDSOR HILLS, SECTION 4, A
RESUBDIVISION
Mr. Harmon stated this date and time has been advertised for
the Board to consider an ordinance to vacate an eight -foot
easement across Lot 1, Windsor Hills, Section 4, a
resubdivision.
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
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to JOHN DAVID CHILDRESS and MARY
C. CHILDRESS, ("GRANTEE"), an 8' easement
across Lot 1, Windsor Hills, Section 4, a
Resubdivision, 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
177, at Page 52.
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WHEREAS, John David Childress and Mary C. Childress,
petitioned the Board of Supervisors of Chesterfield County,
Virginia to vacate an 8' easement across Lot 1, Windsor Hills,
Section 4, a Resubdivision, 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 177, Page 52, by Austin Brockenbrough
& Associates, L.L.P., dated February 22, 2007 and recorded
April 19, 2007. The easement petitioned to be vacated is more
fully described as follows:
An 8' easement, across Lot 1, Windsor
Hills, Section 4, a Resubdivision, the
location of which is more fully shown on a
plat 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 easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid easement 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 Virqinia, 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 easement hereby vacated in the
property owners of Lot 1, Windsor Hills, Section 4, a
Resubdivision, 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.
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18.I. TO CONSIDER THE CONVEYANCE OF AN EASEMENT TO VIRGINIA
ELECTRIC AND POWER COMPANY FOR THE DOMINION VIRGINIA
POWER UNDERGROUNDING PROJECT ON WEST HUNDRED ROAD
Mr. Harmon stated this date and time has been advertised for
the Board to consider the conveyance of an easement to
Virginia Electric and Power Company for the Dominion Virginia
Power Undergrounding Project on West Hundred Road.
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 Ms. Haley, 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
for the Dominion Virginia Power undergrounding project at 4901
West Hundred Road.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home permits
or rezoning at this time.
20. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
21. ADJOURNMENT
On motion of Mr. Winslow, seconded by Ms. Haley, the Board
adjourned at 9:02 p.m. until September 28, 2016.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Elswick wished Ms. Sara Hall, Deputy Clerk, well during
her upcoming maternity leave and expressed appreciation for
all her hard work behind the scenes.
J ep Casey
o y Administrator
eph A. Elswick
Chairman
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