2016-11-16 MinutesA
BOARD OF SUPERVISORS
MINUTES
November 16, 2016
Supervisors in Attendance: Staff in Attendance:
Mr. Stephen A. Elswick, Chairman Mr. Greg Akers, Dir.,
Ms. Dorothy A. Jaeckle, Vice Chrm. Internal Audit
Mr. Christopher M. Winslow
Mr. Mike Bacile, Dir.,
Mr. James M. Holland
Purchasing
Ms. Leslie A. T. Haley
Ms. Janice Blakley,
Clerk to the Board
Mr. Clay Bowles, Dir.,
General Services
Dr. Joseph P. Casey
Ms. Patsy Brown, Dir.,
County Administrator
Accounting
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody,
Finance Dir.
Mr. Barry Condrey,
Chief Information Officer
IST
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Real
Estate Assessor
Mr. William Dupler, Dep.
County Administrator
Colonel Thierry Dupuis,
Police Department
Mr. John W. Harmon,
Real Property Manager
Mr. Matt Harris, Dir.,
Budget and Management
Mr. Garrett Hart, Dir.,
Economic Development
Mr. George Hayes, Dir.,
Utilities
Mr. Louis Lassiter, Dep.
County Administrator
Ms. Mary Martin Selby,
Dir., Human Resources
Mr. Jeffrey L. Mincks,
County Attorney
Ms. Chris Ruth, Asst.
Dir., Public Affairs
Ms. Kiva Rogers, Dir.,
Social Services
Chief Edward Loy Senter,
Fire and EMS
Mr. Scott Smedley, Dir.,
Environmental Engineering
Mr. Jesse Smith, Dir.,
Transportation
Ms. Sarah Snead, Dep.
County Administrator
Mr. Kirk Turner, Dir.,
Planning
Mr. Rick Witt,
Building Official,
Building Inspection
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Dr. James Worsley, Dir.,
Parks and Recreation
Mr. Scott Zaremba, Dep.
County Administrator
Mr. Elswick called the regularly scheduled meeting to order
at 3:00 p.m.
1. APPROVAL OF MINUTES
1.A. OCTOBER 26, 2016 REGULAR MEETING
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
approved the minutes of the October 26, 2016 regular meeting,
as submitted.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
I.B. OCTOBER 28, 2016 JOINT MEETING WITH SCHOOL BOARD
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
approved the minutes of the October 26, 2016 joint meeting
with the School Board, as submitted.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
2. COUNTY ADMINISTRATION UPDATE
2.A. EVERY DAY EXCELLENCE - POLICE DEPARTMENT
Dr. Casey recognized Master Detective Chris Rizzuti for his
outstanding police work and community leadership that led to
his being named one of Style Weekly's "Top 40 Under 40" for
2016.
Colonel Dupuis stated Detective Rizzuti worked with the
scholastic program, a policing program in Chesterfield County
Schools. He further stated the program taught children civic
responsibilities.
Detective Rizzuti thanked the Board for the recognition.
2.B. PRESENTATION OF COMPREHENSIVE ANNUAL FINANCIAL REPORT
CAFR) BY EXTERNAL AUDITOR
Mr. Rob Churchman, Engagement Partner with Cherry. Bekaert,
LLP, presented the county's FY2015 Comprehensive Annual
Financial Report to the Board of Supervisors and thanked the
county and schools for their participation in the audit
process.
Dr. Casey recognized members of Accounting and Internal Audit
departments for the timely audit report.
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2.C. DOMINION VIRGINIA POWER UPDATE
Mr. James Beazley, Manager, Regional State and Local Affairs,
Dominion Virginia Power, provided an update to the Board of
Supervisors on Dominion Virginia Power's activities. He
stated Dominion Power provides reliable, affordable power to
county residents and has open communications during storms
with customers. He further stated 26 percent of residential
rates are lower than the east coast and 35 percent are lower
than the national average. He then stated Dominion Power is
committed to providing clean power to Chesterfield. He stated
Dominion Power is committed to the community and hiring
veterans, as well as expanding the Energy Share Program. He
highlighted safety issues during storms. He mentioned the
Dom.com website and advised citizens of its usefulness. He
also mentioned the process for restoration of power to
citizens and stated text message alerts are available to
citizens during storm outages. He then stated Dominion Power
is working on Phase II of undergrounding power lines to
reduce power outages throughout the county. He further stated
Dominion Power has plans to tap into a natural gas pipeline
when available. He stated the largest solar site in the
Commonwealth of Virginia is located in Chesterfield County.
He shared information regarding the Energy Share program, and
he further shared Dominion Power's continued conservation
efforts.
In response to Mr. Holland's comments, Mr. Beazley stated
there is no fee for Dominion Power conducting an energy audit
on a citizen's home, and citizens have to qualify for energy
assistance in the Energy Share Program.
2.D. SIDEWALKS PROJECT PRESENTATION
Mr. Chris Lee, summer intern in Planning Department, now
employed with the Real Estate Assessor's Office, provided
details of the Sidewalks Project completed during his summer
internship. He stated the purpose of the project was to
digitize and quantify all of the existing sidewalks
throughout Chesterfield. He further stated Pictometry was
utilized to gather data, as well as Google Maps. He then
stated data collected consisted of length and width of the
sidewalk, the associated street immediately adjacent to the
sidewalk, as well as other data. He stated the goal of the
project was to provide a spatial overview of sidewalks within
the county, as well as how they relate with subdivisions,
non -related access roads and public facilities; and to create
a baseline for future studies. He estimated there are just
over 241 miles of total length of sidewalks in the county,
and the estimated total length of roads is over 2,500 miles.
In response to Ms. Jaeckle's inquiry, he stated the 2,500
miles of roads consist of all roads excluding highways.
Mr. Lee further stated the width of the sidewalk is an
important piece of the data that is recorded in the study.
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In response to Ms. Jaeckle's inquiry, Mr. Lee stated the
width of the sidewalk was a necessary attribute of the
sidewalk that was recorded. He further stated he reviewed how
the sidewalks related to major roadways within the county. He
stated he researched where sidewalks fell in relation to
community centers, recreation centers, and parks.
In response to Ms. Jaeckle's comments, Mr. Lee stated
walking trails were not included in the study and only actual
sidewalks were included. He further stated only 9 percent of
the county has sidewalks next to non -limited access roads.
He recommended the county prioritize sidewalks for low -
connected areas near public facilities. He stated the
database was created so the county could use the sidewalk
layer to identify zoning and continue to update the database
and attributes table.
Ms. Jaeckle stated the county needs to think about providing
sidewalks between commercial and residential areas to enable
citizens to walk to areas, particularly along the Jeff Davis
Corridor.
Mr. Winslow thanked Mr. Lee for the data, and commented on
the Providence Road sidewalk expansion project.
Mr. Holland thanked Mr. Lee for the data and commented on
sidewalk needs going forward and the importance of
considering sidewalks in the county's Comprehensive Plan. He
stressed the importance of walkability throughout the county,
especially in the Jeff Davis Corridor. He inquired if there
was a database for sidewalk maintenance.
Mr. Lee stated he did not personally visit the sidewalks to
assess the quality of the structures. He further stated there
is a maintenance field contained in the database for future
use.
Mr. Holland commented on the excellent work on sidewalks that
has taken place in the county and asked staff to continue to
assess the connection needs of communities and disabled
citizens.
Mr. Elswick stated the Jeff Davis Corridor needs more
sidewalks, and the Robious area has more sidewalks due to
road improvements. He requested Mr. Lee to work with staff
and the Budget Office to address funding of sidewalks in the
future. He further requested Mr. Lee to provide the
pedestrian deaths in sidewalk vs. non -sidewalk areas, and
thanked Mr. Lee for his report.
Dr. Casey thanked Mr. Lee, and suggested he add to his GIS
data system a way to account for trails in the county which
also create walkability.
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2.E. OTHER COUNTY ADMINISTRATION UPDATES
• Dr. Casey announced the county has received the
Distinguished Budget Presentation Award from the
Government Finance Officers Association for FY2017. He
shared the acolades from the report.
• Dr. Casey provided details of the successful school
construction procurement transition to the county's
Purchasing Department. He recognized Mr. Mike Bacile,
Director of Purchasing, for his service to Chesterfield
County, and stated Mr. Bacile will be retiring December
1, 2016.
3. BOARD MEMBER REPORTS
Ms. Jaeckle stated on November 6, 2016, the Chester bridge
was dedicated in memory of Sergeant Aaron X. Wittman. She
thanked the citizens and the county for their recognition of
Sergeant Wittman. She further stated she attended the ribbon
cutting of the Ashton Creek Vineyard, noting that the winery
is a beautiful venue on the Jeff Davis Corridor and currently
has 40 weddings booked. She stated sidewalks were added
during the road project close to winery.
Mr. Holland stated Meadowbrook High School recently retired
the jersey of Mr. Morgan Moses, #77 of the Washington
Redskins.
Mr. Winslow stated he attended the grand opening of Fi-Tech's
new headquarters in Waterford and thanked Fi-Tech for its
continued commitment to Chesterfield.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Holland, seconded by Ms. Haley, the Board
replaced Item 2.D., Sidewalks Projects Presentation; replaced
Item 9.A., Report of the Planning Commission Substantial
Accord Determination for Chesterfield County Public Schools
(Case 17PD0147) to Permit a Public Elementary School in an
Agricultural (A) District located in Dale Magisterial
District (Beulah Elementary School); and adopted the agenda
as amended.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
5. RESOLUTIONS
There were no resolutions at this time.
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6. WORK SESSIONS
6.A. CHESAPEAKE BAY TOTAL MAXIMUM DAILY LOAD (TMDL) UPDATE
Mr. Scott Smedley, Environmental Engineering Director,
updated the Board regarding the county's Chesapeake Bay TMDL
compliance plan. He stated Proctors Creek Waste Water
Treatment Plant and outfall retrofits, Wren's Nest stream
stabilization, Armistead Lake regional BMP, Midlothian Mines
stream restoration have been completed within the last year.
He further stated the Wren's Nest stream stabilization
project consisted of approximately 1150 linear feet of stream
stabilization to reduce erosion of the stream. He then
stated the Armistead Lake was a regional BMP facility, that
helps the county meet the Chesapeake TMDL requirements, and
provides protection for the Swift Creek Reservoir.
In response to Ms. Jaeckle's comment, Mr. Smedley stated the
dam construction was a big endeavor and drains approximately
400 acres in the county from multiple developments. He then
stated Midlothian Mines was a significant stream restoration
project due to the erosion along the stream channel. He noted
the banks were regraded, matted, and planted. He further
noted log veins were installed to provide aeration and
habitats for aquatic organisms. He stated ongoing projects
consist of James River High School BMP retrofits, Pocoshock
Creek stream restoration, Enon Police and Fire Training
Center, LaPrade Library BMP, and a tributary to Proctors
Creek Stream, which is under design. He further stated
challenges for the county moving forward are an update to the
Chesapeake Bay Model in 2017 with more accurate data, and how
that will impact future permits. He further stated within the
James River Water Shed, Chlorophyll A is high and studies are
being conducted and analyzed regarding potential nutrient
limit changes in relation to Chlorophyll A levels. He stated
in 2018, Phase II localities will have permits reissued,
which will provide insight into future county nutrient limits
and loading rates.
In response to Ms. Jaeckle's inquiry, Mr. Smedley stated
Falling Creek Reservoir just started design and should go out
to bid in FY20/21, and grant opportunities will be evaluated
once the design process is completed.
In response to Mr. Holland's comments, Mr. Smedley stated the
reservoir borders Richmond and Chesterfield, and the design
process began. He further stated permitting is significant
task for the reservoir project must be obtained through the
Corp of Engineers. He then stated the design estimated time
of completion is two years, and the county is reserving funds
towards the construction project. He noted the county will be
communicating with the citizens on the status throughout the
process.
In response to Mr. Elswick's comments, Mr. Smedley stated the
total of all the stormwater projects included in the CIP was
$11 million. He further stated the projects total
approximately $13 million.
7. DEFERRED ITEMS
There were no deferred items at this time.
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8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
suspended its rules to allow simultaneous
nomination/appointment/reappointment of members in the
Central Virginia Waste Management Board of Directors.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.A.1. CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY BOARD OF
DIRECTORS
On motion of Jaeckle, seconded by Mr. Winslow, the Board
simultaneously nominated/appointed/reappointed Mr. Scott
Zaremba and Mrs. Marcia R. Phillips to serve as board members
of the Central Virginia Waste Management Authority, whose
terms will expire December 31, 2020.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8.B.l.a. PROCLAIMING THE SATURDAY AFTER THANKSGIVING AS
"SMALL BUSINESS SATURDAY" IN CHESTERFIELD COUNTY
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Chesterfield County, Virginia celebrates our
local small businesses and the contributions they make to our
local economy and community; and
WHEREAS, according to the United States Small Business
Administration, there are more than 25 million small
businesses in the United States; they represent the vast
majority of American employer firms, create more than two-
thirds of the net new jobs, and generate a significant amount
of the private gross domestic product, as well as more than
half of all US sales; and
WHEREAS, according to the Virginia Employment
Commission, more than 99 percent of Chesterfield County
business establishments have fewer than 250 employees; and
WHEREAS, small businesses employ a significant portion
of the working population in the United States; and
WHEREAS, the vast majority of consumers in the United
States agree that small businesses contribute positively to
the local community by supplying jobs and generating tax
revenue; and
WHEREAS, most consumers in the United States agree that
small businesses are critical to the overall economic health
of the United States; and
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WHEREAS, many consumers in the United States agree that
it is important for people to support the small businesses
they value in their community; and
WHEREAS, Chesterfield County, Virginia supports our
local businesses that create jobs, boost our local economy,
and preserve our neighborhoods; and
WHEREAS, advocacy groups as well as public and private
organizations across the country have endorsed the Saturday
after Thanksgiving as Small Business Saturday.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby proclaims the Saturday
after Thanksgiving as "Small Business Saturday" in
Chesterfield County, and urges the residents of our
community, and communities across the country, to support
small businesses and merchants on Small Business Saturday and
throughout the year.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.l.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.B.1.b.1. LIEUTENANT TODD W. CARVER, SHERIFF'S OFFICE
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Lieutenant Todd W. Carver has faithfully served
the Chesterfield County Sheriff's Office for 27 years; and
WHEREAS, Lieutenant Carver was hired on February 6,
1988, and was assigned to Courtroom Security; and
WHEREAS, Lieutenant Carver joined the Chesterfield
County Sheriff's Office and served under James Mutispaugh,
Walter Minton, Clarence Williams, Dennis Proffitt and current
Sheriff Karl L. Leonard; and
WHEREAS, Lieutenant Carver was transferred to the Civil
Process Unit in October 2000, providing quality service of
court documents, as governed by the Code of Virginia; and
WHEREAS, Lieutenant Carver was transferred to
Correctional Services, providing safe detention and service
to those entrusted to the custody of the Sheriff; and
WHEREAS, Lieutenant Carver was transferred to the Civil
Process unit in November 2009, providing first-line
supervision to men and women assigned to conducting service
of court documents, as well as making proper arrest; and
WHEREAS, Lieutenant Carver was transferred to
Correctional Services as a Shift Commander in June 2014,
providing supervision for those incarcerated and those sworn
to protect them; and
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WHEREAS, Lieutenant Carver has demonstrated his
versatility, skills and strong work ethic in a wide range of
departmental assignments in the Operational and Support
Services areas; and
WHEREAS, he met all requirements to qualify for Deputy
First Class in January 2003, and for Master Deputy in October
2003, and in April 2011, was promoted to Sergeant and
assigned to Correctional Services, followed by Court Services
and Civil Process; and
WHEREAS, in June 2014, he was promoted to Lieutenant and
assigned to the Correctional Services Division; and
WHEREAS, Lieutenant Carver has aided in ensuring
employees of the Sheriff's Office meet the highest standard
by serving as a Field Training Officer; and
WHEREAS, Lieutenant Carver received numerous letters of
appreciation and commendation for his dedication and service
to the employees and citizens of Chesterfield County; and
WHEREAS, Lieutenant Carver received a Meritorious
Service Award for his job performance, following a stabbing
and woman down situation in the Gates Green area of the
county, when his clear and concise information led to a quick
response by police and investigative members, and the
extracting of the wounded woman, who made a full recovery;
and
WHEREAS, Lieutenant Carver received the Meritorious
Service Award for his job performance during a foreclosure
and eviction, where he encouraged the armed suspect to point
his weapon away and calmed him down until the arrival of
Chesterfield Police and negotiators, and his actions deterred
the possible suicide or injuries to other citizens; and
WHEREAS, Lieutenant Carver was recognized as the
Employee of the Quarter in 2010, and received the Top Gun
Award, from 2009 through 2015 consistently, a Specialized
Service Ribbon, a Good Conduct Ribbon, a Special Operations
Response Team Ribbon, two Meritorious Service Ribbons, and
Pistol Marksmanship, Rifle Marksmanship, VLEPSC and Board of
Correction Certifications.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Lieutenant Todd W. Carver, expresses the
appreciation of all residents for his service to Chesterfield
County and extends appreciation for his dedicated service to
the county and congratulations upon his retirement, as well
as best wishes for a long and happy retirement.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.1.b.2. MS. CLARA S. HART, CHESTERFIELD COUNTY PUBLIC
LIBRARY
Ms. Jaeckle commented on the retirement of Clara Hart and
thanked her for her years of service to county citizens.
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Ms. Clara S. Hart will retire from the
Chesterfield County Public Library on December 1, 2016, after
providing 13 years of part-time service and 24 years of full-
time service, for a total of 37 years of faithful service to
Chesterfield County; and
WHEREAS, Ms. Hart mostly served as a Library Associate
at the Chester Library during her first 13 years of service;
and
WHEREAS, Ms. Hart managed the Enon Branch Library from
1992 to 2006, building strong relationships with
neighborhoods, schools and civic organizations in the
district of Enon resulting in the Enon Branch Library
receiving the Chesterfield County Public Library Team of the
Year Award in 1997; and
WHEREAS, Ms. Hart successfully completed a supervisory
professional development opportunity in 1996, and in the
following years attended three Public Library Association
conferences where her exposure to leaders in the profession
of librarianship enlightened her vision of becoming a better
public educator to all citizens; and
WHEREAS, Ms. Hart coordinated Chesterfield County Public
Library Outreach Services from 2006 to 2010, and with a staff
of five, provided library services to county residents who
were underserved due to life situations, and she personally
administered a creative writing program with the Department
of Correctional Education at the Chesterfield Women's
Diversion Center, resulting in many touching and memorable
letters of thanks, recognition and appreciation from program
participants and professionals in the field for her
contribution, and she also corresponded for a period of time
with the author Wally Lamb who became a leader in the field
of creative writing in correctional facilities across the
country; and
WHEREAS, Ms. Hart was the recipient of a Certificate of
Appreciation for Distinguished Service at the 2009 Virginia
Library Association's Annual Conference for presenting the
program Serving Time: Extending Library Service to
Incarcerated People; and
WHEREAS, Ms. Hart inspired two former Enon Branch
Library employees to complete their Masters of Library
Science Degree and who now are highly successful professional
librarians; and
WHEREAS, Ms. Hart has been a knowledgeable and engaged
asset to the Meadowdale Library since 2010, where she has led
countless early literacy and daycare story times, created fun
and stimulating learning opportunities, maintained a well-
trained team of volunteers and has been the recipient of
numerous branch accolades for going above and beyond.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Ms. Clara S. Hart, and
extends on behalf of its members and citizens of Chesterfield
County, appreciation for her more than 37 years of unwavering
dedication to Chesterfield County and Chesterfield County
Public Library.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.2. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT
FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY
AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR
THE 2016 LOCAL EMERGENCY MANAGEMENT PERFORMANCE
GRANT
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
authorized the receipt and appropriation of additional grant
funding in the amount of $50,000 for the 2016 Local Emergency
Management Performance Grant from the Department of Homeland
Security and the Federal Emergency Management Agency to
enhance emergency preparedness for Chesterfield County
citizens.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.3. SET DATES FOR PUBLIC HEARINGS
8.B.3.a. TO CONSIDER THE REAL ESTATE TAX EXEMPTION REQUEST
OF GOODWILL INDUSTRIES OF CENTRAL VIRGINIA,
INCORPORATE
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
set a public hearing date of December 14, 2016, to consider
the real estate tax exemption request of Goodwill Industries
of Central Virginia, Incorporated.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.3.b. TO CONSIDER AMENDING SECTIONS 9-11, 9-29, 9-30, 9-
31 AND 9-32 OF THE COUNTY CODE RELATING TO PARTIAL
TAX EXEMPTIONS FOR REHABILITATED STRUCTURES
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
set a public hearing date of December 14, 2016, to consider
amending sections 9-11, 9-29, 9-30, 9-31 and 9-32 of the
County Code relating to partial tax exemptions for
rehabilitated structures.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.3.c. TO CONSIDER AMENDING SECTION 19.1-236 OF THE COUNTY
CODE RELATING TO REQUIRED PARKING SPACES FOR
RESTAURANTS
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
set a public hearing date of December 14, 2016, to consider
amending section 19.1-236 of the County Code relating to
required parking spaces for restaurants.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.3.D. TO CONSIDER AMENDING SECTIONS 19.1-52 AND 19.2-53
OF THE COUNTY CODE RELATING TO TRACTOR TRAILER
SERVICE STATIONS
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
set a public hearing date of December 14, 2016, to consider
amending sections 19.1-52 and 19.2-53 of the County Code
relating to tractor trailer service stations.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.3.E. TO CONSIDER A PROPOSED AMENDMENT TO THE
COMPREHENSIVE PLAN RELATING TO TRACTOR TRAILER
SERVICE STATIONS
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
set a public hearing date of December 14, 2016, to consider a
proposed amendment to the comprehensive plan relating to
tractor trailer service stations.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.4. ACCEPTANCE OF PARCELS OF LAND
8.B.4.a. ALONG GENITO ROAD FROM 7 -ELEVEN, INCORPORATED
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
accepted the conveyance of a parcel of land containing 0.028
acres along Genito Road from 7 -Eleven, Inc., and authorized
the County Administrator to execute the deed.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.4.b. ALONG HULL STREET ROAD FROM 7 -ELEVEN, INCORPORATED
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
accepted the conveyance of a parcel of land containing 0.066
acres along Hull Street Road from 7 -Eleven, Inc., and
authorized the County Administrator to execute the deed.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.4.c. ALONG TACONY DRIVE FROM GOD'S MIRACLE CHURCH
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
accepted the conveyance of six parcels of land containing a
total of 0.45 acres along Tacony Drive from God's Miracle
Church, and authorized the County Administrator to execute
the deed.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.4.d. ALONG HUGUENOT ROAD FROM HUGUENOT VILLAGE
ACQUISITION COMPANY, L.L.C.
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
accepted the conveyance of a parcel of land containing 0.054
acres along Huguenot Road from Huguenot Village Acquisition
Company, L.L.C., and authorized the County Administrator to
execute the deed.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.5. REQUESTS TO QUITCLAIM
8.B.5.a. PORTION OF A VARIABLE WIDTH DRAINAGE EASEMENT
(PRIVATE) ACROSS PROPERTY OF HUGUENOT TOWNEPLACE,
LLC
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 a quitclaim deed to vacate a
portion of a variable width drainage easement (Private)
across property of Huguenot Towneplace, LLC.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.5.b. A PORTION OF A VARIABLE WIDTH STORM WATER MANAGEMENT
BEST MANAGEMENT PRACTICE EASEMENT ACROSS PROPERTY OF
VIRGINIA ELECTRIC AND POWERCOMPANY
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 a quitclaim deed to vacate a
portion of a variable width SWM/BMP easement across property
of Virginia Electric and Power Company.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.5.c. A PORTION OF A SIXTEEN -FOOT SEWER EASEMENT ACROSS
PROPERTY OF 5941 WILLOWBRANCH DR, LLC.
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 a quitclaim deed to vacate a
portion of a 16 -foot sewer easement across property of 5941
Willowbranch Dr, LLC.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.6. DESIGNATION OF OPEN -SPACE LAND ALONG MIDLOTHIAN
TURNPIKE
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
designated county property as open -space land and authorized
the County Administrator to execute the Declaration.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.7. REQUEST FOR PERMISSION FROM CHAD D. WHITE AND ALYSSA
N. WHITE TO INSTALL A PRIVATE WATER SERVICE WITHIN A
PRIVATE EASEMENT TO SERVE PROPERTY ON TREFOIL WAY
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
granted Chad D. White and Alyssa N. White permission to
install a private water service within a private easement and
authorize the County Administrator to execute the water
connection agreement.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.8. STREETLIGHT COST APPROVAL
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
approved the following streetlight installation in the
Matoaca District and authorized the transfer of District
Improvement Funds to Streetlights to fund the project:
• In the Woods at Summerford subdivision
In the vicinity of 13706/13700 Orchid Drive
Cost to install streetlight: $1,030.83
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.9. AUTHORIZE THE APPROPRIATION OF A CASH PROFFER PAYMENT
FROM FOUNTAIN SQUARE CONDOMINIUMS LLC FOR THE
CONSTRUCTION OF PARKING ADJACENT TO THE CHESTER
LIBRARY
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
authorized the appropriation of a cash proffer payment in the
amount of $201,600 for the construction of parking adjacent
to the Chester Library. (It is noted the cash proffer payment
was a result of Case 16SN0567, which was an amendment to Case
13SN0520).
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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8.B.10. APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED
WITH RIGHT-OF-WAY ACQUISITION AND ADVERTISEMENT AND
AWARD FOR CONSTRUCTION OF THE MATOACA ROAD AND
HICKORY ROAD INTERSECTION IMPROVEMENT PROJECT
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
authorized the appropriation of $3,142,631 in anticipated
VDOT reimbursements; authorized the County Administrator to
proceed with the right-of-way; authorized the Chairman of the
Board of Supervisors and County Administrator to execute
easement agreements for relocation of utilities; authorized
the Director of Purchasing to proceed with the advertisement
of a construction contract for the project; authorized the
award of a construction contract, up to' $2,100,000, 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 budget for the project.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.B.11. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO CHESTERFIELD
FIRE AND EMERGENCY MEDICAL SERVICES TO PURCHASE AND
INSTALL SIGNAGE AT FIRE STATION 5 FOREST VIEW
VOLUNTEER RESCUE SQUAD
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
authorized the transfer a total of $3,033 in Midlothian
District Improvement Funds to Chesterfield Fire and Emergency
Medical Services to purchase and install signage at Station 5
Forest View Volunteer Rescue Squad.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
8.C. APPROVE THE PURCHASE OF RIVER CITY SPORTSPLEX AND THE
TRANSFER AND APPROPRIATION OF FUNDS FOR THE PURCHASE
Mr. Carmody presented details of the acquisition of River
City Sportsplex. He stated staff is requesting the Board to
approve the acquisition of the developed park for use by
citizens. He further stated tournaments are already scheduled
for the property which eliminates the need for advertisement
initially. He noted staff is committed to restoring the
reallocated park funds used for the purchase. He further
noted the revenues used for the acquisition do not interrupt
any other planned projects, such as schools, general service
or public safety. He stated hotel tax revenues in reserves
will be utilized, which have been restricted for tourism
uses. He stated the net acquisition cost is $5.5 million. He
noted key takeaways are that the acquisition meets identified
recreation needs, uses existing and restricted revenues, and
the funding plan utilizes existing parks resources. He stated
the cost of the property would exceed $25 million if the
endeavor was undertaken at the end of the lease term. He
further stated planned improvements can be accommodated
through broader hotel tax receipts in the General Fund
budget. He further stated operating impacts arising from the
purchase will include one full-time position to supplement
the existing parks maintenance crew assigned to this area of
the county. He noted initial planned improvements include a
turn lane from eastbound Genito Road to give direct access to
prevent the need for u -turns, fencing repairs, complete
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parking areas, restroom improvements and improved concession
areas. He further noted a plan for backfilling the Western
Area Regional Park funding would be forthcoming. He then
noted the long-term vision for the park will be encompassed
in a Parks and Recreation Master Plan. He further noted since
this is an acquisition process with a private seller, the
county's ability to release negotiation information to the
citizens was impacted. He stated the Communications and Media
Department performed widespread media coverage, which
included informing the public of the endeavor, on-site
visits, and hosting a citizen question/answer session. He
further stated these recent media efforts followed several
years of presentations to the Board about sports tourism and
the role of this facility and successes in the sports tourism
initiative. He then stated citizens have attended meetings to
learn about the initiative and the county has had largely
positive feedback. He noted citizens provided feedback on
what improvements they would like to see to the complex. He
further noted the county would work with Richmond Regional
Tourism to attract and secure new events to the complex. He
then noted the funding for the planned improvements would
likely come forward with the 2018 Capital Improvements
Program.
Mr. Elswick stated he would like to open the floor for
citizens to speak to the issue.
Mr. Holland stated he would like to hear from the citizens
and has received some favorable feedback.
In response to Mr. Holland's comments, Mr. Carmody stated the
pricing was contingent upon closing in calendar year 2016;
therefore, Board action needs to occur today to meet that
timeline.
Ms. Jaeckle stated the open house on November 2, 2016 allowed
citizens an opportunity to speak and also provided more time
for citizen feedback.
Ms. Haley stated, the Board set sports tourism as one of its
goals and missions. She further stated she appreciates the
due diligence of staff.
Ms. Jaeckle stated the facilities were not being kept up, and
there was concern that a delay in county ownership would
further degrade the facility.
In response to Mr. Winslow's concerns, Mr. Carmody stated an
increase of one full-time employee to this district is
proposed for maintenance. He further stated the acquisition
provides more field time for citizens resulting in a higher
usage by county residents.
Dr. Worsley stated in response to Mr. Winslow's concerns that
one full-time staff member would be required to supplement
the area, and part-time staff will support the area as
needed.
In response to Mr. Winslow's comments regarding the appraisal
and inspection, Mr. Mincks confirmed the contract would be
contingent on receiving those prior to closing.
Mr. Elswick called for public comment.
Mr. Al Meyer, a resident of the Midlothian District, stated
he attended the open house and supports the transfer and
appropriation of funds for the purchase of River City
Sportsplex.
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Ms. Brenda Stewart, a resident of the Matoaca District,
stated the action is premature and inadequately documented.
She requested a deferral and stated she does not support the
transfer and appropriation of funds for the purchase of River
City Sportsplex.
Ms. Jarica Davis stated concerns of accessibility to the
facility by citizens in other areas of the county. She
requested a deferral in order to receive further information.
Ms. Sheila Bynum -Coleman, a resident of the Dale District,
stated she would like the Board to consider further
development of the land to provide a Senior Citizen Center
and basketball court. She further stated better, healthier
food options from vendors, and Wi-fi access would be
beneficial improvements. She then stated communication with
citizens was not as effective as staff indicated and
requested a deferral until more information could be provided
to citizens.
Ms. Marie Stella, a resident of the Clover Hill District,
requested the Board defer the action because citizens need
more information to support the purchase. She expressed
concerns relative to traffic safety, security, and lack of
public transportation to the facility.
Ms. Margaret Deck stated she does not support the purchase of
River City Sportsplex because if it was a good investment, a
private investor would have purchased it.
Mr. Ron Hayes, a resident of the Midlothian District, stated
he does not have enough information to support the purchase
of the property at this time. He further stated citizens need
more information such as the condition of the property and
therefore suggested the Board defer action.
Mr. Jack Berry, President and CEO <
stated he supports the purchase
Lacrosse and soccer tournaments
conditions; however, due to the
Sportsplex, weather would not be
high occupancies.
f Richmond Region Tourism,
of the property because
are subject to weather
type of fields at the
an obstacle to protecting
Ms. Kristin McGrath, of Richmond Region Tourism, stated she
supports the purchase of the property because clients want
stability for future tournament bookings. She further stated
tournaments support jobs in hotels, restaurants, and other
areas of the county.
Mr. Jon Lugbill, Executive Director of Sports Backers, stated
he supports the purchase of the property because residents
will benefit from the extra amenities at the facility.
Mr. Rodney Martin, a resident of the Midlothian District,
stated he does not support the purchase of the property
because he does not have enough information, and requested a
deferral.
Ms. Tina Guthrow, stated she supports a deferral on the
purchase of the property.
There being no one else to address the issue, the public
comment period was closed.
Ms. Haley stated the purchase of the property falls in
alignment with the Board's mission. She further stated
statistics and forecasting are valid and in alignment with
the correct resources of citizens. She then stated the Board
has been involved in this venture for months. She stated the
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county needs to continue its commitment to be engaged in the
process to retain tournament partners. She further stated the
purchase and revitalization of this property creates a unique
opportunity and value to Chesterfield. She noted she
appreciates citizen comments, and values the comments made
today.
In response to Mr. Winslow's concerns, Dr. Worsley stated the
current use of the Sportsplex is 20 sports tourism events at
the location, which equates to 157,000 visitors with 30,000
being Chesterfield County residents, and 65,000 hotel rooms
in region, with 27,000 in Chesterfield. He then stated
Chesterfield County's total tax revenue from the facility is
over $1 million. He noted there are 12 to 14 events already
scheduled for 2017.
In response to Mr. Winslow's comments, Mr. Carmody stated
today with access to the fields 67,000 +/- persons are repeat
customers who use the fields annually, which includes
individual players only and does not include family members.
He further stated projected numbers of players using the
fields would be closer to 89,000 by the county's acquisition.
He stated in response to Mr. Winslow's concerns regarding the
trade off of the Western Regional Park, the plan is still
scheduled to go forward. He further stated the park would be
opened with passive activities, trails and picnic shelters.
He stated staff would request active amenities to be added to
park in a few years.
In response to Mr. Winslow's concerns, Mr. Jesse Smith stated
there is no impact on the current traffic situation. He
further stated Genito Road is not overloaded, as event
traffic is on weekends, and not during peak hours. He stated
a left-hand turn lane into the Sportsplex will alleviate some
congestion, and there are plans for additional parking areas.
In response to Mr. Winslow's comments, Dr. Worsley stated the
purchase will meet an immediate need and demand for fields.
He. further stated citizens currently utilize the fields
Monday through Thursday, and future predictions include
growth in soccer, Lacrosse and field hockey tournaments in
Chesterfield. He stated Parks and Recreation wants to hear
from the citizens as to what they would like at the facility,
and there will be on-going conversations regarding this. He
then stated the potential purchase does not include plans for
the future; however, the county cannot move forward with
future plans until it has control over the facility. He
stated he is comfortable with the projected tournament
numbers as presented to the Board.
Ms. Jaeckle addressed the comment made about the facility
being in disrepair and stated because the property has a 20 -
year lease, at end of 20 years the property would be in total
disrepair because proper improvements and maintenance are not
being made at this time. She further stated the primary
reason to move forward is for Chesterfield citizens to
receive field use. She then stated the hotel community is in
support of using hotel tax revenue to purchase the property.
She noted the Board will have citizen input on future
planning of the facility.
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Dr. Casey stated the possibility of purchase was going to
come at some point in time, and the question is when the
purchase would take place. He further stated the County has a
lease that has been invested in and is amortized over time.
He then stated the appraisal price of the property is greater
than the purchase price. He stated tournaments carry the
costs of the facility and the Hotel Association is in favor
of the purchase of Sportsplex. He further stated he respects
all comments made by citizens and has spoken to numerous
citizens since the announcement was made. He noted the county
would become an owner instead of a tenant.
Mr. Holland stated he valued the input of the citizens and
understands communications can be improved upon. He then
stated the information was in the Chesterfield Observer and
recognized that all households do not receive the Observer.
He stated he informed staff to seek to purchase the property
once the owner went bankrupt. He further stated he was
familiar with the numbers, and by owning the property the
county will control its destiny. He noted the taxes collected
from tourists will benefit the county and subsequently
education in the county.
Mr. Elswick stated the underlying question for the Board is
whether the Board thinks the property is a good investment
for the county. He noted there are 12 fields at the complex,
and the number of citizens utilizing the fields is
tremendous. He then noted the park is pad -ready for three
additional fields. Mr. Elswick stated the estimate to replace
the field capacity is $2 million per field, which would
equate to $24 million to replace the current field capacity
at Sportsplex.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
authorized the purchase of a parcel of land, commonly known
as River City Sportsplex, containing 115 acres, more or less,
from Sports Complex Holdings, LLC, and authorized the County
Administrator to execute the contract and deed, as well as
transfer approximately $1.815 million from the Western Area
Regional Park, transfer $106,437 from park improvements,
appropriate and transfer approximately $2.65 million in
restricted hotel tax reserves and appropriate and transfer
approximately $1.065 million in parks cash proffers.
Mr. Mincks clarified the vote would also be approving the
appropriation with the contract as written.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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9. REPORTS
9.A. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR CHESTERFIELD COUNTY PUBLIC SCHOOLS
(CASE 17PD0147) TO PERMIT A PUBLIC ELEMENTARY SCHOOL IN
AN AGRICULTURAL (A) DISTRICT LOCATED IN THE DALE
MAGISTERIAL DISTRICT (BEULAH ELEMENTARY SCHOOL)
Ms. Jaeckle stated a sidewalk is being installed in front of
the new elementary school, and sidewalks should put into the
Capital Improvements Plan moving forward.
On motion of Mr. Holland, seconded by Ms. Jaeckle the Board
accepted the revised report of the Planning Commission
Substantial Accord determination for Chesterfield County
Public Schools (Case 17PD0147) to permit a public elementary
school in an Agricultural (A) District in the Dale
Magisterial District (Beulah Elementary School).
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. DINNER
12. INVOCATION
The Honorable Dorothy Jaeckle, Bermuda District Supervisor,
gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Joseph Combs led the Pledge of Allegiance to the
Flag of United States of America.
14. RESOLUTION
14.A. RECOGNIZING MR. JOSEPH SCOTT COMBS UPON ATTAINING
THE RANK OF EAGLE SCOUT
Ms. Ruth introduced Mr. Joseph Combs, who was present to
receive the resolution.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
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WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Joseph Scott Combs,
Troop 2860, sponsored by Woodlake United Methodist Church,
has accomplished those high standards of commitment and has
reached the long -sought goal of Eagle Scout, which is
received by only four percent of those individuals entering
the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Joe has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 16th day of November 2016,
publicly recognizes Mr. Joseph Scott Combs, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the county to have such an
outstandina vouna man as its citizen.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Elswick presented Mr. Combs with the resolution and a
county patch and congratulated him on his outstanding
achievement.
Mr. Combs provided details of his Eagle project, which was
the building four benches in the bus loop at Clover Hill
Elementary.
15. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Dominic Carter with RVA, Rapid Transit, said a prayer for
the county. He requested the Board do a study regarding the
need for transit.
Dr. Mike Harton, a member of the Board of RVA Rapid Transit
and a resident of the Midlothian District, presented a
regional survey regarding public transportation needs in
Chesterfield County. He requested the Board do a feasibility
study regarding rapid transit.
Ms. Cloud Ramirez, President of Empowered Warriors, requested
the Board review the need for public transportation in the
county.
Ms. Jane Dowrick, a resident of the Midlothian District, and
lay member of Metro Richmond Clergy Committee for Rapid
Transit, stated a walkable Midlothian would go hand-in-hand
with public transportation needs. She further stated the need
for public transportation in the county is imperative for
county growth. She then requested the Board to conduct a
study regarding land use and transportation needs.
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Mr. Nicholas Briley stated public transportation is needed in
order to draw businesses to areas of the county. He further
stated that minimum wage workers have to pay high costs for
transportation because the county does not have public
transportation options.
Mr. Holland requested that Reverend Campbell, who was in the
audience, share information regarding a feasibility study
with the Transportation Department and also provide that
information to the Board.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: WITHDRAWALS/DEFERRALS - CASES WHERE THE
APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 18
17SN0538
In Mataoca Magisterial District, Sherri A. Walker requests
conditional use to permit a family day-care home and
amendment of zoning district map in an Agricultural (A)
District on 2.4 acres known as 6220 Claypoint 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 744-671-1850.
Mr. Turner presented a summary of Case 17SN0538 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Ms. Sherri Walker stated the recommendation is acceptable.
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. Jaeckle, the Board
approved Case 17SN0538, subject to the following conditions:
1. Non -Transferable Ownership: This conditional use
approval shall be granted to and for Sherri A. Walker,
exclusively, and shall not be transferable nor run with
the land. (P)
2. Expansion of Use: There shall be no exterior additions
or alterations to the existing structure to accommodate
this use. (P)
3. Signage: There shall be no signs permitted to identify
this use. (P)
4. Number of Children: This conditional use approval shall
be limited to providing care, protection and guidance to
a maximum of twelve (12) children, other than the
applicant's own children, at any one time. (P)
5. Days of Operation: This conditional use shall be
permitted to operate seven (7) days a week. (P)
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6. Evening and Overnight Care of Children: A maximum of
three (3) children may be cared for in the evening and
overnight with the operator of the family day-care home,
after the hour of 6:30 p.m. (P)
7. Pick-up and Drop-off:
a. With the exception of three (3) children cared for
in the evening and overnight, pick-up and drop-off
shall be between the hours of 6 a.m. to 6:30 p.m.
b. Pick-up and drop-off for evening and overnight care
shall not occur later than 10 p.m. (P)
8. Time Limitation: This conditional use approval shall be
granted for a period not to exceed f ive ( 5 ) years f rom
the date of approval. (P)
9. Outdoor Play Areas: A fenced outdoor play area shall be
constructed within two (2) years of receiving approval
for this use or upon receiving two (2) toddlers (two
years or older) for care, whichever occurs first. The
fenced area shall be located within the side and rear
yard of the property and provide connection to the rear
deck access. The perimeter fencing shall be at least
four (4) feet in height and constructed in the general
area as shown in Exhibit 1. Until such time as the
fenced play area is constructed, the outdoor play area
shall be confined to the rear deck of the house where
the perimeter is secured. Upon request, the applicant
shall provide the Planning Department written
documentation reflecting the ages of the children
enrolled for care. (P)
10. Employees: No more than three (3) employees shall be
permitted to work on the premises, other than family
member employees that live on the premises. No overnight
care shall be provided by employees. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
17SN0539
In Matoaca Magisterial District, Janie C. Munoz and Marcelo
P. Munoz request conditional use to permit a business (mobile
food vending) incidental to a dwelling and amendment of
zoning district map in a Residential (R-15) District on 1
acre known as 9813 Qualla 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
741-662-1756.
Mr. Turner presented a summary of Case 17SN0539 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Ms. Janie Munoz and Mr. Marcelo Munoz stated the
recommendation is acceptable.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
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On motion of Mr. Elswick, seconded by Ms. Haley, the Board
approved Case 17SN0539, subject to the following conditions:
1. Non -Transferable Ownership: This Conditional Use approval
shall be granted exclusively to Janie C. and/or Marcelo
P. Munoz, and shall not be transferable with the land.
(P)
2. Location of Use: The use shall be confined to a maximum
of 400 square feet within the existing dwelling, with no
exterior additions/alterations to accommodate the use.
(P)
3. Employees and Clients: No employees shall be permitted
to work on the premises, other than family member
employees that live on the premises. No clients shall be
permitted on the property. (P)
4. Group Assembly: Group assembly shall be prohibited. (P)
5. Equipment/Vehicles. No more than one (1) vehicle and one
(1) vendor trailer associated with the business shall be
parked on the premises. The vehicle shall not exceed
10,000 pounds or have more than 2 axles. The vendor
trailer shall not exceed one (1) axle, thirteen (13)
feet in length and 3,200 pounds. (P)
6. Signage: There shall be no signs identifying this use.
(P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
17SN0541
In Matoaca Magisterial District, Wannetta T. Trotter requests
conditional use to permit a family day-care home and
amendment of zoning district map in a Residential (R-7)
District on 0.2 acre known as 21016 Orange Hill Avenue.
Density will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for High Density Residential use (8-12 dwellings
per acre). Tax ID 795-611-4933.
Mr. Turner presented a summary of Case 17SN0541 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Ms. Wanetta T. Trotter stated the recommendation is
acceptable.
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. Holland, the Board
approved Case 17SN0541, subject to the following conditions:
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1. Non -Transferable Ownership. This conditional use
approval shall be granted to and for Wannetta T.
Trotter, exclusively, and shall not be transferable nor
run with the land. (P)
2. Expansion of Use. There shall be no exterior additions
or alterations to the existing structure to accommodate
this use. (P)
3. Signage. There shall be no signs permitted to identify
this use. (P)
4. Number of Children. This conditional use approval shall
be limited to providing care, protection and guidance to
a maximum of twelve (12) children, other than the
applicant's own children, at any one time. (P)
5. Days of Operation. This conditional use shall be
permitted to operate seven (7) days a week. (P)
6. Pick-up and Drop-off of Children. Pick-up and drop-off
shall be between the hours of 6 a.m. to 7 p.m. (P)
7. Evening and Overnight Care of Children. A maximum of
three (3) children may be cared for in the evening and
overnight hours (7 p.m. to 6 a.m.) with the operator of
the family day-care home. (P)
8 Time Limitation. This conditional use approval shall be
granted for a period not to exceed five (5) years from
the date of approval. (P)
9. Fenced Outdoor Play Areas. Any outdoor play area and/or
recreational equipment utilized by the family day-care
home shall be located in the side or rear yard of the
property. Outdoor play and/or recreational equipment
areas shall have perimeter fencing of at least four feet
in height, installed around the equipment or play area.
Equipment for outdoor play areas shall be located no
closer than fifteen (15) feet to the side or rear
property lines. (P)
10. Employees. No more than one (1) employee shall be
permitted to work on the premises, other than family
member employees that live on the premises. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
17eNn9A1
In Clover Hill Magisterial District, Iqra Academy of Virginia
requests amendment of conditional use (Case 82SN0088) to
transfer operating rights of a private school and amendment
of zoning district map in an Agricultural (A) District on
15.7 acres known as 10700 Academy Drive. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Residential use (2.5 dwellings/acre or less) and
Conservation/Recreation use. Tax ID 744-693-9559.
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Mr. Turner presented a summary of Case 17SN0563 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered condition.
Mr. Andy Scherzer, representing the applicant, accepted the
recommendation.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
approved Case 17SN0563 and accepted the following proffered
condition:
With the approval of this request Proffered Condition 1 of
Case 82SN0088 shall be amended as outlined below. All other
conditions of Case 82SN0088 shall remain in force and effect.
This Conditional Use shall be granted to and for Iqra
Academy of Virginia and shall not be transferrable nor
run with the land. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
17awnMOR
In Dale Magisterial District, Chesterfield County Airport
requests rezoning from Agricultural (A) to Light Industrial
(I-1) plus conditional use to permit airport use and
amendment of zoning district map on 6.5 acres fronting 100
feet on the south line of Cogbill Road, 2,325 feet east of
Belmont Rd. Density will be controlled by zoning conditions
or Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Industrial use. Tax IDs 765-675-
1390; 3076 and 5843.
Mr. Turner presented a summary of Case 17SN0585 and stated
both the Planning Commission and staff recommended approval.
Mr. Pat Driscoll stated the recommendation is acceptable.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Holland stated a community meeting was held by the
Planning Commission.
Mr. Holland then made a motion, seconded by Ms. Haley, for
the Board approve Case 17SN0585.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
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16SN0735
In Clover Hill Magisterial District, Edward S. Waggoner and
Lisa M. Waggoner request conditional use to permit a business
(power washing) incidental to a dwelling and amendment of
zoning district map in a Residential (R-12) District on 0.5
acre known as 1407 Westbury Knoll Lane. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Residential use (2.5 dwellings/acre or less). Tax ID 740-
695-2604.
Mr. Turner presented a summary of Case 16SN0735 and stated
the Planning Commission recommends approval. He further
stated staff does not support the request because the request
does not comply with the Comprehensive Plan and it represents
commercial encroachment within a residential neighborhood. He
noted adjoining property owners support the request. He
further noted if the Board approves the request, it should be
subject to the conditions.
Mr. Edward Waggoner and Ms. Lisa Waggoner stated the Planning
Commission's recommendation is acceptable and accepted the
conditions.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Winslow stated, one community meeting was held where a
citizen spoke in favor of the request, and neighbors support
the request.
Mr. Winslow then made a motion, seconded by Ms. Jaeckle, for
the Board to approve Case 16SN0735, subject to the following
conditions:
1. Use. This Conditional Use approval shall be for the
operation of a business (power washing), incidental to a
dwelling. (P)
2. Non -Transferable Ownership. This Conditional Use approval
shall be granted exclusively to Edward S. Waggoner and
Lisa M. Waggoner, and shall not be transferable with the
land. (P)
3. Time Limitation. This Conditional Use shall be granted
for a period of five (5) years. (P)
4. Location of Use. The
existing dwelling and
Exhibit A, dated August
use shall be confined to the
the paved driveway area noted on
12, 2016. (P)
5. Employees and Clients. No more than two (2) employees
shall be permitted to work on the premises, other than
family member employees that live on the premises. No
clients shall be permitted on the property. (P)
6. Equipment/Vehicles. No more than two (2) vehicle
associated with the business shall be parked on the
premises. The vehicles shall not exceed 10,000 pounds or
have more than two (2) axles. (P)
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7. Signage. There shall be no signs identifying this use.
(P)
8. Hours of Operation. The operation of the business (power
washing), to include the movement of equipment or
vehicles, shall be limited to Monday through Friday from
7:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to
12:00 p.m. There shall be no operation of the use on
Sunday. (P)
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO CONSIDER VARIOUS CHANGES TO THE COUNTY CHARTER
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider proposed
amendments to the County Charter. He presented an overview of
the Charter and proposed amendments. He stated the proposed
amendments to the Charter would ensure the Charter is
consistent with the way the county currently operates.
Mr. Elswick called for public comment.
Ms. Sheila Bynum -Coleman requested a full list of the
proposed amendments to the County Charter. She stated she
does not support the proposed amendments that give additional
powers to the County Administrator. She further requested a
deferral until further citizen input could be received.
Mr. Jerry Horton, a resident of the Matoaca District, stated
he does not support the proposed amendments to the County
Charter that allow the County Administrator additional
powers.
Mr. Kevin Carroll, President of Fraternal Order of Police of
Virginia, and President of the Chesterfield Fraternal Order
of Police, stated he does not support the proposed amendments
to the County Charter that would provide the County
Administrator the ability to dismiss the Police Chief without
the consultation of the Board.
Mike Spraker, a resident of the Bermuda District, retired
member of the Chesterfield County Police Department, and
member of Chesterfield Police Foundation, stated he opposes
the provision that requires "reason to remove the police
chief." He further stated the proposed amendments would allow
political influence and interference in police work;
therefore, he does not support the proposed amendments to the
County Charter.
Mr. Freddie Boisseau, a resident of the Bermuda District,
requested the Board delay its decision on the proposed
amendments to the County Charter until further research can
be conducted including citizen input.
Ms. Wendy Austin stated she does not support the amendment to
the County Charter that removes the Committee on the Future
because the committee is a valuable asset to the county and
its citizens.
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Mr. Victor Mayfield asked for clarification as to the
definition of "substantial accord."
In response to Mr. Mayfield, Mr. Mincks stated under the
provision of substantial accord, if a piece of property is
not shown on the Comprehensive Plan, then there has to be a
determination that it is in accordance with the plan. He
further stated this provision means if a determination has
already been made for a facility, then an additional piece of
real estate could be added to the overall property without
having to go through substantial accord again.
Ms. Jaeckle stated in response to Mr. Mayfield, the reason
for the substantial accord issue is, due to the replacement
of Enon Elementary School, the Board had to go through the
substantial accord process to acquire adjacent land even
though the seller was willing to sell the property. She
further stated the proposed amendment to the County Charter
would allow for expansion of a public facility without having
to go through the substantial accord process again.
Mr. Mayfield commented he was unsure how to handle his
personal issue because he was told he could not build a home
on some land due to the County's Comprehensive Plan.
Ms. Nancy Finch stated she supports the proposed amendments
to the County Charter because there does not appear to be
anything suspect. She further stated the Board should request
more community involvement for the citizenry to support the
proposed amendments to the County Charter. She noted she
fully supports the idea of a feasibility study for
transportation.
Ms. Judy Stoneman stated the Police Department is a vital
part of the community. She further stated she does not
support the proposed amendments to the County Charter.
Mr. Rodney Martin, a resident of the Midlothian District,
stated he does not support the proposed amendments to the
County Charter. He requested the Board receive additional
citizen input before approval.
Mr. Ken Davis, a resident of the Midlothian District, stated
he does not support the proposed amendments to the County
Charter and requested additional citizen input.
Mr. Brian Sheldon stated he does not support the proposed
amendments to the County Charter. He further stated there
needs to be more citizen input before approval.
Mr. Ruben Waller, a resident of the Midlothian District,
stated the county may want to look at a change in the form of
county government. He further stated the county should
research the benefit of incorporating the county into a city.
He then stated he does not support the proposed amendments to
the County Charter.
Mr. Larry Phillips, a resident of the Bermuda District,
stated he does not support the proposed amendments to the
County Charter.
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11/16/16
Ms. Brenda Stewart, a resident of the Matoaca District,
stated she does not support the proposed amendments to the
County Charter. She further stated the Board should be more
transparent and requested more citizen input before accepting
the proposed amendments.
Ms. Jackie Gonzalez, a resident of the Dale District, stated
she does not support the proposed amendments to the County
Charter. She further stated there needs to be more citizen
involvement before the changes are approved.
There being no one else to address the issue, the public
hearing was closed.
Mr. Winslow made a motion to defer this item 30-60 days in
order to give the citizens an opportunity to provide input.
Ms. Haley seconded Mr. Winslow's motion to defer the item.
Mr. Holland stated he values citizen input and agrees the
process should be slowed down to allow for additional citizen
input.
Ms. Jaeckle stated the new County Administrator search was
outside of the county. She further stated the Board tasked
Dr. Casey with reviewing the Charter and suggesting changes
to the Board. She then stated the Board having to use the
veto power of the police chief would be more harmful to the
county than having the County Administrator hire or dismiss
the police chief. She noted public comments support a
deferral by the Board.
Ms. Haley stated she appreciates all of comments from the
citizens. She further stated citizens should use email to
communicate with their Board members regarding specific
issues, concerns and suggestions.
Mr. Winslow stated a deferral for 30 days would give the
Board the opportunity to review the changes more closely and
allow for citizen input.
Dr. Casey stated he is a public servant and was tasked with
the assignment of looking at the Charter and how the county
works. He further stated there is only one citizen -based
committee referenced in the Charter, and there are many
citizen -based committees. He then stated all Chesterfield
citizens should be aware of the Charter and the provisions
within the Charter. He stated citizen input is welcome.
Mr. Elswick stated the County Administrator performed the
task as the Board asked of him, which was to look at the
Charter with fresh eyes. He further stated the article was
published in the newspaper without any comment from the Board
or County Administrator. He stated the Board did not intend
to rush the changes through the process. He further stated
the Board and Dr. Casey will hold a community meeting to
inform the public and receive feedback regarding the proposed
amendments.
Dr. Casey stated a community meeting regarding the proposed
amendments to the County Charter has been scheduled for
December 1, 2016, at 7 p.m. at the Chesterfield Career and
Technical Center on Hull Street Road.
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Mr. Elswick called for a vote on the motion of Mr. Winslow,
seconded by Ms. Haley for the Board to defer consideration of
the proposed amendments to the County Charter to December 14,
2016.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Holland commented on Ms. Finch's earlier comments
regarding a transportation study. He stated the county needed
to look at transportation on a regional basis.
17.B. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF RIGHT OF WAY AND EASEMENTS FOR THE
LUCKS LANE (SPIREA ROAD TO EAST EVERGREEN PARKWAY)
WIDENING PROJECT
Mr. Jesse Smith stated this date and time has been advertised
for a public hearing for the Board to consider the exercise
of eminent domain for the acquisition of right of way and
easements for the Lucks Lane (Spirea Road to East Evergreen
Parkway) widening project. He then stated the property was
previously a recreational association and the association has
requested the county to file a certificate on the property.
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 Board
authorized the exercise of eminent domain on the following
parcel, including filing of a certificate of deposit, for the
acquisition of right-of-way and easements for the Lucks Lane
(Spirea Road to East Evergreen Parkway) Widening Project:
1. Evergreen Recreational Association, Inc., 1201 Walton
Bluff Parkway, GPIN 7356962333.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
17.C. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF RIGHT OF WAY AND EASEMENTS FOR THE
MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY ROAD
WIDENING PROJECT
Mr. Jesse Smith stated this date and time has been advertised
for a public hearing for the Board to consider the exercise
of eminent domain for the acquisition of right of way and
easements for the Magnolia Green Community Development
Authority Road widening project. He presented a summary of
the project, which has been in the works since 2007 and
includes the widening of Woolridge Road to four lanes
including construction of a raised median. He further stated
meetings have been held with citizens over the past two
years. He noted revisions to the project were made to
address citizen concerns. He stated the plans have been fully
approved by VDOT and all of the right of way in Phase I has
been cleared. He further stated it is important to proceed
on Phase II involving seven parcels with four property
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owners. He then stated Mr. Anderson's property contains a
French drain as well as a drainfield and the plans have been
redesigned to avoid the facilities. He stated the power lines
will be moved to be over the drainfield. He further stated an
offer has been made to Mr. Anderson through his attorney;
however, Mr. Anderson's attorney has not provided a
counteroffer at this point. He noted tree clearing and
utility relocation needs to move forward to keep the project
on schedule. He stated Ms. Glenn's property is adjacent to
Mr. Anderson's property and has powerlines in the front yard,
and also a well. He further stated the county will connect
Ms. Glenn's property to county water in order to eliminate
the well. He noted to date no counteroffer has been received
from Ms. Glenn. He stated the north side of the property is
owned by Foxfire Community Association and the south side is
owned by Foxcroft Community Association. He further stated
the land on the north side will be acquired from the Foxfire
Homeowner's Association. He then stated the powerlines will
be relocated and fencing will need to be replaced. He noted
the entrances to neither neighborhood will be impacted by
this project. He stated Foxcroft, which located on the south
side of Woolridge Road, will require slope easements, some
right of way and slope easements toward the entrance and
fencing would be replaced for a consistent look. He further
stated an easement at the entrance to the two neighborhoods
would be required for temporary construction easements. He
noted the neighborhoods have requested a multi -lane
roundabout however, it is the opinion of Transportation that
a multi -lane roundabout is not the right solution for the
corridor due to safety concerns. He also noted the reason for
the urgency on this matter is if the Dominion tree cutting
crews leave the property before completion, it is extremely
difficult to get them back on site.
In response to Ms. Haley's concerns, Mr. Smith stated the
homeowner's associations need a two-thirds vote of the entire
association in order to convey the property. He further
stated the Board has a copy of a letter from the attorney for
the Andersons regarding the drainfield and French drain. He
then stated there are no plans to touch the drainfield or the
French drain and if damage should occur during construction,
the homeowner would be protected.
In response to Ms. Jaeckle's concerns, Mr. Smith stated
precautions are being taken to avoid destruction of the
drainfield and French drain.
In response to Mr. Holland, Mr. Smith stated waterline
connection fees will be covered by the county, and Ms. Glenn
will have no out-of-pocket expense to connect to county
utilities.
Mr. Elswick called for public comment.
Mr. Chuck Finite, Vice President of the Foxcroft Homeowner's
Association stated the project was rushed, and he does not
understand the urgency. He further stated he does not support
the use of eminent domain at this point.
Mr. Ivars Bemberis, member of the Board of Directors of
Foxcroft, stated he does not support the use of eminent
domain at this point. He requested a deferral of this item
for 60 days to allow time for further study. He then stated
if the deferral is not granted, a meeting is requested with
the County Administrator and Chairman Elswick.
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Mr. Jim Brong, President of Foxfire Homeowner's Association,
stated he does not support the use of eminent domain and
asked the Board to direct staff to model a two-lane
roundabout option and deny the eminent domain request.
Mr. Christopher Spruill, a resident of Foxcreek, stated he
does not support a roundabout on Woolridge Road and provided
the Board with a petition signed by citizens stating the
same. He further stated he supports the project with the
current design.
Mr. Ken Litner, Secretary of the Foxcroft Board, stated the
Board of Supervisors has sufficiently communicated the plan
to the citizens, and he does not support a four -lane
roundabout.
There being no one else to address the issue, the public
hearing was closed.
Mr. Elswick stated the widening of Woolridge Road has been on
the county's Thoroughfare Plan since 1989. He further stated
no proffers were in place and the project has been in the
works since 2007. He then stated the county began moving
forward with the project in 2013. He noted a number of
community meetings have been held to discuss the widening of
Woolridge Road and to address citizen concerns. He noted he
instructed staff to obtain current counts on Woolridge Road;
reevaluate traffic projections based on current and future
zoning; asked VDOT and CDOT to reevaluate traffic signaling
devices based on current traffic count and projected traffic
count; asked VDOT and staff engineers to reevaluate all turn
around locations wherein citizens were concerned about safety
and u -turns; asked staff to provide funding sources for bike
lanes and sidewalks; asked staff to identify ways to minimize
buffer reductions impacting key locations until such time the
sidewalks and bike lanes could be built; and asked staff to
request the Richmond Realtors Association to evaluate the
impact of widening four -lane roads on property values. He
noted he shared the information with the homeowners
associations. He stated a meeting was held at Cosby High
School as a follow-up to the original meeting to address
citizen safety concerns. He further stated staff and the
Board, have been relentless in making sure everything was
being done to ensure the safety of the citizens in the area.
He then stated signalization at the two intersections would
be provided. He also stated the travel -lane width would be
reduced to allow for bike lanes. He stated cross-over lane
locations were addressed and staff tried to minimize the
impact of the project on citizens by cutting back on the
width of medians where applicable. He further stated in
consideration of citizen safety, crosswalks and signals for
citizens to safely cross streets would be installed. He then
directed Board members to Exhibit 5 in their packet to an
email dated December 1 at 9:09 P.M. addressed to Jay
Stegmaier and Bill Dupler complementing the diligence of
staff. He stated in response to emails concerning a
roundabout, he responded the decision has been made, and
engineering has been done. He noted there is no pot of money
that needs to be spent. He further noted the road is
important to the future of the county. He then noted if work
by Dominion Power stops, it will be difficult to get them
back.
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Ms. Jaeckle stated Mr. Elswick has worked hard to make this
project work. She stressed a decision needs to be made and a
deferral does not add any additional information to the
project; therefore, she supports the project.
Mr. Elswick complimented staff on their diligence and
thoroughness in addressing all safety issues.
Mr. Elswick then made a motion, seconded by Mr. Holland, for
the Board to authorize the exercise of eminent domain on the
following parcels, including the filing of a certificate of
deposit, for the acquisition of right-of-way and easements
for the Magnolia Green Community Authority Road Widening
Project:
1. John H. Anderson, Jr. and Sharon L. Anderson, 620C
Woolridge Road, GPIN 7106769757; and
2. Faye L. Glenn, 6120 Woolridge Road, GPIN 7116760696; and
3. Foxfire Community Association, Inc., GPIN 7136784169; and
4. Foxfire Community Association, Inc., GPIN 7146783126; and
5. Foxcroft Homeowners Association, Inc., GPIN 7146774428;
and
6. Foxcroft Homeowners Association, Inc. GPIN 7156789326;
and
7. Foxcroft Homeowners Association, Inc. GPIN 7166783028;
and
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Mr. Elswick stated the exercise of eminent domain would move
forward with the understanding that Transportation will
continue to negotiate with property owners.
17.D. TO CONSIDER AN ORDINANCE TO VACATE A SIXTEEN -FOOT
DRAINAGE EASEMENT ACROSS LOT 8, STONE HARBOR
SUBDIVISION
Mr. John Harmon stated this date and time has been advertised
for a public hearing for the Board to consider an ordinance
to vacate a sixteen -foot drainage easement across lot 8,
Stone Harbor subdivision.
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 Board
adopted the following ordinance to vacate a portion of a 16 -
foot drainage easement across Lot 8, Stone Harbor
Subdivision:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to STEPHEN A. SHAFFER and CARLA
M. SHAFFER, ("GRANTEE"), a portion of a
16' drainage easement across Lot 8, Stone
Harbor Subdivision, MIDLOTHIAN
Magisterial District, Chesterfield
County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's
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Office, Circuit Court, Chesterfield
County, Virginia in Plat Book 201, at
Page 63.
WHEREAS, Stephen a. Shaffer and Carla M. Shaffer,
petitioned the Board of Supervisors of Chesterfield County,
Virginia to vacate a portion of a 16' drainage easement
across Lot 8, Stone Harbor Subdivision, MIDLOTHIAN
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 201, Page
63, by Joseph , Cox & Associates, Inc., dated September 10,
2009, revised October 22, 2009 and recorded February 3, 2010.
The portion of easement petitioned to be vacated is more
fully described as follows:
A portion of a 16'drainage easement,
across Lot 8, Stone Harbor Subdivision,
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 portion of 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 portion of 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 Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the easement hereby vacated in the
property owners of Lot 8, Stone Harbor Subdivision, 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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17.E. TO CONSIDER AN ORDINANCE TO VACATE A TWELVE -FOOT AND
SIXTEEN -FOOT ALLEY ADJACENT TO LOTS 1-14 AND 26-27,
BLOCK 21, RAYON PARK
Mr. John Harmon stated this date and time has been advertised
for a public hearing for the Board to consider an ordinance
to vacate a twelve -foot and sixteen -foot alley adjacent to
Lots 1-14 and 26-27, Block 21, Rayon Park.
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. Jaeckle, the Board
adopted the following ordinance to vacate a 12 -foot and 16 -
foot alley adjacent to Lots 1-14 and 26-27, Block 21, Rayon
Park:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to BILL W. SPENCE, SR. and LINDA
W. SPENCE, (husband and wife); C. WAYNE
GOFF; C.W.G. PROPERTIES, INC.; and GEORGE
W. ESPINAL NUNEZ and YERMANNY VASQUEZ DE
ESPINAL ("GRANTEE"), a 121and a 16' alley
behind Lots 1-14 and 26-27, Block 21,
Rayon Park, BERMUDA Magisterial
District, Chesterfield County, Virginia,
as shown on a plat thereof duly recorded
in the Clerk's Office, Circuit Court,
Chesterfield County, Virginia in Plat
Book 4, at Pages 150 and 151.
WHEREAS, Bill W. Spence, Sr. and Linda W. Spence,
petitioned the Board of Supervisors of Chesterfield County,
Virginia to vacate a 12'and a 16' alley behind Lots 1-14 and
26-27, Block 21, Rayon Park, BERMUDA Magisterial District,
Chesterfield County, Virginia more particularly shown on a
plat of record in the Clerk's Office of the Circuit Court of
said County in Plat Book 4, Pages 150 and 151, by W. W.
LaPrade & Bros., dated July 5, 1928 and last revised July 31,
1928, recorded September 7, 1928. The easement petitioned to
be vacated is more fully described as follows:
A 12' and a 16' alley, behind Lots 1-14
and 26-27, Block 21, Rayon Park the
location of which is more fully shown on
a plat made by W. W. LaPrade & Bros,
dated July 5, 1928 and last revised July
31, 1928, a copy of which is attached
hereto and made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the alley sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
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That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid alley be and is
hereby vacated.
The vacation of the alley will necessitate a lot line
modification plat to be submitted that combines the land from
the alley vacation with the adjoining lots. No building
permits will be released for these lots until the lot line
modification plat is approved and recorded.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office,
Circuit Court, Chesterfield County, Virginia pursuant to
Section 15.2-2276 of the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the alley hereby vacated in the property
owners of Lots 1-14 and 26-27, Block 21, Rayon Park, free and
clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the GRANTOR and GRANTEE, or their successors in
title.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
17.F. TO CONSIDER AN ORDINANCE TO VACATE A RIGHT OF WAY
ADJACENT TO MEADOWVILLE ROAD WITHIN MEADOWVILLE
LANDING AT RIVER'S BEND, SECTION 2
Mr. John Harmon stated this date and time has been advertised
for a public hearing for the Board to consider an ordinance
to vacate a right of way adjacent to Meadowville Road within
Meadowville Landing at River's Bend, Section 2.
Mr. Elswick called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following ordinance to vacate a right of way
adjacent to Meadowville Road within Meadowville Landing at
River's Bend, Section 2:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to TWIN RIVERS LLC, a Virginia
limited liability company, ("GRANTEE"), a
right of way along Meadowville Road
within Meadowville Landing at River's
Bend, Section 2, 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 239, at Pages 16 and 19.
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WHEREAS, Twin Rivers LLC, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
right of way along Meadowville Road within Meadowville
Landing at River's Bend, Section 2, 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 239, Pages 16 and
19, by Townes Site Engineering, dated June 27, 2016 and
recorded July 11, 2016. The right of way petitioned to be
vacated is more fully described as follows:
A right of way along Meadowville Road
within Meadowville Landing at River's
Bend, Section 2, the location of which is
more fully shown on a plat made by Townes
Site Engineering, dated June 27, 2016 and
recorded July 11, 2016, a copy of which
is attached hereto and made a part of
this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the right of way 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 right of way be and
is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office,
Circuit Court, Chesterfield County, Virginia pursuant to
Section 15.2-2276 of the Code of Virginia, 1950, as amended.
GRANTEE, hereby conveys unto the GRANTOR and GRANTOR
hereby reserves a 16' drainage easement for VDOT maintenance
and buffer as shown on the attached plat.
The effect of this
2274 is to destroy the
the portion of the plat
fee simple title to the
vacated in the abutting
rights of public use.
Ordinance pursuant to Section 15.2 -
force and effect of the recording of
vacated. This Ordinance shall vest
centerline of the right of way hereby
property owner free and clear of any
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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P]
P]
CEJ
A
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining manufactured home permits or zoning
requests at this time.
19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were two requests to address the Board at this time;
however, neither of the persons was present.
20. ADJOURNMENT
On motion of Holland, seconded by Haley, the Board adjourned
at 9:08 p.m. until November 29, 2016 at 1:00 p.m. for a joint
work session with the Planning Commission in Room 502 of the
County Administration Building.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Jos P. Casey
ounty Administrator
Step en A. Elswick
Chairman
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