06/27/2018 MinutesBOARD OF SUPERVISORS
MINUTES
June 27, 2018
Supervisors in Attendance:
Ms. Dorothy A. Jaeckle, Chair
Ms. Leslie A. T. Haley, Vice Chair
Mr. Christopher M. Winslow
Mr. James M. Holland
Mr. Stephen A. Elswick
Dr. Joseph P. Casey
County Administrator
Ms. Jaeckle called the meeting to order at 3:00 p.m. She
noted Mr. Holland's absence at the afternoon session, due to
a medical procedure.
1. APPROVAL OF MINUTES FOR MAY 23, 2018
On motion of Ms. Haley, seconded by Mr. Elswick, the Board
approved the minutes of May 23, 2018, as submitted.
Ayes: Jaeckle, Haley, Winslow, and Elswick.
Nays: None.
Absent: Holland.
2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Winslow, seconded by Ms. Haley, the Board
replaced Item 12.A.7., Appointments to the Community Criminal
Justice Board; added Item 12.B.18., Authorization for County
Attorney to Petition the Circuit Court, on Behalf of the
Board of Supervisors, for a Writ of Election to Fill the
Vacancy in the Office of the Commonwealth's Attorney of
Chesterfield County; moved Item 12.B.17., Appropriation of
Funds for the Baxter Perkinson Center for the Arts to follow
Consent Items as a stand-alone New Business Item; and
replaced Item 16.E., Public Hearing to Consider the Leasing
of the Watkins Annex to the Lifelong Learning Institute, and
approved the agenda, as amended.
Ayes: Jaeckle, Haley, Winslow, and Elswick.
Nays: None.
Absent: Holland.
3. WORK SESSIONS
3.A. EVERY DAY EXCELLENCE - POLICE DEPARTMENT
Chief Jeffrey Katz, accompanied by Corporal Beatrice Thomas,
Police Department Social Media Coordinator, shared
information to the Board of Supervisors relative to the
successes associated with the Police Department's very
innovative social media program.
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Board members commended the efforts of the Police Department
for their innovativeness and positive reflection of the
county.
3.B. COOPERATIVE EXTENSION UPDATE
Mr. Mike Likins, Director of Cooperative Extension, presented
an update to the Board of Supervisors regarding county and
state personnel and programs in the Cooperative Extension
office; new facilities and program expansion; and in -school
and after-school programs along the Route 1 corridor. He
stated the department maintains a collaboration among the
land-grant universities of Virginia State, Virginia Tech and
the locality. He further stated Cooperative Extension is a
field -faculty for the universities charged with
"cooperatively extending" research -based information to the
end-user, the citizens, in a usable format by various means,
such as traditional classrooms, fairs, clinics, seminars, or
even impromptu back -of -the -pickup truck. He stated one of the
recent highlights of the department is the smooth transition
to newly renovated space that is welcoming and functional for
citizens, staff and volunteers alike. He then reviewed the
three units of the department which include agriculture and
natural resources; family and consumer sciences; and 4-H
youth development.
Ms. Jaeckle recommended having Cooperative Extension
coordinate with Community Enhancement relative to
neighborhood clean-up dates for possibility of Master
Gardeners attending and providing residents with information
related to lawn care.
3.C. 2018 GENERAL ASSEMBLY LEGISLATION
Mr. Jeff Mincks, County Attorney, summarized the 2018 General
Assembly legislation changes in state law requiring Board
actions, as well as optional legislative changes permitting
Board action, and provided staff's recommendations for the
legislative changes and one item on which staff recommended
no further action.
The Board concurred with staff's recommendations for
mandatory changes requiring Board action, as follows:
1) Refer to Planning Department and County Attorney to
prepare necessary ordinance amendments to present to Planning
Commission for public hearing and recommendation to the Board
relative to amending the County Code provisions relating to
tree cover and tree replacement during development; to make
certain solar energy facilities permitted uses by right or
with restrictions; to require the county and the BZA to give
consideration to persons with disabilities when preparing
zoning ordinance amendments, or, in the case of the BZA,
considering variances; to implement new land use mandates
relating to the location and installation of certain wireless
support structures; and to 1) eliminate minimum fine
requirements for zoning violation convictions and 2)
authorize the court to impose a fine of up to $2000 for the
third failure to remove of abate a zoning violation after
being court-ordered to do so.
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2) Refer to County Attorney to draft the necessary ordinance
changes related to the removal or repair of structures in
blighted areas and set a public hearing for September 26,
2018 for the Board to consider the proposed ordinance
changes.
The Board concurred with staff's recommendation to take no
action to adopt an ordinance requiring financial security to
be provided by pet shops that procure dogs from out of state
sources.
Ayes: Jaeckle, Haley, Winslow, and Elswick.
Nays: None.
Absent: Holland.
3.D. HEROIN/OPIOID STEERING COMMITTEE UPDATE
Ms. Sarah Snead, Deputy County Administrator, accompanied by
Ms. Debbie Burcham, Director of Mental Health, and Captain
Thomas McCullough provided an update to the Board of
Supervisors regarding numerous services and activities that
have been implemented to combat the heroin and opioid crisis,
as well as initiatives and programs available through various
county departments and in partnership with community
organizations. Captain McCullough stated when looking at
trends of deaths due to Heroin and other opioids, the State
Medical Examiner's Office, while seeing higher numbers, is
also seeing the same trends as Chesterfield overdose
statistics. He further stated higher numbers are due to the
Police Department and EMS not being certain of the real cause
of death when arriving on scene possibly due to sanitized
environment prior to them arriving.
Mr. Elswick inquired about the increase in female opioid -
related arrests versus male arrests.
Ms. Burcham noted the Medical Examiner's Office does not
report overdoses, but there are probably also higher numbers
than shown due to Narcan being more available.
Discussion ensued relative to multi-levels of integration
needed for localities to address the opioid crisis.
Ms. Burcham stated three subcommittees have been established
to tackle the issue from different perspectives in hopes to
improve access to services while reducing access to drugs,
reduce exposure, overdoses and deaths. She further stated the
team has a comprehensive communication plan and is working
hard to get the word out to the community. She stated the
team is also working hard to make access to drugs more
difficult through the distribution of deactivation pouches,
medication lock boxes and drug take -back events for which
over 1300 pounds of medication has been collected.
Captain McCullough stated Fire and EMS continues to respond
effectively to heroin/opioid overdoses in the community and
has dispensed 349 doses in the last 12 months. He further
stated the Police Department now joins Fire and EMS and has
just trained its patrol officers to dispense Narcan.
Discussion ensued relative to outreach sessions and Narcan
programs at John Tyler and J. Sergeant Reynolds Community
Colleges.
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Captain McCullough stated public safety goals are to reduce
the number of Heroin/opioid-related incidents; provide
targeted public safety and community interventions in areas
experiencing or at elevated risk of high Heroin/opioid-
related incidents; and reduce the amount/type of drugs in
Chesterfield County. He then reviewed the Police Department's
overdose density data with arrest location overlay. He noted
high concentration of Heroin overdoses and opioid arrests
along the Jeff Davis Corridor.
Regarding treatment, Ms. Burcham stated the goal is to
increase the number of individuals seeking treatment and
other supports for Heroin/opioid use and misuse. She further
stated the Sheriff's Office continues to open its doors daily
for off -the -street participation in recovery programs. She
stated they have also held three Family Anonymous/Family
Recovery nights at the jail in May to help families learn the
tools and resources available to them to help deal with the
addiction of a loved one.
Discussion ensued relative to the percentage of individuals
in treatment, peer support or medication assisted treatment
and their journey to maintain sobriety.
Ms. Burcham continued her presentation by reviewing several
initiatives implemented through the OPT -R grant which
includes continued Medication Assisted Program; continued
Uber Pilot; continued Mobile Integrated Case Team Peer
Outreach; continued prevention/education/outreach activities;
and implementation of Jail Peer Support Release Program. She
then reviewed the role of the School Safety Task Force and
their partnership with Chesterfield County Government, to
include Chesterfield Mental Health Support Services and
Department of Social Services.
Discussion ensued relative to the hindrance of HIPAA
regulations and its impact on the opioid crisis.
In closing, Ms. Burcham highlighted planned activities for
2019 to include continuation of our efforts as well as
working with IST to support the steering committee objectives
through data sharing and analysis. She discussed plans to
launch a regional website in September and a communications
plan about the use of Heroin and prescription drugs that will
be funded through pooled resources to maximize impact.
Ms. Haley made a recommendation to Ms. Burcham to collaborate
with an international corporation that produces and supplies
Suboxone locally.
3.E. FINANCIAL UPDATE
Ms. Meghan Coates, Budget Director, accompanied by Mr. Matt
Harris, Deputy County Administrator, provided an update to
the Board of Supervisors regarding FY2018 year-end actions to
be taken for both county and schools, based on projected
results of operations, including an update on the results of
the recent bond rating process and advised on the steps
required to authorize the upcoming bond sale. Ms. Coates
stated the School division is projecting positive results of
operations for FY2018 and, in turn, is requesting to carry
forward/reserve those funds for a variety of uses. She
further stated the largest contributor to the school
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expenditure savings, which is projected to total
approximately $9.2 million, continues to be personnel line
items, primarily salary savings (related to turnover and a
lag in hiring) and the associated benefit costs. On the
county side, she stated FY2018 projections forecast a
positive net, year-end position of about 1.5 percent ($13.1
million), which is within a planned, normal range.
In response to Mr. Elswick's question, Ms. Coates stated $2.3
million is planned for use in the FY2020 School Operating
Budget that will be held on the county side until needed and
subsequently re -appropriated.
Discussion ensued relative to overages in county department
expenditures and re -allocations.
Mr. Harris reviewed specifics relative to the county's plan
to issue $50 million in bonds for school improvements. He
stated the bond sale is part of a 2013 referendum and will
fund replacing five elementary schools. He then reviewed the
recent bond rating process.
Discussion ensued relative to the positive feedback from the
bond agency regarding the vehicle registration fee for
dedicated road funding.
Regarding the bond sale, Mr. Harris stated staff is
requesting the Board adopt a reimbursement resolution for
projects to be funded from proceeds of a borrowing, likely
through the fall 2018 Virginia Resources Authority (VRA)
pooled bond sale. He further stated this resolution allows
the county to continue moving forward with projects where
appropriations are in place, while preserving the ability to
reimburse itself for project expenses incurred not more than
60 days prior to adoption of this resolution.
Dr. Casey noted the intention to move the appropriation of
funds for the Baxter Perkinson Center for the Arts to follow
Consent Items as a stand-alone new business item.
4. REPORTS
There were no Reports at this time.
5. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
6. RECESS
On motion of Mr. Winslow, seconded by Ms. Haley, the Board
recessed to dinner at Camp Baker.
Ayes: Jaeckle, Haley, Winslow, and Elswick.
Nays: None.
Absent: Holland.
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Reconvening:
Mr. Holland arrived at the meeting.
Ms. Jaeckle announced with sadness the passing of Ernest
Pleasants Gates, retired Chesterfield Circuit Court judge.
She stated Mr. Gates served more than 60 years as a public
official in Chesterfield, including 44 years as a circuit
judge.
7. INVOCATION
The Honorable Christopher Winslow, Clover Hill District
Supervisor, led the invocation.
8. PLEDGE OF ALLEGIANCE
Deputy County Administrator Matt Harris led the Pledge of
Allegiance to the Flag of the United States of America.
9. COUNTY ADMINISTRATION UPDATE
• Dr. Casey recognized Ms. Karen Reilly -Jones, Interagency
Services Administrator, who recently received the
"Precious Gem" award at the Virginia office of
Children's Services annual conference. He stated the
award recognizes the outstanding work of a local CSA
Coordinator for their services on behalf of at -risk
youths and their families.
• Dr. Casey recognized Ms. Kimberly Conley; Special
Assistant for Board and Community Affairs, who was
recently recognized by the Civic and Progressive Action
Association of the Matoaca Magisterial District
(CAPAAMMD). He stated Ms. Conley received a community
service award for her exemplary service to their
organization and citizens.
• Dr. Casey also recognized Ms. Wendy Hughes, Clerk to the
Circuit Court, who recently completed the career
development program through the Virginia Court Clerk's
Association. He stated completing this rigorous
curriculum places Ms. Hughes at the top of her field and
Yelps ensure the highest quality service is being
provided in this important area of county government.
• Dr. Casey announced on June 22nd, Virginia State
University was named the Historic Black
College/University (HBCU) of the Year by HBCU Digest. In
addition, he stated the University's Board of Visitors
received the Best Board of Trustees of the Year award
and Trojan Brianna Bundick-Kelly was named the Female
Student of the Year.
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• Dr. Casey reported the Accounting Department was
recently notified by the Government Finance Officers
Association that they have been awarded with the
Certificate of Achievement for the development and
presentation of the 2017 CAFR. He stated the Certificate
of Achievement is the highest form of recognition in
governmental accounting and financial reporting, and its
attainment represents a significant accomplishment by a
government and its management.
• Dr. Casey reported on June 4th he and Ms. Haley attended
a regional news conference announcing the launch of Text
to 911 in the counties of Chesterfield, Hanover and
Henrico and the cities of Richmond and Colonial Heights.
10. BOARD MEMBER REPORTS
Mr. Winslow expressed his appreciation to the Department of
Community Enhancement and Planning staff for their
involvement in a bulky waste cleanup event two weekends ago.
Ms. Haley announced she attended the National Night Out Kick -
Off at Westchester Commons on June 16th. She noted National
Night Out will occur on August 7th.
Mr. Holland expressed his gratitude to those who extended
their thoughts and prayers to him after his surgery and noted
his positive prognosis. He reported he attended Meadowbrook
and L.C. Bird High School Graduation. He also announced
Pocahontas State Park will host a family movie night on July
28th at 6:00 p.m.
Ms. Jaeckle expressed her appreciation to Mr. Holland, who is
recovering from surgery, and Mr. Winslow, who drove to
Virginia from North Carolina, to attend the Board meeting.
11. RESOLUTIONS AND SPECIAL RECOGNITIONS
11.A. RECOGNIZING THE 2018 SENIOR VOLUNTEER HALL OF FAME
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Ms. Debbie Preston introduced Mr. Robert Pratt, Mr. Frank
Linkous, and Ms. Gretchen Craig, who were present to receive
the resolution.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, volunteering is a powerful force for the
solution of human problems, and the creative use of human
resources is essential to a healthy, productive and humane
society; and
WHEREAS, our nation's heritage is based on citizen
involvement and citizen participation, and volunteerism is of
enormous benefit in building a better community and a better
sense of one's own wellbeing; and
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WHEREAS, the active involvement of citizens is needed
today more than ever to combat growing human and social
problems, to renew our belief that these problems can be
solved and to strengthen our sense of community; and
WHEREAS, volunteering offers all, young and old, the
opportunity to participate in the life of their community and
to link their talents and resources to address some of the
major issues facing our counties, such as education, hunger,
the needs of youths, and the needs of our elderly; and
WHEREAS, agencies that benefit from volunteers should
show their appreciation and recognition to the many
volunteers who possess numerous skills and talents, which
they generously and enthusiastically apply to a variety of
community tasks, and encourage others to participate in
programs as volunteers; and
WHEREAS, fifteen adults in Chesterfield County, aged 60 -
plus, have donated 64,000 hours of volunteer service since
they have attained the age of 60 and were nominated for the
Chesterfield Senior Volunteer Hall of Fame.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of June 2018,
publicly recognizes Ms. Gretchen Craig, Mr. Frank Linkous and
Mr. Robert Pratt, who were selected among the fifteen and
were inducted into the Chesterfield Senior Volunteer Hall of
Fame on May 22, 2018, and expresses appreciation to these
dedicated volunteers who contribute immeasurably to various
programs throughout the area to strengthen our county and
build bridges to the future.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Craig, Mr. Linkous and Mr.
Pratt, and this resolution be permanently recorded among the
papers of this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
Ms. Jaeckle and Mr. Holland presented the executed
resolutions to Ms. Craig, Mr. Linkous and Mr. Pratt and
expressed her appreciation for their volunteer service and
dedication to Chesterfield County.
11.B. RECOGNIZING DR. JEWEL H. BRONAUGH FOR HER OUTSTANDING
CONTRIBUTIONS TO VIRGINIA STATE UNIVERSITY AND
CHESTERFIELD COUNTY
Ms. Sarah Snead introduced Dr. Jewel H. Bronaugh, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Dr. Jewel H. Bronaugh is a native of
Petersburg, Virginia; and
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WHEREAS, Dr. Bronaugh holds a bachelor's degree in
Education from James Madison University, a master's in
Education and a doctorate in Career and Technical Education
from Virginia Tech; and
WHEREAS, after several years teaching, Dr. Bronaugh
joined Virginia Cooperative Extension where she served in a
variety of leadership roles, including Associate
Administrator; and
WHEREAS, Dr. Bronaugh served as Dean of the College of
Agriculture at Virginia State University from 2010 to 2015;
and
WHEREAS, Dr. Bronaugh was named the State Executive
Director of the USDA Farm Service Agency in 2015, where she
was instrumental in forming partnerships and fundraising for
conservation initiatives, and she successfully launched the
Bridges to Opportunity Service in Virginia, a program
developed to meet the needs of farmers and ranchers across
the nation; and
WHEREAS, Dr. Bronaugh went on to serve as the Executive
Director of Virginia State University's Center for
Agricultural Research, Engagement and Outreach; and
WHEREAS, throughout her career, Dr. Bronaugh has gained
a wealth of knowledge and developed lasting partnerships, and
she is an accomplished leader in the agriculture community,
in government, and in higher education; and
WHEREAS, Dr. Bronaugh was instrumental in leading
numerous agricultural initiatives in the Ettrick/Matoaca
community, including assisting in the establishment of the
Center for Agricultural Research and Engagement and Outreach
(CARED), increasing the impact of Virginia State University
as a land grant institution; and establishing the CAREO Seed
Grant Program to engage faculty in research and providing
$1.1 million in funding to 13 research projects; and
WHEREAS, Dr. Bronaugh established the Summerseat Urban
Agriculture Project, developing partnerships with Sabra
Dipping Company and Chesterfield County to conduct urban
agriculture research projects, including the Summerseat
community garden, to address food deserts and human health
concerns; and
WHEREAS, Dr. Bronaugh has been appointed by Governor
Ralph Northam as Commissioner of the Virginia Department of
Agriculture and Consumer Services, effective May 25, 2018;
and
WHEREAS, the Board of Supervisors, county
administration, staff and residents of the community have
enjoyed an excellent working relationship with Dr. Bronaugh.
NOW, THEREFORE, BE IT RESOLVED this 27th day of June
2018, that the Chesterfield County Board of Supervisors
publicly recognizes Dr. Jewel H. Bronaugh, expresses
appreciation for her outstanding service to Virginia State
University and the citizens of Chesterfield County,
congratulates her on her appointment as Commissioner of the
Virginia Department of Agriculture and Consumer Services, and
wishes her continued success in this new endeavor.
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AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Dr. Bronaugh and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
Mr. Elswick presented the executed resolution to Dr. Bronaugh
and expressed his appreciation for her dedicated service and
lasting partnership to Virginia State University and the
citizens of Chesterfield County.
Dr. Bronaugh sincerely thanked the Board for the special
recognition and kind sentiments.
11.C. RECOGNIZING PARTICIPANTS IN THE SPRING 2018 GOVERNMENT
CITIZENS ACADEMY
Ms. Susan Pollard, Director of Communications and Media,
stated on May 1, 2018, the Spring Government Citizens Academy
began. She further stated this is the county's third
Government Citizens Academy. She stated it is a new tool that
started in the spring of 2017, to enhance and grow the
county's communications efforts and increase engagement. She
further stated the Government Citizens Academy provides a
hands-on learning opportunity where citizens may provide
feedback about how the county is doing. She stated through
interactive sessions and tours of facilities, residents get a
comprehensive look at how and why programs and services are
provided.
Pastor Benjamin Coe, member of the Spring Academy class,
addressed the Board of Supervisors to give his perspective on
what his classmates learned.
Ms. Pollard then recognized the following participants of the
2018 Spring Government Citizens Academy and presented them
with certificates of completion:
Ms. Stephanie Bowen
Ms. April Brockman
Mr. Francis Burke
Ms. Susan Burke
Pastor Benjamin Coe
Ms. Kelly Eichfeld
Ms. Gail Fenske
Mr. Matthew Jamer
Ms. Kim Marble
Ms. Shannon McCallister
Ms. Lisa McLaughlin
Mr. Jesse McLaughlin
Ms. Leah Mills
Mr. Shane Morton -Anderson
Mr. Clifford Myers
Mr. Peter Plourd
Ms. Martha Redstrom Plourd
Mr. Kenneth Spisak
Mr. Brad Swingle
Mr. Tom Yates
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(It is noted that Ms. Marilyn Barge, Ms. Maureen Burke-Vilak,
Ms. Loretta Otey, Mr. Tony Otey and Ms. Patricia Prescott
were not in attendance.)
Ms. Jaeckle expressed her appreciation to the participants of
the first Government Citizens Academy for their interest,
involvement, and engagement in the program.
Mr. Holland highly praised the participants of the Academy
for their commitment and willingness to become involved with
Chesterfield County government.
Dr. Casey also expressed his appreciation to the participants
of the Academy and stressed the importance of civic
engagement and creating opportunities for county residents to
learn about their local government.
11.D. RECOGNIZING CORPORAL OFFICER DEANNA L. OWENS, POLICE
DEPARTMENT, UPON HER RETIREMENT
Colonel Katz introduced Corporal Officer Deanna L. Owens, who
was present to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Corporal Deanna L. Owens will retire from the
Chesterfield County Police Department on July 1, 2018, after
providing nearly 29 years of quality service to the residents
of Chesterfield County; and
WHEREAS, Corporal Owens' law enforcement career began
with Chesterfield County in 1989 as a Patrol Officer where
she then progressed through the career development ranks of
Senior Police Officer, Master Police Officer, Career Police
Officer and Corporal; and
WHEREAS, during her tenure, Corporal Owens has served as
Field Training Officer, General Instructor, Driving
Instructor, Firearms Instructor, Defensive Tactics
Instructor, Police Recruiter, DARE Officer, Basic Academy
Class Counselor, Advisor for Explorer Post #609, Peer
Counselor, and School Resource Officer; and
WHEREAS, Corporal Owens served as a member of the Street
Drug Enforcement Unit and as a Narcotics Detector Dog Handler
(Canine), where she worked closely with the Metro
Interdiction Unit and the State Police; and
WHEREAS, while serving as a member of the Street Drug
Enforcement Unit, Corporal Owens received a Unit Citation
Award for the unit's numerous accomplishments which included
over 900 arrests, seizures of currency, weapons, vehicles,
and drugs, all while working below minimum staffing levels;
and
WHEREAS, Corporal Owens was recognized with an
Achievement Certificate in recognition of her outstanding job
performance in assisting in the development and
implementation of a "Patrol Tactics for Female Officers"
class, providing a wealth of information and tactics to
assist female officers in their policing endeavors; and
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WHEREAS, Corporal Owens was the recipient of an
Achievement Award for her investigative skills in the
identity and arrest of suspects responsible for significant
thefts from commercial establishments, where the only initial
clues were a footprint and drops of vehicle hydraulic fluid;
and
WHEREAS, Corporal Owens is recognized for her excellent
communications and human relations skills, her strong work
ethic and her teamwork, all of which she has utilized within
the Police Department and in assisting residents of
Chesterfield County; and
WHEREAS, Corporal Owens has received numerous letters of
commendation, thanks and appreciation for services rendered;
and
WHEREAS, Corporal Owens has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Corporal Owens' diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 27th day of June 2018,
publicly recognizes Corporal Deanna L. Owens and extends on
behalf of its members and the residents of Chesterfield
County, appreciation for her service to the county,
congratulations upon her retirement, and best wishes for a
long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Corporal Owens, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
Ms. Jaeckle presented the executed resolution to Corporal
Owens and commended her on her many years of loyal, dedicated
service, honesty and integrity in the field of law
enforcement, and wished her well in her retirement.
Dr. Casey presented Corporal Owens with an acrylic statue and
county watch, congratulated her on her retirement and
expressed appreciation for her outstanding service to the
county.
A standing ovation followed.
12. NEW BUSINESS
12.A. APPOINTMENTS
12.A.1. BOARD OF BUILDING AND FIRE CODE APPEALS
On motion of Mr. Holland, seconded by Ms. Haley, the Board
nominated/ reappointed Mr. R. Christian Eudailey and Mr. Jack
R. Wilson, III to serve as members of the Board of Building
and Fire Code Appeals, whose terms are effective July 1,
2018, and will expire June 30, 2021.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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12.A.2. SOCIAL SERVICES BOARD
On motion of Ms. Haley, seconded by Mr. Holland, the Board
nominated/ reappointed Ms. Diane Smith and Mr. Gene Brown to
serve as members of the Social Services Board, whose terms
are effective July 1, 2018, and will expire June 30, 2022.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.A.3. RIVERSIDE REGIONAL JAIL AUTHORITY
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
nominated/reappointed Mr. Allan Carmody, as the county's
member, and Ms. Mary Ann Curtin, as alternate member, to
serve on the Board of Directors of the Riverside Regional
Jail Authority, whose terms are effective July 1, 2018, and
will expire June 30, 2022.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.A.4. CITIZENS' BUDGET ADVISORY COMMITTEE
On motion of Mr. Holland, seconded by Ms. Haley, the Board
nominated/appointed Mr. William Gleason to serve on the
Citizens' Budget Advisory Committee, whose term is effective
immediately and will expire September 30, 2019.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.A.5. PETERSBURG AREA REGIONAL TOURISM BOARD
On motion of Mr. Holland, seconded by Ms. Haley, the Board
nominated/appointed Ms. Rachel Thibault and Mr. Scott Zaremba
to serve on the Petersburg Area Regional Tourism Board, whose
term is effective July 1, 2018, and will expire June 30,
2021.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.A.6. JOHN TYLER COMMUNITY COLLEGE BOARD
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
nominated/appointed Dr. Joseph Tylus to serve on the John
Tyler Community College Board, whose term is effective
immediately and will expire May 31, 2022.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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12.A.7. COMMUNITY CRIMINAL JUSTICE BOARD
On motion of Mr. Holland, seconded by Ms. Haley, the Board
nominated/appointed/reappointed the following individuals to
serve as members on the Community Criminal Justice Board,
that whose terms are effective on July 1, 2018, and will
expire June 30, 2020:
Mr. Ken Nickels
Honorable Keith N. Hurley
Honorable Frederick G. Rockwell, III
Mr. Chad A. Knowles
Colonel Jeffrey Katz
Colonel Jeffrey W. Faries
Ms. Eileen Brown
Ms. Rachel Gillus
Sheriff Todd Wilson
Mr. Lee Coble
Mr. Steven Novey
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.A.8. ECONOMIC DEVELOPMENT AUTHORITY
On motion of Mr. Winslow, seconded by Ms. Haley, the Board
nominated/ appointed Mr. James Patton to serve as a member on
the Economic Development Authority, whose term is effective
July 1, 2018, and will expire June 30, 2022.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.A.9. CITIZENS' TRANSPORTATION ADVISORY COMMITTEE
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
nominated/ reappointed Mr. Herbert Richwine and Mr. Jonathan
Jackson, as at -large representatives, and Ms. Billie
Robinson, as the alternate representative, to serve as
members on the Richmond Region Transportation Planning
Organization's Citizen Transportation Advisory Committee,
whose terms are effective immediately and will expire June
30, 2020.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.A.10. RICHMOND METROPOLITAN TRANSPORTATION AUTHORITY
On motion of Mr. Holland, seconded by Ms. Haley, the Board
nominated/appointed/reappointed Mr. Gregory Whirley, Mr. Bill
Woodfin, Mr. Donald Williams and Mr. Steve Elswick to serve
as members of the Richmond Metropolitan Transportation
Authority, whose terms are effective immediately and will
expire June 30, 2020.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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12.B. CONSENT ITEMS
12.B.1. TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
TO THE PROJECT: HOMES CRITICAL HOME REPAIR PROGRAM
On motion of Mr. Holland, seconded by Ms. Haley, the Board
transferred $15,108 from the Commercial Fagade Improvement
Program: HOMES Critical Home Repair Program.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.2. ADOPTION OF REVISED FY2019 COMMUNITY DEVELOPMENT
BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS GRANT
ANNUAL PLAN AND APPROPRIATION/TRANSFER OF FUNDS
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the FY2019 Community Development Block Grant and HOME
Investment Partnerships Grant Annual Plan with changes,
appropriated $372,514 in grant funding, and transferred
funds.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.3. AUTHORIZE THE RECEIPT AND APPROPRIATION OF ONE-TIME
FUNDING FROM THE DEPARTMENT OF BEHAVIORAL HEALTH
AND DEVELOPMENTAL SERVICES
On motion of Mr. Holland, seconded by Ms. Haley, the Board
authorized the Chesterfield Community Services Board to
receive and appropriate $346,148 into the Mental Health
Support Services budget one-time funding from the Department
of Behavioral Health and Developmental Services to address
opioid prescription and non-prescription drug use and abuse
and appropriated $50,000 in the Access Chesterfield program
from transportation.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.4. ADOPTION OF RESOLUTIONS
12.B.4.a. APPROVING THE NAMING OF THE THEATRE WITHIN THE
BAXTER PERKINSON CENTER FOR THE ARTS AFTER JIMMY
DEAN, AND DELEGATION OF APPROVAL OF FUTURE NAMING
RIGHTS TO THE COUNTY ADMINISTRATOR
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution and delegated approval of
future naming rights decisions to the County Administrator:
WHEREAS, The Dean Foundation, well-known for its
generosity, has pledged $350,000 to the Chesterfield Cultural
Arts Foundation; and
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WHEREAS, The Dean Foundation has donated substantial
resources, talent, and time to support the Henricus
Foundation's educational programming efforts for area
students; and
WHEREAS, Mr. Jimmy Ray Dean, musician, actor, and
entrepreneur, was instrumental in the popularizing of country
music, a genre that now ranks among the most popular in the
United States but which, back in the 1960s, was accorded
little respect in the mass media; and
WHEREAS, Dean became a national television personality
starting in 1957 and rose to fame for his 1961 country
crossover hit "Big Bad John" and his 1963 ABC television
series, The Jimmy Dean Show, went on to have several other
chart topping hits and a successful film and television
acting career; and
WHEREAS, Jimmy Dean, best known today as the creator of
the Jimmy Dean Sausage Company that he founded in 1969, with
his brother that did well, in part, because of Dean's own
humorous commercials; and
WHEREAS, A Virginia resident since 1990, Dean was
inducted in the Virginia Country Music Hall of Fame in 1997,
was appointed by Governor Jim Gilmore to the Virginia Board
of Game and Inland Fisheries, and was also nominated for the
Country Music Hall of Fame in 2010, although he was formally
inducted posthumously; and
WHEREAS, Dean died at the age of 81, on June 13, 2010,
at his home in Varina, Virginia; and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes and honors the
contribution of the Dean Foundation to the Chesterfield
Cultural Arts Foundation to improve the quality of life of
Chesterfield County community members and hereby approves the
naming of the theatre within the Baxter Perkinson Center for
the Arts in honor of Mr. Jimmy Dean.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.4.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
12.B.4.b.1. FIREFIGHTER CURTIS R. SINK, FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Firefighter Curtis R. Sink retired from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on May 1, 2018; and
WHEREAS, Firefighter Sink faithfully served the citizens
of Chesterfield County as a volunteer firefighter with the
Dale Volunteer Fire Company starting in 1986 for three years;
and
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WHEREAS Firefighter Sink began his full-time career as a
firefighter in 1989, attending Recruit School 420, and he has
faithfully served the citizens of Chesterfield County for 29
years; and
WHEREAS, Firefighter Sink served in various assignments,
at the Manchester, Buford, Phillips, Dutch Gap, Airport, and
Courthouse Fire and EMS Stations; and
WHEREAS, Firefighter Sink served as an Advanced Life
Support provider for 19 years; and
WHEREAS, Firefighter Sink was recognized with an EMS
Unit Citation Award in 1994 for his actions in saving a
drowning child; a Unit Citation Award in 1995 for assisting
in the extraction of a victim that had fallen into a smoke
stack at Dutch Gap; an EMS Unit Citation Award in 1997 for
assisting a patient in cardiac arrest; a Unit Citation Award
in 2004 for rescuing residents at Cloverhill Lake Apartments
due to rising waters; and
WHEREAS, Firefighter Sink was recognized as a Master
Driver and Firefighter Specialist, aiding in the training and
development of firefighters, many who went on to become
officers; and
WHEREAS, Firefighter Sink often assisted many other
departments in special tasks, including Police Forensics.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Curtis R. Sink, expresses the appreciation of all
residents for his service to the county, and extends their
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.4.b.2. MRS. BONNIE S. JOHNSON, DEPARTMENT OF
COMMUNITY ENHANCEMENT
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Mrs. Bonnie S. Johnson began her career with
Chesterfield County in June 1990 as Data Entry Operator and
Radio Dispatcher with the Department of Building Inspection;
and
WHEREAS, through hard work and determination, Mrs.
Johnson rose through the ranks serving in the positions of
Customer Service Representative and Citizen Assistance
Coordinator, from 1994 through 2005; and
WHEREAS, in 2005, Mrs. Johnson earned the state
qualifications required of a property maintenance inspector,
becoming one of the first women to be promoted from customer
service to an inspector position in the department's history;
and
WHEREAS, Mrs. Johnson was instrumental in the
development of the county's proactive inspection program,
working to ensure the health, safety and welfare of the
residents of Chesterfield County; and
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WHEREAS, Mrs. Johnson was instrumental in the
successful resolution of numerous difficult cases including
the old Ettrick train station, the Family Hotel and Chimney
Corner Trailer Park, always acting with compassion, ensuring
the residents found improved housing and that the site was
demolished, cleaned, or secured; and
WHEREAS, Mrs. Johnson was known for her concern for the
resident.s of the county, often working to secure assistance
for those without means to properly repair their homes; and
WHEREAS, Mrs. Johnson has worked to assist and educate
the public, attending numerous meetings with homeowners'
associations and community groups including the Save Our
Communities Committee; and
WHEREAS, Mrs. Johnson's ability was recognized by many
professional organizations including the Virginia Building
and Code Officials Association and the Department of Housing
and Community Development serving as a trainer, and a member
or chair of numerous committees; and
WHEREAS, in July 2017, Mrs. Johnson was assigned as the
sole qualified Property Maintenance Inspector in the
Department of Community Enhancement where she trained a new
generation of inspectors who will use her expertise to find
success long after her retirement; and
WHEREAS, Mrs. Johnson has become well known for
volunteering her time and talent to the Chesterfield
Historical Society and the National Park Service by depicting
various civil war era ladies in authentic dress to promote
the history of our community; and
WHEREAS, Mrs. Johnson will be sorely missed for her
hard work, her friendliness, her willingness to share her
knowledge with others and her faithful service and dedication
to serving our citizens.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. Bonnie S. Johnson
for her 28 years of exemplary service to the residents of
Chesterfield County, and conveys to Mrs. Johnson best wishes
for a long, happy, healthy, and fulfilling retirement.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.4.b.3. MR. KIRKLAND A. TURNER, DEPARTMENT OF
COMMUNITY ENHANCEMENT
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Mr. Kirkland A. Turner began his career with
Chesterfield County in January 1979 as an intern with the
Planning Department; and
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WHEREAS, in July 1979, Mr. Turner was hired as a
Planning Technician II after completing his degree in Urban
Studies at Virginia Commonwealth University; and
WHEREAS, through hard work and determination, Mr.
Turner rose through the ranks serving in the positions of
Planning Technician, Planner I, Senior Planner, Principal
Planner and Planning Administrator from 1979 to 1997; and
WHEREAS, during this period, Mr. Turner had many
successes and accomplishments including selection as the
Planning Department's employee of the year in 1992; and
WHEREAS, in April 1997, Mr. Turner was appointed to the
position of Development Manager where he assisted customers
of the Planning Department in obtaining site plan approvals
during a period of rapid growth in Chesterfield County; and
WHEREAS, in a spirit of regional cooperation, Mr.
Turner served as the Planning Director of Powhatan County
while still fulfilling his duties in Chesterfield during a
six-month period in 2004; and
WHEREAS, in June 2004, Mr. Turner was appointed
Director of Planning where his leadership was instrumental in
guiding growth and development ensuring a focus on the
health, safety and welfare of the residents of Chesterfield
County; and
WHEREAS, Mr. Turner worked to improve the quality of
life for the residents of the county by crafting, improving
or revising numerous policies and ordinances including those
regulating banners and signs, the use of ATV's, EMC signs and
volunteer sign removal; and
WHEREAS, Mr. Turner's work was of consistently high
quality, and this fact was recognized by his department's
NACo awards for the county's sign standard and the Emergency
Worker and Dependent's Shelter, as well as his department's
key contribution to Chesterfield's Senate Productivity and
Quality Award in 1994; and
WHEREAS, Mr. Turner maintained a consistent focus on
customer service and worked admirably to improve the customer
experience, including continuous improvements to the
subdivision and site plan processes, improving efficiency,
turnaround time and transparency; and
WHEREAS, throughout his career, Mr. Turner ably
assisted developers and property owners with their projects,
identifying and shepherding solutions to enable the success
of their projects; and
WHEREAS, Mr. Turner's leadership was instrumental in
crafting numerous revisions to the county's Comprehensive
Plan, a guiding document that is created with the input of
residents, developers and other stakeholders that guides long
term development and growth in the county; and
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WHEREAS, Mr. Turner has served in a voluntary capacity
to ensure the financial health of his fellow employees
through his service on the Board of the Chesterfield Federal
Credit Union, by serving repeatedly as either Chairman or
Vice Chairman of the board for over 15 years; and
WHEREAS, in July 2017, Mr. Turner was appointed the
first director of the Department of Community Enhancement
where his leadership set high standards for the department in
training, professionalism and community outreach and charted
a course for success that the department can follow after his
retirement; and
WHEREAS, Mr. Turner will be sorely missed for his
contributions to excellence in customer service, process
improvement, automation, innovation, and his faithful service
and dedication to serving our citizens.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Kirkland A. Turner
for his 39 years of exemplary service to the residents of
Chesterfield County and conveys to Mr. Turner best wishes for
a long, happy, healthy, and fulfilling retirement.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.4.b.4. MRS. KATHY VAN HORN, OFFICE OF THE
COMMISSIONER OF THE REVENUE
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Mrs. Kathy Van Horn retired from the Office of
the Commissioner of the Revenue on May 1, 2018; and
WHEREAS, Mrs. Van Horn began her public service with the
county as a tax assessment specialist in the Office of the
Commissioner of the Revenue on August 20, 2001, bringing with
her private -sector work experience and exceptional academic
credentials, and has faithfully served Chesterfield County
for over 16 years; and
WHEREAS, Mrs. Van Horn, through her strong work ethic,
knowledge, and dedication, progressed within her career,
demonstrating her commitment to improvement in part by taking
all relevant career development courses made available to
her, earning her the promotion to field auditor in 2002,
regrade to tax compliance auditor in 2006, with further
advancement to senior tax compliance auditor in 2009 and tax
compliance team lead in 2014; and
WHEREAS, Mrs. Van Horn further demonstrated her
commitment to excellence and education by taking outside
courses resulting in the achievement of earning her
accounting certificate in 2015 and her CPA in 2016; and
WHEREAS, Mrs. Van Horn served as vice president from
2014-2016 of the Virginia Association of Local Tax Auditors,
where she worked with a diverse statewide team to develop
engaging and relevant continuing education programs for audit
professionals throughout Virginia; and
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WHEREAS., Mrs. Van Horn played an instrumental part in
the implementation of a comprehensive new tax management
system over the past two years, stepping up during the
project to act as test lead and primary liaison for the
business tax area; and
WHEREAS, Mrs. Van Horn demonstrated versatility and the
highest level of customer service and integrity in her work,
proving herself a faithful, ethical public servant with an
impeccable sense of duty toward her job, her co-workers, and
the citizens of Chesterfield County; and
WHEREAS, Mrs. Van Horn was always willing to share her
knowledge and writing expertise, including explaining
complicated system steps to less experienced co-workers or
explaining the law to taxpayers, and acting as a reliable
proofreader for colleagues and management; and
WHEREAS, Mrs. Van Horn's professionalism, experience,
and tireless dedication to support and achieve the goals and
objectives of the Office of the Commissioner of the Revenue
have enabled her to make a significant contribution to the
success of the office; and
WHEREAS, more than anything else, Mrs. Van Horn has been
a loyal friend to many, a dedicated servant with a generous
spirit, strong values, and the ability and willingness to
grow, and she will be sorely missed.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the contributions of
Kathy Van Horn to the citizens and administration of
Chesterfield County, extends appreciation for her dedicated
service, congratulations upon her retirement, and its best
wishes for a long and happy retirement.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.4.c. REITERATING SUPPORT OF THE ETTRICK SITE AS THE
FUTURE LOCATION OF THE TRI -CITIES MULTIMODAL
STATION
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution of support for the Ettrick
site as the future location of the Tri -Cities Multimodal
Station:
WHEREAS, the Tri -Cities Transportation Planning
Organization has conducted an Environmental Assessment of
potential station locations to serve as the region's future
Multimodal Station; and
WHEREAS, three locations have been identified as viable
alternatives: the Ettrick site in Chesterfield, the
Boulevard site in Colonial Heights, and the S. Collier site
in Petersburg; and
WHEREAS, the existing Ettrick Train Station is located
on the Ettrick site and provides a valuable transportation
resource for the Tri -Cities region; and
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WHEREAS, the Ettrick Train Station provides daily Amtrak
service between major cities along the east coast including
Boston, New York, Washington D.C., Charlotte, Orlando and
Miami; and
WHEREAS, the Ettrick site is centrally located to the
Tri -Cities region which includes southern and eastern
Chesterfield County, Hopewell, Colonial Heights, Petersburg,
Prince George and Dinwiddie; and
WHEREAS, over 100,000 residents of the Tri -Cities region
are within a six -mile radius of the Ettrick site; and
WHEREAS, the Ettrick site is within walking distance of
Virginia State University which currently has 5,000 students
enrolled; and
WHEREAS, the Ettrick site is within walking distance of
Virginia State University's Multipurpose Center, a regional
venue for concerts, sporting events and conventions; and
WHEREAS, the Ettrick site is located less than eight
miles from Fort Lee where 70,000 soldiers train annually; and
WHEREAS, the Ettrick site is located on one of five
original national high-speed rail corridors: the Southeast
High Speed Rail (SEHSR) corridor, which runs from Washington
D. C. to Raleigh, North Carolina; and
WHEREAS, the existing Ettrick Train Station accommodates
nearly 30,000 boardings and alightings annually and ridership
is expected to increase to 98,000 annually by 2025 with the
implementation of the SEHSR service; and
WHEREAS, according to AMTRAK's "Great American Station"
guidelines the existing Ettrick Train Station should be
upgraded to a small -medium facility to accommodate existing
and future ridership; and
WHEREAS, the future implementation of the SEHSR will
require track expansions resulting in the need to move the
Ettrick Train Station away from the new track; and
WHEREAS, improvements for the Tri -Cities Multimodal
Station at the Ettrick site can be phased to benefit the
growth in ridership and potential for high-speed rail
service; and
WHEREAS, the Ettrick Station has served and should
continue to serve Tri -Cities residents and visitors for many
years to come; and
WHEREAS, the Ettrick Station is a key component to the
revitalization of Ettrick, a substantial area ripe for
development and redevelopment, as reflected in the "Ettrick-
VSU Special Area Plan" of the Chesterfield County
Comprehensive Plan.
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NOW, THEREFORE, BE IT
Supervisors of Chesterfield
Ettrick site serving as the
Station.
RESOLVED that the Board of
County strongly supports the
future Tri -Cities Multimodal
AND, BE IT FURTHER RESOLVED that the Board of
Supervisors understands that local contributions are an
important funding source for the future Tri -Cities Multimodal
Station.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.4.d. CONFIRMING THE OFFICIAL INTENT OF THE COUNTY TO
REIMBURSE EXPENDITURES WITH PROCEEDS OF A
BORROWING
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution of official intent to
reimburse expenditures with proceeds of a borrowing:
WHEREAS, the County of Chesterfield, Virginia (the
"County"), intends to undertake certain capital improvement
projects for the County for parks and recreation, cultural,
public safety and government administration purposes,
including but not limited to (a) building improvements, (b)
land acquisition and (c) site improvements (collectively, the
"Project"); and
WHEREAS, plans for the Project have advanced, and the
County expects to advance its own funds to pay expenditures
related to the Project (the "Expenditures") prior to
incurring indebtedness and to receive reimbursement for such
Expenditures from proceeds of tax-exempt or taxable
obligations, or both;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
1. The County intends to utilize the proceeds of tax-
exempt or taxable obligations (the "Obligations") in an
amount not currently expected to exceed $25,000,000 to pay
the costs of the Project.
2. The County intends that the proceeds of the
Obligations be used to reimburse the County for Expenditures
with respect to the Project made on or after the date that is
no more than 60 days prior to the date hereof. The County
reasonably expects on the date hereof that it will reimburse
the Expenditures with the proceeds of the Obligations or
other debt.
3. Each Expenditure was or will be, unless otherwise
approved by bond counsel, either (a) of a type properly
chargeable to a capital account under general federal income
tax principles (determined in each case as of the date of the
Expenditure), (b) a cost of issuance with respect to the
Obligations, (c) a nonrecurring item that is not customarily
payable from current revenues or (d) a grant to a party that
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is not related to or an agent of the County so long as such
grant does not impose any obligation or condition (directly
or indirectly) to repay any amount to or for the benefit of
the County.
4. The County intends to make a reimbursement
allocation, which is a written allocation by the County that
evidences the County's use of proceeds of the Obligations to
reimburse an Expenditure, no later than 18 months after the
later of the date on which the Expenditure is paid or the
Project is placed in service or abandoned, but in no event
more than three years after the date on which the Expenditure
is paid. The County recognizes that exceptions are available
for certain "preliminary expenditures," costs of issuance,
certain de minimis amounts, expenditures by "small issuers"
(based on the year of issuance and not the year of
expenditure) and expenditures for construction of at least
five years.
5. The County intends that the adoption of this
resolution confirms the "official intent" within the meaning
of Treasury Regulations Section 1.150-2 promulgated under the
Internal Revenue Code of 1986, as amended.
6. This resolution shall take effect immediately upon
its passage.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.5. APPROVAL OF SCHOOLS' FY2018 YEAR-END ADJUSTMENTS
AND RESERVE REQUESTS
On motion of Mr. Holland, seconded by Ms. Haley, the Board
approved FY2018 school division year-end revenue and
expenditure adjustments as follows:
a. Appropriated revenues and expenditures and authorize
other adjustments for the school division as outlined in
Table A (filed with the papers of this Board) along with
any other associated transfers required as a result of
the requested actions.
b. Authorized the County Administrator to assign and re -
appropriate the reserve requests as listed in Tables B
and C (filed with the papers of this Board).
c. Authorized the County Administrator to assign to a school
revenue stabilization reserve all unspent, or otherwise
unreserved, funds from FY2018 in excess of the $10.7M
summarized in Table B.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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12.B.6. APPROVAL OF COUNTY FY2018 YEAR-END ADJUSTMENTS AND
RESERVE REQUESTS
On motion of Mr. Holland, seconded by Ms. Haley, the Board
approved FY2018 year-end revenue and expenditure adjustments
as follows:
a. Authorized the County Administrator to assign to a
revenue stabilization reserve all unspent, or otherwise
unreserved, FY2018 appropriations that are in excess of
the FY2019 unassigned beginning fund balance of
$60,004,400, contingent upon positive results of
operations.
b. Appropriated revenues and expenditures for specific
programs as well as authorized reallocations among
general fund departments and related funds and made
adjustments to revenues and expenditures as outlined on
Schedule A.
c. Appropriated revenues and expenditures and authorized
other adjustments for specific programs, projects and
non -general fund departments as outlined on Schedule B.
d. Authorized the County Administrator to assign and re -
appropriate various revenues and unspent expenditures
contingent upon positive results of operations as
determined by the county's financial audit as outlined
on Schedule C.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.7. SET DATES FOR PUBLIC HEARINGS
12.B.7.a. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK
TRAFFIC ON MILHORN STREET, HILL STREET, TIPTON
STREET AND SOUTH STREET
On motion of Mr. Holland, seconded by Ms. Haley, the Board
set July 25, 2018, as a public hearing date for the Board to
consider the restriction of through truck traffic on Milhorn
Street, Hill Street, Tipton Street and South Street between
Jefferson Davis Highway and Harrowgate Road.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.7.b. TO CONSIDER AN APPLICATION FOR WASTE MATERIAL
MANAGEMENT AND DISPOSAL FILED BY SHOOSMITH BROS.,
INC. TO USE A QUARRY AS A LANDFILL
On motion of Mr. Holland, seconded by Ms. Haley, the Board
set July 25, 2018, as a public hearing for the Board to
consider an application filed by Shoosmith Bros., Inc. for
waste material management and disposal approval to operate a
landfill in the quarry adjacent to Shoosmith's existing
landfill, as required by Shoosmith's conditional use permit
for the property.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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12.B.7.c. TO CONSIDER AMENDMENTS TO THE COUNTY CODE TO GRANT
EXEMPTIONS FROM TANGIBLE PERSONAL PROPERTY TAXES
AND MOTOR VEHICLE REGISTRATION FEES FOR MOTOR
VEHICLES THAT ARE AT LEAST TWENTY-FIVE YEARS OLD
BUT ARE NOT LICENSED AS ANTIQUE MOTOR VEHICLES
On motion of Mr. Holland, seconded by Ms. Haley, the Board
set July 25, 2018, as a public hearing for the Board to
consider amendments to the County Code to grant exemptions
from tangible personal property taxes and motor vehicle
registration .fees for motor vehicles that are at least
twenty-five years old but are not licensed as antique motor
vehicles.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.7.d. TO CONSIDER THE ABANDONMENT OF A PORTION OF OLD
STAGE ROAD
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution to set a public hearing for
August 22, 2018; and authorized staff to post and publish
notices and notify the Commissioner of Highways of the
County's intention to consider the abandonment of a portion
of Old Stage Road, State Route 732, from the Secondary System
of State Highways:
Resolution of Chesterfield Count's intention to consider a
Resolution and Order to abandon a portion of Old Stage Road,
State Route 732.
Pursuant to Section 33.2-909 of the Code of Virginia, 1950,
as amended, be it resolved that the Chesterfield County Board
of Supervisors herby gives notice that at a public hearing to
be held on August 22, 2018, it will consider a Resolution and
Order to abandon a portion of Old Stage Road, State Route
732, a distance of 0.07 miles, since it serves no public
necessity and is no longer needed as part of the Secondary
System.of State Highways.
Accordingly, the Clerk of the Board shall send a copy of this
Resolution to the Commissioner of Highways. The clerk shall
further cause to be published and posted the required notices
of the Board's intention to abandon a portion of Old Stage
Road, State Route 732.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.8. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
12.B.8.a. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE CHROMEBOOKS FOR CLASSROOM
USE AT MATOACA ELEMENTARY SCHOOL
On motion of Mr. Holland, seconded by Ms. Haley, the Board
transferred $6,957 in Matoaca District Improvement Funds to
the Chesterfield County School Board to purchase Chromebooks
to use in classrooms at Matoaca Elementary School.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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12.B.8.b. FROM THE MATOACA AND DALE DISTRICT IMPROVEMENT
FUNDS TO THE SCHOOL BOARD TO PURCHASE TWO GOLF
CART UTILITY VEHICLES FOR USE AT MATOACA HIGH
SCHOOL
On motion of Mr. Holland, seconded by Ms. Haley, the Board
transferred $6,000 from the Matoaca District Improvement Fund
and $6,000 from the Dale District Improvement Fund (total of
$12,000) to the Chesterfield County School Board to purchase
two golf cart utility vehicles for use at Matoaca High
School.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.8.c. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND
12.B.8.c.1. TO THE PARKS AND RECREATION DEPARTMENT TO RENT A
MOBILE STAGE FOR THE 25TH ANNUAL PARADE OF
LIGHTS EVENT
On motion of Mr. Holland, seconded by Ms. Haley, the Board
transferred $2,100 from the Bermuda District Improvement Fund
to the Parks and Recreation Department to rent a mobile stage
for the 25th Annual Parade of Lights event.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.8.c.2. TO THE PARKS AND RECREATION DEPARTMENT TO
LANDSCAPE THE SOFTBALL AND BASEBALL FIELDS AT
THOMAS DALE HIGH SCHOOL
On motion of Mr. Holland, seconded by Ms. Haley, the Board
transferred $15,836 from the Bermuda District Improvement
Fund to the Chesterfield County Department of Parks and
Recreation to landscape the softball and baseball fields at
Thomas Dale High School.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.8.d. FROM THE CLOVER HILL DISTRICT IMPROVEMENT FUND TO
THE DEPARTMENT OF COMMUNITY ENHANCEMENT TO
PURCHASE AND PLANT TREES IN THE MEDIANS ON
COURTHOUSE ROAD
On motion of Mr. Holland, seconded by Ms. Haley, the Board
transferred $4,680 from the Clover Hill District Improvement
Fund to the Chesterfield County Department of Community
Enhancement to purchase and plant Yoshino Cherry, Red Maple,
and/or Willow Oak trees in the medians on Courthouse Road.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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06/27/18
12.B.9. ACCEPTANCE OF STATE ROADS
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Silverleaf Section A2
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Silver Mist Avenue, State Route Number 7463
From: 0.14 miles north of Sterling Brook Drive, (Route 7834)
To: 0.18 miles north of Sterling Brook Drive, (Route7834), a
distance of: 0.04 miles.
Recordation Reference: Plat Book 233, Page 72
Right of Way width (feet) = 61
• Argent Lane, State Route Number 7832
From: 0.01 miles west of Silver Mist Avenue, (Route 7463)
To: The cul-de-sac, a distance of: 0.09 miles.
Recordation Reference: Plat Book 233, Page 72
Right of Way width (feet) = 53
• Silver Mist Avenue, State Route Number 7463
From: 0.01 miles north Sterling Brook Drive, (Route 7834)
To: 0.14 miles north of Sterling Brook Drive, (Route 7834),
a distance of: 0.13 miles.
Recordation Reference: Plat Book 233, Page 72
Right of Way width (feet) = 61
And, further, the Board adopted the following resolution:
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WHEREAS, the street described below is shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Silverleaf Section F
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Pennyweight Court, State Route Number 7999
From: Silver Mist Avenue, (Route 7463)
To: The cul-de-sac, a distance of: 0.10 miles.
Recordation Reference: Plat Book 233, Page 74
Right of Way width (feet) = 53
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
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AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Willow Creek Section 3
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Crump Landing Trail, State Route Number 7997
From: Avening Road, (Route 7588)
To: The End of Maintenance, a distance of: 0.02 miles.
Recordation Reference: Plat Book 235, Page 67
Right of Way width (feet) = 40
• Forbes Glen Road, State Route Number 7998
From: Avening Road, (Route 7588)
To: The cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Plat Book 235, Page 67
Right of Way width (feet) = 40
• Avening Road, State Route Number 7588
From: Forbes Glen Road, (Route 7998)
To: The cul-de-sac, a distance of: 0.08 miles.
Recordation Reference: Plat Book 235, Page 67
Right of Way width (feet) = 40
• Avening Road, State Route Number 7588
From: Crump Landing Trail, (Route 7997)
To: Forbes Glen Road, (Route 7998), a distance of: 0.06
miles.
Recordation Reference: Plat Book 235, Page 67
Right of Way width (feet) = 40
• Avening Road, State Route Number 7588
From: 0.01 mile north of Church Point Road, (Route 7153)
To: Crump Landing Trail, (Route 7997), a distance of: 0.07
miles.
Recordation Reference: Plat Book 235, Page 67
Right of Way width (feet) = 44
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.10. AWARD OF CONSTRUCTION CONTRACT FOR THE VILLAGE AT
SWIFT CREEK WATER MAIN PROJECT
On motion of Mr. Holland, seconded by Ms. Haley, the Board
authorized the Procurement Director to award a construction
contract to T.A. Sheets General Contractors, Inc., for County
Project #16-0213, in the amount of $945,976 and execute all
necessary change orders up to the full amount budgeted for
the Village at Swift Creek Water Main Project.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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12.B.11. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND FOR A
REPLACEMENT SITE FOR FIRE AND EMERGENCY MEDICAL
SERVICES STATION 8
On motion of Mr. Holland, seconded by Ms. Haley, the Board
approved the purchase of a parcel of land containing 5.1
acres, more or less, with improvements, for $165,000, from
The Children's Home of Virginia Baptist, Inc. for a
replacement site for Matoaca Fire and EMS Station 8, and
authorized the County Administrator to execute the sales
contract and deed.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.12. REQUEST TO QUITCLAIM A PORTION OF A VARIABLE WIDTH
SLOPE EASEMENT FOR VDOT MAINTENANCE ACROSS THE
PROPERTY OF 6801 WOOLRIDGE ROAD - MOSELEY LP
On motion of Mr. Holland, seconded by Ms. Haley, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a variable width slope easement for VDOT
maintenance across the property of 6801 Woolridge Road -
Moseley LP. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.13. DECLARE COUNTY PROPERTY SURPLUS AND OFFER THE
PARCELS FOR SALE
On motion of Mr. Holland, seconded by Ms. Haley, the Board
declared Parcel Number 717 661 1573 00000 (10000 Courtview
Lane) and 791 672 9074 00000 (8610 Perrymont Road) surplus
and authorized staff to offer the parcels for sale.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.14. REQUEST TO VACATE AND REDEDICATE A SIXTEEN -FOOT
WATER EASEMENT ACROSS THE PROPERTY OF RIVER CITY
CHESTERFIELD, LLC
On motion of Mr. Holland, seconded by Ms. Haley, the Board
authorized the Chairman of the Board and County Administrator
to execute an agreement to vacate and rededicate a 16 -foot
water easement across the property of River City
Chesterfield, LLC. (It is noted a copy of the plat is filed
with the papers of this Board.)
(W Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
18-406
06/27/18
12.B.15. ACCEPTANCE OF TWO PARCELS OF LAND ADJACENT TO BEACH
ROAD FROM BAYHILL DEVELOPMENT CORPORATION
On motion of Mr. Holland, seconded by Ms. Haley, the Board
accepted the conveyance of two parcels of land containing a
total of 1.361 acres adjacent to Beach Road from Bayhill
Development Corp. and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.16. APPROVAL OF AMENDMENT TO AN EXISTING GENERAL
OBLIGATION PUBLIC IMPROVEMENT BONDS RESOLUTION
On motion of Mr. Holland, seconded by Ms. Haley, the Board
adopted the following amendment to an existing resolution,
adopted on May 28, 2014, authorizing the sale of General
Obligation Public Improvement Bonds pursuant to a negotiated
sale:
A RESOLUTION AMENDING A RESOLUTION ADOPTED ON MAY 28, 2014 BY
THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD,
VIRGINIA ENTITLED "A RESOLUTION AUTHORIZING AND PROVIDING FOR
THE ISSUANCE, SALE AND DELIVERY FROM TIME TO TIME OF THREE
HUNDRED FIFTY-THREE MILLION DOLLARS ($353,000,000) PRINCIPAL
AMOUNT OF COUNTY OF CHESTERFIELD, VIRGINIA, GENERAL
OBLIGATION PUBLIC IMPROVEMENT BONDS APPROVED AT AN ELECTION
DULY CALLED AND HELD IN THE COUNTY OF CHESTERFIELD, VIRGINIA,
ON NOVEMBER 5, 2013; FIXING THE FORM, DENOMINATION AND
CERTAIN OTHER DETAILS OF SUCH BONDS; AND PROVIDING FOR THE
SALE OF SUCH BONDS AND DELEGATING TO THE COUNTY ADMINISTRATOR
CERTAIN POWERS WITH RESPECT THERETO"
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF CHESTERFIELD, VIRGINIA:
SECTION 1. Findings and Determinations. It is
hereby found and determined as follows:
(a) The Board of Supervisors (the "Board of
Supervisors") of the County of Chesterfield, Virginia (the
"County"), in accordance with Chapter 26 of Title 15.2 of
the Code of Virginia, 1950, as amended, the same being the
Public Finance Act of 1991 (the "Act"), adopted a resolution
on May 28, 2014 entitled: "A RESOLUTION AUTHORIZING AND
PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY FROM TIME TO
TIME OF THREE HUNDRED FIFTY-THREE MILLION DOLLARS
($353,000,000) PRINCIPAL AMOUNT OF COUNTY OF CHESTERFIELD,
VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS
APPROVED AT AN ELECTION DULY CALLED AND HELD IN THE COUNTY
OF CHESTERFIELD, VIRGINIA, ON NOVEMBER 5, 2013; FIXING THE
FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS;
AND PROVIDING FOR THE SALE OF SUCH BONDS AND DELEGATING TO
THE COUNTY ADMINISTRATOR CERTAIN POWERS WITH RESPECT
THERETO" (the "Original Resolution") authorizing the
issuance of certain General Obligation Public Improvement
Bonds of the County.
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(b) Pursuant to the Original Resolution, the Board
of Supervisors has authorized the County to contract a debt
and to authorize the issuance and sale from time to time in
one or more series of not to exceed $353,000,000 aggregate
principal amount of General Obligation Public Improvement
Bonds of the County (hereinafter, the "Bonds"), for the
purpose of providing funds to pay the costs of the
acquisition, construction, reconstruction, improvement,
extension, enlargement and equipping of various school
improvement projects and public safety projects of and for
the County, as more particularly described in the Original
Resolution.
(c) The County has heretofore issued $166,455,000
aggregate principal amount of Bonds under the Original
Resolution. Pursuant to the Original Resolution, the County
is authorized to issue additional Bonds from time to time in
an aggregate principal amount not exceeding $186,545,000.
(d) The Original Resolution authorized the County
Administrator to sell the Bonds at competitive sale. The
County desires to make certain amendments to the Original
Resolution to authorize the sale of the Bonds by the County
pursuant to a negotiated sale.
SECTION 2.Amendments to Original Resolution.
SECTION 3. Section 10 of the Original Resolution
shall be amended and restated in its entirety to read as
follows:
"SECTION 10. Sale of Bonds. There is hereby
delegated to any one of the County Administrator
or the Deputy County Administrator for Finance and
Administration, the authority, without further
action by the Board of Supervisors, to sell the
Bonds authorized for issuance under this
resolution in accordance with the provisions
hereof at competitive or negotiated sale at such
price, and on such other terms and conditions as
shall be provided in the Official Notice of Sale
or in the Purchase Contract or Bond Purchase
Agreement relating to the Bonds. If the Bonds are
sold at a competitive sale, any one of the County
Administrator or the Deputy County Administrator
for Finance and Administration is herebv
authorized to cause to be prepared and
disseminated (via electronic dissemination or
otherwise) an Official Notice of Sale of the Bonds
in such form and containing such terms and
conditions as the County Administrator or the
Deputy County Administrator for Finance and
Administration may deem advisable, subject to the
provisions hereof. If the Bonds are sold at
negotiated sale, any one of the County
Administrator or the Deputy County Administrator
for Finance and Administration is hereby
authorized, without further notice to or action by
the Board of Supervisors, to execute and deliver
18-408
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to the underwriter or underwriters selected by the
County Administrator or the Deputy County
Administrator for Finance and Administration, a
Bond Purchase Contract or a Bond Purchase
Agreement relating to the Bonds, in such form and
containing such terms and conditions as the County
Administrator or the Deputy County Administrator
for Finance and Administration may deem advisable,
subject to the provisions hereof.
(a) If the Bonds are sold at competitive sale,
any one of the County Administrator or the Deputy
County Administrator for Finance and
Administration is hereby authorized to receive
bids for the purchase of the Bonds and, without
further action by the Board of Supervisors, to
accept the bid offering to purchase the Bonds at
the lowest true interest cost to the County,
computed in accordance with the provisions of the
Official Notice of Sale, and provided that such
bid is in conformity with the Official Notice of
Sale. If the Bonds are sold pursuant to a
negotiated sale, any one of the County
Administrator or the Deputy County Administrator
for Finance and Administration, without further
action by the Board of Supervisors, is authorized
to sell the Bonds at such interest rates and at
such prices as the County Administrator or the
Deputy County Administrator for Finance and
Administration, acting in consultation with the
County's Financial Advisor, shall determine,
subject to the provisions hereof. In no event
shall the true interest cost to the County of any
Bonds issued hereunder be in excess of eight
percent (8.00%), nor shall any premium payable
upon the optional redemption of the Bonds exceed
two percent (2.00%); provided, however, that the
redemption price of any taxable bonds issued
hereunder may include a make -whole redemption
price as may be determined and approved by the
County Administrator or the Deputy County
Administrator for Finance and Administration.
Prior to the acceptance of any bid for Bonds sold
at competitive sale, the County shall have
received the good faith deposit specified in the
Official Notice of Sale. Any one of the County
Administrator or the Deputy County Administrator
for Finance and Administration is hereby further
authorized to determine, or to modify the
provisions of this resolution with respect to, the
dated date of the Bonds, the interest payment
dates for the Bonds, the dates on which the Bonds
shall mature and the principal amount of the Bonds
maturing on each such maturity date and to fix the
rates of interest to be borne by the Bonds of each
maturity.
(b) Any one of the County Administrator or the
Deputy County Administrator for Finance and
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Administration is hereby further authorized to
execute and deliver to the purchasers of the Bonds
authorized for issuance under this resolution a
Continuing Disclosure Certificate evidencing the
County's undertaking, to comply with the
continuing disclosure requirements of Paragraph
(b)(5) of such Rule 15c2-12 to the extent
applicable to the Bonds. The County Administrator,
the Deputy County Administrator for Finance and
Administration, the Director of Accounting and the
County Attorney are hereby authorized to execute
and deliver to the purchasers of the Bonds one or
more certificates in the forms provided for in the
Official Statement or in any Bond Purchase
Agreement relating to the Bonds."
SECTION 4. Official Intent. The County expects to
issue a series of Bonds hereunder to be designated General
Obligation Public Improvement Bonds, Series A of 2018. The
Board of Supervisors hereby authorizes the County to make
expenditures for the purposes for which such Bonds are to be
issued in advance of the issuance and receipt of the proceeds
of sale of such Bonds and to reimburse such expenditures from
the proceeds of the sale of such Bonds. The adoption of this
resolution shall be considered as an "official intent" within
the meaning of Treasury Regulations Section 1.150-2
promulgated under the Code.
SECTION 5. Filing of this Resolution. The County
Attorney is hereby authorized and directed to file a copy of
this resolution, certified by the Clerk to the Board of
Supervisors to be a true and correct copy hereof, with the
Circuit Court of the County of Chesterfield, Virginia, all in
accordance with Section 15.2-2607 of the Act.
SECTION 6. Headings of Sections. The headings of
the sections of this resolution shall be solely for
convenience of reference and shall not affect the meaning,
construction, interpretation or effect of such sections or of
this resolution.
SECTION 7. Effective Date; Ratification. This
resolution shall take effect upon its adoption. The Original
Resolution, as amended and supplemented by this resolution,
is hereby ratified and confirmed. All actions and
proceedings heretofore taken by the County Administrator, the
Deputy County Administrator for Finance and Administration,
and any other officers, employees, agents and attorneys of
and for the County in connection with the transactions
contemplated by this resolution, including all actions taken
in contemplation of the negotiated sale of the County's
Series A of 2018 Bonds and the selection of the underwriter
or underwriters for such Bonds, are hereby ratified and
confirmed.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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12.B.18. ATHORIZATION FOR COUNTY ATTORNEY TO PETITION THE
CIRCUIT COURT, ON BEHALF OF THE BOARD OF
SUPERVISORS, FOR A WRIT OF ELECTION TO FILL THE
VACANCY IN THE OFFICE OF THE COMMONWEALTH'S
ATTORNEY OF CHESTERFIELD COUNTY
On motion of Mr. Holland, seconded by Ms. Haley, the Board
authorized the County Attorney to file a Petition for a Writ
of Election with the Circuit Court of Chesterfield County to
fill the vacancy in the Office of the Commonwealth's Attorney
of Chesterfield County.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
12.B.17. APPROPRIATION OF FUNDS FOR THE BAXTER PERKINSON
CENTER FOR THE ARTS
Mr. Matt Harris stated in August 2017, the county entered
into amended agreements with the Chesterfield Center for the
Arts Foundation to construct and operate a performing arts
center, co -located with the Chester Library. He further
stated staff has worked through design iterations to arrive
at a facility that is suitable for visual and performing arts
and that results in an exterior design commensurate with
other structures located in the Chester Village Green. He
stated staff is requesting a $5.175 million increase to the
project budget ($5.1 million county, $75,000 foundation). He
further stated the current budget is $11.7 million, $2.1
million of which is private funding. He stated staff
recommends financing the $5.1 million in the Fall 2018 VRA
pooled bond sale. He further stated debt service is estimated
to be $450,000; the first principal payment would be
structured in FY2020. He noted funding for this increase
would likely be accommodated in the debt service budget given
the difference between staff's planning assumptions for the
overall debt service budget and the likely interest rates
quoted at the time of financing.
Mr. Holland commended the efforts of staff and their design
recapitulations relative to the performing arts center.
Mr. Holland then made a motion, seconded by Ms. Jaeckle, for
the Board to appropriate $5.1 million in county funds, and an
additional $75,000 in foundation funds for the arts center
project.
Ms. Jaeckle noted the foundation's share of the arts center
funding totals $2.2 million, the only project in the county's
history that has a significant amount of privately raised
money donated.
Ms. Jaeckle called for a vote on Mr. Holland's motion,
seconded by herself, for the Board to appropriate $5.1
million in county funds, and an additional $75,000 in
foundation funds for the arts center project.
Ayes: Jaeckle, Haley and Holland.
Nays: Winslow, Elswick.
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13. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Mike Uzel, representing the Bermuda Advocates for
Responsible Development, expressed concerns relative to the
proposed changes to the Comprehensive Plan to allow I-3 Heavy
Industrial in I-2 zoning adjacent to residential development.
Mr. Phil Lohr, representing the Bermuda Advocates for
Responsible Development, expressed concerns relative to the
proposed changes to the Comprehensive Plan to allow I-3 Heavy
Industrial in I-2 zoning adjacent to residential development.
Ms. Brenda Stewart expressed concerns relative to the
Internal Audit investigation and the forensic examiner's
report of the school system's Supplemental Retirement
Program.
Mr. Ron Hayes expressed concerns relative to the Internal
Audit investigation and the forensic examiner's report of the
school system's Supplemental Retirement Program.
Mr. Rodney Martin expressed concerns relative to the proposed
changes to the Comprehensive Plan to allow I-3 Heavy
Industrial in I-2 zoning adjacent to residential development
and the Internal Audit investigation and the forensic
examiner's report of the school system's Supplemental
Retirement Program.
14. DEFERRED ITEMS
There were no Deferred Items at this time.
15. 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 17
IRSNO770
In Midlothian Magisterial District, Chesterfield County Board
of Supervisors request amendment of conditional use (Case
07SN0344) relative to architectural standards to permit the
use of a modular classroom and amendment of zoning district
map in an Agricultural (A) District on 16.9 acres known as
1701 Turner Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Residential use
(2.51 to 4 dwellings per acre). Tax ID 765-699-3061.
Mr. Andy Gillies stated the applicant has formally withdrawn
their application.
Mr. Mincks noted there is no action needed by the Board.
The Board acknowledged the withdrawal.
18-412
06/27/18
Fri I � } $T.lVL!
In Matoaca Magisterial District, Woodridge Investment
Company, LLC requests rezoning from Agricultural (A) to
Residential (R-12) plus conditional use planned development
to permit residential townhomes, office and group care
facility uses and exceptions to ordinance requirements and
amendment of zoning district map on 119.3 acres fronting
3,730 feet on the north line of Woolridge Road, 295 feet east
of Fox Light Parkway. Residential use of up to 3.63 units per
acre is permitted in the Residential (R-12) District. The
Comprehensive Plan suggests the property is appropriate for
Suburban Residential I use (maximum of 2.0 dwellings per
acre). Tax ID 716-680-0205.
Mr. Gillies stated Mr. Elswick is requesting that Case
16SN0694 be remanded back to the Planning Commission for 120
days.
Mr. Andy Scherzer, representing the applicant, accepted the
remand.
Ms. Jaeckle called for public comment.
Mr. Peter Katovich, Woodlake Community Resident, voiced his
support of the remand request and expressed concerns relative
to density/land use exceptions.
Mr. Mike Thomas, adjacent property owner to the proposed
development, voiced his support of the remand request
specifically to address the commercialization of the land use
proposal.
Mr. Mr. Walter Moore, Foxcreek resident, voiced his support
of remanding the case to the Planning Commission.
Mr. Don Delegge, FoxFire resident, voiced his support of the
remand request specifically to address non-compliance of the
land use proposal with the Comprehensive Plan and the
potential negative impacts on the Swift Creek Reservoir.
Mr. Bob Olsen, representing the Hands Across the Lake
Organization, spoke in favor of the remand request,
specifically, to address the potential negative impacts on
the water quality of the Swift Creek Reservoir.
Mr. John Skiles, President of the Foxcroft Homeowners
Association, voiced his support of the remand request,
specifically, to address the high density and
commercialization of the land use proposal.
Ms. Kim Owens, Foxcroft resident, spoke in favor of the
remand request, specifically to address the potential
negative impacts on the water quality of the Swift Creek
Reservoir, decreasing residential property values and traffic
impacts to the Hull Street Corridor.
Mr. Andrew Lee, Foxcroft resident, voiced his support of the
remand request to review the case in relation to the
Comprehensive Plan.
Mr. Gerald Ebert, FoxFire resident, spoke in favor of the
remand request, specifically, to address non-compliance of
the land use proposal with the Comprehensive Plan.
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06/27/18
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Mr. Aaron Parks, FoxFire resident, voiced his support of the
remand request and full review of the case to address
environmental, density/land use, transportation, school and
Fire/EMS issues.
Mr. Ivars Bemberis, Vice -President of Foxcroft Homeowners
Association, spoke in favor of the remand request,
specifically, addressing traffic issues at Timber Bluff
Parkway and Woolridge Road. He noted he did not receive
notification of community meetings relative to the case.
Ms. Candace Graham, Woodlake Community resident, voiced her
support of the remand request, specifically, to address the
potential negative impacts on the water quality of the Swift
Creek Reservoir.
Mr. Jason Witthoeft, FoxFire resident, spoke in favor of the
remand request and full review of the case to address
environmental, density/land use, transportation, school and
Fire/EMS issues. He expressed his appreciation to the Board
for representing the interests of their constituents.
Ms. Ilene Slade, Woodlake Community resident, spoke in favor
of the remand request, specifically, to address the
commercialization of the land use proposal and potential
traffic impacts to the Hull Street Corridor.
Mr. James Murphy voiced his support of the remand request
specifically, to address non-compliance of the land use
proposal with the Comprehensive Plan.
Ms. Marne Poladian, Woodlake Community resident, spoke in
favor of the remand request, specifically, to address the
potential negative impacts on the water quality of the Swift
Creek Reservoir. She expressed her appreciation to the Board
for representing the interests of their constituents.
Mr. Steven Brewer, FoxFire resident, urged the Board to
oppose the land use proposal.
Ms. Sharon Dominick, Woodlake Community resident, voiced her
support of the remand request. She noted she did not receive
notification of community meetings relative to the case.
Mr. Bruce Wood, representing The Landing at Swift Creek,
spoke in support of the remand request, specifically, to
address non-compliance of the land use proposal with the
Comprehensive Plan as well as protecting the reservoir during
construction.
Ms. Rebecca Brown, FoxFire resident, spoke in support of the
remanding the request to the Planning Commission.
Ms. Heather Mitchell, FoxFire resident, spoke in favor of
remanding the case to the Planning Commission.
Ms. Lisa Taylor, Hampton Park resident, voiced her support of
the remand request, specifically, to address traffic issues
and potential negative impacts on the water quality of the
Swift Creek Reservoir.
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06/27/18
Mr. Kevin Carrol, Matoaca District resident, spoke in favor
of remanding the case to the Planning Commission. He also
commended Mr. Elswick for representing the interests of his
constituents.
Ms. Jennifer Healy, Woodlake Community resident, voiced her
support of the remand request. She noted she did not receive
notification of community meetings relative to the case.
Ms. Laura Taylor, FoxFire resident, spoke in favor of
remanding the case to the Planning Commission and commended
Mr. Elswick for representing the interests of his
constituents. She also noted there is an online petition with
over 1,100 signatures against the proposed density usage.
There being no one else to address the remand, the public
hearing was closed.
Mr. Scherzer stated the applicant will take all input heard
tonight into consideration and work through the process again
to bring forth a better proposal.
Mr. Elswick expressed his appreciation to the citizens for
sharing their comments with the Board of Supervisors. He
recommended filing a copy of his June 22, 2018 letter sent to
Community Association representatives with the papers of the
Board.
Mr. Elswick then made a motion, seconded by Mr. Holland, for
the Board to remand Case 16SNO694 back to the Planning
Commission for 120 days, and requested that the Planning
Commission address all items for review as specified in his
letter dated June 22, 2018.
Mr. Holland commended the citizens for sharing their comments
with the Board of Supervisors. He noted future notice of
community meetings relative to the case will be distributed
to all surrounding communities.
Ms. Jaeckle called for a vote on Mr. Elswick's motion,
seconded by Mr. Holland, for the Board to remand Case
16SNO694 back to the Planning Commission for 120 days, and
requested that the Planning Commission address all items for
review as specified in his letter dated June 22, 2018. (It is
noted a copy of the letter is filed with the papers of this
Board.)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
ISSM0710
In Dale Magisterial District, Stephanie N. Griffith requests
conditional use to permit a business incidental to a dwelling
(daycare for up to twelve children) and amendment of zoning
district map in an Agricultural (A) District on 6.4 acres
known as 4221 Kingsland Road. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Suburban
Residential II use (maximum of 2.0 to 4.0 dwellings per
acre). Tax ID 783-671-5547.
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06/27/18
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Mr. Gillies presented a summary of Case 18SN0730 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Ms. Stephanie N. Griffith accepted the conditions.
In response to Ms. Jaeckle's question regarding restrictions
relative to the number of employees, Ms. Griffith stated she
would like more than one employee permitted to work in the
daycare.
Mr. Holland noted there was no citizen opposition to the
request.
Discussion ensued relative to the square footage of the
residence in conjunction to the number of children.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Holland noted his intention to amend Condition 8 from one
employee to two.
Mr. Holland made a motion, seconded by Ms. Haley, for the
Board to approve Case 18SN0730, subject to the following
conditions and amended Condition 8:
1. Non -Transferable Ownership: This conditional use
approval shall be granted to and for Stephanie N.
Griffith, 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 or any children that reside in
the home, at any one time. (P)
5. Hours of Operation: Hours and days of operation shall be
limited to Monday through Friday from 6:30 a.m. to 6
p.m. There shall be no Saturday or Sunday operation of
this use. (P)
6. Time Limitation: This conditional use approval shall be
granted for a period not to exceed five (5) years from
the date of approval. (P)
7. Fenced Outdoor Play Areas: Any outdoor play area and/or
recreational equipment utilized by the family day-care
home shall be located in the side or rear yard of the
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06/27/18
property. Outdoor play and/or recreational equipment
areas shall have perimeter fencing of at least four feet
in height, installed and maintained around the equipment
or play area. All equipment for outdoor play areas shall
be located no closer than fifteen (15) feet from the
side or rear property lines. (P)
8. Employees: No more than two (2) employees shall be
permitted to work on the premises other than family
member employees that live on the premises. (P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
1Qcu0'7'A'A
In Midlothian Magisterial District, the Chesterfield County
Planning Commission request conditional use to permit a
private museum and amendment of zoning district map in an
Agricultural (A) District on 9.8 acres fronting 200 feet on
the east line of County Line Road, 670 feet north of Mount
Hermon Road. Density will be controlled by zoning conditions
or ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Phased Suburban Residential use
of 2.0 units per acre. Tax ID 704-700-3328.
Mr. Gillies presented a summary of Case 18SN0733 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions. As agent, he accepted the
conditions.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Haley, seconded by Mr. Holland, for the
Board to approve Case 18SN0733, subject to the following
conditions:
1. This conditional use approval shall be granted to and for
the Old Dominion Chapter of the National Railway
Historical Society only and shall not be transferable or
run with the land. (P)
2. This conditional use approval is to permit a private
museum only. (P)
3. Unless the underlying zoning district (Agricultural)
requirements are more restrictive, any development for a
private museum shall conform to the requirements of the
Zoning Ordinance for office uses in the Emerging Growth
Areas. (P)
4. Any special event held in conjunction with the private
museum use shall not operate after 7:00 p.m. Only one (1)
special event may be held in a one (1) month period.
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06/27/18
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Special events shall be limited to fundraising and
educational programs for the private museum use only. (P)
5. Within ninety (90) days of a written request by the
Transportation Department, forty-five (45) feet of right-
of-way, measured from the centerline of County Line Road
immediately adjacent to the property, shall be dedicated,
free and unrestricted, to and for the benefit of
Chesterfield County. (T)
(NOTE: All other conditions of Case 75AO03 shall remain in
effect.)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
ISSNO734
In Midlothian Magisterial District, Dominion Realty Partners,
LLC requests rezoning from Office Corporate (0-2) to
Multifamily Residential (R -MF) plus conditional use planned
development to permit exceptions to parking and setback
requirements and amendment of zoning district map on 24.8
acres fronting in two places for a total of 1220 feet on the
west line of Boulders Parkway at Boulder Lake Drive and
across from Beaufont Spring Drive. Residential use of up to
10 dwelling units per acre is permitted in the Multi -Family
Residential District. The Comprehensive Plan suggests the
property is appropriate Office Park -Office and Hotel uses.
Tax ID 763-711-6425.
Mr. Gillies presented a summary of Case 18SNO734 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Jim Theobald, representing the applicant, accepted the
recommendation and stated he believes the conditions
proffered are reasonable under state law.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Haley, seconded by Mr. Winslow, the Board
approved Case 18SNO734 and accepted the following proffered
conditions:
The property owner and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the property under consideration (the "Property") will be
developed according to the following proffers if, and only
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the owner and applicant.
In the event this request is denied or approved with
conditions not agreed to by the owner and applicant, the
proffers shall immediately be null and void and of no further
force or effect.
18-418
06/27/18
1. Master Plan. The Textual Statement dated May 1, 2018
shall be considered the "Master Plan". (P)
2. Conceptual Site Plan. The site shall be developed as
generally depicted on the conceptual site plan dated May
1, 2018 entitled "Boulder Apartments, Chesterfield
County, Virginia", prepared by Rule Joy Trammell Rubio
Architecture Interior Design attached hereto as Exhibit
A. (P)
3. Elevations/Exterior Facades. Development of the Property
shall be in general conformance with the architectural
appearance shown on the elevations attached hereto
entitled "Boulders Apartments", dated April 26, 2018,
prepared by Rule Joy Trammell Rubio Architecture
Interior Design attached hereto as Exhibit B-1, Exhibit
B-2 and Exhibit B-3. Provided, however, the Planning
Commission may approve alternate treatment and materials
provided the alternative meets the spirit and intent of
the above requirement relative to design and building
material quality.
a. Roof materials shall be 30 year
architectural/dimensional asphalt composition
shingle.
b. Acceptable building materials shall be brick,
composition, hardiplank, engineered wood (e.g. LP
Smartside) and horizontal lap siding. Horizontal
lap siding shall be manufactured from natural wood
or cement fiber board. Plywood, vinyl and metal
siding are not permitted. Painted wood trim is not
permitted.
C. There shall be a minimum vertical height of twenty-
four (24) inches of brick, stone or stone veneer
above grade utilized on slab -on -grade foundations
visible from public and private streets.
d. Buildings shall have no more than three (3) stories
and shall not exceed a height of fifty (50) feet as
measured from slab on grade to top of roof high
point. (P and BI)
4. Recreation Areas/Focal Point. Recreation areas shall be
provided to include a clubhouse a minimum of 5,000 gross
square feet and a pool. The clubhouse shall serve as a
focal point. A certificate of occupancy shall be
obtained for the clubhouse prior to the issuance of a
certificate of occupancy for the 60th dwelling unit on
the Property. The pool shall be constructed
simultaneously with the clubhouse, weather permitting.
Part of these areas shall be "hardscaped" (concrete,
asphalt or pavers) and have a combination of other
amenities such as benches, a pergola, a gazebo and
pavers that accommodate and facilitate gatherings. Other
active areas shall include pocket parks, dog park, open
space and trails along the lake. (P)
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06/27/18
5. Dwelling Units. A maximum of two hundred forty-eight
(248) dwelling units shall be permitted. The total
number of three bedroom units shall not exceed five
percent (5%) of the total number of dwelling units. All
other units shall be one or two bedroom units. (P and
BI)
6. Sidewalks. Sidewalks shall be provided on at least one
side of the internal roads. The treatment and location
of these sidewalks shall be approved by the Planning
Department at the time of site plan review. (P)
7. Street Trees. Street trees shall be planted along each
side of the internal roads of the Property to include
entrance roads from public roads into the development.
If existing trees are maintained and are located along
the sides of the internal roads, they may be counted
toward this requirement. (P)
8. Supplemental Landscaping. Supplemental landscaping shall
be provided around the perimeter of all buildings,
between buildings and driveways, within medians, and
within common areas not occupied by recreational
facilities or other structures. Such landscaping shall
be designed to: minimize the predominance of building
mass and paved areas; define private spaces; and enhance
the residential character of the development. The
Planning Department, at the time of site plan review,
shall approve the landscaping plan with respect to the
exact numbers, spacing, arrangement and species of
plantings. Foundation planting beds shall be
incorporated within such landscape plan along the
facades of buildings which face public streets and
internal driveways and shall (i) have a width of at
least four feet from the building foundation, (ii) be
defined with a trenched edge or suitable landscape
edging material, and (iii) include medium shrubs spaced
a maximum of four (4) feet apart or an alternate plant
variety approved at the time of plan review. (P)
9. Street Lighting. Street lights shall be decorative and
residential in character with a non -glare design. Light
poles shall have a maximum height of twenty (20) feet
and shall be located generally along the internal roads
as approved by the Planning Department. (P)
10. Heating, Ventilation and Air Conditioning (HVAC) Units.
Units shall initially be screened by landscaping or low
maintenance material as approved by the Planning
Department. (P)
11. Sod and Irrigation. Sod and irrigation shall be required
for the Property's frontage on Boulders Parkway and
within the clubhouse area, except where such areas have
been improved with hardscape, planting beds or other
areas where grass is not grown. (P)
12. Utilities. The public water and wastewater systems shall
be used. (U)
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06/27/18
13. Road Improvements. Prior to issuance of any occupancy
permit, the following road improvement shall be
completed, as determined by the Transportation
Department:
a. Construction of a sidewalk along the west side of
Boulders Parkway for the entire Property frontage
exclusive of the wetlands areas and Resource
Protection Area (RPA), unless construction within
the RPA is approved by the Environmental
Engineering Department, with modifications approved
by the Transportation Department.
b. Dedication to and for the benefit of Chesterfield
County, free and unrestricted, of any additional
right of way (or easements) required for the
improvement identified above. (T)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
18SNO610
In Matoaca Magisterial District, Commonwealth Centre
Ventures, L.L.C. requests amendment of conditional use
planned development (Case 86SN0144) to permit use exceptions
for multi -family residential use and exceptions to ordinance
requirements and amendment of zoning district map in a Light
Industrial (I-1) District on 11.3 acres located in the
northwest corner of Route 288 and Commonwealth Centre
Parkway. Density will be controlled by zoning conditions or
ordinance standards. The Comprehensive Plan suggests the
property is appropriate for regional mixed use. Tax ID 737-
676-1223.
Mr. Gillies presented a summary of Case 18SNO610 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Mark Kronenthal, representing the applicant, accepted the
recommendation and stated he believes the conditions
proffered are reasonable under state law.
Mr. Mincks noted there were changes to amendments submitted
after advertisement of the case and the Board would need to
unanimously suspend its rules to consider the case.
Mr. Elswick made a motion, seconded by Mr. Elswick, for the
Board to suspend its rules to allow for consideration of the
amended proffered conditions.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
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06/27/18
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On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved Case 18SNO610 and accepted the following proffered
conditions:
The Owner -Applicant in this rezoning Case 18SNO610 pursuant
to Section 15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County,
Virginia, for itself and its successor or assigns, proffers
the development of the approximately 11.3 acre site (the
"Property") with a Chesterfield County Tax Identification
Number 737-676-1223 under consideration will be developed
according to the following conditions; however, in the event
the request is denied or approved with conditions not agreed
to by the Owner -Applicant, these proffers shall be
immediately null and void and of no further force or effect.
1. The Textual Statement dated June 13, 2018 shall be
considered the Master Plan for the Property. (P)
2. The public water and wastewater systems shall be used.
(U)
3. Pedestrian walks and amenities shall be provided and
maintained as part of any use on the Property. These
pedestrian areas shall be designed to include amenities
that add high visual interest, such as but not limited
to: decorative pedestrian -style lighting; landscaped
areas; plantings; bike racks; plazas; water features;
gathering areas; and other pedestrian elements. The
exact design and location of pedestrian elements shall
be approved at the time of plan review by the Planning
Department. (P)
4. Any ground level mechanical, heating, ventilation and
air conditioning (HVAC) units and whole house generators
shall be screened from view of public roads by
landscaping or low maintenance material, such as an
opaque fence or wall or if located on the roof, screened
from view of public roads by a parapet wall compatible
with the building facade, or as otherwise approved by
the Planning Department. (P)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
IRSN0824
In Matoaca Magisterial District, Chesterfield County Board of
Supervisors requests amendment of zoning approval (Case
17SN0824) to amend cash proffers and amendment of zoning
district map in a Residential (R-25) District on 0.6 acre
known as 4807 Hidden Falls Drive. Density will be controlled
by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Suburban Residential I use (maximum 2.0 dwellings per acre).
Tax ID 718-682-6916.
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06/27/18
Mr. Gillies presented a summary of Case 18SN0824 and stated
both the Planning Commission and staff recommended approval.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Elswick and Mr. Holland stated all proceeds collected for
the St. Jude Dream Home will be donated to support the St.
Jude Children's Research Hospital and its mission.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved Case 18SN0824 to delete Proffered Condition 1 to
eliminate the road cash proffer payment.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
1 A9=71A
In Matoaca Magisterial District, Justin Farrish requests an
exception to Section 18-60 of the utility ordinance for
connection to the public sewer system and amendment of zoning
district map in a General Business (C-5) District on 5.9
acres fronting 325 feet on the south line of Hull Street
Road, 405 feet east of Baldwin Creek Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Corporate Office use. Tax ID 707-666-0995.
Mr. Gillies presented a summary of Case 18SN0736 and stated
the Planning Commission recommended approval; however, staff
recommended denial because there are no topographic or
capacity limitations that would prevent connection to the
public wastewater system; the proposal adversely impacts the
extension of public wastewater system to area properties; and
adversely affects achieving the highest and best land use
suggested by the Comprehensive Plan.
Mr. Kerry Hutcherson, representing the applicant, accepted
the conditions. He stated the applicant has indicated
development of the property for a mini -storage warehouse
facility is planned and he would like the option of using a
private septic system.
Ms. Jaeckle 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 18SN0736, subject to the following conditions:
1. Any site plan or building permit for the subject parcel
shall provide and dedicate public wastewater easements
in locations acceptable to the Utilities Department to
accommodate the future extension of the public
wastewater system. Such easements shall be. dedicated
prior to the site plan approval. (U)
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2. In the event the public wastewater system is extended to
a point within 200 feet of the property, the public
wastewater system shall be extended to a point
acceptable to the Utilities Department and all uses
requiring domestic wastewater shall be connected to the
public wastewater system. (U)
3. The exception to the use of public wastewater shall only
apply to this original 5.87 -acre parcel/property
provided the use is limited to a mini storage as
proposed. Any development of the property for additional
lots or uses, other than the aforementioned, shall be
required to conform to the Code at that time for the
provision of public wastewater. (U)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
16. PUBLIC HEARINGS
16.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE TO PROVIDE
FOR LIFETIME DOG LICENSES
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider amendments to the
County Code to provide for lifetime dog licenses. He further
stated the county is required by state code to have a dog
license fee, which is currently either $7 or $5 depending
upon whether the animal has been spayed or neutered. He
stated state code was amended allowing localities to issue a
lifetime dog license. He further stated staff is proposing a
change to the county ordinance to allow a lifetime dog
license at a cost of $10, consistent with regional peers.
Ms. Jaeckle called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-
ENACTING SECTIONS 4-29, 4-31, 4-34, 4-35, 4-36, 4-37 AND 4-
38,
RELATING TO LIFETIME DOG LICENSES AND PROVIDING FOR A PENALTY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 4-29, 4-31, 4-34, 4-35, 4-36, 4-37 and 4-
38, of the Code of the County of Chesterfield, 1997, as
amended, are amended and re-enacted to read as follows:
Sec. 4-29. - Unlawful acts; penalties.
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06/27/18
(a) The following shall be unlawful acts and constitute
class 4 misdemeanors:
(1) License application: For any person to make a false
statement in order to secure a dog license to which he
is not entitled.
(2) License tax: For any dog owner to fail to pay the
license tax required by this chapter. In addition, the
court may order confiscation and the proper disposition
of the dog.
DIVISION 2. - DOG LICENSES
Sec. 4-31. - What dog license shall consist of.
A dog license shall consist of a license receipt and a
metal tag. The tag shall be stamped or permanently marked to
show the name "Chesterfield County," the date it was issued
and the serial number. The dog license issued pursuant to
this division is provided for the lifetime of the dog. Such
license shall be valid only as long as the animal's owner
resides in the county and the animal's rabies vaccination is
kept current.
Sec. 4-34. - Effect of dog not wearing collar as evidence.
Any dog not wearing a collar bearing a current license tag
shall be deemed to be unlicensed and in any proceedings under
this article the dog's owner shall have the burden of proving
that the dog has been licensed, or was not required to wear a
tag at the time.
Sec. 4-35. - How to obtain license.
Any county resident may obtain a dog license by making
oral or written application to the treasurer, accompanied by
the amount of license tax and a current certificate of
vaccination showing that the dog has been vaccinated or
inoculated against rabies by a currently licensed
veterinarian or currently licensed veterinarian technician
who was under the immediate and direct supervision of a
licensed veterinarian on the premises. The treasurer shall
only have authority to license dogs of resident owners and
may require information to this effect from any applicant.
Upon receipt of proper application and current certificate of
rabies vaccination, the treasurer shall issue a license tag
and a license receipt to the applicant on which he shall
record: (i) the owner's name and address; (ii) the date of
payment; (iii) the period for which issued; (iv) the tag's
serial number; and (v) whether the license is for a male,
female, or spayed or neutered dog or kennel. The treasurer
shall retain the information received and make it available
for public inspection for the period during which the license
is valid. The treasurer may establish substations in
convenient locations in the county and appoint agents for the
collection of the license tax and issuance of the license.
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Sec. 4-36. - License taxes—Amounts; exception.
(a) The following license taxes are hereby levied:
(1) Dogs: $10.00.
(2) Kennel: For between four and 20 dogs, $25.00 per
license tax year.
(3) Kennel: For between 21 and 50 dogs, $35.00 per
license tax year.
(b) No license tax shall be levied on any dog that is (i)
trained and serves as a guide dog for a blind person; (ii)
trained and serves as a hearing dog for a deaf or hearing
impaired person; or (iii) trained and serves as a service
dog for a mobility -impaired person or otherwise disabled
person. As used in this section, "hearing dog," "mobility -
impaired person," "otherwise disabled person," and
"service dog" have the same meanings as defined in
Virginia Code § 51.5-40.1, as amended.
(c) The fee for a duplicate license tag for any dog shall be
$1.00.
Sec. 4-37. - Same—When payable.
(a) The owner of any dog four months old or older shall pay
the license tax immediately. Failure to pay the license
tax within 30 days after the dog has reached the age of
four months, or within 30 days after an owner acquires a
dog four months of age or older shall constitute a
violation of section 4-29 (a) (2) .
(b) Owners holding current dog license tags for calendar
year 2018 may use such tags until January 31, 2019,
without penalty.
(c) For purposes of the kennel license tax, the license tax
year shall begin on January 1 and end on December 31. The
license tax for each license tax year shall be paid not
later than January 31.
Sec. 4-38. - Same—Payment subsequent to summons.
If a person pays the license tax after receiving a summons
to appear before a court for failure to do so as required he
shall not be relieved from any penalties.
Secs. 4-40-4-50. - Reserved.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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16.B. TO CONSIDER ADOPTION OF AN ORDINANCE RELATING TO
REGULATIONS FOR MASSAGE CLINICS AND LICENSED MASSAGE
THERAPISTS
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider adoption of an
ordinance relating to regulations for massage clinics and
licensed massage therapists. He further stated the ordinance
amendments adopting County Code Sections 15-91 - 15-101 will
define and regulate massage clinics and licensed massage
therapists. Among other things, he stated the ordinance will
allow inspections of massage clinics by both the Chesterfield
County Health Department and Police Department to ensure they
are operating in a safe manner for the patrons of the
business. He further stated it will also regulate the
locationsthat massages may be administered in the county and
regulate who may perform the massage. Finally, he stated the
ordinance will make unlawful any sexual contact between the
therapist and the patron during a massage session.
Ms. Jaeckle called for public comment.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY ENACTING SECTIONS 15-91 THROUGH 15-101
RELATING TO REGULATIONS FOR MASSAGE CLINICS AND LICENSED
MASSAGE THERAPISTS AND PROVIDING FOR A PENALITY FOR VIOLATION
THEREOF
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 15-91 through 15-101 of the Code of the
County of Chesterfield, 1997, as amended, are enacted to read
as follows:
CHAPTER 15
REGULATED OCCUPATIONS AND SERVICES
000
ARTICLE V. ADMINISTRATION OF MASSAGE FOR CONSIDERATION
000
Sec. 15-91. Definitions.
For this article, the following words and phrases shall
have the following meanings:
Barber shop: An establishment which provides one or more
of the following services in exchange for consideration: hair
care, makeovers, facials, manicures, pedicures,, or body
waxing.
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Beauty salon: An establishment which provides one or
more of the following services in exchange for consideration:
hair care, skin care, makeovers, facials, manicures,
pedicures or body waxing.
Care facility: A hospital, nursing home, convalescent
care facility, assisted living facility, life care facility,
or group care facility.
Chief of police: The Chesterfield County Police Chief or
his designee.
Client: A person receiving a massage.
Consideration: Anything of
services rendered, including,
goods, services or advertising.
value given in exchange for
but not limited to, money,
Health club: An establishment which provides health and
fitness equipment and programs for its client's use in
exchange for any form of consideration. A health club may be
located in a hotel or motel but not in a guest room in a
hotel or motel.
Licensed massage therapist: Any person who administers a
massage to a client in exchange for consideration, and who
has qualified as a licensed massage therapist pursuant to the
requirements of Code of Virginia, H 54.1-3000 and 54.1-3029,
as amended.
Massage: The treatment of soft tissues for therapeutic
purposes by the application of massage and body work
techniques based on the manipulation or application of
pressure to the muscular structure or soft tissues of the
human body. Massage shall not include the diagnosis or
treatment of illness or disease or a service or procedure for
which a license to practice medicine, nursing, chiropractic
therapy, physical therapy, occupational therapy, acupuncture
or podiatry is required by law. Massage shall also not
include placing hands on, touching, or fondling the sexual or
genital parts of another or exposing one's sexual or genital
parts to any other person.
Massage clinic: A fixed place of business where a
licensed massage therapist gives a client a massage. A
massage clinic shall either be free-standing or located
within a health club, tanning salon, hotel or motel (but not
in a guest room in a hotel or motel), beauty salon,
barbershop or within a public university, public college, or
post -secondary school that is approved by the State Council
of Higher Education for Virginia.
Massage clinic operator: The person who is responsible
for the day-to-day operation of the clinic. The massage
clinic operator need not qualify as a licensed massage
therapist if he or she does not intend to administer massage.
Public gathering: Any event occurring in the county that
is open to the general public and involves more than 50
persons.
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Seated massage: A massage of the upper body or feet when
the client is fully clothed and seated in a chair.
Sexual or genital parts: The genitals, pubic area,
buttocks or anus of any person and the breasts of a female
person.
Tanning salon: An establishment which has as its primary
business the provision of tanning services in exchange for
consideration.
Sec. 15-92. Persons who may perform a massage for
compensation.
No person shall administer or perform, or permit to be
administered or performed, a massage in exchange for
consideration in or upon any premises within the county
unless:
(a) The massage is performed for medical, relaxation,
remedial or hygienic purposes; and
(b) The person performing the massage is a licensed
massage therapist.
Sec. 15-93. Exclusions to Section 15-92.
Section 15-92 shall not apply to massages administered
for medical, relaxation, remedial or hygienic purposes by:
(a) A physician, surgeon, chiropractor, osteopath or
physical therapist duly licensed by the
Commonwealth of Virginia;
(b) A licensed nurse acting under the prescription or
direction of any such physician, surgeon,
chiropractor, osteopath, or physical therapist;
(c) A licensed massage therapist acting on the premises
of any such physician, surgeon, chiropractor,
osteopath or physical therapist and under his
prescription or direction; or
(d) A student of massage therapy enrolled in a course
of instruction for massage therapy at a public
university, public college, or post -secondary
school that is approved by the State Council of
Higher Education for Virginia, provided also that
the massage is performed as part of a course of
instruction for massage therapy at a massage clinic
and that a licensed massage therapist is present in
the room at all times with the massage therapy
student.
In addition, Section 15-92 shall not apply to barber
shops or beauty salons in which massage is given to the
scalp, face, neck or shoulders only.
Sec. 15-94. Permissible locations for massage.
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A licensed massage therapist may give a massage in the
county only at the following locations and under the
following conditions:
(1) At a permitted massage clinic;
(2) At the regular place of business, not located in a
residence, of the client during the regular hours
of such business; provided, that a licensed massage
therapist may only give a seated massage at such
location;
(3) At a care facility;
(4) At a public gathering, provided that a licensed
massage therapist may only give a seated massage at
such location;
(5) Except as otherwise prohibited by this article, at
a client's residence; and
(6) At a licensed massage therapist's home provided
that the therapist meets the requirements of a home
occupation as set forth in chapter 19.1 of the
County Code.
Sec. 15-95. Display of certificate.
Each licensed massage therapist shall post his or her
current license issued by the state board of nursing in a
public area at the massage clinic premises. If the licensed
massage therapist is giving a massage at a location permitted
by Section 15-94 other than a massage clinic, the therapist
shall have the current license, or a copy, in his or her
possession at the location.
Sec. 15-96. Individual health requirements.
(a) No massage clinic operator or licensed massage
therapist shall be permitted to give a massage or come in
contact with a client unless the operator or licensed massage
therapist shall be free of any contagious or communicable
disease. The director of public health or his designee may,
for cause, prohibit an operator or licensed massage therapist
from giving a massage unless and until the person provides a
certificate from a licensed physician that the person has
been examined within the previous ten days and found to be
free of all contagious or communicable diseases.
(b) No massage clinic operator or licensed massage
therapist shall knowingly serve any client infected with any
fungus or other skin infection, nor shall a massage be
performed on any client exhibiting skin inflammation or
eruption, unless a licensed physician has certified that any
such person may be safely served and has prescribed any
necessary conditions on the service.
Sec. 15-97. Necessary facilities for a Massage Clinic.
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(a) Each massage clinic shall have and maintain the
following facilities or equipment in a clean, sanitary and
remarkable condition:
(1) Equipment for disinfecting and sterilizing non -
disposable instruments and materials if used in
performing massage.
(2) Hot and cold water and soap, which shall be
provided at all times.
(3 ) Towels and linens for each of the clinic's clients
or each client receiving massage services. Common
use of towels or linens shall not be permitted.
(4) A custodial service sink located in the building in
which the massage clinic quarters are located.
(b) Each massage clinic operator shall maintain any
walls, ceilings, floors, pools, showers, bathtubs, steam
rooms and any other physical facilities for the clinic in
good repair and in a clean and sanitary condition. Any heat,
steam or vapor rooms or cabinets shall be cleaned each day
the clinic is in operation. Bathtubs shall be thoroughly
cleaned after each use.
(c) Massage tables, bathtubs, shower stalls and steam
or bath areas shall have nonporous surfaces which may be
readily disinfected.
Sec. 15-98. Unlawful acts.
(a) It shall be unlawful for a massage clinic operator
or a licensed massage therapist to:
(1) Place hands upon, to touch with any part of the
operator's or therapist's body, to fondle in any manner, or
to massage a sexual or genital part of a client;
(2) Expose the operator's or therapist's sexual or
genital parts or any portion thereof to a client;
(3) Expose the sexual or genital parts or any portion
thereof of a client; or
(4) Fail to conceal with a fully opaque covering the
sexual or genital parts of the operator's or therapist's
body while in the presence of a client.
(b) It shall be unlawful for a client to:
(1) Place hands upon, to touch with any part of the
client's body, to fondle in any manner, or to massage a
sexual or genital part of an operator or a therapist;
(2) Expose the client's sexual or genital parts or any
portion thereof to an operator or therapist;
(3) Expose the sexual or genital parts or any portion
thereof of an operator or therapist; or
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(4) Fail to conceal with a fully opaque covering the
sexual or genital parts of the client's body while in the
presence of an operator or a therapist.
(c) It shall be unlawful for any person to: (i)
solicit, command, entreat or otherwise attempt to persuade
any person to commit any of the acts listed in this section,
(ii) offer to commit any of the acts listed in this section,
or (iii) agree to participate in any of the acts listed in
this section.
Seca 15-99. Massage clinic operator and licensed massage
therapist responsibilities.
The massage clinic operator shall be responsible for
maintaining the premises in accordance with this article's
requirements and for ensuring that all agents and employees
comply with this article's requirements. No massage clinic
operator shall allow on his premises any activity or behavior
prohibited by the laws of the United States, the Commonwealth
of Virginia, or this county, and no licensed massage
therapist shall engage in any such behavior.
Sec. 15-100. Inspection and enforcement.
This article shall be enforced by the police department
and the health department. Further, these departments may
inspect those areas of each massage clinic which are open to
the public for the purpose of determining compliance with
this article. Inspections shall be made at reasonable times
and in a reasonable manner.
Sec. 15-101. Penalties.
Any person who violates this article shall, in addition
to being subject to the provisions of any other applicable
ordinance or statute, be guilty of a misdemeanor and, upon
conviction, shall be punished by a fine not exceeding
$1,000.00 or by confinement in jail for a period not
exceeding one year, either or both.
Secs. 15-102 to 15-120. Reserved.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
16.C. TO CONSIDER THE FY2019-FY2024 SECONDARY ROAD SIX-YEAR
IMPROVEMENT PLAN AND FY2019 SECONDARY ROAD IMPROVEMENT
BUDGET
Mr. Smith stated this date and time has been advertised for a
public hearing for the Board to consider the FY2019-FY2024
Secondary Road Six -Year Improvement Plan and FY2019 Secondary
Road Improvement Budget. He further stated the state statute
requires the Board of Supervisors to update, every two years,
jointly with the Virginia Department of Transportation
(VDOT), six-year plan identifying improvements that are
anticipated to be made to the secondary road system in the
county. He stated the recommended FY2019-FY2024 Secondary
Six -Year Plan has been developed by VDOT and staff based on
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06/27/18
projected revenues of approximately $1.11 million per year,
plus $22,000 which must be used for hard surfacing unpaved
roads. He further stated in order to accelerate projects,
staff proposes to manage the associated design, right-of-way
acquisition and construction activities for the new projects
added to the Plan. As a result, he stated a VDOT/County
design/right-of-way/ construction agreement, similar to those
the county has executed in the past, will be necessary. He
further stated under the terms of the agreement, the county
will perform the various activities and be reimbursed by
VDOT. He stated staff recommends the Board authorize the
Chairman of the Board, County Administrator, and Procurement
Director to proceed with the necessary tasks required for the
administration of the projects.
Ms. Jaeckle called for public comment.
Mr. David Dream, representing RounTrey, expressed concerns
relative to the potential for increased traffic volume as a
result of the Woolridge Road extension.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Elswick and Ms. Haley expressed their appreciation to Mr.
Kevin Reichert, the residency administrator for VDOT, for his
responsiveness addressing citizen issues and concerns.
Mr. Holland made a motion, seconded by Mr. Elswick, for the
Board to adopt the following resolution approving the FY2019-
FY2024 Secondary Road Six -Year Improvement Plan:
WHEREAS, the Chesterfield County Board of Supervisors
and the Virginia Department of Transportation (VDOT) have
conducted a public hearing on the FY2019 through FY2024
Secondary Road Six -Year Improvement Plan; and
WHEREAS, the Board concurs with the proposed projects
identified in the Plan.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors approves the FY2019 through
FY2024 Six -Year Secondary Road Improvement Plan as presented
by VDOT.
And, further, the Board adopted the following resolution
approving the FY2019 Secondary Road Improvement Budget:
WHEREAS, the Virginia Department of Transportation
(VDOT) has submitted its proposed FY2019 Secondary Road
Improvement Budget to the county; and
WHEREAS, the Budget represents the implementation of the
first year of the FY2019 through FY2024 Six -Year Secondary
Road Improvement Plan adopted by the Board.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors approves the FY2019 Secondary
Road Improvement Budget as presented by VDOT.
And, further, the Board approved the following items:
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1. For selected projects in Plan, authorized the County
Administrator, or his designee, to enter into the
customary VDOT/County agreements/contracts, permits/
mitigation agreements, and surety agreements, acceptable
to the County Attorney;
2. Authorized the County Administrator to proceed with the
design and right-of-way acquisition, including
advertisement of an eminent domain public hearing if
necessary and to accept the conveyance of right-of-way
and easements that are acquired;
3. Authorized the Chairman of the Board of Supervisors and
County Administrator to execute easement agreements for
relocation of utilities; and
4. Authorized the Procurement Director to proceed with the
advertisement of a construction contract for the
projects.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
16.D. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR THE OLD
BERMUDA HUNDRED ROAD (OLD STAGE ROAD TO ROUTE 10)
RECONSTRUCTION PROJECT
Mr. Smith stated this date and time has been advertised for a
public hearing for the Board to consider the exercise of
eminent domain for the acquisition of right-of-way and
easements for the Old Bermuda Hundred Road (Old Stage Road to
Route 10) Reconstruction Project. He further stated the Board
authorized staff to proceed with the Old Bermuda Hundred Road
(Old Stage Road to Route 10) Reconstruction Project,
including acquisition of right-of-way. He stated the Board
also authorized the advertisement of an eminent domain public
hearing for the project. He further stated the project will
improve safety for the traveling public in the area. He
stated the county needs to acquire variable width right-of-
way, temporary and permanent construction easements,
permanent drainage easements as well as utility easements in
order to construct the project. He further stated the
county's right-of-way acquisition consultant has been
successful in acquiring right-of-way and easements from 31 of
the 32 property owners impacted by the project. He stated the
county's consultant has been unable to reach agreement with
one property owner and recommends eminent domain in order to
allow utility relocations to take place in advance of the
road improvement project.
Ms. Jaeckle 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. Elswick, the Board
authorized the exercise of eminent domain, including the
filing of certificate of deposit, for the acquisition of
right-of-way and easements for the Old Bermuda Hundred Road
(Old Stage Road to Route 10) Reconstruction Project for the
following property: Parcel ID 812651055300000 (400 Old
Bermuda Hundred Road.)
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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16.E. TO CONSIDER THE LEASING OF THE WATKINS ANNEX TO THE
LIFELONG LEARNING INSTITUTE
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider the leasing of the
Watkins Annex to the Lifelong Learning Institute. He further
stated since 2003, the Lifelong Learning Institute, sponsored
by the Virginia Center on Aging at Virginia Commonwealth
University, has operated out of the Watkins Annex to provide
lifelong learning opportunities for midlife and older adults.
He stated Schools has determined that they no longer have any
use for the building, and the School Board took action at its
June 12, 2018 meeting to transfer the building to the county
effective July 1, 2018. He further stated the county and
Lifelong Learning Institute desire to continue the program
currently in operation.
Ms. Jaeckle called for public comment.
Ms. Rachel Ramirez, Executive Director of the Lifelong
Learning Institute, expressed her appreciation to several
county and school staff members for their continued support.
There being no one else to speak to the issue, the public
hearing was closed.
Ms. Haley commended the efforts of the Lifelong Learning
Institute for its continued partnership and relationship with
the community.
Ms. Haley made a motion, seconded by Mr. Winslow, for the
Board to approve the leasing of the Watkins Annex to the
Lifelong Learning Institute in Chesterfield County VA Inc.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
16.F. TO CONSIDER THE CONVEYANCE OF AN OPEN -SPACE EASEMENT
TO THE VIRGINIA DEPARTMENT OF HISTORIC RESOURCE
Mr. Harmon stated this date and time has been advertised for
the Board to consider the conveyance of an open -space
easement to the Virginia Department of Historic Resource. He
further stated on November 15, 2017, the Board of Supervisors
approved a contract for the purchase of approximately 52
acres at the Ware Bottom Church Battlefield. He stated the
52 -acre parcel is adjacent to the existing 10 -acre Ware
Bottom Church Battlefield Park and preserves Civil War
earthworks, a unique piece of the county's history. He
further stated the purchase is contingent on receipt of a
grant from the American Battlefield Protection Program that
requires the conveyance of an Open -Space Easement to the
Virginia Department of Historic Resources.
Ms. Jaeckle called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
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Mr. Winslow made a motion, seconded by Mr. Elswick, for the
Board to authorize the Chairman of the Board of Supervisors
and County Administrator to execute an open -space easement
for the preservation of historic resources at the Ware Bottom
Church Battlefield.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
(W 1� 16.G. TO CONSIDER THE ABANDONMENT OF RIVER BOAT DRIVE
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider the abandonment of
River Board Drive. He further stated on May 23, 2018, the
Board authorized the posting and publishing of notices to
abandon River Boat Drive, State Route 7740, from the
Secondary System of State Highways. He stated the abandonment
is for the development of Meadowville Landing Subdivision. He
further stated this request has been reviewed by county
staff, the Virginia Department of Transportation, Comcast and
Verizon.
Ms. Jaeckle 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. Elswick, the Board
adopted the following resolution to abandon River Boat Drive,
State Route 7740:
WHEREAS, a sketch has been provided to the Board of
Supervisors of Chesterfield County depicting River Boat
Drive, State Route 7740, to be abandoned from the Secondary
System of State Highways; and,
Whereas, pursuant to a resolution of this Board, dated
May 23, 2018, the required notices of the County's intention
to abandon River Boat Drive, State Route 7740, from its
intersection with Anchor Landing Drive, State Route 7638, to
its terminus approximately 0.01 miles south of Anchor Landing
Drive, State Route 7638, identified as segment A -B on the
attached sketch, have been given in that: on May 24, 2018, a
notice was posted in at least three places along River Boat
Drive, State Route 7740, south of Anchor Landing Drive, State
Route 7638; and on June 13, 2018, and on June 20, 2018, a
notice was published in the Richmond Times -Dispatch having
general circulation within the County announcing this Public
Hearing to receive comments concerning the proposed
abandonment; and on May 25, 2018, notice was sent to the
Commissioner of Highways; and,
WHEREAS, after considering all evidence available, this
Board is satisfied that no public necessity exists for the
continuation of River Boat Drive, State Route 7740, segment
A -B, a distance of approximately 0.01 miles, since it serves
no public necessity and is no longer necessary as part of the
Secondary System of Highways.
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06/27/18
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby abandons the above
described segment of River Boat Drive, State Route 7740, and
removes it from the Secondary System of State Highways,
pursuant to Section 33.2-909, Code of Virginia, 1950, as
amended.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Chesterfield Residency
Administrator for the Virginia Department of Transportation
at 3301 Speeks Drive, Midlothian, VA 23112.
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors does hereby request that the Commissioner of
Highways certify, in writing, that River Boat Drive, State
Route 7740, south of Anchor Landing Drive, State Route 7638,
hereby abandoned is no longer necessary for uses of the
Secondary System of State Highways pursuant to Section 33.2-
913, Code of Virginia, 1950, as amended.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
16.H. TO CONSIDER AN ORDINANCE TO VACATE LOT 2, BLOCK B,
MASONDALE SUBDIVISION
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
vacate Lot 2, Block B, Masondale Subdivision. He further
stated Eric M. Miller and Mary A. Burger have submitted an
application requesting the vacation of Lot 2, Block B,
Masondale Subdivision. He stated the owners intend to combine
this parcel with other adjacent parcels they own by a parcel
modification. He further stated the Planning Department
requires this lot be vacated prior 'to recordation of the
parcel modification plat.
Ms. Jaeckle called for public comment.
Dr. Eric Miller urged the Board to approve the request.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE whereby the
CHESTERFIELD, VIRGINIA,
vacates to ERIC M. MILLER
BURGER, ("GRANTEE"), Lot
Masondale Subdivision,
Magisterial District,
County, Virginia, as shown
thereof duly recorded in
Office, Circuit Court,
County, Virginia in Plat Boo
119.
18-437
COUNTY OF
("GRANTOR")
and MARY A.
Block B,
MATOACA
Chesterfield
on a plat
the Clerk's
Chesterfield
9, at Page
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WHEREAS, ERIC M. MILLLER and MARY A BURGER, petitioned
the Board of Supervisors of Chesterfield County, Virginia to
vacate Lot 2, Block B, Masondale Subdivision, MATOACA
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 9, Page 119,
by E. O. Wilkerson, Surveyor, dated APRIL 30, 1956, recorded
JUNE 21, 1956. The lot petitioned to be vacated is more
fully described as follows:
Lot 2, Block B, Masondale 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 lot 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 lot 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 lot hereby vacated in the property
owners 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: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
16.I. TO CONSIDER THE CONVEYANCE OF AN EASEMENT TO VERIZON
VIRGINIA LLC AND A SIGN AND LANDSCAPING EASEMENT TO
WINDERMERE DEVELOPMENT CO., L.L.C. FOR THE WINDERMERE
DEVELOPMENT
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider the conveyance of
an easement to Verizon Virginia LLC and a sign and
landscaping easement to Windermere Development Co., L.L.C.
for the Windermere Development.
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Ms. Jaeckle called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Ms. Haley, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Verizon
Virginia LLC for a variable width underground easement and an
agreement with Windermere Development Co., L.L.C., for a
variable width sign and landscaping easement for the
Windermere Development.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
16.J. TO CONSIDER AUTHORIZING THE EXECUTION OF A DEED OF
LEASE BETWEEN THE COUNTY AND THE RICHMOND AREA ARC FOR
THE OPERATION OF CAMP BAKER
Ms. Snead stated this date and time has been advertised for a
public hearing for the Board to consider authorizing the
execution of a deed of lease between the county and the
Richmond Area ARC for the operation of Camp Baker. She
further stated ARC is in the process of making major capital
improvements at Camp Baker including a 10,000 -square foot
multipurpose programming building. She stated ARC's major
contributors to the project have made their financial
commitment conditioned on an extension of the lease term. She
noted the Deed of Lease would replace the existing lease,
provide for a term of 30 years and two automatic renewal
terms of five years each, and also clarifies the respective
responsibilities of ARC and the Management Board with regard
to operations and management of the facility.
Ms. Jaeckle called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
approved the execution of a Deed of Lease between the county
and ARC for the operation of Camp Baker.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
17. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining manufactured home permits and zoning
requests at this time.
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18. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Murtaza Khan made a suggestion regarding the direct or
indirect transaction of the Economic Development Authority
and Board of Supervisors on land purchases of more than $1
million.
19. ADJOURNMENT
On motion of Ms. Haley, seconded by Mr. Elswick, the Board
adjourned at 9:08 p.m. to July 25, 2018, at 3:00 p.m. for a
work session in Room 502 at the County Administration
Building.
Ayes: Jaeckle, Haley, Winslow, Holland and Elswick.
Nays: None.
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Casey Dorot A. J ckle
unty Administrator; Chairman
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