2019-06-26 MinutesBOARD OF SUPERVISORS
MINUTES
June 26, 2019
Supervisors in Attendance:
Ms. Leslie A. T. Haley, Chair
Mr. Stephen, A. Elswick, Vice Chair
Ms.,Dorothy A. Jaeckle
Mr. Christopher M. Winslow
Mr. James M. Holland
Dr. Joseph P. Casey
County Administrator
Ms. Haley called the meeting to order at 2:00 p.m.
1. APPROVAL OF MINUTES FOR MAY 22, 2019
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
approved the minutes,of May 22, 2019, as submitted.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
replaced Item 13.A.4., Appointments to the Community Criminal
Justice Board; replaced Item 13.A.6., Appointments to the
Economic Development Authority; and approved the Agenda, as
amended.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None. -
3. WORK SESSIONS
3.A. EVERYDAY EXCELLENCE - JUVENILE AND DOMESTIC RELATIONS
COURT CLERK
The. -Honorable Scott Landry, Chief Judge of the 12th Judicial
District, recognized -Ms. Laura Griffin, Clerk of- Court for
Juvenile and Domestic Relations, for attaining the ICM
Fellows Certification from the National Center for State
Courts' Institute for Court Management. He stated the Fellows
Program, is the highest and most demanding certification
available from the ICM. He further stated becoming an ICM
Fellow is a process of continual professional development
that enhances the knowledge, skills, and abilities of court
administrators while providing leadership instruction in
areas of functional responsibility associated with court
administration.
Board members commended Ms. Griffin for her tremendous
endeavors and accomplishments.
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Dr. Casey introduced Ms. Kelly Fried, who was recently named
the new executive director of Mental Health Support Services
and the Chesterfield Community Services Board.
3.B. FINANCIAL INDEPENDENCE IMPACT TEAM UPDATE
Ms. Kiva Rogers, Director of Social Services, -and Ms. Kelly
Fried provided an update to the Board of Supervisors
regarding the Financial Independence Impact Team- (FIIT). Ms.
Rogers stated. FIIT developed from an innovative approach to
evaluating and implementing some of the recommendations from
the Committee on the Future's, report, Promoting Future
Financial Independence for all Chesterfield Residents. ' She
stated FIIT's work has continued to be guided by the four
strategic areas of focus identified in the report. She
further stated these areas of focus were identified as 'key
building. blocks to consider on a pathway to creating
opportunities for financial independence,for all Chesterfield
citizens. She stated the poverty rate was'one of the factors
considered as the committee worked to identify proactive
strategic approaches to continue to build on the many
positive indicators of the county's high quality of life. She
then highlighted project scope and deliverables. 1,
Ms. Fried stated the committee had a very 'successful kick-off
meeting with the workgroups on June 10th. She`further.stated
it was a collaborative effort with the Virginia Credit Union
who provided meeting space and lunch for, over 50 participants
from the county, private partners and faith -based community
representatives. She stated when information was presented to
the Board of Supervisor's in September, it was indicated that
the committee was in the process of identifying
public/private partners and members from the faith -based
community. As previously requested, she stated John Tyler
Community College has been included as part of the team. In
addition, she stated there are plans to add CCHASM to the
Steering Committee as ,well.
Discussion ensued relative to the inclusion of John `Tyler
Community College and members from the faith -based community.
Ms. Fried stated the workgroups will begin evaluating the
strategies in the report 'in light of criteria such as how
well the strategies will work 'in the county, the available
resources, implementation timelines and the cost-
effectiveness of the strategy. - She further stated a few
examples shared in the report that will guide the next ,steps
for the workgroups include social capital; high -opportunity
communities; human capital and jobs; and financial
empowerment. She noted the Steering Committee will monitor
the measures of success or outcomes.
Mr. Winslow stressed the importance of providing access "to
banking and providing financial information and education to
residents.
In response to Mr. Holland's question, Ms. Rogers stated the
poverty rate was 6.7 -percent in 2017, released by the Small
Area Income and Poverty Estimate.
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3.C.. NORTH JEFFERSON DAVIS IMPLEMENTATION COMMITTEE UPDATE
Mr. Gib Sloan, member of the Planning Commission, accompanied
by Mr. Dan Cohen, Director of Community Enhancement, provided
an update to the Board of Supervisors regarding the North
Jefferson Davis Implementation Committee. Mr. Sloan stated
the committee is comprised of developers, citizens, and
county staff, who he thanked and commended for their efforts
relative to the plan. He then highlighted 2019 activities,
which included seven committee meetings; a market study and
site examination; the effect of the proposed park; the C -3/C-
5' Solution -Residential Overlay Ordinance; commercial code
enforcement; neighborhood cleanups; transportation
improvements; and the economic incentive -performance
agreement.
Ms. Jaeckle noted DLA Aviation recently celebrated the'
completion of their new operations center, located at the
Defense Supply'Center Richmond on Jefferson Davis Highway.
Mr. Cohen then highlighted FY2019 budget and expenditures.
Regarding the Route 1 Transit Demonstration Project, he
stated $2.5 million funding is anticipated; a local service
between Food Lion and John Tyler Community College with
approximately 9, stops, northbound) and southbound; and the
project is anticipated to start in spring of 2020. He noted
Route 1 improvement projects include the Marina Drive to
Elliham Avenue sidewalk; and bicycle and pedestrian
improvements from Food Lion to Falling Creek Wayside Park.
Mr. Issac Kwon, Project Manager with Urban Partners,
presented information relative _to the market analysis
findings. He highlighted various market analysis components,
specifically mixed-use environments such as housing, retail
and hotel. Regarding market opportunities, he stated the
study area can absorb 450 to 600 units of multi -family
development and 200 to 300 for -sale single family/townhomes
by 2025. iHe noted there is a sufficient demand for an
additional hotel in the study area by 2025.
Discussion ensued relative to the growth area attracting
customers for goods and services that are in short supply in
both the near 4.5 -mile trade area as well as the larger 6 -
mile trade area.
Mr. Kwon continued his presentation by highlighting
alternative development schemes and catalytic sites..
Discussion ensued relative to Falling Creek Apartments.
Mr. Kwon then reviewed key implementation strategies,
specifically revitalization organization for North Jefferson
Davis Highway; a non-profit, public-private partnership;
represented by business community, neighborhood associations,
property owners, and individual residents that live or work
along the North Jefferson Davis Corridor. He stated the
primary purpose is to advocate for continued revitalization
of the corridor by working with public and private entities
to bring economic development. Regarding an opportunity zone
strategy to educate community stakeholders; to build close
relationship with DHCD; to identify specific projects within
OZ that are ripe for equity investment; develop online,maps,
showcase projects prominently; and distribute marketing
materials to regional and national OZ funds; single-family
homes: public assistance in acquisition and site preparation;
,retail/restaurants: encourage and recruit independent
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businesses or local operators; and continue installation of
pedestrian -scale, streetscape improvements. He then reviewed
the project budget for the James River Conservation Area and
Falling Creek Linear Park, as well as the implant analysis.
Discussion ensued relative to industry output and economic
impact.
Mr. Kwon continued his presentation by, highlighting increased
property values (halo effect) and county property tax revenue
increases. In closing, he reviewed the total "halo effect"
from county park improvements along Falling Creek .and James
River Conservation Area.
In response to Mr. Elswick's question, Mr. Kwon stated
Falling Creek Linear Park would create additional indirect
and induced economic output resulting from the_ county's
future investments.
Discussion ensued relative to the vision of, the area and
future investments, specifically industry output; employment;
property value increase; and real estate tax benefits.
Mr. Cohen then reviewed the allowance of RMF and RTH uses in
C -3/C-5 along the northern Route 1 corridor by right, with
potential restrictions. Regarding the performance agreement,
he stated the agreement is restricted to several target areas
including Route 1 and Willis Road, Routed and 288, and Route
1 and State Route 150. He further stated a $5 million
investment is under consideration and consistent with the
land use plan for the area. He noted a 10 -year benefit period
where real estate taxes above the current base' is granted
back and a policy to sunset at two-year anniversary in order
to evaluate for effectiveness and, theoretically, reward
early movers. He stated the agreement will be administered
through the Economic Development Authority alongside other
performance grant programs. In closing, he reviewed
information regarding the Columbia Pike Revitalization
Organization and their efforts to champion and, connect
businesses and community along Columbia Pike.
Discussion ensued relative to opportunities to support and
provide direction for a wide variety of revitalization
initiatives, such as walkability, residential connectivity
and the. development of new -mixed use developments that aim to
improve the Jefferson Davis corridor.
-3.D. 2019 GENERAL ASSEMBLY LEGISLATION
Mr. Jeff Mincks, County Attorney, stated after each General
Assembly session, staff identifies changes in state law: (1)
which legally require the Board to adopt a change to ..the
County Code; (2) on which the Board can choose to take, or
not take, action, and 3) on which no action is required' but
which may be of interest to the Board. He noted mandatory
changes requiring Board action pertaining to amending the
County Code to add provisions relating to dogs running at
large in packs. He stated staff recommends that the Board..s,et
a public hearing to enact these mandatory ordinance
amendments and related penalty provisions. He then reviewed
optional changes permitting Board action which, include
amending the County Code to provide for certified mail as an
additional means to provide notice of written order from the
Director of Planning in a zoning matter; amending the
county's especial land use assessment ordinance to provide
that the annual increase in the assessed values of eligible
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property shall not exceed a specified dollar amount; and to
amend,the County Code to establish a new ordinance regulating
motorized scooters and/or skateboards for hire. He then
highlighted legislation of interest to the county. _
Discussion ensued relative to legislation requiring all local
elected officials to receive training on the provisions of
the State and Local Government Conflict of Interests Act at
lease once every two years.
Board members concurred with staff's recommendation for the
following change requiring Board action:
Set a public hearing for July 24, 2019, for the Board to
consider amending the County Code to add provisions relating
to dogs running at large in packs.
The Board concurred with staff's recommendation to refer to
the Planning Commission an amendment to the County Code to
provide for certified mail as an additional means to provide
notice of a'written order from the Director of Planning in a
zoning matter.
The Board concurred with staff's recommendation to take no
action on the following:
1) amending the ' county's special land use assessment
ordinance to provide that the annual increase in the assessed
value of eligible property shall not exceed a specified
dollar amount; and 2) amending the County Code to establish a
new ordinance regulating motorized scooters and/or
skateboards for hire.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
3.E. FINANCE UPDATE
Ms. Meghan Coates, Director of Budget and Management,, joined
by Mr. Matt- Harris, Deputy County Administrator, provided an
update to the Board of Supervisors. regarding various Board
actions on - today's agenda. Ms. Coates began by reviewing the
Key Financial Indicators Report, specifically the Auditor of
Public Accounts analysis and national economic update.
Regarding county FY2019 year-end adjustments and reserve
requests, she stated FY2019 projections forecast a positive
net, year-end position of 4:2 percent - based on strong
revenue activity. However, she stated approximately $12.4
million of that excess revenue was intentionally un budgeted as
its use is restricted and the funds are reserved at year-end
for specific future uses (examples: BPOL, CDAs, occupancy
taxes). She further stated staff is also recommending that
approximately $10.8 million be assigned to help ensure
adequate balances in Unassigned Fund Balance, the Reserve for
Capital Projects, and to repay debt early - practices that
have historically been cited as credit strengths in rating
agency reviews. She then highlighted School's FY2019 year-end
adjustments and reserve requests by stating the division is
projecting to carry forward/reserve funds for a variety of
uses, in addition, the year-end memo requests a handful of
revenue and, expenditure appropriation adjustments, ',primarily
dealing with the appropriation of Chrome Book lease proceeds
and changes in Federal and State revenues. She further stated
the largest contributor to the school expenditure savings -
which, is projected to total approximately $8.3 million -
continues to be personnel line items, primarily salary savings
.(related to turnover and a lag in hiring) and the associated
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benefit costs. She stated the operating savings from FY2019
are recommended to be reinvested or reserved to address a
variety of school division needs, including several uses that
were planned for during the FY2020 budget process. She further
stated the bus reserve is the final year of a multi-year plan
to position the division's fleet on a more manageable
replacement schedule.
Discussion ensued relative to concerns regarding the
expiration of the bus lease contract, replacement of current
buses, mitigation of overtime wages for bus drivers., and data
relative to the Key Financial Indicators Report.
Ms. Coates and Mr. Harris then summarized two items on today's
Consent Agenda regarding the adoption of two: resolutions
authorizing the issuance of approximately $78.4 million of.
2013 referendum approved general obligation public improvement
bonds and $51 million in EDA public facility revenue bonds to
fund approved capital improvement projects'. Ms. Coates also
announced the county's triple -AAA bond rating reaffirmation.
Ms. Jaeckle requested a future work session regardingan
update of the public safety communications system and
discussion ensued relative to recent developments regarding
the county's public safety communications system.
Ms. Coates then 'summarized an. item on the agenda to increase
certain public safety salaries. She stated after an in-depth
analysis of regional public safety starting salaries, staff
is recommending an increase in starting pay for police,
officers, and firefighter recruits to aid in' recruitment and
retention efforts. She further- stated the proposal would keep
the starting salary for Police Recruits intact at the current
amount, $44,289; however,, after the employee completes' the
11 -month recruit and field training program, the officer
would then receive an approximate $2,700 salary increase. She
stated the Police Department has)had success utilizing a one-
time bonus program as a recruitment tool and plans to
continue that program for future recruit classes. She further
stated as the Fire Department plans to implement a pre -cert
academy this fall to assist -in filling its vacancies, 'the
department also plans to pilot a bonus program, structured
similarly to the police department as a recruitment tool for
that specific population.
Discussion ensued relative
accommodate budget amendments
as well as continuation of
classes.
to additional funding to
to address salary adjustments,
programs .for future recruit
Mr. Harris then summarized various items on the agenda which
include adoption of a resolution approving the Richmond
Metropolitan, Transportation Authority's (RMTA) issuance of
the RMTA_bond, and staff's request to set a public hearing to
consider adoption of an ordinance establishing, a capital
maintenance fee at the Chesterfield County Airport to fund a
portion of construction costs associated with the fuel farm
replacement project and provide, funding for ongoing capital
projects and major maintenance costs.
Discussion ensued relative to a report of the entire
Chesterfield County Airport, as well as an external audit ' of
fixed -based operator procedures.
Mr. Harris -then briefly highlighted the Schools' purchasing
status report and the updated investment report which is
currently underway and reflects May activities. He also
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summarized an item on the agenda- for the Board to approve a
grant agreement with -Shamin Hotels, Inc. He stated in
consideration of a grant from the county and the EDA, Shamin
Hotels, Inc. has agreed to invest at least $30 million at
Stonebridge to.construct a mixed-use development. He noted in
exchange for building a .full-service hotel and conference
center at the former Cloverleaf site, the county has agreed
to refund the taxes generated by the project to help cover
the construction costs. He also stressed the importance of
sports tourism generated dollars in economic activity and
local tax revenue annually.
In response to Mr. Winslow's question, Mr. Harris stated the
absolute worst-case scenario that Shamin does not build the
hotel, and conference center, the county's lone investment
would be in the funding for road improvements.
Discussion ensued relative
expansion of the Stonebridge
infrastructure projects, and
reputation,
to future investments and
development and other county
Shamin Hotel's successful
Mr. Harris noted the grant agreement will also pay annually,
subject to non -appropriation, a grant associated with the
construction of retail, residential, or entertainment
development at Stonebridge. He stated that part of the grant
will be based on the real estate and sales taxes, generated
from such properties and decline over a 10 -year period as
follows: 80 percent of such tax revenue for years 1-7 after
certificates of occupancy; 60 percent for year 8; 40 percent
for year 9; and 20 percent for year 10.
Discussion ensued relative to the importance of economic
impact of tourism for Chesterfield County.
In response to Mr. Elswick's question, Mr. Harris stated
staff does not utilize the IMPLAN model to evaluate indirect
economic impacts; rather, decisions are made based on
revenues generated directly from development.
Discussion ensued relative to hotel occupancy and sales tax
revenues generated by Shamin,properties and the investment of
--/the full-service hotel and conference center.
3.F. SIGN ORDINANCE PREVIEW
Mr. Andy Gillies, Planning Director, reviewed the proposed
ordinance relating to sign standards. He stated the proposed
ordinance would, among other things allow EMC signs, as a
restricted use. He further stated if the restrictions cannot
be met, it would be necessary to obtain a Conditional Use
approval from the Board. He stated the proposed ordinance
would allow certain outdoor advertising signs and establish
standards by which they may be permitted. He noted among the
proposed limitations are number, size, height, separation,
location and design. He stated the proposal would limit
outdoor advertising locations to designated Sign`-
Modernization Areas (SMA). In addition, he stated
nonconforming signs within an SMA may be modified if meeting
ordinance requirements.
In response to Ms. Jaeckle's question, Mr. Gillies requested
the inclusion of pictures of allowable signs in the
PowerPoint presentation for the public hearing related to
sign standards.
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4. REPORTS
4.A. QUARTERLY KEY FINANCIAL INDICATORS REPORT
The Board accepted the Quarterly Key Financial Indicators
Report.
Mr. Holland inquired about the timeframe the report covers
and suggested noting significant changes in the future.
5. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
6. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(5), CODE
OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS OR CONSIDER
PROSPECTIVE BUSINESSES OR INDUSTRIES OR THE EXPANSION OF
EXISTING BUSINESSES OR INDUSTRIES WHERE NO PREVIOUS
ANNOUNCEMENT HAS BEEN MADE OF THE BUSINESSES' OR '
INDUSTRIES' INTEREST IN LOCATING OR EXPANDING THEIR
FACILITIES IN THE COMMUNITY
On motion of Mr. Winslow, seconded by Mr. Elswick, the Board
went into closed session pursuant to Section 2.2-3711(A)(5),
Code of Virginia, 1950, as amended, to discuss or consider
prospective businesses or industries or the expansion of
existing businesses or industries where no previous
announcement has been made of the businesses' or industries'
interest in located or expanding their facilities in the
community..
Ayes: Haley, ,Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Reconvening:
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed( Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July. 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in Closed Session to which
this certification applies, and ii) only such business
matters were identified in the motion by which the Closed
Session was convened were heard, discussed or considered by
the Board. No member dissents from this certification.
Ms. Jaeckle Aye.
Mr. Holland Aye.
Mr. Winslow Aye.
Mr. Elswick Aye.
Ms. Haley Aye.
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J
7. RECESS
On motion of Mr.'Winslow, seconded by Mr. Holland, the Board
recessed for dinner.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Reconvening:
8. INVOCATION
The Honorable Dorothy Jaeckle, Bermuda District Supervisor
gave the invocation.
�9. PLEDGE OF ALLEGIANCE
Eagle Scout Aiden Hazelrigg led the Pledge of Allegiance to
the Flag of the United States of America.
10. COUNTY ADMINISTRATION UPDATE
10.A. RICHMOND INTERNATIONAL AIRPORT UPDATE
Mr. Troy Bell, representing the Richmond International
Airport (RIC), provided an update to the Board of Supervisors
regarding continued record growth and other activities -at -the
Richmond International Airport. He stated seven major
airlines offer nonstop flights to major domestic destinations
and connecting options to points around the world. He further
stated the activities of RIC and its tenants create nearly
16,000 jobs and contribute $2.1 billion in economic activity
annually to the Richmond region, according to the Virginia
Department of Aviation. He noted in 2018, the airport
welcomed more than four million passengers. He then reviewed
Richmond's top 10 domestic and international origin and
destination marks, potential service to the west coast, and
infrastructure improvements to accommodate future gate
demand.
Mr. Holland and Dr. Casey expressed their enthusiasm and
appreciation for Mr. Bell's informative presentation
regarding the airport's operation and economic development.
10.B. OTHER COUNTY ADMINISTRATION UPDATES
Mr. Clay Bowles, Director of General Services, joined by
Sergeant First Class Reggie Burkhardt, informed the Board of
Supervisors of the department's participation in the ICMA
Veterans Local Government Management Fellowship. He stated
the program is a 16 -to 20 -week Department of Defense Military
Installation approved Career Skills Program that provides
transitioning service members with management training and
hands-on experience in the local government environment with
the goal of preparing them for smooth transitions into local
government careers.
Mr. James Worsley, Director of Parks and Recreation, shared
some recent accolades earned by the department with the Board
of Supervisors. He stated the Chesterfield County Parks -and
Recreation Department was recently honored by the National
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Association of County Park and Recreation Officials with
'three awards: Environmental/ Conservation Award - James River
Conservation Area; Parks and Recreation Program Award -
Grandparent/Grandchild Summer Camp; and the 'Trails .-and
Corridors Award - Relic River Boardwalk at the Dutch Gap.
Conservation Area. Ms. Jaeckle was also recognized for
receiving the Outstanding Public Official Award.
Ms. Jaeckle expressed her appreciation for the special honor
and recognition.
Dr. Casey announced Chesterfield County Fire and EMS Chief
Edward "Loy" Senter, Jr. was elected as a board member for
the Metropolitan Fire Chiefs Association. He stated he will
advance through the association's -officer positions and serve_
a one --year term as president of the organization.
Regarding the recent shooting in Virginia Beach, Dr. Casey
noted he has been in touch with the county's public safety,
mental health and local leaders, and continues discussion
with peers in the region and Hampton Roads regarding those
impacted by the tragedy.
11. BOARD MEMBER REPORTS
Mr. Winslow announced he attended the Rockwood Park Early
Learning Trail ribbon cutting on June 14th.
Mr. Holland announced he attended and provided remark's at the
Meadowbrook High School and L.C. Bird High School Graduations
on June 6th. He stressed the importance of workforce
development and summer career opportunities for youth. He.
also thanked Community Enhancement staff for their efforts
relative to cleanups in the Meadowbrook area and announced
future upcoming developments in the Dale District.
Ms. Jaeckle announced DLA Aviation recently celebrated the
completion of Phase One of their new operations center,
located at the Defense Supply Center Richmond on Jefferson
Davis Highway in Chesterfield. She also announced _she
attended the Chester Arts Center Groundbreaking Ceremony on
June 2 4 th
Ms. Haley announced the recent rollout of the draft
Midlothian Special Area Plan which calls for creating a
dense, pedestrian -friendly village. She stated county staff
presented the plan at community meetings on June 24th and
25th.
12. RESOLUTIONS
12.A. RECOGNIZING THE.2019 SENIOR VOLUNTEER HALL OF FAME'
INDUCTEES
Ms. Debbie Preston introduced Mr. William Bishop, Ms. Joann
Carter and Mr. Phillip "Ray" Guin, 'who were present to
receive the resolution.
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adopted the following resolution:
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WHEREAS, volunteering is a powerful force for the
solution of human problems, and the creative use of human
resources. is essential to a healthy, productive and humane
society; and
WHEREAS, our nation's heritage is based on citizen
involvement and citizen participation, and volunteerism is of
enormous benefit in building a better community and a better
sense of one's own wellbeing; and
WHEREAS, the active involvement of citizens is needed
today more than ever to combat growing human and social
problems, ,to renew our belief that these problems can be
solved and to strengthen our sense of community; and
WHEREAS, volunteering offers all, young and old, the
opportunity to participate in the life of their community and
to, link their talents and resources to address some of the
major issues facing our counties, such as education, hunger,
the needs of youths, and the needs of our elderly; and
WHEREAS, agencies that benefit from volunteers should
show their appreciation and recognition to the many
volunteers who possess numerous skills and talents, which
they generously and enthusiastically apply to a variety of
community tasks, and encourage others to participate in
programs as volunteers; and
WHEREAS, ten adults in Chesterfield County, aged 60 -
plus, have donated 42,349 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 26th day of June 2019,
publicly recognizes Mr. William Bishop, Ms. JoAnn Carter and
Mr. Phillip Guin, who were selected among the ten and were
inducted into the Chesterfield Senior Volunteer Hall of Fame
on May 15, 2019, 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 Mr. Bishop, Ms. Carter and Mr.
Guin, and this resolution be permanently recorded among the.
papers of this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: Haley, Elswick, Jaeckle, Winslow and -Holland.
Nays: None.
Ms. Haley, Ms. Jaeckle and Mr. Winslow presented the executed
resolutions to Mr. Bishop, Ms. Carter and Mr. Guin and
expressed, appreciation for their volunteer service and
dedication to Chesterfield County.
12.B. RECOGNIZING PARTICIPANTS IN THE SPRING 2019
GOVERNMENT CITIZENS ACADEMY
Ms. Chris Ruth, Assistant Director of Citizen Information and
Resources, stated the spring Government Citizens Academy
provides a hands-on learning opportunity where citizens may
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increase their knowledge and engagement in county government
and ask questions and provide feedback about how they think
the county is doing. She further stated through interactive
sessions and tours of facilities, residents get a
comprehensive look at how and why programs and services are
provided.
Ms. Vera Rhyne, a member of the spring 2019 academy class,
addressed the Board of Supervisors to give her perspective on
what she and her classmates learned over the course of the
academy.
Ms. Ruth then recognized the following participants of the
2019 spring Government Citizens Academy and presented them
with certificates of'completion:
Mr. Bill Bishop
'Ms. Janet Bishop
Ms. Elaine Blackmon
Mr. Jack Blackmon
Mr. James Carr
Ms. Adeline Clarke
Ms. Gwen Epps
Ms. Elizabeth Florek
Mr. Brian Garbera
Ms. Diana Garbera
Ms. Sherrie Johnson
Ms. Jeannine McConnell
Ms. Caroline Moses
Ms. Andrea Peeks
Ms. Vera Rhyne
Ms. Tammy Ridout
Ms. Andrea Smith Price
Ms. Elizabeth Stiles
Ms. Karla Viar
(It is noted that Ms. Sabrina Adams, Ms. Charlene Brinson and
Ms. Theresa Lewis who were not in attendance.)
Ms. .Haley and Mr. Holland expressed their appreciation to the
participants of the spring 2019 Government Citizens Academy
for their interest, involvement, and engagement in the
program.
12.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
Ms. Susan Pollard introduced Mr. Chayton William Altice', Mr.
John Harrison Maloy, and Mr. Aiden Reece Hazelrigg, who were
present to receive the resolution.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; -and r
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
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WHEREAS, after earning at least 21 merit badges in a
wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, 'and
living up to the Scout Oath and Law, Mr. Chayton William
Altice, Mr. John Harrison Maloy and Mr. Aiden Reece
Hazelrigg, all of Troop 897, sponsored by Mt. Pisgah United
Methodist Church, have accomplished those high standards of
commitment and have reached the long -sought goal of Eagle
Scout, which is received by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for a role as leaders in
society, Chayton, , Jack and Aiden have distinguished
themselves as members of a new generation of prepared young
citizens.of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board -of Supervisors, this 26th ,day. of June 2019,
publicly. recognizes Mr. Chayton William Altice, M"r., John
Harrison Maloy and Mr. Aiden Reece Hazelrigg, extends
congratulations on their attainment of Eagle Scout, and
acknowledges the good fortune of the county to 'have such
outstanding young men as its citizens.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Ms. Haley presented the executed resolutions and patches to
Mr. Altice, Mr. Maloy and Mr. Hazelrigg, accompanied by
members of their families, congratulated them on their
outstanding achievements, and wished them well in future
endeavors.
Mr. Altice, Mr. Maloy and Mr. Hazelrigg provided details of
their Eagle Scout project and expressed appreciation to their
parents and others for their support.
12.D. RECOGNIZING MR. STEVEN L. MICAS FOR HIS SERVICE AS A
MEMBER OF THE HEALTH CENTER COMMISSION
Mr. Derrick Kendall, Chief Operations Officer, at Lucy Corr
Village, introduced Mr. Steven L. Micas, who was present to
receive the resolution.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Mr. Steven L. Micas has served as a volunteer
representative on the Chesterfield County Health Center
Commission for two consecutive four-year terms beginning from
July 1, 2011 until June 30, 2019, serving with devotion and
integrity admired by all; and
WHEREAS, during Mr. Micas' tenure, he provided guidance
to the many committees on which he served, including the
Human Resources, Finance, and Strategic Planning Committees;
and .
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WHEREAS, Mr. Micas drew on his vast legal knowledge and
distinguished career as a local government attorney with both
Chesterfield and Prince George counties to guide the
Commission through various civil matters; and
WHEREAS, Mr. Micas brought to the Commission a strong
sense of discipline and focus through his high standards of
professional ethics and personal integrity; and
WHEREAS, Mr. Micas' faith and family experiences brought
to the Commission a personal perspective regarding' daily
operations and the allocation of resources necessary to
ensure the provision of compassionate care to Lucy Corr
residents; and
WHEREAS, Mr. Micas worked tirelessly to support the Lucy
Corr mission, vision and values; and
WHEREAS, Mr. Micas has shown such an unwavering and
selfless commitment to serve that it has brought recognition
and credit not only to himself, but also to Chesterfield
County, the Chesterfield County Health Center Commission and
Lucy Corr.
NOW THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors and the Chesterfield County
Health Center Commission, this 26th day of June 2019 publicly
recognize the outstanding contributions of Mr. Steven L.
Micas and extend, on behalf of their members, Lucy Corr, and
the citizens of Chesterfield County, their .sincere
appreciation for his service and dedication to improving the
quality of life to those we serve.
AND, BE IT FURTHER RESOLVED that a copy of the
resolution be presented to Mr. Micas and that this resolution
be permanently recorded among the papers of the Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Ms. Haley presented the executed resolution to Mr. Micas,
commended his outstanding contributions, andexpressed
appreciation for his service and dedication to improving the
quality of life, for Lucy Corr residents.
Mr. Micas thanked the Board for the special recognition and
kind sentiments.
12.E. RECOGNIZING MS. SHERRY J. SWANSON, TREASURER'S
OFFICE, UPON HER RETIREMENT
Mr. Carey Adams introduced Ms. Sherry J. ,Swanson, who was
present to receive the resolution.
On motion of Mr. Winslow, seconded by Mr. Elswick, the
following resolution was adopted:
WHEREAS, Mrs. Sherry J. Swanson began her career with
Chesterfield County in October 1985 as a part-time clerical
aide under Treasurer Mary Arline McGuire, and through hard
work and determination, Mrs. Swanson was promoted seven times
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during her tenure and was appointed Deputy Treasurer in
January 2004 by Treasurer Richard A. Cordle; and
WHEREAS, Mrs. Swanson understood the value of education
and self-improvement;. she completed the county's Supervisory
Institute in 2000, achieved the certification of Master
Governmental Deputy Treasurer in November 2005 from the
University of Virginia, and completed the Human Resource
Management Certification requirements in August 2009; and
WHEREAS, Mrs. Swanson served on several system
implementation teams during her tenure which included the
Taxation Management System project in which she played a
leading role in the testing and launch of the Cash Receipts,
Real Estate, and Personal 'Property Tax modules.of the system
within a 15 -month period, and was a major reason for their
resounding successes; and
WHEREAS, as the manager of the Treasurer's customer
service operations, Mrs. Swanson maintained a consistent
focus on the quality of service provided to our customers and
lead by example;' she was a vital team member in several
initiatives that enhanced the level of customer service
provided to our citizens, including acceptance of debit and
credit cards online and over the telephone, the combination
of personal property tax and vehicle decal billings, the
elimination of vehicle decals, and the implementation of
registration fees, dog license compliance letters, Postal
Service. Intelligent Mail Barcodes, Client Decisioning Module
enhancements, direct debit payment service enhancements, an
online and telephonic tax payment portal, and electronic
billing for large companies; and
WHEREAS, Mrs. Swanson was passionate about customer
service and- treated customers with respect, dignity, and
fairness; she received numerous commendations from citizens
about the excellent service provided; and
WHEREAS, Mrs. Swanson was well-respected and liked by
her peers and subordinates and received the highest
recognition as the Treasurer's Office Employee of the Year in
1996; and
WHEREAS,, Mrs. Swanson was a wise steward of the
taxpayers' money and frugally managed the office budget,
saving the county thousands of dollars through her
commendable efforts; and
WHEREAS, Mrs. Swanson will be sorely missed for her
contributions to excellence in customer service, process
improvement, automation, innovation, and her devotion and
dedication to serving our citizens.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of June 2019,
publicly recognizes Mrs. Sherry J. Swanson for her 33 years
of exemplary service to the residents of Chesterfield County,
and conveys to Mrs. Swanson best wishes for a long, happy,
healthy, and fulfilling retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mrs. Swanson, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Haley, Elswick, Jaeckle; Winslow and -Holland.
Nays: None.
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Ms. Haley presented the executed resolution to Mrs. Swanson,
accompanied by members of her family, expressed appreciation
for her valuable service and contributions to the county, and
wished her a happy retirement.
Mrs. Swanson thanked the Board of Supervisors for the special
recognition and kind sentiments.
Dr. Casey presented Mrs. Swanson with an acrylic statue and
county watch, expressed appreciation for her exceptional and
faithful service to the county and wished her well in her
retirement.
A standing ovation followed.
13. NEW BUSINESS
13.A. APPOINTMENTS
13.A.1. JOHN TYLER COMMUNITY COLLEGE LOCAL BOARD
On motion of Ms. Jaeckle,' seconded by Mr. Winslow, the Board
nominated/reappointed Mr. Aubrey Lindsey and Dr. Joseph Tylus
to serve on the John Tyler Community College Local Board,
whose terms are effective July 1, 2019, and will expire June
30, 2023.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland. -
Nays: None.
13.A.2. SENIOR CONNECTIONS BOARD
On, motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
nominated/ reappointed Ms. Sarah Snead to serve on the Senior
Connections Board, whose term is effective July 1, 2019, and
will expire June 30, 2022.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.A.3. PRESERVATION COMMITTEE
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
nominated/ appointed Mr. Richard "Scott" Williams to serve on
the Preservation Committee, whose term is effective June 26,
2019, and will expire on March 8, 2020.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.A.4. COMMUNITY CRIMINAL JUSTICE BOARD
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
nominated/appointed/ reappointed the following individuals to
serve on the Community Criminal Justice Board, whose terms
are effective July 1, 2019, and will expire June 30, 2021:
The Honorable Scott Miles
The Honorable Matthew D. Nelson
The Honorable Jayne A. Pemberton
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Mr. Daniel J. Holser
Mr. Michael Sorensen
Mr. William E. Feasenmyer
The Honorable Alfred Gray Collins, III
Sheriff Karl Leonard
Ms. Kelly Fried
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland._
Nays: None.
13.A.5. HEALTH CENTER COMMISSION
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
nominated/reappointed Mr. Charles Witthoefft, Dr. Joseph
James and Ms.- Katie McCullough to serve as At -Large
Commissioners on the Health Center Commission, whose terms
are effective July 1, 2019 and will expire June 30, 2023.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.A.6. ECONOMIC DEVELOPMENT AUTHORITY
On motion of Ms. Jaeckle, seconded by Mr. Elswick,--the Board
nominated/appointed Ms. Terri Beirne, .Mr. Art Heinz and Mr.
Steve Micas to serve as members of the Economic Development
Authority. Ms. ,Terri BeirneIs and Mr. Art Heinz's terms are
effective July' 1, 2019, and will expire June 30, 2023, and
Mr. Steven L. Micas' ,term is effective August 1, 2019, and
will expire June 30, 2023.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Mr. Holland stressed the importance of appointing Certified
Public Accountants 'to serve on critical boards considering
multimillion -dollar projects.
Discussion ensued relative to balance and skills brought by
members who serve on county boards and commissions.
13.B. CONSENT ITEMS
13.B.1. ADOPTION OF RESOLUTIONS
13.B.1.a. ' RECOGNIZING'DOMINION ENERGY'S CHESTERFIELD POWER
STATIOY FOR SEVENTY-FIVE YEARS OF PROVIDING
ELECTRICAL POWER TO CHESTERFIELD COUNTY RESIDENTS
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Dominion Energy's Chesterfield Power Station
will celebrate its platinum jubilee on July 31, 2019; and
WHEREAS, the power station has provided andreontinues to
provide reliable, safe, and affordable electrical power to
the citizens of Chesterfield County and the Commonwealth of
Virginia for many decades; and
WHEREAS, Dominion Energy, then known as Virginia
Electric. Power Company, started construction of the
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Chesterfield Power Station in 1942 at the request of the
United States War -Production Board and produced its first
electricity in 1944 to help support the home front during
World War II; and
WHEREAS, over its 75 -year life, Chesterfield, Power
Station has become one of the largest power stations in the
Commonwealth of Virginia, capable of supplying the peak
electrical needs of -.more than 350,000 homes; and
WHEREAS, the power station employs approximately 200
full time employees, who have donated countless volunteer
hours in the community; and
WHEREAS, the power station has been a leader in the
energy industry by investing over $1 billion in environmental
improvements over the last 15 years; and
WHEREAS, beginning in the early 1990s, the station has
been a pioneer in the development and use of energy-efficient,
combined cycle technology powered by lower emissions natural.
gas, a technology that recycles large amounts of waste heat.
into the production of additional supplies of electricity.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the Chesterfield Power
Station on this significant achievement and commends its
'contributions to the energy and economic life of our
community and the Commonwealth.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays:- None.
13.B.1.b. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
13.B.l.b.l. MRS. JOANNE PARM, COMMISSIONER OF THE REVENUE'S
OFFICE
1
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Mrs. Joanne Parm retired from the Office of the
Commissioner of the Revenue on June 1, 20i9; and
WHEREAS, Mrs., Parm began her public service" with the
county as a Customer Service Representative in the Office -of
the Commissioner'of the Revenue on November 30, 1987, and her
exemplary performance resulted in a promotion to Customer
Service Supervisor.in May 1996; and
.WHEREAS, while Mrs. Parm was employed with the county,
she earned an Associate Degree in Business Management from
John Tyler Community College in 1999, graduating Summa Cum
Laude; and
WHEREAS, after earning her degree, Mrs. Parm was
promoted to Tax Assessment Supervisor in June ,1999, and then
to Business Tax Assessment Supervisor in December 2017; and
WHEREAS, through her strong work ethic, knowledge, and
dedication, Mrs. Parm progressed within her 'career,
demonstrating her commitment to improvement impart by taking
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all relevant career development courses, earning .her Master
Deputy Commissioner certification in July 2007; and
WHEREAS, Mrs. Parra is a member of the Virginia
Association of Local Tax Auditors and the Commissioner of the
Revenue Association; and
WHEREAS, Mrs. Parm was always willing to generously
share her knowledge and experience with others, and she has a
rare sense of duty and ethics regarding her co-workers and
the citizens of Chesterfield County; and
WHEREAS, Mrs. Parra has been a dedicated and faithful
employee of Chesterfield County's Commissioner of the Revenue
for 31 years, and she will be missed by her co-workers for
her work ethic, honesty, integrity and caring attitude; and '
WHEREAS, Mrs. Parm worked tirelessly, determined to
complete tasks quickly and accurately, and she displayed a
helpful and understanding attitude toward her. customers,
often going out .of her way to help those in need and
remaining available to assist her co-workers despite a heavy
workload; and
WHEREAS, Mrs. Parm will be fondly remembered for her.
pleasant personality and charitable ways; may God bless her
with many more years filled with enriching the lives of
others; and
WHEREAS, more than anything else, Mrs. Parm has been a
loyal friend to many, a dedicated servant with a generous
spirit and strong values, and she will be sorely missed.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Mrs. Joanne Parm to the citizens and administration of
Chesterfield County and extends appreciation for her
commitment to the county, congratulations upon her retirement
and best wishes for a long and happy retirement.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.1.b.2. MS. ROSA HARRIS, SOCIAL SERVICES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Ms. Rosa Harris began her career in public
service on January 3, 1994, with the Chesterfield -Colonial
Heights Department of Social Services; and
WHEREAS, in her role as a Principal Clerical Aide and
member of- the Benefit Programs Division, Ms. Harris
coordinated the timely and accurate issuance -sof Supplemental
Nutrition Assistance Program benefits to customers, various
statistical reports, and assisted with mailroom duties as
needed; and
WHEREAS, Ms. Harris was promoted to Eligibility Worker
on June 1, 1999, helping individuals and families by
determining eligibility for Supplemental Nutrition Assistance
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Program (SNAP), Medical Assistance and Temporary Assistance
for Needy Families (TANF), and she would refer customers to
services across the county and state to address emergent
needs; and
WHEREAS, Ms. Harris played an integral role in
supporting the department's success during the conversion
from paper food assistance coupons to electronic benefits, as
well as assisted countless citizens during disaster relief
efforts following Hurricane Isabel in 2003; and
WHEREAS, throughout her career, Ms. Harris has been a
dedicated and committed employee whose efforts have aided the
department in meeting the needs of the citizens of
Chesterfield County and the City of Colonial Heights.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Ms. Rosa Harris, expresses the appreciation
of all residents for her service to the county and
congratulates her upon her retirement.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.1.b.3. MR. SPENCER T. HANCOCK III, UTILITIES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Mr. Spencer T. Hancock III Hancock will retire
from the Chesterfield County Utilities Department on July 1,
2019; and
WHEREAS, Mr. Hancock began his public service career
with Chesterfield County on August 20, 2001, when he was
hired by the Chesterfield County Utilities Department as a
Utility Worker; and
WHEREAS, Mr. Hancock earned the highest level of
certifications for wastewater operators and wa's promoted to
Principal Plant Operator on December 2, 2006, where he served
faithfully in that position until retirement; and
WHEREAS, Mr. Hancock supported the department's role of
being a responsible protector of the environment by'providing
wastewater treatment that is safe, reliable, and
environmentally sound; and
WHEREAS, Mr. Hancock's daily efforts contributed to the
department being recognized by the wastewater industry
through numerous awards associated with the operation and
maintenance of Chesterfield County's wastewater treatment
facilities; and
. WHEREAS, Mr. Hancock's hard work played a major role in
the department receiving the Silver and Gold Peak Performance
Awards from the National Association of Clean Water Agencies
for exceptional performance; and
WHEREAS, Mr. Hancock's dedication resulted in the
Proctors Creek Wastewater Treatment Plant earning the.
Virginia Water Environment Association's Facility Safety
Award in 2015; and
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_WHEREAS, Mr. Hancock acted as an exemplary steward of
the public trust by working with fellow operators to optimize
plant operations in the most cost-effective manner; and
WHEREAS, Mr. Hancock continuously utilized his
operational and mechanical knowledge at the Proctors Creek
Wastewater Treatment Plant to ensure effluent quality met
state discharge permit requirements; and
WHEREAS; Mr. Hancock was highly respected and liked by
his peers and coworkers; and
WHEREAS, Mr. Hancock willingly and faithfully worked
after hours and during emergencies to ensure continued permit
compliance at the Proctors Creek Wastewater Treatment Plant;
and
WHEREAS, throughout his career with Chesterfield County,
Mr. Hancock displayed dependability, aptitude, good
character, and values.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Spencer T. Hancock
III and extends on behalf of its members and citizens of
Chesterfield County, appreciation for more than 17 years of
exceptional service to the county. .
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.I.b.4. MRS. KIMBERLY MOSSON, TRANSPORTATION DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
adopted the following resolution:
WHEREAS, Mrs., Kimberly Mosson began her tenure of public
service with Chesterfield County in 1975 for two years and
again on August 1, 2005, in the General Services Department
as a Customer Service Representative; and
WHEREAS, Mrs. Mosson was then hired by the
Transportation Department in 2010, as a Senior Office
Assistant and was promoted to Administrative Secretary in
2013; and
WHEREAS, Mrs. Mosson has answered numerous phone calls
through the years, providing information about pending
projects, referring callers to DMV, VDOT and school bus
transportation, and gracefully taking messages for staff who
were unable to take calls; and
WHEREAS, Mrs. Mosson became skilled at handling customer
complaints about potholes, utility settlements and other road
maintenance issues, ensuring that repairs were handled by the
appropriate departments; and
WHEREAS, Mrs. Mosson has greeted numerous customers with
a friendly and reassuring smile; and
WHEREAS, Mrs. Mosson- expanded her circle of support to
consulting engineers, VDOT employees and other county
department staff who interact with the department; and
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WHEREAS, Mrs. Mosson has been instrumental in assisting
staff with meeting important deadlines; and
WHEREAS, Mrs. Mosson graduated from Matoaca High School
in 1974 and has earned the honor of being called a
Chesterfield County native though originally from North
Dakota; and
WHEREAS, Mrs. Mosson, in addition to being a faithful
public servant, is a devoted daughter, sister,- wife, mother,
stepmother, aunt, grandmother and step -grandmother; and
WHEREAS, Mrs., Mosson is an active member of The Heights
Baptist Church, where she and her husband conduct a,.
DivorceCare support group sessions; and
WHEREAS, Mrs. Mosson has been a dedicated and faithful
employee of the County of Chesterfield for over 15 years; and
WHEREAS, Mrs. Mosson will be missed by Transportation
for her years of professional service and support to the
department .
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Kimberly Mosson and expresses
appreciation for her service to the county, congratulations
upon her retirement, and best wishes for a long and happy
retirement.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.1.c. APPROVING THE RICHMOND METROPOLITAN AUTHORITY'S
ISSUANCE OF BONDS FOR EXPRESSWAY IMPROVEMENTS
Ongmotion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
adopted the following resolution approving the Richmond
Metropolitan Transportation Authority's (RMTA) issuance of
the RMTA Bond:
RESOLUTION OF THE
BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY
APPROVING THE ISSUANCE OF BONDS FOR EXPRESSWAY IMPROVEMENTS
BY THE RICHMOND METROPOLITAN TRANSPORTATION AUTHORITY
WHEREAS, the Virginia General Assembly created the
Richmond Metropolitan Transportation, Authority (the
"Authority" and formerly known as the Richmond Metropolitan
Authority) in 1966 pursuant to Chapter 178, Acts of the
Virginia General Assembly (as amended and in effect from time
to time, and as currently codified in Title 33.2, Chapter 29,
Code of Virginia, the "Enabling Act") for the purpose of,
among other things, owning and operating limited access
highways within its member jurisdictions;
WHEREAS, the Authority currently owns and operates the
Powhite.Parkway, the Downtown Expressway and the Boulevard -
Bridge (the "Expressway- System") and has financed and
refinanced a portion of the capital needs of the Expressway
System with borrowings in the private and public debt
markets;
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WHEREAS, as amended in 2014, the Enabling Act requires
the approval of the Mayor and the Council of the City of
Richmond and the Boards of Supervisors of the Counties of
Henrico and Chesterfield, in order for the Authority to
borrow money and issue bonds, notes, or other evidences of
indebtedness;
WHEREAS, the Authority's Board has approved the issuance
of its Expressway Revenue Bond in the principal amount not to
exceed $21,500,000 (the "RMTA Bond") in order to provide
funding for certain projects in the Authority's capital
improvement plan for fiscal years 2020 through 2025 (the
"Project") and to pay costs of issuance of the transaction,
subject to obtaining the approvals of the Mayor and the
member jurisdictions as required by the Enabling Act, and has
requested that the Mayor and the jurisdictions provide such
approvals;
WHEREAS, it is in the best interests of the County to
approve the Authority's issuance of the RMTA Bond. ,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
•1. The Board hereby approves the Authority, s' issuance
of the RMTA Bond, as and to the extent required by the
Enabling Act, for the purpose of providing funding for the
Project RMTA Bond and paying costs of issuance. The RMTA
Bond may be issued in one or more series of different
principal amounts and interest rates with the timing,
amounts and number of series dependent on the Authority's
need for funds and market conditions; provided, however, that
in no event shall the RMTA Bond mature later than July 15,
2041.
2. The County's approval of the Authority's issuance
of the RMTA Bond does not constitute an endorsement to
prospective purchasers of such obligation of the
creditworthiness of the Authority. The RMTA Bond shall not
be deemed to constitute a debt of the Commonwealth of
Virginia, the County, or of any other political subdivision
thereof except the Authority. Neither the Commonwealth of
Virginia, the County nor any other political subdivision
thereof, except the Authority, shall be obligated to pay the
principal of, redemption premium or late charges, if any, or
interest on the RMTA Bond or other costs or amounts incident
thereto. Neither the faith and credit nor the taxing power
of the Commonwealth of Virginia or any political subdivision
thereof, including the County and the Authority, is pledged
to the payment of the principal of, redemption premium or
late charges, if any, or interest on the RMTA Bond or other
costs or amounts incident thereto. The RMTA Bond shall not
constitute an indebtedness within the meaning of any debt
limitation or restriction.
3. This resolution shall take effect immediately upon
its adoption, and shall continue in full force and effect
until June 30, 2020, unless extended by subsequent action of
the Board of Supervisors.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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13.B.2. APPROVAL OF CHANGE IN THE REPRESENTATION ON THE
CHESTERFIELD -COLONIAL HEIGHTS SOCIAL SERVICES BOARD
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
approved a change in the Social Services Board composition to
occur upon the resignation, death, or expiration of the term
of a current Colonial Heights member, resulting in a board
composition of six members from Chesterfield and three from
Colonial Heights.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.3. AWARD OF INDIVIDUAL REQUIREMENTS CONTRACTS FOR AS -
NEEDED SECURITY CONSULTING SERVICES
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On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
authorized the Director of Procurement to award individual
requirements contracts for as needed security consulting
services to iParametrics and CHA for services related to
facility security design, threat and risk assessment,
vulnerability surveys and security device and equipment
review.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.4. AWARD OF REQUIREMENTS CONTRACT FOR ENGINEERING
SERVICES RELATIVE TO PARKS DEVELOPMENT AND RELATED
PROJECTS
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
authorized the Director of Procurement to execute a
requirements contract with Sekivsolutions and Austin
Brockenbrough and Associates, LLP for engineering services
relative to parks development and related projects for
miscellaneous construction and renovation projects.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.5. APPROVAL OF GRANT APPLICATION AND AGREEMENT,
APPROVAL OF CONTRACT AND DEED AND APPROPRIATION OF
FUNDS FOR THE PURCHASE OF PARKLAND ALONG THE
APPOMATTOX RIVER
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
authorized the County Administrator or his designee to
execute a grant application and agreement; approved a
contract for the purchase of Special Purpose Parkland along
the Appomattox River to expand the John J. Radcliffe
Conservation Area; appropriated up to $450,000 in anticipated
reimbursements from federal/state grant source; and
authorized the County Administrator to execute the contract
and deed.
And, further, the Board adopted the following resolution:
WHEREAS, under the provisions of LWCF, federal funding
assistance is requested to aid in financing the cost of land
acquisition; and
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06/26/19
WHEREAS, Chesterfield County considers it in the best
public interest to complete the land acquisition project
described in the application; and
WHEREAS, The County Administrator be authorized to make
formal application to DCR for funding assistance; and
WHEREAS, any fund assistance received be used for
implementation and completion of the acquisition of 73.86 +/-
acres along the Appomattox River, to expand the John J.
Radcliffe Conservation Area within the specified time frame;
and
WHEREAS, Chesterfield County hereby certifies that
project funding is currently available and is committed for
this project; and
WHEREAS, Chesterfield County is aware that the grant,
if approved by the National Park Service, will be paid on a
reimbursement basis. This means we may only request payment
after eligible and allowable costs have already been paid to
our vendors and evidence of such has been provided to DCR in
the format required; and
WHEREAS, Chesterfield County, acknowledges that any
property acquired and/or developed with financial aid from
the Land & Water Conservation Fund must be placed in use and
be retained in perpetuity' as a public outdoor recreation
area in accordance with the provisions and requirements of
the Land & Water Conservation Fund Act of 1965, as amended;
and
WHEREAS, Chesterfield County acknowledges that any non -
recreational uses may not be made of the property without_
undergoing a conversion of use process and obtaining
approval from the Department of Conservation and Recreation
and the U.S. Department of Interior/National Park Service;
and
WHEREAS, Chesterfield County acknowledges that
appropriate opportunity for public comment will be provided
on this application and evidence of such is -a required
component for approval.
WHEREAS, Chesterfield County acknowledges that we are
responsible for compliance with the National Environmental
Policy Act, Endangered Species Act, Historic Preservation
Act, Executive Orders 11988 and 11990 (Floodplain Management
and Wetlands Protection) and all other applicable state and
federal laws;
NOW, THEREFORE,, BE IT RESOLVED that this resolution
becomes part of a formal application to the Virginia
Department of Conservation & Recreation.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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06/26/19
13.B.6. APPROVAL OF COUNTY FY2019 YEAR-END ADJUSTMENTS AND
RESERVE REQUESTS
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
took the following actions:
a. Authorized the County Administrator to assign to a
revenue stabilization reserve all unspent, or otherwise
unreserved, FY2019 appropriations that are in excess the
items detailed in the schedules filed with the papers of
this Board.
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, filed with the papers of this Board.
c. Appropriated revenues and expenditures and authorized
other adjustments -for specific programs, projects and
non -general fund departments as outlined on Schedule B,
filed with the papers of this Board.
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, filed with the papers of this Board.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.8. APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED
WITH CONGESTION MITIGATION AIR QUALITY (CMAQ) AND
REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP)
PROTECTS
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
appropriated $11,331,000 in anticipated VDOT reimbursements
and authorized staff to proceed with the following projects:
- Countywide Sidewalk Plan (UPC 115202): $150,000
- Harrowgate Road (Dogwood Avenue - South Street) Bike and
Pedestrian Improvements (UPC 115208): $1,450,000
- Hopkins Road/Chippenham Interchange Modification Report
(UPC T22784): $500,000
- Lakeview Road/Branders Bridge Road Roundabout (UPC
109229): $3,427,000
- Road Diet Study (Hopkins Road, Turner Road, Whitepine
Road) (UPC 115193): $300,000
- Route 60 (Stonebridge/Spring Rock - Ruthers Road)
Improvements (UPC 1,13834): $5,504,000
And, further, the Board authorized the County Administrator
to enter into the customary VDOT/County agreements/contracts,
permits/mitigation agreements and surety agreements,
acceptable to the County Attorney; authorized the County
Administrator to proceed with the design and right-of-way
acquisition, including advertisement of eminent domain public
hearings if necessary and to accept the conveyance of right-
of-way and easements that, are acquired; authorized the
Chairman of the Board of Supervisors and County Administrator
to execute easement agreements for relocation of utilities;
and authorized the Procurement Director to proceed with the
advertisements of construction contracts for the projects.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None. i
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13.B.9. APPROPRIATION OF FUNDS AND AUTHORIZATION TO AWARD A
CONSTRUCTION CONTRACT FOR THE MATOACA ROAD AND
HICKORY ROAD INTERSECTION IMPROVEMENT PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
took the following actions for the Matoaca Road and Hickory
Road Intersection Improvement Project:
1. Appropriated $54,890 in anticipated VDOT reimbursements;
and
2. Authorized the Director of Procurement to award a
$2,252,631.30 construction contract to Blakemore
Construction Co. upon VDOT concurrence and to execute
all necessary change orders, up to the full amount
budgeted for the project.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.10. ACCEPTANCE AND APPROPRIATION OF FEDERAL AND STATE
REVENUE AND AUTHORIZATION TO CREATE TWO FULL-TIME
POSITIONS IN THE DOMESTIC AND SEXUAL VIOLENCE
RESOURCE CENTER
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
On motion of, seconded by, the Board accepted and
appropriated $235,984 in federal and state revenue and
authorized the creation of two (2) full-time positions within
the'Domestic Violence and Resource Center.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.11. ACCEPTANCE OF STATE ROADS
On motion of Ms. Jaeckle, seconded by Mr. Elswick, 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.
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06/26/19
Project/Subdivision: Hallsley Section 26
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
I• Tulip Hill Court, State Route Number 8099
From: Tulip Hill Drive, (Route 8084)
To: The cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Plat Book 249, Page 12
Right of Way width (feet) = 41
• Tulip Hill Drive, State Route Number 8084
From: 0.01 miles south of Massey Hope Street, (Route 7889)
To: Tulip Hill Court, (Route 8099), a distance of: 0.09
miles.
Recordation Reference: Plat Book 249, Page 12
Right of Way width (feet) = 41
• Tulip Hill Drive, State Route Number 8084
From: Tulip Hill Place, (Route 8100)
To: The temporary cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Plat Book 249, Page 12
Right of Way width (feet) = 41
• Tulip Hill Place, State Route Number 8100
From: Tulip Hill Drive, (Route 8084)
To: The temporary cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Plat Book 249, Page 12
Right of Way width (feet) = 41.
• Tulip Hill Drive, State Route Number 8084
From: Tulip Hill Court, (Route 8099)
To: Tulip Hill Place, (Route 8100), a distance of: 0.17
miles.
Recordation Reference: Plat Book 249, Page 12
Right of Way width (feet) = 41
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
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Project/Subdivision: Newmarket Section 2
Type Change to the Secondary System miles of State Highways:
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name'and/or Route Number
• Willowmore Drive, State Route Number 7973
From: Farham Lane, (Route 8096),
To: Existing Willowmore Drive end of maintenance, (Route
7973), a distance of: 0.10 miles.
Recordation Reference: Plat Book 233, Page 13
Right of Way width (feet) = 40
• Willowmore Drive, State Route Number 7973
From: Farham Lane, (Route 8096)
To: The cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Plat Book 233, Page 13
Right of Way width (feet) = 40
• Prenoman Lane, State Route Number 7977
From: Sultree Drive, (Route 8095)
To: Existing Prenoman Lane end of maintenance,
a distance of: 0.03 miles.
Recordation Reference: Plat Book 233, Page 13
Right of Way width (feet) = 40
• Sultree Drive, State Route Number 8095
From: Prenoman,Lane, (Route 7977)
To: The cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Plat Book 233, Page 13
Right of Way width (feet) = 40
(Route 7977),
• Farham Lane, State Route Number 8096
From: Sultree Drive, (Route 8095)
To: Willowmore Drive, (Route 7973), a distance of: 0.06
miles.
Recordation Reference: Plat Book 233, Page 13
Right of Way width (feet) = 40
• Sultree Drive, State Route Number 8095
From: Otterdale Road, (Route 667)
To: Farham Lane, (Route 8096), a distance of: 0.17 miles.
Recordation Reference: Plat Book 233, Page 13
Right of Way width (feet) = 50
• Sultree Drive, State Route Number 8095
From: Farham Lane, (Route 8096)
To: Prenoman Lane, (Route 7977), a distance of: 0.24 miles.
Recordation Reference: Plat Book 233, Page 13
Right of Way width (feet) = 50
• Prenoman Lane, State Route Number 7977
From: Sultree Drive, (Route 8095)
To: The end of maintenance, a distance of: 0.01 miles.
Recordation Reference: Plat Book 233, Page 13
Right of Way width (feet) = 40
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
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06/26/19
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.
Prosect/Subdivision: Colli
e
n Section 19
stem miles of State
Aaaition
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: §33.2-705
Street Name and/or Route Number
• Greywell Terrace, State Route Number 8092
From: Ashmill Drive, (Route 8090)
To: The cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Plat Book 229, Page 90
Right of Way width (feet) = 47
• Ashmill Drive, State Route Number 8090
From: Bayford Drive, (Route 8091)
To: Greywell Terrace, (Route 8092), a distance of: 0.06
miles.
Recordation Reference: Plat Book 229, Page 90
Right of Way width (feet) = 47
• Ashmill Drive, State Route Number 8090
From: Bradmore Drive, (Route 8089)
To: Bayford Drive, (Route 8091), a distance of: 0.07 miles.
Recordation Reference: Plat Book 229, Page 90
Right of Way width (feet) = 47
• Bayford Drive, State Route Number
From: Ashmill Drive, (Route 8090)
To: Northwest to Ashmill Drive, (Route
0.08 miles.
Recordation Reference: Plat Book 229,
Right of Way width (feet) = 47
8091
8090), a distance of:
Page 90
• Bradmore Drive, State Route Number 8089
From: Paddock Wood Drive, (Route 5999)
To: Ashmill Drive, (Route 8090), a distance of: 0.08 miles
Recordation Reference: Plat Book 229, Page 90
Right of Way width (feet) = 47
• Paddock Wood Court, State Route Number 8088
From: Paddock Wood Drive, (Route 5999)
To: The cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Plat Book 229, Page 90
Right of Way width (feet) = 47
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06/26/19
• Ashmill Drive, State Route Number 8090
From: Ashmill Court, (Route 8093)
To: Bayford Drive, (Route 8091), a distance of: 0.20 miles.
Recordation Reference: Plat Book 229, Page 90
Right of Way width (feet) = 47
• Greywell Terrace, State Route Number 8092
From: Ashmill Drive, (Route 8090)
To:_ The cul-de-sac, a distance of: 0.09 miles.
Recordation Reference: Plat Book 229, Page 90
Right of Way width (feet) = 47
• Millward Road,�State Route Number 8094
From: Ashmill Drive, (Route 8090)
To: Collington Drive, (Route 5989), a distance of: 0.04
miles.
Recordation Reference: Plat Book 229, Page 90
Right of Way width (feet) = 55
• Ashmill Drive, State Route Number 8090
From: Bayford Drive, (Route 8091)
To: Millward Road, (Route 8094), a distance of: 0.04 miles.
Recordation Reference: Plat Book 229, Page 90
Right of Way width (feet) = 47
• Ashmill Drive, State Route Number 8090
From: Millward Road, (Route 8094)
To: The cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Plat Book 229, Page 90
Right of Way width (feet) = 47 -
• Ashmill Drive, State Route Number 8090
From: Bradmore Drive, (Route 8089)
To: Ashmill Court, (Route 8093), a distance of: 0.05 miles.
Recordation Reference: Plat Book 229, Page 90
Right of Way width (feet) = 47
• Ashmill Court, State Route Number 8093
From: Ashmill Drive, (Route 80900
To: The cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Plat Book 229, Page 90
Right of Way width (feet) = 47
And, further, the Board adopted the following resolution-:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
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06/26/19
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: Silver Mews Section B2
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
• Salvers Court, State Route Number 8078
From: Laroux Avenue, (Route 7938)
To: The cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Plat Book 242, Page 35
Right of Way width (feet) = 47
• Laroux Avenue, State Route Number 7938
From: Salvers Court, (Route 8078)
To: The end of maintenance, a distance of: 0.02 miles.
Recordation Reference: Plat Book 242, Page 35
Right of Way width (feet) = 47
• Laroux Avenue, State Route Number 7938
From: 0.01 miles east of Silver Mist Avenue, (Route 7463)
To: Salvers Court, (Route 8078), a distance of: 0.05 miles.
Recordation Reference: Plat Book 242, Page 35
Right of Way width (feet) = 47
• Salvers Place, State Route Number 8079
From: Laroux Avenue, (Route 7938)
To: The cul-de-sac, a distance of: 0.09 miles.
Recordation Reference: Plat Book 242, Page 35
Right of Way width (feet) = 47
And, further, the Board adopted the following resolution:
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.
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06/26/19
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 A3
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
• Medallion Court, State Route Number 7831
From: 0.03 miles north of Cannington Drive, (Route 7830)
To: The cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: Plat Book 251, Page 52
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.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident.Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Tarrington Section 19
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
• Merrington View, State Route Number 8086
From: Ashwell Drive, (Route 5843)
To: The cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Plat Book 249, Page 90
Right of Way width (feet) = 44
• Markby View, State Route Number 8087
From: Ashwell Drive, (Route 5843)
To: The cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Plat Book 249, Page 90
Right of Way width (feet) = 44
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06/26/19
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the. Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Hallsley Section 23
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
Tulip Hill Drive, State Route Number 8084
From: Massey Hope Street, (Route 7889)
To: The end of maintenance, a distance of: 0.01 miles.
Recordation Reference: Plat Book 246, Page 79
Right of Way width (feet) = 41
• Baybon Road, State Route Number 8083
From: Brightwalton Road, (Route 7446)
To: 0.09 miles southwest of Brightwalton Road, (Route 7446),
a distance of: 0.09 miles.
Recordation Reference: Deed Book 10294, Page 710
Right of Way width (feet) = 90
• Baybon Road, State Route Number 8083
From: 0.0,9 miles southwest of Brightwalton Road, (Route
7446)
To: Tulip Hill Drive, (Route 8084), a distance of: 0.04
miles.
Recordation Reference: Plat Book 246, Page 79
Right of Way width (feet) = 90
• Baybon Road, State Route Number 8083
From: Tulip Hill Drive, (Route 8084)
To: The end of maintenance, a distance of: 0.04 miles.
Recordation Reference: Plat Book 246, Page 79
Right of Way width (feet) = 90
• Tulip Hill Drive, State Route Number 8084
From: Baybon Road, (Route 8083)
To: The cul-de-sac, a distance of: 0.12 miles.
Recordation Reference: Plat Book 246, Page 79
Right of Way width (feet) = 41
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06/26/19
• Tulip Hill Drive, State Route Number 8084
From: Baybon Road, (Route 8083)
To: Massey Hope Street, (Route 7889), a distance of: 0.05
miles..
Recordation Reference: Plat Book 246, Page 79
Right of Way width (feet) = 41
• Massey Hope Street, State Route Number 7889
From: Tulip Hill Drive, (Route 8084)
To: The cul-de-sac, a distance of: 0.11 miles.
Recordation Reference:. Plat Book 246, Page 79
Right of Way width (feet) = 41
• Massey Hope Street, State Route Number 7889
From: 0.03 miles southwest of Muswell Court, (Route 8032)
To: Tulip Hill Drive, (Route 8084),.a distance of: 0.03
miles.
Recordation Reference: Plat Book 246, Page 79
Right of Way width (feet) = 41
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 theVirginia
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: Iron Mill Section 1
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
• Weatherby Drive, State Route Number 8082
From: 0.03 miles southeast of Iron River Drive, (Route 7952)
To: Claimont Mill Drive, (Route 8085), a distance of: 0.01
miles..
Recordation Reference: Plat Book 217, Page 84
Right of Way width (feet) = 50
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06/26/19
• Claimont Mill Drive, State Route Number 8085
From: Weatherby Drive, (Route 8082)
To: The cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Plat Book 217, Page 84
Right of Way width (feet) = 50
• Claimont Mill Drive, State Route Number 8085
From: Weatherby Drive, (Route 8082)
To: The end of maintenance, a distance of: 0:08 miles.
Recordation Reference: Plat Book 217, Page 84
Right of Way width (feet) ='50
• Weatherby Drive, State Route Number 8082
From: Claimont Mill Drive, (Route 8085)
To: The cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Plat Book 217, Page 84
Right of Way width (feet) = 50
And; further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation. .
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.2-705, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department.of Transportation.
Project/Subdivision : Iron Mill Subdivision Connector Road
Phase 1A
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
• Iron River Drive, State Route Number 7952
From: Weatherby Drive, (Route 8082)
To: The end of maintenance, a distance of: 0.03 miles.
Recordation Reference: Deed Book 10171, Page 76; 84Right of
Way width (feet) = 70
• Iron River Drive, State Route Number 7952
From: Iron Bridge Road, (Route 10)
To: 0.09 miles north of Iron Bridge Road, (Route 10), a
distance of: 0.09 miles.
Recordation Reference: Deed Book 10171,,Page 76, 84
Right of Way width (feet) = 70
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06/26/19
• Iron River Drive,,State Route Number 7952
From: 0.09 miles north of Iron Bridge Road, (Route 10)
To: Weatherby Drive, (Route 8082), a distance of: 0.21
miles.
Recordation Reference: Deed Book 10171, Page 76, 84
Right of Way width (feet) = 70
• Weatherby Drive, State Route Number 8082
From: Iron River Drive, (Route 7952)
To: The end of maintenance, a distance of: 0.03 miles.
Recordation Reference: Deed Book 10171, Page 76, 84
Right of Way width (feet) = 70
And, further, the Board adopted the following resolution:
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: Hallsley Section 9
Type Change to the Secondary System miles of State'Highways:
AAAI ti nn
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: §33.2-705
Street -Name and/or Route -Number
• Keaton Chase Lane, State Route Number 8097
From: Saville Chase Road, (Route -7884)
To: The temporary cul-de-sac, a distance of.: 0.17 miles.
Recordation Reference: Plat Book 241, Page 91
Right of Way width (feet) = 44
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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06/2'6/19
13.B.12. SET DATES FOR PUBLIC HEARINGS
13.B.12.a. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK
TRAFFIC ON WOODS EDGE ROAD .
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
set July 24, 2019, as a public hearing date to consider the
restriction of through truck traffic .on Woods Edge Road from
Ruffin Mill Road to Lawing Drive.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.12.b. ,.TO CONSIDER AN ORDINANCE ESTABLISHING A CAPITAL
MAINTENANCE FEE AT THE COUNTY AIRPORT
On motion of Ms. Jaeckle, .seconded by Mr. Elswick, the Board
set a public hearing for July 24, 2019, to consider adoption
of an ordinance establishing a capital maintenance fee at .the
Chesterfield County Airport to fund a portion of construction
costs associated with the fuel farm replacement project, and
to provide funding for ongoing capital project and major
maintenance costs. '
Ayes: Haley, Elswick, Jaeck_le,'Winslow and Holland.
Nays: None.
13.B.12.c. TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO
SIGN STANDARDS
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
set July 24, 2019 for public hearing to consider a code
amendment relating to sign standards (18PJ0118).'
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.13. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT,
APPROVE CHANGE ORDERS AND TRANSFER AND APPROPRIATE
FUNDS FOR THE TREDEGAR LAKE PARKWAY EXTENSION
ECONOMIC -DEVELOPMENT ACCESS PROJECT
On motion of, Ms. Jaeckle, seconded by Mr. Elswick, the Board
took the, following actions for the Tredegar Lake Parkway
Extension Economic Development Access Project:
1. Transferred and appropriated an additional $100,000 from
the Industrial Access Account;
2. Appropriated an additional $50,000 in potential
developer contributions for the project to cover any
future alternate bid change orders; and
3. Authorized the Procurement Director to award a
construction contract, up to $1,000,000, to the lowest
responsive and responsible bidder; and
4. Authorized the Procurement Director to execute all
necessary change orders for the work, up to the full
amount budgeted, for the project.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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06/26/19
13.B.14. APPROPRIATION AND TRANSFER OF FUNDS AND
AUTHORIZATION TO INITIATE A TRANSIT DEMONSTRATION
PROJECT ALONG ROUTE 1/301
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
took the following actions for the Route 1/301 Transit
Service Demonstration Project:
1. Authorized the County Administrator to take all steps
necessary to initiate the project;
2. Authorized the County Administrator to enter into
. permits, agreements and contracts, acceptable to the
County Attorney;
3. Appropriated $2,021,520 in anticipated VDRPT
reimbursements and transfer $200,000 in capital
improvement funds in FY2.019 and $305,380 in capital
improvement funds in FY2020;
4. Authorized the County Administrator to proceed with the
design and right-of-way acquisition, including
advertisement of eminent domain public hearings if
necessary and to accept the conveyance of right-of-way
and easements that are acquired; and
5. Authorized the Chairman of the Board of Supervisors and
County Administrator to execute easement agreements for
relocation of utilities.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.16. AMEND THE FY2020 BUDGET TO INCREASE.PUBLIC SAFETY
SALARIES
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
amended the FY2020 budget to increase public safety
appropriations by $665,400 to increase certain public safety
salaries, as outlined in the papers of this Board.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.17. TRANSFER AND APPROPRIATION OF FUNDS AND
AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR
THE ROUTE 10 (BERMUDA TRIANGLE ROAD TO MEADOWVILLE
ROAD) WIDENING PROJECT
On motion of Ms. Jaeckle, seconded by Mr.-Elswick, the Board
took the following actions for the Route 10 (Bermuda Triangle
Road to Meadowville Road) Widening Project:
1. Appropriated $2,000,0000 in additional VDOT
Reimbursements;
2. Transferred $5,416,295 from the completed Route 10 (I-95
to Ware Bottom Spring Road) project, and $504,160 from
- the General Road Improvement account;
3. Transferred' and appropriated $2,526,043 from the
Utilities Department Water and Wastewater , Capital
Improvement Project funds; and
4. Authorized the Director of Procurement to award a
$42,595,555 construction contract to Branscome Inc.,
upon VDOT concurrence, and to execute all necessary
change orders, up to the full amount budgeted for the
project.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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06/26/19
13.B.18. TRANSFER AND APPROPRIATION OF FUNDS AND
AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR
THE ROUTE 10 (ROUTE 1 TO I-95) WIDENING PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
took the following actions for the Route 10 (Route 1 to I-95)
Widening Project:
1. Appropriated $1,000,000 in additional anticipated VDOT
reimbursements;
2. Transferred and appropriated $1,049,935from the
Utilities Department Water and Wastewater Capital
Improvement Project Funds;
3. Transferred $713,411 from the General Road Improvement
account; and
4. Authorized the Director of Procurement to award a
$7,434,969.47 construction contract to Branscome Inc.,
upon VDOT concurrence, and to execute all necessary
change orders, up to the full amount budgeted for
project.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.19. AWARD OF CONSTRUCTION CONTRACT FOR COWAN ROAD
WATERLINE IMPROVEMENTS
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
authorized the Director of Procurement to award the
construction contract to Tidewater Utility Construction,
Inc., in the amount of $1,173,505 and execute all necessary
change orders up to the full amount budgeted for the Cowan
Road Waterline Improvements project.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.20. CONVEYANCE OF EASEMENTS TO VIRGINIA ELECTRIC AND
POWER COMPANY
13.B.20.a. FOR SERVICE TO THE NEW MODULAR CLASSROOMS AT
WINTERPOCK ELEMENTARY SCHOOL
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Virginia
Electric and Power Company for a 20 -foot underground easement
for service to the new modular classrooms at Winterpock
Elementary School, 9000 Elementary Way Loop. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.20.b. FOR SERVICE TO THE PHASE I ADDITION AT MATOACA
MIDDLE SCHOOL
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Virginia
Electric and Power Company for a 15 -foot underground easement
for service to the Phase I Addition at Matoaca Middle School,
6001 Hickory Road. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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13.B.21. APPROVAL OF THE PURCHASE OF TWO PARCELS OF LAND FOR
FUTURE THOMAS DALE HIGH SCHOOL EXPANSION
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
approved the purchase of two parcels of land containing 1.049
acres, more or less, with improvements, for $128,200, plus
closing costs from Ethel Alice Wells and Dorothy Mae Wells
for future Thomas Dale High School Expansion and authorized
the County Administrator to execute the sales contracts and
deeds. (It is noted a copy of the plat is filed with the
papers of this'Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.22. RENEWAL OF LEASE FOR THE OFFICE OF THE
CHESTERFIELD/COLONIAL HEIGHTS ADULT DRUG COURT
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
authorized the County Administrator to execute a lease with
LaTane T. Jenkins for the County of Chesterfield for office
space. at 10107 Krause Road for the Chesterfield/Colonial
Heights Adult Drug Court. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes:, Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.23. ACCEPTANCE OF PARCELS OF LAND
13.'B.23.a. ALONG WESTFIELD ROAD FROM LIFELONG LEARNING
INSTITUTE IN CHESTERFIELD COUNTY VA INC.
On.motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
accepted the conveyance of a parcel of land. containing 0.060
acres along Westfield Road from Lifelong Learning Institute
in Chesterfield .County VA Inc. and authorized the County
Administrator to execute the deed. (It is. noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.'
13.B.23.b. FOR THE EXTENSION OF MAGNOLIA GREEN PARKWAY FROM
6801 WOOLRIDGE ROAD - MOSELEY LP
On motion of Ms. Jaeckle, seconded by Mr. Elswick,, the' Board
accepted the conveyance of a parcel of land containing 2.493
acres from 6801 Woolridge Road - Moseley LP and authorized
the County Administrator to execute the deed. (It is noted a
copy -of the plat is filed with the papers of this Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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13.B.24. REQUESTS TO QUITCLAIM
13.B.24.a. PORTIONS OF A SIXTEEN -FOOT WATER EASEMENT ACROSS -
THE PROPERTIES OF RICHMOND AFFORDABLE HOUSING
AND MARKET SQUARE V, LLC
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute quitclaim deeds., to vacate
portions of a 16 -foot water easement across the properties of
Richmond Affordable Housing, and Market Square V, L'LC. (It is
noted 'a copy of the plat is filed with the papers of this
Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.24.b. PORTIONS'OF EASEMENTS ACROSS THE PROPERTYOF
HUGUENOT VILLAGE ACQUISITION,COMPANY, L.L.C.
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
Authorize the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16 -foot sewer easement and a portion of a 26=
foot and variable width sewer and water easement across the
property of Huguenot Village Acquisition Company, L.L.C. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Haley, Elswick, Jaeckle, Winslow and -Holland.
Nays: None.
13.B.25. APPROVAL OF JEFFERSON-DAVIS INCENTIVE.POLICY
On motion of Ms. Jaeckle, "seconded by -Mr. Elswick, the Board
approved the Northern Jefferson Davis Revitalization
Incentive Program.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
On motion of Mr. Winslow, seconded by Ms. Jaeckle, Item
13.B:1.d., Adoption of Resolution Authorizing the Issuance of
General Obligation Public Improvement Bonds and Economic
Development Authority Public Facility Revenue Bonds to
Finance County and School Projects, Item 13.B.7., Approval of
Schools' FY2019 Year -End and Reserve Requests; Item 13.B.15.,
Approval of Grant'Agreement with Shamin. Hotels, Inc., were
removed from the Consent Agenda for public comment.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.1.d. AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION
PUBLIC IMPROVEMENT BONDS AND ECONOMIC DEVELOPMENT
AUTHORITY PUBLIC FACILITY REVENUE BONDS TO FINANCE
COUNTY AND SCHOOL PROJECTS
Mr. Rodney Martin, Midlothian resident,, stated the reason he
requested the item be pulled is because it seems relatively
confusing regarding the EDA's involvement and funding of
approved capital improvement projects.
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06/26/19
In response to Mr. Martin's concerns, Ms. Coates stated the
Board is requested to adopt a resolution authorizing the sale
of approximately $51 million in Public Facility Bonds to
finance projects to include: the Animal Adoption Facility,
Midlothian Fire Station, Midlothian Library, Beulah Community
Center, Parks and Recreation offices, and Woolridge Road
widening. Additionally, she stated the Board'is requested to
adopt a resolution for a parallel general obligation debt
sale which will close approximately two weeks -prior to the
EDA sale. She further stated that sale will provide funding
for six of the 2013 referendum projects, including: public
safety radio system, schools' major maintenance, Manchester
Middle School, Matoaca Elementary School, Harrowgate
Elementary School, and Reams Elementary school. She stated
previously adopted Capital Improvement Plans included several
projects that require debt financing. She further stated most
recently, when no general obligation authority has existed
for projects,_ the County has been using the Virginia Resource
Authority pooled sale for financing. However, she stated
given the scale of the FY2019 approved project list, multiple
financing options were evaluated for this sale.
In response to Mr. Elswick's questions," Ms. Coates stated
staff and the county's financial advisor are recommending
utilization of the EDA to sell Public Facility Revenue Bonds
as this will save approximately $500,000 in future debt
service when compared to the pooled sale programs. She
further stated this sale will exhaust all general government
authority from the 2013 package. She noted staff anticipates
one additional general obligation sale in 2020 to complete
the financing for all of the school projects.
In response to Mr. Winslow's question, Ms. Coates stated the
$500,000 estimate is a comparison of the legal fees and
interest paid as part of the pooled sale.
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
adopted the following resolution:
RESOLUTION PROVIDING FOR THE ISSUANCE,
SALE AND AWARD OF GENERAL OBLIGATION
PUBLIC IMPROVEMENT BONDS, SERIES 2019, IN
THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF
$82,500,000 OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, HERETOFORE
AUTHORIZED, AND PROVIDING FOR THE FORM,
DETAILS AND PAYMENT -THEREOF
WHEREAS, the issuance of general obligation bonds of the
County of Chesterfield, Virginia (the "County"),' in the
principal amount of $304,000,000 for school- projects and
$49,000,000 for public safety projects, was approved by the
qualified voters of the County -in an election held on
November 5, 2013 (the "Election"), and was authorized by a
resolution adopted by the Board of Supervisors of the County
(the "Board") on May 28, 2014, as amended by a resolution
adopted on June 27, 2018 (together, the "Authorizing
Resolution");
WHEREAS, the County has previously issued $185,830,000
principal amount of general obligation bonds for school
projects and $32,075,000 principal amount of general
obligation bonds for public safety projects pursuant to the
-Election and the Authorizing Resolution (together, the
"County Authorization");
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06/26/19
WHEREAS, the Board desires to issue up to $69,000,000 of
the remaining principal authorization for school projects
available under the County Authorization ($118,170,000) to
finance a portion of the costs of capital improvements for
school purposes, including but not limited to the
acquisition, design, construction and equipping of
replacement school facilities for four existing schools and
the undertaking of major maintenance with respect to another
existing school (collectively, the "School Projects");
WHEREAS, the Board desires to issue up to $13,500,000 of
the remaining principal authorization for -public safety
projects available under the County Authorization
($16,925,000) to finance a portion of the costs of capital
improvements for public safety purposes, including but not
limited to the acquisition, installation and equipping of a
public safety radio system (the "Public Safety Project" and,
together with the School Projects, the "Projects"); and
WHEREAS, the County
Davenport & Company LLC,
"Financial Advisor"), ha;
County issue -and sell a
public improvement bonds
amount of $82,500,000 to
Projects;
administration, in consultation with
the County's financial advisor (the
recommended to the Board that the
single series of general obligation
in the maximum aggregate principal
pay a portion of the costs of the
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA
1. Issuance of Bonds. There shall be issued and sold,
pursuant to the Constitution and statutes of the Commonwealth
of Virginia, including the Public Finance Act of 1991,
general obligation public improvement bonds of the County in
the maximum aggregate principal amount of $82,500,000 (the
"Bonds") to provide funds to pay a portion of the costs of
the Projects.
2. Bond Details.
(a) The Bonds shall be designated "General
Obligation Public Improvement Bonds-, Series 2019," shall be
in registered form, shall be dated such date as may be
determined by the County Administrator (such term as used
herein to include the County Administrator and the Deputy
County Administrator for Finance and Administration) shall be
in denominations of $5,000 and integral multiples thereof and
shall be numbered R-1 upward. Subject to Section 8, the
issuance and sale of the Bonds are authorized on terms, as
shall be satisfactory to the County Administrator; provided,
however, that the Bonds.shall (i) have a "true" or "Canadian"
interest cost not to exceed 5.00o (taking into account any
original issue discount or premium), (ii) be sold at a price
not less than 950 of the original aggregate principal amount
thereof (excluding any original issue discount), and
(iii) mature or be subject to mandatory sinking fund
redemption in annual installments ending no later than
December 31, 2040.
(b) Principal of the Bonds shall be payable
annually on dates determined by the County Administrator.
Each Bond shall, bear interest from its date at such rate as
shall be determined at the time of sale, calculated on the
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06/26/19
basis of a 360 -day year of twelve 30 -day months, payable
semiannually on dates determined by the County Administrator. -
Principal and premium, if any, shall be payable to the
registered owners upon surrender of Bonds as they become due
at the office of the Registrar (as hereinafter defined).
Interest shall be payable by check or draft mailed to the
registered owners at their addresses as they appear on the
registration books kept by the Registrar on a date prior to
each interest payment date that shall be determined by the
County Administrator (the "Record Date"); provided, however,
that at the request of the registered owner of the Bonds,
payment may be made by wire transfer pursuant' -to the most
recent wire instructions received by the Registrar from such
registered owner. If any payment date with respect to the
-Bonds is not a Business Day (as hereinafter defined), such
payment shall be made on the next succeeding Business Day
with the same effect as if made on the payment date and no
additional interest shall accrue. "Business Day" shall mean
a day on which banking business is transacted, but not
including a Saturday, Sunday or legal holiday, or any other
day on which banking institutions are authorized by law to
close in the Commonwealth of Virginia. Principal, premium,
if any, and interest shall be payable in lawful money of the
United States of America.
(c) Initially, one Bond certificate for each
maturity of the Bonds shall be issued to and registered in
the name of The Depository Trust Company ("DTC") or its
nominee. The County has heretofore entered into a Letter of
Representations relating to a book -entry system. to be
maintained by DTC with respect to the Bonds. "Securities
Depository" shall mean DTC or any other securities depository
for the Bonds appointed pursuant to Subsection 2(d).
(d) In the event that (i) the Securities
Depository determines -not to continue to act as the
securities depository for the Bonds by giving ,notice to the
Registrar,-- and the County discharges its responsibilities
hereunder, or (ii) the County in its sole discretion
determines (A) that beneficial owners of the Bonds shall be
able to obtain certificated Bonds or (B) to select a new
Securities Depository, then its Deputy County Administrator
for Finance and Administration or Director'of Finance, either
of whom may act, shall, at the direction of the County,
attempt to locate another qualified securities depository to
serve as Securities- Depository and authenticate and deliver
certificated Bonds to the new Securities Depository or its
nominee, or authenticate and deliver certificated Bonds to_
the beneficial owners or to the Securities Depository
participants on behalf of beneficial owners substantially in
the form provided for in Section 5; provided, however, that
such form shall provide for interest on the Bonds to be
payable (X) from the date of the Bonds if they are
authenticated prior to the first interest payment date or (Y)
otherwise from the interest payment date that is or
immediately precedes the date on which the Bonds are
authenticated (unless payment of interest thereon is in
default, in which case interest, on such Bonds shall be
payable from the date to which interest has been paid). In
delivering certificated -Bonds, the Deputy "County
Administrator for Finance and Administration or Director of
Finance, either -of whom may act, shall _be -entitled to rely on
the records of the Securities Depository as to the beneficial
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06/26/19
owners or the records of the Securities Depository
participants acting on behalf of beneficial owners. Such
certificated Bonds will then be registrable, transferable and
exchangeable as set forth in Section 7.
(e) So long as there is a Securities Depository
for the Bonds, (i) it or its nominee shall be the registered
owner of the Bonds, (ii) notwithstanding anything to the
contrary in this Resolution, determinations of persons
entitled to payment of principal, premium, if any, and
interest, transfers of ownership and exchanges and receipt of
notices shall be the responsibility, of the Securities
Depository and shall be effected pursuant to rules and
procedures established by such Securities Depository, (iii)
the Registrar and the County shall not be responsible or
liable for maintaining, supervising or reviewing the records
maintained by the Securities Depository, its participants or
persons acting through such participants, (iv) references in
this Resolution to registered owners of the Bonds shall mean
such Securities Depository or its nominee and shall not mean
the beneficial owners of the Bonds and (v) in the event of
any inconsistency between the provisions of this Resolution
and the provisions of the above -referenced Letter of
Representations such provisions of the Letter of
Representations, except to the extent set forth in this
paragraph and Subsection 2(d), shall control.
3. Redemption Provisions.
(a) The Bonds may be subject to redemption prior
to maturity at the option of the County on or after the
dates, if any, determined by the County Administrator, in
whole or in part (in integral multiples of $5,000) at any
time, at a redemption price equal to the principal amount of
the Bonds, together with any interest accrued to the date
fixed for redemption, plus a redemption premium not to exceed
2.00o of the principal amount of the Bonds, such redemption
premium to be determined by the County Administrator.
(b) Any Bonds sold as term bonds may be subject to
mandatory sinking fund redemption upon terms determined by
the County Administrator.
(c) If less than all of the Bonds are called for
redemption, the maturities of the Bonds to be redeemed shall
be selected by the Deputy County Administrator for Finance
and Administration or Director of Finance, either of whom may
act,, in such manner as such officer may determine to be in
the best interests of the County. If less than all the Bonds
of a particular maturity are called for redemption, the Bonds
within such maturity to be redeemed shall be selected by the
Securities Depository pursuant to its rules and procedures
or, if the book -entry system is discontinued, shall be
selected by the Registrar by lot in such manner as the
Registrar in its discretion may determine. In either case,
(i) the portion of any Bond to be redeemed shall be in the
principal amount of $5,000 or some integral multiple thereof
and (ii) in selecting Bonds for redemption, each Bond shall
be considered as representing that number of Bonds that is
obtained by dividing the principal amount of such Bond, by
$5,000. The County shall cause notice of the call for
redemption identifying the Bonds or portions thereof to be
redeemed to be sent by facsimile -or electronic transmission,
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06/26/19
registered or certified mail or overnight express delivery,
not less ,than 30 nor more than 60 days prior to the date
fixed for redemption, to the registered owner of the Bonds.
The County shall not be responsible for giving notice of
redemption to anyone other than DTC or another qualified
securities depository then serving or its nominee unless no
qualified securities,depository is the registered owner(s) of
the Bonds. If no qualified securities depository is the
registered owner of the Bonds, notice of redemption shall be
mailed to the registered owners of the Bonds. If a.portion
of a Bond is called for redemption, a new Bond in principal
amount equal to the unredeemed portion thereof will be issued
to the registered owner upon the surrender thereof.
(d) In the case of an optional redemption, the
notice may state that (i) it is conditioned upon the deposit
of moneys, in an amount equal to the amount necessary to
effect the redemption, no later than the date fixed for
redemption or (ii) the County retains the right to rescind
such notice on or prior to the date fixed for redemption (in
either case, a "Conditional Redemption"), and such notice and
optional redemption shall be of no effect if such moneys are
not so deposited or if the notice is rescinded as described
herein. Any Conditional Redemption may be rescinded. at any
time. The County shall give prompt notice of such rescission
to the. affected bondholders. Any Bonds subject to
Conditional Redemption where redemption has been rescinded
shall remain outstanding, and the rescission shall not
constitute an event of default. Further, in the case of a
Conditional Redemption, the failure of the County to make
funds available on or before the date fixed for redemption
shall not constitute an event of default, and the County
shall give immediate notice to all organizations registered
with the Securities and Exchange Commission (the "SEC") as
securities depositories or the affected bondholders that the
redemption did not occur and that the Bonds called for
redemption and not so paid remain outstanding.
4. Execution and Authentication. The Bonds shall be
signed by the manual or facsimile signature of the Chair or
Vice Chair of the Board, and the Board's seal shall be
affixed thereto and shall be attested by the manual or
facsimile signature of the Clerk or Deputy Clerk of the
Board; provided, however, that if both of such signatures are
_ facsimiles, no Bond shall be valid until it has been
authenticated by the manual signature of the Registrar or, if
a bank has been appointed registrar pursuant to Section 7, an
authorized officer or employee of such bank and the date of
authentication noted thereon.
5. Bond Form. The Bonds shall be in substantially the
form of Exhibit A attached hereto, with such completions,
omissions, insertions and changes not inconsistent with this
Resolution as may be approved by the officers signing the
Bonds, whose approval shall be evidenced 'conclusively by the
execution and delivery of the Bonds.
6. Pledge of Full Faith and Credit. The full faith
and credit of the County are irrevocably pledged for the
payment of principal of and premium, if any, and interest on
the Bonds. Unless other funds are lawfully available and
appropriated for timely payment of the Bonds, the Board -shall
levy and collect an annual ad valorem tax, over and above all
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other taxes authorized or limited by law and without
limitation as to rate or amount, on all locally, taxable
property in the County sufficient to pay when due the
principal of and premium, if any, and interest on the Bonds.
7. Registration, Transfer and Owners of Bonds.
(a) The County Treasurer is hereby appointed as
paying agent and registrar for the Bonds (the "Registrar").
The Board may, in its discretion, appoint at any time a
qualified bank or trust company as successor Registrar. The
Registrar shall maintain registration books for the
registration and registration of transfers of the Bonds.
Upon presentation and surrender ' of any Bonds to the
Registrar, or its corporate trust office if the Registrar is
a bank or trust company, together with an assignment duly
executed by the registered owner or its duly authorized
attorney or legal representative in such form as shall be
satisfactory to the Registrar, the County shall execute, and
the Registrar shall authenticate, if required by Section 4,
and deliver in exchange, a new Bond or Bonds having an equal
aggregate principal amount, in authorized denominations, of
the same form and maturity, bearing interest at the same
rate, and registered in name(s) as requested by the then
registered owner or its duly authorized attorney or legal
representative. Any such exchange shall be at the expense of
the County, except that the Registrar may charge the person
requesting such exchange the amount of any tax or other
governmental charge required to be paid with respect thereto.
(b) The Registrar shall treat the registered owner
as the person exclusively entitled to payment of principal,
premium, if any, and interest' and the exercise of all other
rights and powers of the owner, except that interest payments
shall be made to the person shown as owner on the
registration books on the applicable Record Date.
8. Sale of Bonds. The Board approves the following
terms of the sale of the Bonds:
(a) The Bonds shall be sold through a competitive
sale or a negotiated sale, as the County Administrator, in
collaboration with the Financial Advisor, determines to be in
the best interests of the County.
(b) If the County Administrator determines that
the Bonds shall be sold by competitive sale, the County
Administrator is authorized to receive bids for such Bonds
and award such Bonds to the bidder providing the lowest
"true" or "Canadian" interest cost, subject to the
limitations set forth in Sections 1 and 2. Following a
competitive sale, the County Administrator shall file a
certificate with the Clerk of the Board setting forth the
final terms of the Bonds. The actions of the County
Administrator in selling the Bonds by competitive sale shall
be conclusive, and no further action with respect to the sale
and issuance of the Bonds shall be necessary on the part of
the Board.
(c) If the Bonds are sold by competitive_ bid, the
County Administrator, in collaboration with the Financial
Advisor, is authorized and directed to take all proper steps
to advertise the Bonds for sale in accordance with the terms
and conditions as shall be provided in the Notice of Sale
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relating to the Bonds. The County Administrator is further
authorized to cause to be prepared and disseminated a Notice
of Sale of the Bonds in such form and containing such terms
and conditions as the County Administrator may deem
advisable, subject to the provisions of this Resolution.
(d) If the County Administrator determines that
the Bonds shall be sold by negotiated sale, the County
Administrator is authorized, in collaboration with the
Financial Advisor, to choose one or more investment banks or
firms to serve as underwriter(s) for the Bonds and to execute
and deliver to the underwriter(s) a bond purchase agreement
(the "Bond Purchase Agreement") in a form to be approved by
the County Administrator in consultation with the County
Attorney and the County's bond counsel. The execution of the
Bond Purchase Agreement by the County Administrator shall
constitute conclusive evidence of his approval thereof.
Following a negotiated sale, the County Administrator shall
file a copy of the Bond Purchase. Agreement with the records
of the Board. The actions of the County Administrator in
selling the Bonds by negotiated sale to the underwriter(s)
shall be conclusive, and no further action with respect to
the sale and issuance of the Bonds shall be necessary on the
part of the Board.
9. Approval of Preparation and Execution of Official
Statement.
(a) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare and distribute, or cause to be
prepared and distributed, to prospective purchasers of the
Bonds a Preliminary Official Statement (the "Preliminary
Official Statement") describing the Bonds and the County in a
form consistent with the provisions of this Resolution. All
actions taken by the County Administrator and such other
officials and employees of the County with respect -to the
preparation and, distribution of the Preliminary Official
Statement are hereby ratified and confirmed.
(b) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare, or cause to be prepared, a final
Official Statement (the "Official Statement"), which shall be
in substantially the form of the Preliminary Official
Statement with such completions, omissions, insertions and
changes as are necessary to complete the Official Statement
and deem it final for purposes of Rule 15c-12 (the "Rule") of
the SEC.
(c) The County Administrator is hereby authorized
and directed to execute and deliver to the purchasers of the
Bonds the final Official Statement. The County shall arrange
for the delivery to the purchaser of the Bonds of a
reasonable number of printed copies of the final Official
Statement, within seven business days after the Bonds have.
been sold, for delivery to each potential investor requesting
a copy of the Official Statement and to each person to whom
the purchaser initially sells Bonds.
10. Official Statement Deemed Final. The County
Administrator is authorized, on behalf of the County, to deem
the Preliminary Official Statement and the Official Statement
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in final form, each to be final as of its date within the
meaning of the Rule, except for the omission in the
Preliminary Official Statement of certain pricing and other
information permitted to be omitted pursuant to the Rule.
The distribution of the Preliminary Official Statement and
the execution and delivery of the Official Statement in final
form shall be conclusive evidence that each has been deemed.
final as of its date by the County, except for the omission
in the Preliminary Official Statement of such pricing and
other information permitted to be omitted pursuant to the
Rule.
11. Preparation and Delivery of Bonds. After the Bonds
have been awarded, the Chair or Vice Chair and the Clerk or
Deputy Clerk of the Board are authorized and directed to take
all proper steps to have the Bonds prepared and executed in
accordance with their terms and to deliver the Bonds to the
purchaser thereof upon payment therefor.
12. Arbitrage Covenants. The County covenants that it
shall not take or omit to take any action the taking or
omission of which will cause any of the Bonds to be
"arbitrage bonds" (within the meaning of Section 148 of the
Internal Revenue Code of 1986, as amended, and regulations
issued pursuant thereto (the "Code")), or otherwise cause
interest on any of the Bonds to be includable in the gross
income for federal income tax purposes of the registered
owners thereof under existing law. Without limiting the
generality of the foregoing, the County shall comply with any
provision of law that may require the County at any time to
rebate to the United States any part of the earnings derived
from the investment of the gross proceeds of the Bonds,
unless the County receives an opinion of nationally
recognized bond counsel that such compliance is not required
to prevent interest on the Bonds from being includable in the
gross income for federal income tax purposes of the
registered owners thereof under existing law.The County
shall pay any such required rebate from its legally available
funds.
13. Non -Arbitrage Certificate and Elections. Such
officers of the County as may be requested by the County's
bond counsel are authorized and directed to execute an
appropriate certificate setting forth (a) the expected uses
and investment of the proceeds of the Bonds in order to show
that such expected uses and investment will not violate the
provisions of Section 148 of the Code and (b) any elections
such officers deem desirable regarding rebate of earnings to
the United States for purposes of complying with Section 148
of the Code. Such certificate shall be prepared in
consultation with the County's bond counsel, and such
elections shall be made after consultation with bond counsel.
14. Limitation on Private Use. The County covenants
that it shall not permit the proceeds of the Bonds or the
facilities financed therewith to be used in any manner that
would result in (a) 50 or more of such proceeds or facilities
being used in a trade or business carried on by any person
other than a governmental unit, as provided in Section 141(b)
of the Code, (b) 5% or more of such proceeds or facilities
being used with respect to any output facility (other than a
facility for the furnishing of water), within the meaning of
Section 141(b)(4) of the Code, or (c) 50 or more of such
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proceeds being used directly or indirectly to make or finance
loans to any persons other than a governmental unit, as
provided in Section 141(c) of the Code; provided, however,
that if the County receives an opinion of nationally
recognized bond counsel that any such covenants need not be
complied with to prevent the interest on the Bonds from being
includable in the gross income for federal income tax
purposes of the registered owners thereof under existing law,
the County need not comply with such covenants.
15. Continuing Disclosure Agreement. The Chair or Vice
Chair of the Board or the County Administrator, any of whom
may act, are hereby authorized and directed to execute �a
Continuing Disclosure Agreement setting forth the reports and
notices to be filed by the County and containing such
covenants as may be necessary to assist the purchaser of the
Bonds in complying with the provisions of the Rule
promulgated by the SEC. Such Continuing Disclosure Agreement
shall be substantially in the form attached as an appendix to
the draft Preliminary Official Statement circulated to the
Board prior to this meeting, with such completions,
omissions, -insertions and changes that are not inconsistent
with this Resolution. The execution thereof by such officers
shall constitute conclusive evidence of their approval of any
such completions, omissions, insertions and changes.
16. Deposit of Bond Proceeds. The County Treasurer is
authorized and directed to provide for delivery of the
proceeds of the Bonds to or at the direction of the County in
such manner as necessary to pay the costs of the Projects.
17. SNAP Investment Authorization. The Board hereby
authorizes the County Treasurer, in his, discretion, to
utilize the State Non -Arbitrage Program of the Commonwealth
of Virginia ("SNAP") in connection with the investment of the
proceeds of the Bonds. The Board acknowledges that the
Treasury Board of the Commonwealth of Virginia is not, and
shall not be, in any way liable to the County in connection
with SNAP, except as otherwise provided in the Contract.
18. Other Actions. All other actions of officers of
the County and the Board in conformity with the purposes and
intent of this Resolution and in furtherance of the issuance
and. sale of the Bonds and the financing of the Projects are
hereby approved and confirmed. The officers of the County
are hereby authorized and directed to execute and deliver all
certificates and instruments and to take all such further
action as- may be considered necessary or desirable in
connection with the issuance, sale and delivery of the Bonds
and the financing of the Projects.
19. Repeal of Conflicting Resolutions. All resolutions
or parts of resolutions in conflict herewith are repealed.
20. Effective Date. This'Resolution shall take effect
immediately.
And, further, the Board adopted the following resolution:
RESOLUTION APPROVING A PLAN TO FINANCE CERTAIN
PUBLIC FACILITIES PROJECTS THROUGH THE ISSUANCE OF
REVENUE BONDS BY THE ECONOMIC DEVELOPMENT AUTHORITY
OF THE COUNTY OF CHESTERFIELD
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WHEREAS, the Economic Development Authority of the
County of Chesterfield (the "Authority"), pursuant to the
Industrial Development and Revenue Bond Act (the "Act") under
which it is created, is authorized to exercise all the powers
set forth in the Act, which include, among other things, the
power to make loans to, among others, a county in furtherance
of the Act, to finance facilities for use by, among others, a
county, to issue its revenue bonds, notes and other
obligations from time to time for such purposes and to pledge
all or any part of its revenues and receipts derived from
payments, received by the Authority in connection with its
loans or from any source, as security for the payment of
principal of and premium, if any, and interest on any such
obligations;
WHEREAS, the Board of Supervisors (the "Board of
Supervisors") of the County of Chesterfield, Virginia (the
"County"), desires to undertake, in conjunction with the
Authority, the financing of the costs of capital improvements
for general governmental purposes, including but not limited
to (a) renovation of an animal control and. pet adoption
facility, (b) design, acquisition, construction and equipping
of a fire station and a library, (c) renovation and
conversion of a school building into a Parks and Recreation
facility and (d) design and construction of road improvements.
(collectively, the "2019 Project");
WHEREAS, the County desires to, finance the 2019 Project
by requesting the Authority to issue its Public Facility
Revenue Bonds (County Projects), Series 2019 (the "Bonds"),
and use the proceeds thereof to finance the 2019 Project;
WHEREAS, the Bonds will be secured by payments
appropriated from time to time by the Board of Supervisors
and payable to the Authority in accordance with the terms of
the Financing Agreement (as hereinafter defined);
WHEREAS, there have been circulated prior to this
meeting drafts of the following documents (collectively, the
"Documents"), proposed to be executed in connection with the
issuance and sale of the Bonds:
(a) An Agreement of Trust and a First Supplemental
Agreement of Trust (together, the "Trust Agreement"), each
between the Authority and U.S. Bank National Association, as
trustee (the "Trustee"), pursuant to which the Bonds are to
be issued;
(b) A Financing Agreement (the "Financing Agreement"),
between the Authority and the County, pursuant to which the
Authority will loan the proceeds of the Bonds to the County
and the County will undertake, subject to appropriation, to
make payments to the Authority in amounts sufficient to pay
the principal of and premium, if any, and interest on the
Bonds and certain other related costs;
(c) A Preliminary Official Statement of the Authority
relating to the public offering of the Bonds (the
"Preliminary Official Statement");
(d) A Notice of Sale (attached as an appendix to the
Preliminary Official Statement) (the "Notice of Sale")
(applicable only if the Bonds are sold through a competitive
sale); and
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(e) A Continuing Disclosure Agreement (attached as an
appendix to, the Preliminary Official Statement), pursuant to
which the County agrees to undertake certain continuing
disclosure obligations with respect to the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
1. The Board of Supervisors hereby finds that the
undertaking of the 2019 Project will be in the best interests
of the County and its citizens and hereby authorizes the
County,, in collaboration with the Authority, to undertake the
following plan of finance to accomplish the same. The
Authority will issue the Bonds in an aggregate principal
amount not to exceed $54,000,000. The Authority will use the
proceeds of the Bonds to finance the 2019 Project. Pursuant
to the Financing Agreement, the County will undertake to make
certain Basic Payments, and Additional Payments (each as
defined in the Financing Agreement) to the Authority in
amounts sufficient to amortize the Bonds, to pay the fees or
expenses of the Authority and the Trustee and to pay certain
other related costs. The obligation of the Authority to pay
principal of and premium, if any, and interest on the Bonds
will be limited to Basic Payments and Additional Payments
received from the County. The Bonds will be secured by an
assignment of the Basic Payments and certain Additional
Payments due under the Financing Agreement, all for the
benefit of the holders of the Bonds. The undertaking by the
County to make Basic Payments and Additional Payments will be
subject to the appropriation by the Board of Supervisors from
time to time of sufficient amounts for such purposes. The
plan of finance for the 2019 Project shall contain such
additional requirements and provisions as may be approved by
the County Administrator (such term as used herein to include
the County Administrator and the Deputy County Administrator
for Finance and Administration) and the Chair or "Vice -Chair
of the Authority.
. 2. The Board of Supervisors, while recognizing that it
is not empowered to make any binding commitment to make
appropriations beyond the current fiscal year, hereby states
its intent to make appropriations in future fiscal years in
amounts sufficient to make all payments due under the
Financing Agreement and hereby recommends that future Boards
of Supervisors do, -likewise during the term of the Financing
Agreement.
3. The Chair and Vice Chair of the Board of
Supervisors and the County Administrator, any of whom may
act, are hereby authorized and directed to execute the
Documents to which the County is a signatory, which shall be
in substantially the forms circulated prior to .this meeting.
Such forms of -the Documents are hereby approved, with such
completions, omissions, insertions and changes not
inconsistent with this Resolution as may be approved by the
officer signing such Documents, whose execution and delivery
thereof shall constitute conclusive evidence of such
officer's approval of any such completions, omissions,
insertions and changes.
4. In making completions to the Financing Agreement,
the County Administrator, in collaboration with Davenport &
Company LLC, the County's financial advisor (the "Financial
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Advisor"), and the Authority, shall provide for Basic
Payments in amounts equivalent to the payments principal of
and interest on the Bonds, which shall be sold to the
purchaser thereof on terms as shall be satisfactory to the
County Administrator; provided that the Basic Payments shall
be equivalent to the Bonds (a) maturing or subject to
mandatory sinking fund redemption in annual installments
ending no later than December 31, 2040; (b) having a "true"
or "Canadian" interest cost not exceeding 5.00' (taking into
account any original issue discount or premium); (c) being
subject to optional redemption, if at all, at a premium not
to exceed 2.000-o of the principal amount thereof; and
(d) being sold -to the purchaser thereof at a price not less
than 950 of the aggregate principal amount thereof (without
taking into account any original issue discount or premium).
The County Administrator is also authorized to approve a
lesser principal amount for the Bonds, a maturity schedule
(including serial maturities and term maturities for the
Bonds) and the redemption provisions of the Bonds, all as the
County Administrator shall determine to be in the best
interest of the County.
5. The Board of Supervisors approves the following
terms of the sale of the Bonds.
(a) The Bonds shall be sold through a competitive
sale or a negotiated sale, as the County Administrator, in
collaboration with the Financial Advisor and the Authority,
determines to be in the best interests of the County.
(b) If the County Administrator- determines that
the Bonds shall be sold by competitive sale, the County
Administrator is authorized to receive bids for such Bonds
and award such Bonds to the bidder providing the lowest
"true" or "Canadian" interest cost, subject to the
limitations set forth in Section 4. Following a competitive
sale, the County Administrator shall file a certificate with
the Authority and the Board of Supervisors setting forth the
final terms of the Bonds. The actions of the County
Administrator in selling the Bonds by competitive sale shall
be conclusive, and no further action with respect to the sale
and issuance of the Bonds shall be necessary on the part of
the Board of Supervisors.
(c) If the Bonds are sold by competitive bid, the
County Administrator, in collaboration with the Financial
Advisor, is authorized and directed to take all proper steps
to advertise the Bonds for sale substantially in accordance
with the form of the Notice of Sale, which is hereby
approved; provided that the County Administrator, in
collaboration with the Financial Advisor, may .make such
changes in the Notice of Sale not inconsistent with this
Resolution as he may consider to be in the best interests of
the County.
(d) If the County Administrator determines that
the Bonds shall be sold by negotiated sale, the County
Administrator is authorized, in collaboration with the
Financial Advisor and the Authority, to choose one or more
investment banks or firms to serve as underwriter(s) for the
Bonds and to execute and deliver to the underwriter(s) a bond
purchase agreement (the "Bond Purchase Agreement") in a form
to be approved by the County Administrator and the County
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Attorney, in consultation with the County's bond counsel and
the Financial Advisor. Following a negotiated sale, the
County Administrator shall file a copy of the Bond Purchase
Agreement with the records of the Board of Supervisors. The
actions of the County Administrator in selling the Bonds by
negotiated sale to the underwriter(s) shall be conclusive,
and no further action with respect to the sale and issuance
of the Bonds shall be necessary on the part of the Board of
Supervisors.
6. The 'Preliminary Official Statement in the form
circulated prior to this meeting is approved with respect to
the information contained therein (excluding information
pertaining to the Authority). The Board of Supervisors
hereby authorizes distribution of the Preliminary Official
Statement to prospective purchasers of the Bonds in a form
deemed to be "final" (within the meaning of the Rule) as of
its date, except for the omission of certain pricing and
other information permitted to be omitted pursuant to Rule
15c2-12 of the Securities and Exchange Commission (the
"Rule") and with such completions, omissions, insertions and
changes not inconsistent with this Resolution as may be
approved by the County Administrator. Such distribution
shall constitute conclusive evidence that the County has
deemed the Preliminary Official Statement to be "final"
(within the meaning of the Rule) as of its date, with respect
to the information therein pertaining to the -County. The
County Administrator is authorized and directed to approve
such completions, omissions, insertions and other changes to
the Preliminary Official Statement that are necessary to
reflect the terms of the sale of the Bonds, determined as set
forth in paragraph 4, and the details thereof and that are
appropriate to complete it as an official statement in final
form (the "Official Statement"), and distribution thereof to
the purchaser(s) of the Bonds shall constitute conclusive
evidence that the Board of Supervisors has deemed the
Official Statement "final" (within the meaning of the Rule)
as of its date. The County shall arrange for the delivery to
the purchaser of the Bonds of a reasonable number of printed
copies of the final Official Statement, within seven business
days after the Bonds have been sold, for delivery to each
potential investor requesting a copy of the Official
Statement and to each person to whom the purchaser. initially
sells Bonds.
7. Such officers of the County as may be requested by
bond counsel for the County are authorized and directed to
execute an appropriate certificate setting forth (a) the
expected use and investment of the proceeds .of the Financing
Agreement in order to show that. such expected use and
investmentwill not violate the provisions of , Section 148 of
the Internal Revenue Code of 1986, as amended (the "Code"),
and (b) any elections such officers deem desirable regarding
rebate of earnings to the United States for purposes of
complying with Section 148 of the Code. Such certificate
shall be prepared in consultation with bond counsel for the
County, and such elections shall be made after consultation
with bond counsel.
8. All costs and expenses in connection with the
financing of the 2019 Project and the issuance of the Bonds,
including the Authority's fees and expenses and the fees and
expenses of bond counsel, counsel for the Authority, and the
Financial Advisor for the sale of the Bonds shall be paid
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from the proceeds of the Bonds or other legally available
funds of the County. If for any reason the Bonds are not
issued, it is understood that all such expenses shall be paid
by the County from its legally available funds and that the
Authority shall have no responsibility therefor.
9. Any authorization herein to execute a document
shall include authorization to deliver it to the other
parties thereto and, if applicable, to record such document.
10. All other acts of the County Administrator and
other officers of the County that are in conformity with the
purposes and intent of this Resolution and in furtherance of
the issuance and sale of the Bonds and the financing of the
2019 Project are hereby approved and ratified.
11. This Resolution shall take effect immediately.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.7. APPROVAL OF SCHOOLS' FY2019 YEAR-END ADJUSTMENTS
AND RESERVE REQUESTS
Mr. Rodney Martin stated the reason he had the item removed
from the Consent Agenda was due to the document from the
school system which outlines some of the savings was withheld
from the public until the meeting started. He inquired about
school expenditure savings related to turnover and a lag in
hiring.
Ms. Brenda Stewart inquired about accountability relative to
the expiration of the bus lease contract and the request of
the School Board to have remaining funds reserved and re -
appropriated to purchase replacement buses.
Ms. Haley indicated these topics were discussed, at length,
in the afternoon work session.
In response to the speakers' concerns, Ms. Coates stated the
SRP reserve is for an additional contribution to the trust
fund. She further stated reserve requests in Table B details
the specifics of where and when each item needs to be reserve
or re -appropriated. She stated to the extent that year-end
results are more favorable than expected, it is the request
of the School Board to have remaining funds above the
projected $8.3 million, up to $1.4 million reserved and re -
appropriated into FY2020 to purchase replacement buses. She
further stated any funding that materializes above what is
detailed and described in Table B should be reserved in the
general fund for future school revenue stabilization needs.
She stated carry forward reserve requests presented in Table
C asks for the re -appropriation and reservation of $3.7
million of funds that support ongoing activities that will
continue into FY2020, including $1.7 million for replacement
buses. She noted the timing of the expiration of the bus
lease contract is unfortunate, but not related to the
requests before the Board.
Mr. Holland suggested analyzing the fixed -asset ledger and
age and mileage of the school buses. He stated it is the
county's responsibility to maintain all assets with respect
to who uses them, schools or county.
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In response to Mr. Elswick's questions, Ms. Coates stated the
$1.4 million hoped to materialize at year-end would be the
funds needed to makeup to cover the overages in 'other areas
of.transportation.
Discussion ensued relative to categorical appropriation
abilities of the Board of Supervisors relative to the budget
adoption, specifically bus replacement, salaries for bus
drivers and school start times.
Ms. Jaeckle inquired about deferring action in order to give
the school division time to provide additional feedback
relative to the issue.
Mr. Holland concurred with Ms. Jaeckle's recommendation,
unless compelling reasons make it impossible to delay action.
Mr. Harris stated there is some precedent for the Board of
Supervisors to intervene and send assignments down a
different path. He. noted funds in reserves totaling $8.3
million are not available until the audit is complete.
Ms. Coates stated items that would need immediate action by
the Board of Supervisors would be recommended appropriation
adjustments and carry forward reserve requests.
Discussion ensued relative to withholding action of
appropriating reserve , requests, specifically SRP and
Healthcare Fund contributions, as well as .arrangements to
establish a plan with.the school division.
On motion of Ms. Jaeckle, seconded by. Mr. Winslow, the Board
approved Table A and C (embedded in the item) and deferred
consideration of Table B for 30 days.
Discussion ensued relative to the motion.
Ms. Haley called for a vote on Ms.' Jaeckle's motion, seconded
by Mr. Winslow, for the Board to approve Table A and C
(embedded in the item) and deferred consideration of Table B
for 30 days.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
13.B.15. APPROVAL OF GRANT AGREEMENT WITH SHAMIN HOTELS,
INC.
Mr. Phil Lohr expressed concerns relative to the lack of
details provided to county taxpayers. He stated a $30
million -dollar investment at Stonebridge deserves more
scrutiny.
Mr. Rodney Martin expressed concerns relative to the current
structure of the county's Economic Development. Authority and
the return on investment.
Ms. -Danielle Fitz-Hugh,, president of the Chesterfield Chamber
of Commerce, endorsed the,agreement and stated the county is
working to help identify and remove barriers to expansion and
proactively encourage business to stay and expand in
Chesterfield County.
Mr. Jay Lafler, a former manager of Cloverleaf Mall and
chairman of the Community Development Authority, voiced his
support of the grant agreement with Shamin Hotels, Inc. and
stated nothing could be better for eastern Midlothian.
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Mr. Sonny Currin voiced his support of the grant agreement
with Shamin Hotels, Inc. to build at Stonebridge and staff's
recommendation to the Board of Supervisors.
Mr. Sam West also endorsed the grant agreement with Shamin
Hotels, Inc. and commended the Amin Family for their positive
interest in the community.
Mr. Matt Harris noted the topic was covered extensively in
the Board's afternoon work session. He noted in exchange for
building a full-service hotel and conference center at the
former Cloverleaf site, the county has agreed to refund the
taxes generated by the project to help cover the construction
costs. He stated the grant agreement will also pay annually,
subject to non -appropriation, a grant associated with ,the
construction of retail, residential, or entertainment
development at Stonebridge. He further stated that part of
the grant will be based on the real estate and sales taxes
generated from such properties and decline over a 10 -year
period as follows: 80 percent of such tax revenue for years
1-7 after certificates of occupancy; 60 percent for year 8;
40 percent for year 9; and 20 percent for year 10. He stated
the grant will encourage Shamin to locate its new
headquarters at Stonebridge or somewhere else in the county
by providing a reimbursement up to $2 million for the
acquisition of a site at Stonebridge or somewhere else in the
county. He noted the grant will provide Shamin an amount not
to exceed $552,324 from existing road funds for costs
associated with road improvement constructed at Stonebridge.
He stressed the importance of sports tourism generated
dollars in economic activity and local tax revenue annually.
Ms. Haley stated the Board has continued to emphasize
reinvestment in current businesses and helping those
businesses grow and expand. She further stated a convention
center is not just an economic impact from the aspect of
individuals staying in hotel rooms, but also from the
economic benefit to the region when they visit associated
businesses and restaurants. She noted the lack of hotels in
areas of Chesterfield County.
Ms. Jaeckle stated the county is fortunate the Amins are
interested in the Stonebridge site and noted the competition
to have them build the project on the Richmond side of
Chippenham. She also noted the county is not fronting any
money for the project and the taxpayers are not at risk.
In response to Mr. Winslow's question, Mr. Harris stated the
absolute worst-case scenario that Shamin does not build the
hotel and conference center, the county's lone investment
would be in the funding for road improvements.
Mr. Holland stressed the' need for hotels in areas of
Chesterfield County. He stated there are always stipulations
in agreements that he reviews as a Certified Public
Accountant and has concerns with. He noted a 'significant
distinction between the county's deal with Shamin Hotels Inc.
and the failed investment in SportsQuest.
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
approved a grant agreement with Shamin Hotels, Inc.
Ayes: Haley, Jaeckle, Winslow and Holland.
Nays: Elswick.-
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06/26/19
14. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Brenda Stewart expressed concerns relative to funding of
the school division's Supplemental Retirement Plan (SRP). She
stated the county has been. and continues to provide millions
of added dollars annually to the school division for the SRP
despite the clear intent and confirming records that the
program was to be funded by salary savings.
Mr. Rodney Martin expressed concerns relative to ,specifics of
the Shamin Hotel, Inc. grant agreement and other. issues
related to the school division.
In response to Mr. Martin's concerns regarding the grant
agreement, Mr. Harris stated there has been an option
agreement on the property for some time and extensions have
been applied as the agreement was drafted.
15. DEFERRED ITEMS
There were no Deferred Items at this time.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 18
199MOSAI
In Matoaca Magisterial District, Chesterfield DD, Inc.
(project commonly known as Madison Crossing) requests
amendment of zoning approval (Case 13SN0110) relative to cash
proffers, road improvements and utilities contribution and
amendment of zoning district map in a Residential Multifamily
(R -MF) District on 85.9 acres fronting 460 feet on the south
line of Hull Street Road, across from Cosby Road. Density
will be controlled by zoning conditions or Ordinance
Standards. The Comprehensive Plan suggests the property is
appropriate for Medium -High Density Residential (minimum 4.0
to 8.0 dwellings per acre), Suburban Residential I (maximum
2.0 dwellings per acre) and Neighborhood Business uses. Tax
IDs 717-669-2537; 717-670-1030, 1751, 2877, 5998, and 8050.
Mr. Gillies presented a summary of Case 19SN0581 and stated
both the -Planning Commission and staff recommended approval
and acceptance of the proffered conditions. He noted an
amendment was submitted after advertisement of the ,case and
the Board would need to unanimously suspend its rules to
consider the case.
Mr. Jack Wilson, representing the applicant, accepted the
recommendation.
Ms.'Haley called for public comment.
There, being no one to speak to the issue, the public hearing
was closed.
19-355
06/26/19
In response to Mr. Elswick's question, Mr. Jesse Smith stated
the developer will construct a sidewalk along the north side
of Ashbrook Parkway as part of the 300 units.
Mr. Elswick made a motion, seconded by Ms. Jaeckle, for the
Board to suspend its rules to allow for consideration of the
amended proffered condition, approve Case 19SN0581 and accept
the following proffered conditions:
The property owner and applicant in this case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors and assigns, proffer that the
property under consideration ("the , Property") will be
developed according to the following proffers if, and only
if, the request submitted herewith is granted with only those
conditions agreed to by the owner and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owner and applicant, the proffers - shall
immediately be null and void and of no further force or
effect.
The Applicant hereby amends Proffered Condition 3 of Case
13SN0110 to read as follows:
1. Road Cash Proffers
a. The applicant, sub -divider, or assignee(s) shall
pay $5,922 for each townhouse dwelling unit, $5,640
for each multifamily dwelling unit and $2,914 for
each age -restricted (apartment) dwelling unit to
the County of Chesterfield for road improvements
within the service district for the property (the
"Cash Proffer Payments").
b. Each payment shall be made prior to the issuance of
a building permit for a dwelling unit unless state
law modifies the timing of the payment. Should
Chesterfield County impose impact fees at any time
during the life of the development that ar.e
applicable to the property, the amount paid in cash
proffers shall be in lieu of or credited toward,
but not in addition to, any impact fees, in a
manner determined by the County.
C. At the option of the Transportation Department,
Cash Proffer Payments may be reduced for the cost
of road improvements, other than those road
improvements identified in Proffered Condition 3 of
Case 19SN0581 and Proffered Condition 9 of Case
13SN0110, provided by the applicant, sub-
divider, or assignee(s) as determined by the
Transportation Department. (B&M and T)
The Applicant hereby amends Proffered Condition 5 of Case
13SN0110 to read as follows:
2. Prior to the issuance of the first building permit for
each Tract, the Developer shall make payments to
Chesterfield County in the amount of $456.00 per acre
adjusted annually for the Marshal Swift Index as a
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06/26/19
contribution towards the expansion of the Dry Creek
Wastewater Pump Station. (U)
The Applicant hereby amends Proffered Condition 8 of Case
13SN0110 to read as follows:
3. Road Improvements.
A. With initial development on Tract A or Tract B,
whichever occurs first, the following improvements
shall be completed, as determined by the
.Transportation Department:
i. Construction of two lanes of Ashbrook Parkway to
VDOT urban minor arterial standards with a 40
mph design speed, with any modifications
approved by the Transportation Department, from
its terminus approximately 1,000 feet east of
Hampton Park Drive through the Property to the
Resource Protection Area ("RPA") limits at the
eastern Property line. The exact length,
location and design of this improvement shall be
approved by the Transportation Department.
ii. Construction of a sidewalk along the north side
of Ashbrook Parkway from the western Property
line through the Property to the ' Resource
Protection Area (RPA) limits at the eastern
Property line.
iii. Dedication, free and unrestricted, to and for
the benefit of Chesterfield County, of any
additional right-of-way (or easements) required
for these improvements.
B. With initial development of Tract A,' the following
improvements shall also be completed, as determined
by the Transportation Department:
i. Construction of an additional lane of pavement
along the eastbound lanes of Route 360 for the
entire Property frontage.
ii. Construction of additional pavement along the
westbound lanes of Route 360 to provide an
adequate left turn lane, as determined by the
Transportation Department, at the existing
crossover that aligns the approved access.
iii. Construction of additional pavement along the
eastbound lanes of Route 360 at -the approved
access to provide a separate right turn lane.
iv. Construction of a sidewalk along the south side
of Route 360 for the entire Property frontage.
V. Dedication, free and unrestricted, to and for
the benefit of Chesterfield County, of any
additional 'right-of-way (or easements) required
for these improvements.
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06/26/19
C. With development of Tract B or Tract C, the following
improvements shall also be completed, as determined
by the Transportation Department:
i. Construction of left and right turn lanes or
roundabouts along Ashbrook Parkway, as approved
by the Transportation Department, at each
approved access as described in Proffered
Condition 6.B. of Case 13SN0110. (T)
4. Dwelling Unit Phasing.
Prior to issuance of an occupancy permit for any
development within- Tract A or prior to issuance of a
cumulative total of more than 300 occupancy permits
within Tracts B and C, as identified on the Master Plan,
the following improvements shall be completed, as
determined by the Transportation Department:
A. Construction of two lanes of Ashbrook Parkway, from
its eastern terminus as set forth in Proffered
Condition 3.A.i. herein to its terminus at Shady
Banks Drive; and
B. Construction of a sidewalk along the north side of
Ashbrook Parkway, from its eastern terminus as set
forth in Proffered Condition 3.A.ii. herein to the
Ashbrook Parkway/Ashlake Parkway intersection;
exclusive of the area of the proposed structure
that crosses the stream located along the eastern
Property line. In the area of the proposed
structure, a paved shoulder shall be provided, as
determined by the Transportation Department. (T)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
1Qcungq7
In Midlothian Magisterial District, Lipscomb Real Estate
Holdings, LLC requests rezoning from Agricultural (A) to
Corporate' Office (0-2) plus conditional use planned
development to permit exceptions to ordinance requirements
and amendment of zoning district map on 1.2 acres fronting
215 feet on the north side of Midlothian Turnpike 165 feet
west of Old Otterdale Road. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Suburban
Commercial uses. Tax ID 723-709-8612.
Mr. Gillies presented a summary of Case 19SN0557 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Kerry Hutcherson, representing the applicant, accepted
the recommendation.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
19-358
06/26/19
On motion of Ms. Haley, seconded by Mr. Elswick, the Board
approved Case 19SN0557 and accepted the following proffered
conditions:
The -Applicant in this case, pursuant to Section 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for itself and its
successors or assigns, proffer that the property under
consideration in this case ("the Property") will be used
according to the following proffer(s) if, and only if, the
request submitted herewith is granted with only those
conditions agreed to by the Applicant. In the event this,
request is denied or approved with conditions not agreed to
by the owners and Applicant, the proffer shall immediately be
null and void and of no further force or effect.
1. Access. Direct vehicular access from the Property to
Midlothian Turnpike (Route 60) shall be limited to one
(1) entrance/exit, generally located towards the western
property line, with the exact location of this access to
be approved by the Transportation Department. (T)
2. Road Improvements. Prior to the issuance of an occupancy
permit, the following road improvements shall be
completed, as determined by the Transportation
Department:
a. Close and remove the existing Route 60 crossover
located across from the Property.
b. Construction of a minimum five (5) foot wide VDOT
standard sidewalk along the entire Property
frontage to Route 60, with modifications approved
by the Transportation Department.
C. Dedication, free and unrestricted, to and for the
benefit of Chesterfield County, of any additional
right-of-way (or easements) required for these
improvements. (T)
3. Architectural Design. The architectural design of any
building constructed on the Property. shall generally
conform to those elevations made by Douglas Bollinger &
Associates, Inc., entitled "LIPSCOMB OFFICE BUILDING,"
and attached hereto as EXHIBIT A. (BI and P)
4. Master Plan. The Textual Statement, dated April 18,
2019, together with the conceptual layout plan made by
Townes Site Engineering, entitled "PROPOSED IMPROVEMENTS
14290 MIDLOTHIAN TURNPIKE," and attached hereto as
EXHIBIT B, shall be considered the Master Plan. (P)
5. Landscaping and Street Lighting Design. The applicant
or developer shall be responsible for providing street
lighting and landscaping on the Property that generally
conforms to the standards set forth in the Village of
Midlothian Technical Manual. (P)
6. Connection to County Water/Sewer. The applicant or
developer shall connect the Property to County water and
sewer at -time of construction. (U)
7. Signage. Any freestanding sign located on the Property
shall be a monument -style sign, with a maximum copy area
of fifty (50) square feet and a maximum height of eight
(8) feet. (P)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
19-359
06/26/19
l acsvngaa
In Matoaca Magisterial District, Hancock Village Investment
Co. LLC (project commonly known as Hancock Village) requests
amendment of zoning approvals •(Cases 97SN0291 and 18SN0612)
relative to uses, master plan and density, and amendment of
zoning district map in a Community Business (C-3) District on
16.8 acres located at the northeast quadrant of Ashlake and
Ashbrook Parkways, northwest corner of Winterpock Road and
Ashbrook Parkway and fronting 2,650 feet along the north line
of Ashbrook Parkway. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Community Business
use. Tax ID 722-670-0309.
Mr. Gillies presented a summary of Case 19SN0599 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Darren Spouse, representing the applicant, accepted the
recommendation.
In response to Mr. Mincks' question, Mr. Spouse stated he
believes.the conditions proffered are reasonable under state
law.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Elswick,,seconded by Ms. Jaeckle, the Board
approved Case 19SN0599 and accepted the following proffered
conditions:
With the approval of this request, Proffered Condition 5 of
Case 97SN0291 and Proffered Conditions 3 and 4 of Case
18SN0612 shall be amended as outlined below. All other
conditions of Cases 97SN0291 and 18SN0612 shall remain in
force and effect.
The Applicant amends Proffered Condition 5 of Case 97SN0291
to read as.follows:
1. Permitted Uses.. The- uses permitted on the
southernmost portion of the property shall be
limited to offices (business, governmental, medical
and professional), day care centers, office
warehouses, residential townhouses (R-TH) and/or
residential multi -family (R -MF). (P)
The Applicant amends Proffered Condition 3 of Case 18SN0612
to read as follows:
2. Master Plan. The Textual Statement, last revised
February 13, 2019 and the Conceptual Plan ,(Exhibit
A) last revised March 29, 2019 and prepared by HG
Design Studio, shall be considered the Master Plan.
The site shall be designed as generally depicted on
the Conceptual Plan; provided, however the exact
location of the dwellings, streets, common areas,
and other improvements may be modified provided
that the general intent of the Conceptual Plan is
maintained. The focal point, inclusive of the
19-360
06/26/19
clubhouse and related patio, as well as the
pedestrian connection to the adjacent Shopping
Center, shall be maintained in the general location
as shown on the Conceptual Plan. In the event the
residential multi -family (R -MF) is not constructed,'
then the developer shall have the right to
construct residential townhouse (R-TH) units. The
far west corner of the property, which is- 1.24
acres, shall maintain the right to have office
uses, as described in Proffered Condition 2 of Case
18SN0612, as well as residential multi -family and
townhouse uses. If Applicant desires in the future
to change the uses and/or residential unit types as
depicted on the Conceptual Plan to something other
than all -condominiums, then a revised Conceptual
Plan shall be presented to the Planning Commission
for review and approval. (P)
The Applicant amends Proffered Condition 4 of Case 18SN0612
to read as follows:
3. Density. The number and location of the various
unit types shall. be identified on all approved
plans. The density shall be as outlined below.
a. The maximum number of residential multi -family
(R -MF) units, or a combination of the two
product types (R -MF and R-TH), shall not
exceed 154 units.
b. In the event the residential multi -family (R-
MF) units are not constructed, the maximum
number of residential townhouse (R-TH) units
shall not exceed 92 units.
C. If office uses are provided, the permitted
uses shall not exceed 6,200 gross square feet
on 1.24 acres. (P)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
19SN0600
In Bermuda Magisterial District, In Su Chang and Gregory B.
Marion (project commonly known as Wrexham Hall) request
conditional use to permit a business (special events and bed
and breakfast) incidental to a dwelling and amendment of
zoning district map in a Residential (R-12) District on 2.6
acres known as 10301 Old Wrexham Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Suburban Residential II use. Tax ID,774-661-8804.
Mr. -Gillies presented a summary of Case 19SN0600 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Mr. Gregory Marion accepted the conditions.
Ms. Haley called for public comment.
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06/26/19
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
approved Case 19SN0600, subject to the following conditions:
1. This Conditional Use shall be granted to Gregor B.
Marion, Carol M. Marion and their immediate family
members only ("Owners"), and shall not be
transferable nor run with the land. (P)
2. Other than Gregory B. and Carol M. Marion and persons
residing in the home, a maximum of eight (8) employees
shall be engaged in the special events business. (P)
3. The days and hours the special events business may be
open to the public shall be:
a. Between 9:00 a.m. and 9:00 p.m. on Sundays through
Thursdays;
b. Between 9:00 a.m. and 11:00 p.m. on Fridays and
Saturdays. (P)
4. No vendor deliveries shall be permitted before 9:00
a.m. and after 6:00 p.m. (P)
5.- Other than normal maintenance and cosmetic
enhancements, there shall be no exterior additions or
alterations to existing structures, nor any new
construction, to accommodate this use. This does not
restrict the Owners from periodic use of tents for
special events and does not prevent the Owners from
providing necessary accommodations for the
handicapped such as ramps. (P)
6. There shall be no more than 200 individuals,
exclusive of employees and persons who reside in the
home, onsite at any one (1) time. (P)
7. A minimum of one (1) security officer for each 100
persons in attendance shall be provided at all
special events to direct traffic into and out of the
property and to monitor the lawful conduct of guests
attending the event. (P)
8. Outdoor music and sound equipment shall not be
permitted. (P)
9. One (1) freestanding sign not to exceed four (4)
square feet in area and a height of forty (40) inches
shall be permitted to identify these uses. Such sign
shall be externally illuminated only. (P)
10. No freestanding lighting shall exceed twenty (20)
feet in height. (P)
11. There shall be no direct vehicular access from the
property to Centralia Road. Direct vehicular access
from the property to Old Wrexham Road shall be
limited to one (1) entrance/exit. The exact location
of this access shall be approved by the
Transportation Department. (T)
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06/26/19
12. All parking areas shall have a minimum setback of
fifty (50) feet. This setback shall be landscaped so
as to minimize the view of parking areas from
- adjacent properties. Within 30 days of the approval
of this request, the Owners shall submit a
landscaping plan to the Planning Department for
review and approval. Such landscaping shall be
installed within 90 days of approval. (P)
13. A twenty-five (25) foot buffer shall be maintained
along the southern and eastern property boundaries.
Only passive uses associated with the business shall
be permitted within the buffer areas. These buffer
areas shall be landscaped so as to minimize the view
of the facilities from adjacent properties. Within 30
days of. the approval of this request, the Owners
shall submit a landscaping plan to the Planning
Department for review and approval. Such landscaping
shall be installed within 90 days of approval. (P)
14. A maximum of four (4) bedrooms shall be occupied by
lodgers of the bed and breakfast facility. Occupancy
shall be restricted to a maximum of sixteen (16)
lodgers at any one (1) time. (P)
15. The bed and breakfast use may be open to the public
daily within a check-in time from 10:00 a.m. to 9:00
p.m. and a check-out time of noon. (P)
16. A minimum of fifty (50) gravel parking spaces shall
be provided on-site. Within 30 days of the approval
of this request, a parking plan shall be provided to
the Planning Department for review and approval.
Gravel resurfacing and directional signage, where
determined necessary, shall be installed within 60
days of the approval. (P)
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
19SN0604
In Bermuda Magisterial District, Chesterfield County Board of
Supervisors requests conditional use planned development to
permit renewal of a temporary manufactured home permit (Case
11SN0189) allowing the Board to consider an approval period
beyond seven years and amendment of zoning district map in a
Residential (R-7) District on 0.3 acre known as 10041
Beaumont Avenue. Density is approximately 3.3 units per acre.
The Comprehensive Plan suggests the property is appropriate
for Suburban Residential II use (2.0 to 4.0 dwellings per
acre). Tax IDs 793-666-2611 and 2806.
Mr. Gillies presented a summary of Case 19SN0604 and stated
both the Planning Commission and staff recommended approval,.
subject to the conditions.
Ms. Janet Amos accepted the conditions.
Ms. Haley called for public comment.
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06/26/19
There being no one to speak to the issue, the 'public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Winslow, the Board
approved Case 19SN0604, subject to the following conditions:
1. Non -Transferable Ownership: This conditional use planned
development approval shall be granted exclusively to Roy
Hollins, Janice Amiss, and/or Austin Hollins Denny and
shall not be transferable with the land. (P)
2. Occupancy: Roy Hollins, Janice Amiss and/or Austin
Hollins Denny shall be the owners of the manufactured
home. Occupancy shall be limited to Austin Hollins
Denny. (P)
3. Time Limitation: This conditional use planned
development approval shall be granted for a period not
to exceed ten.(10) years from the date of approval. (P)
4. Building Additions and Foundation Skirting: No
permanent -type living' space may be added to the
manufactured home. This manufactured home shall be
skirted but shall not be placed on a permanent
foundation. (P)
5. Fence: No fence shall be, permitted within the front
yard (area between Velda Road and the front facade of
'the home) . ( P )
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
19SN0564
In Clover Hill Magisterial District, Chesterfield County
General Services (project commonly known as Chesterfield
Career and Technical Center) requests conditional use planned
development to permit an unmanned automobile self-service
station and amendment of zoning district map in a Residential
(R-7) District on 49.3 acres known as 13900 Hull Street Road.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Community Business use. Tax ID 726-673-1225.
Ms. Jane Peterson presented a summary of Case 19SN0564 and
stated a vehicle refueling site to service Chesterfield
County and Chesterfield County Public School vehicles is
planned. She further stated the proposed site would occupy
approximately 0.3 acres northwest of the parking area for the
Chesterfield County Public Schools Career and Technical
Center. She stated the applicant indicates this location will
reduce the mileage to existing facilities located on Walmsley
Boulevard and the County Government Complex, as well as the
cost of using retail sites. She further stated the proposal
includes two 10,000 -gallon above ground fuel tanks and two
1,000 -gallon above ground propane tanks and would be
available, with limited hours for fuel vendors servicing the
tanks. She stated a Resource Protection Area is located just
west of the proposed facility and would serve as a buffer
between the facility and the closest adjacent properties to
the west. She noted both the Planning Commission and staff
recommended approval, subject to the conditions.
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06/26/19
Mr. Clay Bowles, Director of General Services; provided a
summary of the proposal and highlighted the site overview. He
stated as conditioned, facility improvements would be located
no closer than 110 feet from the western parcel boundary. He
further stated conditions would provide for supplementation
of vegetation, as needed, to minimize views of the facility
from the north and west as determined through site plan
review. He stated the Public Facilities Plan recommends
location of fleet maintenance facilities where. convenient to
fleet users, and with at least oneaccess to a collector or
major arterial road. He further stated. the plan also
encourages joint -use agreements between school and county
agencies for use of school facilities and grounds. He stated
the proposed vehicle fueling station site is located adjacent
to the .existing track and football field. He further stated
the majority of the proposed fueling station site and
associated access is covered with gravel and is currently
used for overflow parking and storage.. He stated Chesterfield
Fire and EMS is fully trained and equipped to provide
comprehensive response in the event of emergency or hazardous
materials incident. He then reviewed the tanks and secondary
containment which are concrete encased. and double -walled
steel; contain automatic continuous leak sensing,
audible/visual alarms for sudden loss of fuel, leaks and
overfills; fleet staff supervises fuel deliveries for safety
compliance; and breakaway hoses with quick -disconnects .will
be installed. He stated the tanks are compliant with
stringent Underwriters Laboratories Inc. standard UL -2085,
the nationally recognized safety standard for Protected
Aboveground Tanks for blast, fire, and ballistic impact
protection. He then highlighted environmental safeguards and
stated a Resource Protection Areas Designation was completed
and reviewed and confirmed by the Department of Environmental
Engineering - Water Quality Section. He noted the county has
operated a tank safety program for over 15 years for over 200
above ground tanks in 7 different departments with no history
of vandalism, fires, explosions or significant spills. He
stated tanks will be locked and secured with full -enclosure
on all sides. In closing, he reviewed -visibility and noise
relative to the fueling station, as 'well as third party
review findings.
In response to Mr. Holland's questions, Mr. Bowles stated the
county has three existing facilities used, by Chesterfield
County and Chesterfield County Public School vehicles. He
further stated the proposal includes two 10,000 gallon above
ground fuel tanks and two 1,000 gallon above ground propane
tanks. He stated Voyager Fleet fuel cards are available to
purchase gasoline or diesel fuel; however, costs are inflated
relative to fueling amounts.
Ms. Haley called for public comment.
Ms. Candace Graham, Woodlake resident, voiced her opposition
of zoning for installation of the fueling station,
specifically environmental impacts from possible tank leaks,
anticipated number of vehicles using the site, additional
traffic on Hull Street Road and noted her preference for an
alternate location away from residential areas.
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06/26/19
Ms. Candace Street, Harbour Bluff resident, urged the Board
to deny the proposal and noted concerns relative to safety of
above -ground fuel tanks in proximity to residential uses,
additional traffic on Hull Street Road, watershed integrity
and the potential effects on the drinking water supply, and
noted her preference for an alternate location away from
residential areas.
Ms. Eileen Slade, Woodlake resident, urged the Board to deny
the conditional use permit •to install above ground fuel
storage units on the watershed at Clover Hill Technical
Center, based on insufficient cost justification for the
project.
Discussion ensued relative to time allotted for speakers.
Mr. Eugene Street expressed concerns relative to
environmental impacts from possible tank leaks in proximity
to the Swift Creek Reservoir, watershed integrity and
potential effects on the drinking water supply.
Dr. Peggy Myles, Matoaca resident, urged the Board to deny
the proposal and noted concerns relative to the safety of
above -ground fuel tanks in proximity to residential uses,
noise, fumes and odor from additional bus traffic, watershed
integrity, emergency response times/evacuations for events at
an unmanned facility, and shallow setbacks insufficient to
screen visibility of the facility in the winter.
Ms. Kim Barbowitz, Matoaca resident, expressed concerns
relative to safety of the above -ground fuel tanks in
proximity to residential and daycare uses, insufficient
setbacks of the facility, noise, fumes and odor from
additional bus traffic and impact on area homes sales. She
noted her preference for an alternate location away from
residential uses.
Ms. Marni Pilafian, chair of the Woodlake Environmental
Committee, expressed concerns relative to environmental
impacts, containment, proximity to RPA/wetlands in
conjunction to the proposal and safety of above -ground fuel
tanks in proximity to residential and daycare uses.
Mr. Buddy Davis, Matoaca resident, expressed concerns
relative to proximity to residential uses, impact on area
home sales and noise from additional bus traffic. He urged
the Board to deny the proposal.
Ms. Marie Stella, Brandermill resident, urged the Board to
deny the conditional use permit to install above ground fuel
storage units on the watershed at Clover Hill Technical
Center, based on insufficient safety and environmental
analysis.
Mr. Tom Davies, Harbour Bluff resident, expressed concerns
relative to safety of above -ground fuel tanks in proximity to
residential _and daycare uses, environmental impacts from
possible tank leaks in proximity to the Swift Creek
Reservoir, and fumes and odor from additional bus traffic.
Ms. Margaret Mariota, Matoaca resident, finished reading Ms.
Stella's comments pertaining to air contamination, earthquake
impact and other possible dangers relative to the proposal.
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06/26/19
Mr. Fred (inaudible), Matoaca resident, expressed concerns
relative to environmental impacts from possible tank leaks in
proximity to the Swift Creek Reservoir, watershed integrity
and' potential effects on the drinking water supply. He urged
the Board to deny the request.
Mr. Dan Cameron, Harbour Pointe resident, noted his
preference for alternate location away from residential areas
and expressed concerns relative to noise generated by
additional bus traffic and environmental impacts from
possible tank leaks and the proximity to the Swift Creek
Reservoir.
Ms. Elizabeth Costantino finished reading Ms. Eileen Slade's
comments pertaining to insufficient cost justification of the
project and expressed her own concerns relative to potential
effects on the drinking water supply.
Ms. Beth Stinger -Norton, Woodlake resident, expressed
concerns relative to insufficient cost justification of the
project and environmental impacts from possible tank leaks
and the proximity to the Swift Creek Reservoir. She urged the
Board to deny the proposal.
Mr. Tom Pakurar, Harbour Pointe resident, expressed concerns
relative to safety of above -ground fuel tanks in proximity to
residential and daycare uses and recommended putting the fuel
station on county -owned property at the Northern Area
Convenience Center on Warbro Road.
Ms. Genevieve Dickerson, Brandermill resident, urged the
Board to deny the request and expressed concerns relative to
safety of above -ground fuel tanks in proximity to residential
and daycare uses, watershed integrity and potential effects
on drinking water supply.
There. being no one else to speak to the issue, the public
hearing was closed.
In response to Ms. Jaeckle's question regarding anticipated
utilization, Mr. Bowles stated actual transactions incurred
on Voyager Fleet fuel cards are determined by location and
then compared to the closet county fueling site to include
the proposed location. He further stated if CTC Hull was the
closet location the difference in price was factored.
In response to Ms.-Jaeckle's questions, Mr. Craig Willingham,
Fleet Manager, stated extra mileage was not considered in the
anticipated utilization of the bus fleet. He further stated
he did not estimate the average mile per gallon of each bus.
He noted -he is not familiar with estimated levels of fuel
evaporation emitted from gas stations.
In response to Ms. Jaeckle's question, Mr. Bowles stated the
cost estimate of the station would be between $350,000 and
$400,000.
Ms. Jaeckle expressed concerns relative to lack of input
provided by bus drivers.
In response to Ms. Jaeckle's concerns, Mr. Bowles stated the
only feedback received from the school division was data
received from various county departments for planning
purposes, not input from bus drivers.
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In response to Ms. Haley's questions, Mr. Scott Smedley,
Director of Environmental Engineering, stated from an
environmental protection standpoint, there are layer upon
layer upon layer of protective measures, which are above and
beyond standards. He then reviewed the environmental
safeguards of the fuel tanks which include spill prevention,
control and countermeasures. He stated tanks are built inside
a spill containment area with protective bollards and the
sloped design ensures drainage away from the Resource
Protection Area. He further stated the fuel tanks have a cap
during normal storage that only vents under extreme pressure.
In response to Ms. Haley's questions, Mr. Bowles stated
training for spill response is provided for employee users of
the site and delivery drivers, as well as spill kits at the
fuel island. He further stated there is no history of
vandalism, fires, explosions or significant spills at any
county fueling site.
In response to Mr. Elswick's question, Fire Chief Loy Senter
stated in the event of an emergency at the proposed facility,
based on the severity of an incident, certain protocols would
be put in place from the closet station. He further stated a
HAZMAT team would be dispatched if necessary with additional
equipment to incapsulate a spill area, as well as significant
foam capabilities. He noted he has no concerns about the
proposed facility and the Fire Department's ability to
respond in the event of an emergency.
Assistant Chief Keith Chambers stated he researched 3 years
of information relative to fueling stations. He further
stated 23 of 71 incidents were actual spills of less than 20
gallons. He noted none of those incidents were on county
property.
In response to Ms. Jaeckle's questions, Mr. Bowles stated how
often buses need to refuel varies and will only be using the
site while school is in session. He further stated 72 buses
are anticipated to utilize the site per day and 60 percent of
300 buses are used in the northern part of the county. He
noted the -average traffic on Route 360 in the area is.78,000
vehicles per day. He stated the existing county refueling
facilities are in proximity to residential uses.
Ms. Jaeckle compared the situation to citizens" opposition to
having cell towers erected near their neighborhoods.
Mr. Winslow made a motion to defer consideration of the
matter for 30 days. He stated he did not expect the
environmental analysis to be back so soon and noted his
preference to have further dialogue with his constituents.
Mr. Winslow's motion died due to lack of a second.
Mr. Elswick made a motion to approve the case and .stated the
Board of Supervisors make their decisions based on facts
presented to them. He noted the proliferation of gas stations
in western Chesterfield. He stated the refueling station is
an important necessity for, the county.
Ms. Jaeckle seconded Mr. Elswick's motion and stated every
area of the county has things residents do not like around
them; however, if pushed farther out, it is ,not convenient
for people to use.
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06/26/19
s
On motion of, Mr. Elswick, seconded by Ms. Jaeckle, the Board
approved Case 19SN0564, subject to the following conditions:
1. Facility Size,, Location and Concept.
a. The vehicle fueling facility shall contain a
maximum of 0.3 acres and shall be as generally
located on Exhibit A.
b. The location of fuel islands and above ground fuel
tanks shall be as generally shown on Exhibit B. The
number of above ground fuel tanks shall be limited
to four (4). From the western boundary of the
subject property, fuel islands shall be located a
minimum distance of 110 feet, and above ground fuel
tanks located a minimum distance of 150 -feet. (P)
2. Limitations on Use. Use of the fueling facility shall
be limited to Chesterfield County and Chesterfield
County Public School vehicles. (P)
3. Security Fencing. Above ground fuel tanks shall be
enclosed by a security fence designed to preclude
trespassing. A detailed plan depicting this requirement
shall be submitted to the Planning Department for
approval in conjunction with building permit review. (P)
4. Fuel Vendor Days/Hours. Servicing/ filling of fuel tanks
shall be limited to Monday through Friday from 7:00 a.m.
to 6:00 p.m. except during emergencies. (P)
5. Supplemental Vegetation. Supplemental landscaping shall
be provided around the perimeter of the fueling
facility, as needed, to minimize its view from adjacent
properties to the north and west. 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.
(P)
Ayes: Haley, Elswick and Jaeckle.
Nays: Holland and Winslow.
Discussion ensued relative to the possibility of making a
motion to suspend the rules to conduct business past 11:00
p.m.
17. PUBLIC HEARINGS
17.A. TO CONSIDER AMENDING CHAPTERS 5, 10, 13 AND 15 OF THE
COUNTY CODE RELATED TO FIRE PROTECTION
Assistant Chief Chambers stated this date and time has been
advertised for the Board to consider amending Chapters 5, 10,
13 and -'15 of the County Code related to fire protection. He
further stated he State Department of Housing and Community
Development promulgated the most recent changes to the VSFPC,
effective October 16, 2018. Accordingly, he stated the county
needs to update its fire prevention ordinance to be
consistent with the changes which have been made by the State
and are now in effect.
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06/26/19
Ms. Haley 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 5-7.3, 10-1, 10-2, 10-3, 10-4, 10-6 10-21, 10-22, 10-31,
10-32, 10-33, 13-71, 15-23, 15-25, 15-26, 15-69, RELATING TO FIRE CODE
AMENDMENTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Sections 5-7.3, 10-1, 10-2, 10-3, 10-4, 10-6, 10-21, 10-22, 10-31, 10-32, 10-
33, 13-71, 15-23, 15-25, 15-26, 15-69 of the Code of the County of Chesterfield, 1997, as
amended, is amended and re-enacted to read as follows:
Chapter 5
BUILDINGS
Sec. 5-7.3. Same—Blighted property defined.
(a) To be blighted, a property must have a building or improvement that, by reason of
dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of
ventilation, light and sanitary facilities, excessive land coverage, deleterious land use
or obsolete layout, or any combination of these or other factors, is detrimental to the
safety, health, morals or welfare of the community. This definition shall not include
farm buildings and structures not used for residential purposes, located on property
with an agricultural zoning classification where farming operations take place, and
used primarily for any of the following uses or combination thereof:
(1) Storage, handling, production, display, sampling or sale of agricultural,
horticultural, floricultural or silvicultural products produced on the farm;
(2) Sheltering, raising, handling, processing or sale of agricultural animals or
agricultural animal products;
(3) Business or office uses relating to the farm operations;
(4) Use of farm machinery or equipment, or maintenance of storage of vehicles,
machinery or equipment on the farm;
(5) Storage or use of supplies and materials used on the farm; or
(6) Implementation of best management practices associated with farm operations.
(b) In determining whether a property meets the definition of blighted set forth above, the
county may consider any of the following, or other pertinent, factors:
(1) Condemned structure. A structure on the property has been continuously vacant
for at least one year, has been condemned as unfit for human occupancy by the
building official in accordance with the Virginia Uniform Statewide Building
Code, but the building official is unable to find that the criteria for demolition
have been met and the owner has failed to take corrective action as directed by the
building official;
(2) Rat and rodent infestation. There is evidence of rat or rodent infestation or
harborages caused by conditions on the property;
(3) Previous citations. The property has been used or maintained in a condition which
has resulted in the following actions:
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a. The owner has been cited on a least three separate occasions because
activities or conditions on the property violate state or county criminal laws,
or county ordinances governing the use or maintenance of property, and those
activities or conditions threaten the public health, safety, morals, and welfare
of the community;, or
b. The owner has refused to abate violations as ordered by the court or has
repeated conduct for which the owner has been convicted of violating county
ordinances in the past.
(4) Inadequate facilities. The property has inadequate sewage, septic, plumbing, well
or heating facilities;
(5) Potential trespass. If the property is vacant, the owner has -failed to take adequate
precautions to prevent the use of the property by trespassers;
(6) Nuisance to children. A potential attractive nuisance to children exists on the
property, including, but not limited to, abandoned wells, basements, excavations,
or broken fences;
(7) Fire hazard. Any condition exists on the property that has been specifically
identified as a fire hazard by the fire and EMS department or the building official;
and
(8) Substantial dilapidation of buildings or structures as evidenced by either:
a. Structural collapse of either interior or exterior structural elements such as
floors, walls, roofs, porches, decks and similar appendages which do not pose
a danger to the public; or
b. Removal or rotting of exterior siding, roofing or sheathing exposing structural
members to the weather.
Chapter 10
FIRE PROTECTION
ARTICLE I. GENERAL PROVISIONS
Sec. 10-1. Fire prevention code adopted.
Pursuant to Code of Virginia, § 27 -98, -the county shall enforce the Virginia Statewide
Fire Prevention Code promulgated by the Board of Housing and Community Development
of the Commonwealth. The provisions of the Virginia Statewide Fire Prevention Code and
chapter 10 of this Code shall be enforced by the fire marshal, or his duly authorized
representative, hereafter referred to as the "fire official", at the direction of the chief of the
county fire and EMS department.
Sec. 10-2. Authority of fire -fighting officials.
While any fire and EMS department or volunteer fire department in the county is in the
process of answering a fire alarm or extinguishing a fire and returning to the station, the fire
chief or other officer in charge at that time shall have the authority to (1) maintain order at
the fire or its vicinity; (2) direct the actions of the firefighters at the fire; (3) keep
bystanders or other persons at a safe distance from. the fire and fire equipment; (4) facilitate
the speedy movement and operation of fire -fighting equipment and firefighters and (5) until
the arrival of a police officer, direct and control traffic in person or by deputy and facilitate
the movement of traffic.. The fire chief or other officer in charge shall display his
firefighter's badge. Notwithstanding any other provision of law, this authority shall extend
to the activation of traffic -control signals designed to facilitate the safe egress and ingress
of fire -fighting equipment .at a fire station. Any person or persons refusing to obey the
orders of the fire chief or his deputies or other officer in charge at that time shall be guilty
of a class 4 misdemeanor. The fire chief or other officer in charge shall have the power to
make arrests for violation of the provisions of this section.
Sec. 10-3. Fire prevention code—Amendments, additions and deletions.
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06/26/19
The Virginia Statewide Fire Prevention Code is hereby amended and changed pursuant
to Code of Virginia, § 27-97, in the following respects:
Chapter 1. Administration and Enforcement
106.3 Inspections: Delete and substitute 106.3 as follows:
The fire official is authorized to conduct such inspections as are deemed necessary to
determine the extent of compliance with the provisions of this code and to approve
reports of inspection by approved agencies or individuals. All reports of such
inspections shall be prepared and submitted in writing for review and approval.
Inspection reports shall be certified by a responsible officer of such approved agency
or by the responsible individual in accordance with the fire official's written policy.
The fire official is authorized to engage such expert opinion as deemed necessary to
report upon unusual, detailed or complex technical issues subject to the approval of the
governing body. The fire official may require the owner or owner's agent to inspect the
owner's property or equipment in accordance with guidelines approved by the fire
official.
106.8 Plans Review and Certificate of Occupancy: Add section 106.8 as follows:
The fire official shall assist the building official in the review of construction plans for
compliance with the fire protection provisions of the Virginia Uniform Statewide
Building Code for all structures and/or facilities, except detached one- and two-family
dwellings, prior to the issuance of a building permit. Furthermore, the fire official shall
assist the building official in performing inspections of new systems and structures
prior to the issuance of the certificate of occupancy.
106.9 Fire Hydrants: Add section 106.9 as follows:
During the site and/or construction plans review process for construction or change in
use of any building or structure, the fire official shall have the authority to require the
installation of fire hydrants as he deems necessary to have water available for fire
fighting purposes prior to the use of combustible materials in construction being
commenced on any floor above the first or ground floor level. Such hydrants shall be
accessible to fire fighting apparatus at the time they are installed and at all times
thereafter. The fire official will determine the need for fire hydrants based on the use
and size of the structure involved and the availability of water in the area of the
property. The number of fire hydrants, their placement and the desired flow shall be
determined by regulations established from nationally recognized standards.
106.10 Authority to Take Photographs: Add section 106.10 as follows:
The fire official or his duly authorized representative is authorized to make sketches
and take photographs to document conditions he observes that he believes are
violations of the provisions of this code. Subsequent to a fire, explosion, or other
emergency, photographs may be taken as are necessary to adequately depict the
conditions of the property for the purpose of investigation. No person shall prevent the
fire official from making sketches or taking photographs.
107.2 Permits required: Add Table 107.2 as follows:
TABLE 107.2.- OPERATIONAL PERMIT REQUIREMENTS
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r
PERMIT
DESCRIPTION
REQUIRED
PERMIT
INSPECTION
(yes or no)
FEE
FEE
Aerosol products. An operational permit is
required to manufacture, store or handle an
aggregate quantity of Level 2 or Level 3 aerosol
No
products in excess of 500 pounds (227 kg) net
weight.
Amusement buildings. An operational permit is
No
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r
required to operate a special amusement building.
Aviation facilities. An operational permit is
required to use a Group H or Group S occupancy
for aircraft servicing or repair and aircraft fuel -
servicing vehicles. Additional permits required by
No
other sections of this code include, but are not
limited to, hot work, hazardous materials and
flammable or combustible finishes.
Carnivals and fairs. An operational permit is
required to conduct a carnival or fair.
No
Cellulose nitrate film. An operational permit is
required to store, handle or use cellulose nitrate
No
film in a Group A occupancy.
Combustible dust producing operations. An
operational permit is required to operate a grain
elevator, flour starch mill, feed mill, or a plant
No
pulverizing_ aluminum, coal, cocoa, magnesium,
spices, or sugar, or other operations producing
combustible dusts as defined in Chapter 2.
Combustible fibers. An operational permit is
required for the storage and handling of
combustible fibers in quantities greater than 100
cubic feet (2.8 m----1 ).
No
Exception: An operational permit is not required
for agricultural storage.
Compressed gas. An operational permit is required
for the storage, use or handling at normal
temperature and pressure (NTP) of compressed
gases in excess of the amounts listed below.
No
Exception: Vehicles equipped for and using
compressed gas as a fuel for propelling the vehicle.
PERMIT AMOUNTS FOR COMPRESSED GASES
TYPE OF GAS
UNT (cubic
A=at
NTP)
Corrosive
200
Flammable (except
cryogenic fluids and
200
liquefied petroleum gases)
Highly toxic
Any amount
Inert and simple asphyxiant
6,000
Oxidizing (including
oxygen)
504
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Pyrophoric
Any amount
Toxic
Any amount
For SI: 1 cubic foot = 0.02832 m-2
Covered and open mall buildings. An operational
permit is required for:
1. The placement of retail fixtures and displays,
concession equipment, displays of highly
combustible goods and similar items in the mall.
No
2. The display of liquid -fired or gas-fired
equipment in the mall.
3. The use of open -flame or flame -producing
equipment in the mall.
Cryogenic fluids. An operational permit is required
to produce, store, transport on site, use, handle or
dispense cryogenic fluids in excess of the amounts
listed below.
No
Exception: Operational permits are not required for
vehicles equipped for and using cryogenic fluids as
a fuel for propelling the vehicle or for refrigerating
the lading.
PERMIT AMOUNTS FOR CRYOGENIC FLUIDS
TYPE OF CRYOGENIC
INSIDE
OUTSIDE
FLUID
BUILDING
BUILDING
(gallons)
(gallons)
Flammable
More than 1
60
Inert
60
500
Oxidizing (includes oxygen)
10
50
Physical or health hazard not
Any amount
Any amount
indicated above
For SI: 1 gallon = 3.785 L.
Cutting and welding. An operational permit is
required to conduct cutting or welding operations
No
within the jurisdiction.
Exhibits and trade shows. An operational permit is
No
required to operate exhibits and trade shows.
Explosives, fireworks, and pyrotechnics. An
operational permit is required for the manufacture,
storage, handling, sale or use of any quantity of
explosive, explosive materials, fireworks,
pyrotechnic special effects, or pyrotechnic special
effects material within the scope of Chapter 56.
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a. Explosives and blasting agents
JYes
$65.00
b. Explosives, restricted manufacture: An
operational permit is required for the restricted
manufacture of explosives within the scope of
Yes
$65.00
Chapter 56.
c. Explosives, unrestricted manufacture. An
operational permit is required for the unrestricted
manufacture of explosives within the scope of
Yes
$65.00
Chapter 56.
d. Fireworks, public or private display
Yes
$0.00
e. Pyrotechnic special effects materials
Yes
$0.00
Exception : Storage in Group R-3 or R-5
occupancies of smokeless propellant,.black powder
and small arms primers for personal use, not for
resale, and in accordance with the quantity
limitations and conditions set forth in Section
5601.1, exception numbers four and 12.
Fire hydrants and valves. An operational permit is
required to use or operate fire hydrants or valves
intended for fire suppression purposes which are
installed on water systems and accessible to a fire
apparatus access road that is open to or generally
used by the public.
No
Exception: An operational permit is not required
for authorized employees of the water company
that supplies the system or the fire and EMS
department to" use or operate fire hydrants or
valves.
Flammable and combustible liquids. An
operational permit is required:
1. To use or operate a pipeline for the
transportation within facilities of flammable or
combustible liquids. This requirement shall not
apply to the offsite transportation in pipelines
regulated by the Department of Transportation
(DOTn) nor does it apply to piping systems.
2. To store, handle or use Class I liquids in excess
of five gallons (19 L) in a building or in excess of
ten gallons (37.9 L) outside of a building, except
that a permit is not required for the following:
No
2.1. The storage or use of Class I liquids in the fuel
tank of a motor vehicle, aircraft, motorboat, mobile
power plant or mobile heating plant, unless such
storage, in the opinion of the fire official, would
cause an unsafe condition.
2.2. The storage or use of paints, oils, varnishes or
similar flammable mixtures when such liquids are
stored for maintenance, painting or similar
purposes for a period of not more than 30 days.
3. To store, handle or use Class II or Class IIIA
liquids in excess of 25 gallons (95 L) in a building
19-375
06/26/19
or in excess of 60 gallons (227 L) outside a
building, except for fuel oil used in connection
with oil -burning equipment.
4. To remove Class I or Class II liquids from an
underground storage tank used for fueling motor
vehicles by any means other than the approved,
stationary on-site pumps normally used for
dispensing purposes.
5. To operate tank vehicles, equipment, tanks,
plants, terminals, wells, fuel -dispensing stations,
refineries, distilleries and similar facilities where
flammable and combustible liquids are produced,
processed, transported, stored, dispensed or used.
6. To install, alter, remove, abandon, place
temporarily out of service (for more than 90 days)
or otherwise dispose of an underground, protected
above -ground or above -ground flammable . or
combustible liquid tank.
7. To change the type of contents stored in a
flammable or combustible liquid tank to a material
which poses a greater hazard than that for which
the tank was designed and constructed.
8. To manufacture, process, blend or refine
flammable or combustible liquids.
Floor finishing. An operational permit is required
for floor finishing or surfacing operations
No
exceeding 350 square feet (33 m-2-) using Class I
or Class II liquids.
Fruit and crop ripening. An operational permit is
required to operate a fruit -ripening, or crop-
No
ripening facility or conduct a fruit -ripening process
using ethylene gas.
Fumigation, thermal, and insecticidal fogging. An
operational permit is required to operate a business
of fumigation, thermal, or insecticidal fogging and
No
to maintain a room, vault or chamber in which a
toxic or flammable fumigant is used.
Hazardous materials. An operational permit is
required to store, transport on site, dispense, use or
No
handle hazardous materials in excess of the
amounts listed below.
PERMIT AMO UNTS FOR HAZARD 0 US
MATERIALS
TYPE OF MATERIAL
AMOUNT
Combustible liquidsSee
flammable and
combustible liquids
Corrosive materials
Gases
See compressed
gases
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Liquids
55 gallons
Solids
1,000 pounds
Explosive materials
See explosives
Flammable materials
Gases
compressed
s
Fga
Liquids
See flammable and
combustible liquids
Solids
100 pounds
Highly toxic materials
Gases
See compressed
gases
Liquids
Any amount
Solids
Any amount
Oxidizing materials
Gases
See compressed
gases.
Liquids
Class 4
Any amount
Class 3
1 gallon a
Class 2
10 gallons
Class 1
55 gallons
Solids
[Class 4
Any amount
Class 3
10 pounds b
Class 2
100 pounds
Class 1
500 pounds
Organic peroxides
Liquids
Class I
Any amount
Class II
Any amount
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Class III
1 gallon
Class IV
2 gallons
Class V
No permit required
Solids
Class I
Any amount
Class II
Any amount
Class III
10 pounds
Class IV
20 pounds
Class V
No permit required
Pyrophoric materials
Gases
See compressed
gases
Liquids
Any amount
Solids
Any amount
Toxic materials
Gases
See compressed
gases
Liquids
10 gallons.
Solids
100 pounds
Unstable (reactive) materials
Liquids
Class 4
Any amount
Class 3
Any amount
Class 2
5 gallons
Class 1
10 gallons
Solids
Class 4
Any amount
Class 3
Any amount
Class 2
50 pounds
Class 1
100 pounds
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Water -reactive materials
Liquids
Class 3
Any amount
Class 2
5 gallons
Class 1
55 gallons
Solids
Class 3
Any amount
Class 2
50 pounds
Class 1-
500 pounds
For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.
a. Twenty gallons when Table 5003.1.1(1) Note k
applies and hazard identification signs in
accordance with Section 5003.5 are provided for
quantities of 20 gallons or less.
b. Twenty pounds when Table 5003.1.1(1) Note k
applies and hazard identification signs in
accordance with Section 5003.5 are provided for
quantities of 200 pounds or less.
HPM facilities. An operational permit is required
to store, handle or use hazardous production
No
materials.
High piled storage. An operational permit is
required to use a building or portion thereof as a
No
high -piled storage area exceeding 500 square feet
(46 m-2-).
Hot work operations. An operational permit is
required for hot work including, but not limited to:
1. Public exhibitions and demonstrations where hot
work is conducted.
2. Use of portable hot work equipment inside a
structure.
Exception: Work that is conducted under a
construction permit.
3. Fixed -site hot work equipment such as welding
booths.
4. Hot work conducted within a hazardous fire
area.
No
5. Application of roof coverings with the use of an
open -flame device.
6. When approved, the fire official shall issue a
permit to carry out a Hot Work Program. This
program allows approved personnel to regulate
their facility's hot work operations. The approved
personnel shall be trained in the fire safety aspects
denoted in this chapter and shall be responsible for
issuing permits requiring compliance with the
requirements found in this chapter. These permits
shall be issued only to their employees or hot work
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operations under their supervision.
Industrial ovens. An operational permit is required
for operation of industrial ovens regulated by
No
Chapter 30.
Lumber yards and woodworking plants. An
operational permit is required for the storage or
No
processing of lumber exceeding 100,000 board feet
(8,333 ft -3-) (236 m-3-).
Liquid fueled or gas fueled vehicles or equipment
in assembly buildings. An operational permit is
required to display, operate or demonstrate liquid-
No
fueled or gas -fueled vehicles or equipment in
assembly buildings.
LP -gas. An operational permit is required for:
1. Storage and use of LP -gas.
Exception: An operational permit is not required
for individual containers with a 500 -gallon (1893
L) water capacity or less or multiple container
No
systems having an aggregate quantity not
exceeding 500 gallons (1893 L), serving
occupancies in Group R-3.
2. Operation of cargo tankers that transport LP -gas.
Magnesium. An operational permit is required to
melt, cast, heat treat or grind more than 10 pounds
No
(4.54 kg) of magnesium.
Miscellaneous combustible storage. An operational
permit is required to store in any building or upon
any premises in excess of 2,500 cubic feet (71 m-3
No
) gross volume of combustible empty packing
cases, boxes, barrels or similar containers, rubber
tires, rubber, cork or similar combustible material.
Mobile food preparation vehicles. A permit is
required for mobile food preparation vehicles
equipped with appliances that produce smoke or
grease laden vapors.
No
Exception: Recreational vehicles used for private
recreation.
Open burning. An operational permit is required
for the kindling or maintaining of an open fire or a
fire on any public street, alley, road, or other
public or private ground. Instructions and
stipulations of the permit shall be adhered to.
a. Land clearing and/or property maintenance (90
Yes
$400.00
day permit)
b. Tree trimmings and garden trimmings on private
Yes
$0.00
property (30 day permit)
Exception: Recreational fires and provided further
that the County Administrator may
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administratively suspend the open burning fee for a
temporary period of time after any national, state
or local authority declares a disaster affecting all or
a portion of the County.
Open flames and candles. An operational permit is
required to use open flames or candles in
No
connection with assembly areas, dining areas of
restaurants or drinking establishments.
Open flames and torches. An operational permit is
required to remove paint with a torch; or to use a
No
torch or open -flame device in a wildfire risk area.
Organic coatings. An operational permit is
required for any organic -coating manufacturing
No
operation producing more than one gallon (4 L) of
an organic coating in one day.
Places of Assembly. An operational permit is
required to operate a place of'assembly.
No
Private fire hydrants. An operational permit is
required for the removal from service, use or
operation of private fire hydrants.
Exception: An operational permit is not required
No
for private industry with trained maintenance
personnel, private fire brigade or fire departments
to maintain, test and use private hydrants.
Pyrotechnic special effects material. An
operational permit is required for use and handling
Yes
$0.00
of pyrotechnic special effects material.
Pyroxylin plastics. An operational permit is
required - for storage or handling of more than 25
pounds (11 kg) of cellulose nitrate (pyroxylin)
No
plastics and for the assembly or manufacture of
articles involving pyroxylin plastics.
Refrigeration equipment. An operational permit is
required to operate a mechanical refrigeration unit
No
or system regulated by Chapter 6.
Repair garages and service stations. An
operational permit is required for operation of
No
repair garages and automotive, marine and fleet
service stations.
Rooftop heliports. An operational permit is
No
required for the operation of a rooftop heliport.
Spraying or dipping. An operational permit is
required to conduct a spraying or dipping operation
utilizing flammable or combustible liquids or the
No
application of combustible powders regulated by
Chapter 24.
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Storage of scrap tires and tire byproducts. An
operational permit is required to establish, conduct
or maintain storage of scrap tires and tire
No
byproducts that exceeds 2,500 cubic feet (71-m-3-)
of total volume of scrap tires and for indoor
storage of tires and tire byproducts.
Temporary membrane structures, tents and
canopies. An operational permit is required to
operate an air -supported temporary membrane
structure or a tent.
Exceptions:
1. Tents used exclusively for recreational camping
purposes.
No
2. Tents and air -supported structures that cover an
area of 900 square feet (84 m-2-) or less, including
all connecting areas or spaces with a common
means of egress or entrance and with an occupant
load of 50 or less persons.
Tire -rebuilding plants. An operational permit is
required for the operation and maintenance of a
No
tire -rebuilding plant.
Waste handling. An operational permit is required
for the operation of wrecking yards, junk yards and
No
waste material -handling facilities.
Wood products. An operational permit is required
to store chips, hogged material, lumber or plywood
No
in excess of 200 cubic feet (6 m 3-).
111.3 Failure to Correct Violations: Delete and substitute 111.3 as follows:
If the notice of violation is not complied with within the time specified by the fire
official, the fire official may issue a summons for the violation of the code. The fire
official may also request the county attorney to institute the appropriate legal
proceedings to restrain, correct or abate such violation or to require removal or
termination of the unlawful use of the building or structure in violation of the
provisions of this code or of any order or direction made pursuant to the code.
111.4 Penalties: Delete and substitute section 10-6 of the Chesterfield County Code.
Chapter 2. Definitions
202.0. General Definitions. Add the following definition:
The term "occupant" means any person physically located or situated in or on any
property, structure or vehicle irrespective of the length of time or the reason for such
occupancy.
Chapter 3. General Precautions Against Fire
307.1 Title and Purpose. Delete and substitute section 307.1 as follows:
This article shall be known as the Chesterfield County Ordinance for the Regulation of
Open Burning. The purpose of this article is to protect public health, safety, and
welfare by regulating open burning within Chesterfield County to achieve and
maintain, to the greatest extent practicable, a level of air quality that will provide
comfort and convenience while promoting economic and social development. This
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article is intended to supplement the applicable regulations promulgated by the State
Air Pollution Control Board and other applicable regulations and laws.
307.1.1 Definitions. Delete and substitute section 307.1.1 as follows:
For the purpose of this article and subsequent amendments or any orders issued by
Chesterfield County, the words or phrases shall have the meaning given them in this
section.
A. "Automobile graveyard" means any lot or place which is exposed to the
weather and upon which more than five motor vehicles of any kind, incapable
of being operated, and which it would not be economically practical to make
operative, are placed, located or found.
B. "Bonfire" means an outdoor fire utilized for ceremonial purposes.
C. "Clean burning waste" means waste which does not produce dense smoke
when burned and is not prohibited to be burned under this ordinance.
D. "Construction waste" means solid waste which is produced or generated
during construction of structures. Construction waste consists of lumber, wire,
sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and
plastics if the metal or plastics are a part of the materials of construction or
empty containers for such materials. Paints, coatings, solvents, asbestos, any
liquid, compressed gases or semi -liquids, and garbage are not construction
wastes and the disposal of such materials must be in accordance with the
regulations of the Virginia Waste Management Board.
E. "Debris waste" means stumps, wood, and brush from property maintenance
and/or land clearing operations.
F. "Demolition waste" means that solid waste which is produced by the
destruction of structures and their foundations and includes the same materials
as construction waste.
G. "Garbage" means rotting animal and vegetable matter accumulated by a
household in the course of ordinary day to day living.
H. "Hazardous waste" means refuse or combinations of refuse which, because of
its quantity, concentration or physical, chemical or infectious characteristics
may:
1. Cause or significantly contribute to an increase in mortality or an increase
in serious irreversible or incapacitating illness; or
2. 'Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed, or
otherwise managed.
I. "Household refuse" means waste material and trash normally accumulated by
a household in the course of ordinary day to day living.
J. "Industrial waste" means all waste generated on the premises of
manufacturing and industrial operations such as, but not limited - to, those
carried on in factories, processing plants, refineries, slaughterhouses, and steel
mills.
K. "Junkyard" means an establishment or place of business which is maintained,
operated, or used for storing, keeping, buying, or selling junk, or for the
maintenance or operation of an automobile graveyard, and the term shall
include garbage dumps and sanitary landfills.
L. "Landfill" means a sanitary landfill, an industrial waste landfill, or a
construction/demolition/debris landfill. See solid waste management
regulations for further definitions of these terms.
M. "Local landfill" means any landfill located within the jurisdiction of a local
government.
N. "Occupied building" means any structure occupied or intended for supporting
or sheltering any occupancy.
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O. "Open burning" means the burning of any matter in such a manner that the
products resulting from combustion are emitted directly into the atmosphere
without passing through a stack, duct or chimney.
P. "Open pit incinerator" means a device used to burn waste for the primary
purpose of reducing the volume by removing combustible matter. Such
devices function by directing a curtain of air at an angle across the top of a
trench or similarly enclosed space, thus reducing the amount of combustion
by-products emitted into the atmosphere. The term also includes trench
burners, air curtain destructors and overdraft incinerators.
Q. "Refuse" means trash, rubbish, garbage and other forms of solid or liquid
waste, including, but not limited to, wastes resulting from residential,
agricultural, commercial, industrial, institutional, trade, construction, land
clearing, forest management and emergency operations.
R. "Salvage operation" means any operation consisting of a business, trade or
industry participating in salvaging or reclaiming any product or material, such
as, but not limited to, reprocessing of used motor oils, metals, chemicals,
shipping containers or drums, and specifically including automobile
graveyards and junkyards.
S. "Sanitary landfill" means an engineered land burial facility for the disposal of
household waste which is so located, designed, constructed, and operated to
contain and isolate the waste so that it does not pose a substantial present or
potential hazard to human health or the environment. A sanitary landfill also
may receive other types of solid wastes, such as commercial solid waste,
nonhazardous sludge, hazardous waste from conditionally exempt small
quantity generators, and nonhazardous industrial solid waste. See solid waste
management regulations for further definitions of these terms.
T. "Smoke" means small gas -borne particulate matter consisting mostly, but not
exclusively, of carbon, ash and other material in concentrations sufficient to
form a visible plume.
U. "Special incineration device" means a pit incinerator, conical or tepee burner,
or any other device specifically designed to provide good combustion
performance.
307.2 Open Burning Regulations—General. Delete and substitute Section 307.2 as
follows:
A. No owner or other person shall cause or permit open burning or the use of a
special incineration device for disposal of refuse except as provided in this
ordinance.
B. No owner or other person shall cause or permit open burning or the use of a
special incineration device for disposal of household refuse or garbage.
C. No owner or other person shall cause or permit open burning or the use of a
special incineration device for disposal of rubber tires, asphaltic materials,
crankcase oil, impregnated wood or other rubber or petroleum based materials
except when conducting bona fide fire fighting instruction at fire fighting training
schools having permanent facilities.
D. No owner or other person shall cause or permit open burning or the use of a
special incineration device for disposal of hazardous waste or containers for such
materials.
E. No owner or other person shall cause or permit open burning or the use of a
special incineration device for the purpose of a salvage operation or for the _
disposal of commercial/industrial waste.
F. Open burning or the use of special incineration devices permitted under the
provisions of this ordinance does not exempt or excuse any owner or other person
from the consequences, liability, damages or injuries which may ' result from such
conduct; nor does it excuse or exempt any owner or other person from complying
with other applicable laws, ordinances, regulations and orders of the governmental
entities having jurisdiction, even though the open burning is conducted in
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compliance with this ordinance. In this regard special attention should be directed
to Code of Virginia, § 10.1-1142, of the Forest' Fire Law of Virginia, the
regulations of the Virginia Waste Management Board, and the State Air Pollution
Control Board's Regulations for the Control and Abatement of Air Pollution.
G. Permitted fires shall be constantly attended by a competent person until they -are
extinguished. The attendee shall have fire extinguishing equipment readily
available for use as deemed necessary by the fire official.
H. Upon declaration of an alert, warning or emergency stage of an air pollution
episode as described in part VII of the Regulations for the Control and Abatement
of Air Pollution or when deemed advisable by the state air pollution control board
to prevent a hazard to, or an unreasonable burden upon, public health or welfare,
no owner or other person shall cause or permit open burning or use of a special
incineration device, and any in process burning or use of special incineration
devices shall be immediately terminated in the designated air quality control
region.
I. The fire marshal or his designee may prohibit all open burning with the exception
of those exemptions listed .in 307.2.1, when he determines that atmospheric
conditions or local circumstances make such fires hazardous. Previously issued
permits may be extended for the amount of time such prohibition remains in
effect.
307.2.1 Exemptions. Delete and substitute subsection 307.2.1 as follows:
The following activities are exempted from the above prohibitions to the extent
covered by the State Air Pollution Control Board's Regulations for the Control and
Abatement of Air Pollution:
A. Open burning for training and instruction of government and public fire
fighters under the supervision of the designated official and industrial in-
house fire fighting personnel;
B. Open burning for camp fires or other fires that are used solely for recreational
purposes, for ceremonial occasions, for outdoor noncommercial preparation
of food, and for warming of outdoor workers;
C. Open burning for the destruction of any combustible liquid or gaseous
material by burning in a flare or flare stack;
D. Open burning for forest management and agriculture practices approved by
the state air pollution control board; and
E. Open burning for the destruction of classified military documents.
F. Open burning for the disposal of evidence under the direction of the Virginia
State Police, Chesterfield County Police or the Fire Marshal.
307.2.2 Permissible Open Burning. Add subsection 307.2.2 as follows:
A. Open burning is permitted for the disposal of tree trimmings and garden trimmings
located on the premises of private property, provided that the following conditions
are met:
1. A written permit, valid for 30 days, must be obtained from the Chesterfield
Fire & EMS, Fire and Life Safety Division. Application for permit shall
include: completed information form, the name, address and, telephone
number of the occupant and, if different, owner of the property on which the
burn. is conducted and of any other entity' conducting or responsible for the
burn. Application shall be submitted to the Fire and Life Safety Division at
least 15 days before the desired burn;
2. A copy of the burn permit shall be maintained at the site of the burn, shall be
available for review at all times during the burn, shall be displayed so as to be
visible from a public roadway and shall be maintained in a manner that
protects it from deterioration by weather;
3. The burning shall take place on the premises of the private property from
which the trimmings were taken; and all reasonable effort shall be made to
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minimize the amount of material burned, with the number and size of the piles
approved by Chesterfield County Fire & EMS, Fire and Life Safety Division;
4. The location of the burning shall be a minimum of 300 feet from any
occupied building unless the occupants have given prior written permission,
other than buildings located on the property on which the burning is
conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety
Division determines that it is necessary to protect public health and welfare, it
may direct that the above cited distances be increased;
5. All fires must be at least 50 feet from any structure;
6. No regularly scheduled public or private collection service for such trimmings
is available at the adjacent street or public road; and
7. Permits for burning tree trimmings and/or garden trimmings shall be limited
to two per site per year.
B. Open burning is permitted for disposal of debris waste resulting from property
maintenance, from the development or modification of roads and highways.,
parking areas, railroad tracks, pipelines, power and communication lines,
buildings or building areas, sanitary landfills, or from any other designated local
clearing operations which may be approved by Chesterfield Fire & EMS, Fire and
Life Safety Division, provided the following conditions are met:
1. A written permit, valid for 90 days, must be obtained from the Chesterfield
Fire & EMS, Fire and Life Safety Division. Application for permit shall
include: Fee for permit, completed information form, site plan drawing of
burn site, proof of liability insurance for party performing burn, and the name,
address and telephone number of the owner and, if different, developer of the
property on which the burn is conducted and of any other entity conducting or
responsible for the burn. Application shall be submitted to the Fire and Life
Safety Division at least 15 days before the desired burn;
2. A copy of the burn permit shall be maintained at the site of the burn, shall be.
available for review at all times during the burn, shall be displayed so as to be
visible from a public roadway and shall be maintained in a manner that
protects it from deterioration by weather;
3. The burning shall take place on the site from which the debris waste was
generated. All reasonable effort shall be made to minimize the amount of
material burned, with the number and size of the debris piles approved by
Chesterfield County Fire & EMS, Fire and Life Safety Division;
4. The material to be burned shall consist of brush, stumps and similar debris
waste and shall not include demolition material;
5. The location of the burning shall be a minimum of 500 feet from any
occupied building unless the occupants have given prior written permission,
other than buildings located on the property on which the burning is
conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety
Division determines that it is necessary to protect public health and welfare, it
may direct that the above cited distances be increased;
6. The burning shall be conducted at the greatest distance practicable from
highways and airfields;
7. The burning shall not be allowed to smolder beyond the minimum period of
time necessary for the destruction of the materials;
8. The burning shall be conducted only when the prevailing winds are away
from any city, town or built-up area; and
9. The permit holder must maintain liability insurance in the minimum amount
of $1,000,000.00 general liability coverage at all times while burning is taking
place. At the time of permit application, a certificate of insurance coverage
shall be submitted to the fire marshal.
C. Open burning is permitted for disposal of debris on the site of local landfills
provided that the burning does not take place on land that. has been filled and
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covered so as to present an underground fire hazard due to the presence of
methane gas, provided that the following conditions are met:
1. A written permit, valid for 90 days, must be obtained from the Chesterfield
Fire & EMS, Fire and Life Safety Division. Application for ' permit shall
include: fee for permit, completed information form, site plan drawing of burn
site, proof of liability insurance for party performing burn;
2. The burning shall take place on the premises of a local sanitary landfill which
meets the provisions of the regulations of the Virginia Waste Management
Board;
3. The material to be burned shall consist only of brush, tree trimmings, yard and
garden trimmings, clean burning debris waste, or clean burning demolition
waste;
4. All reasonable effort shall be made to minimize the amount of material that is
-burned; with the number and size of the debris piles approved by Chesterfield
County Fire & EMS, Fire and Life Safety Division;
5. The location of the burning shall be a minimum of 500 feet from any
occupied building unless the occupants have given prior written permission,
other than buildings located on the property on which the burning is
conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety
Division determines that it is necessary to protect public health and welfare, it
may direct that the above cited distances be increased;
6. No materials may be burned in violation of the regulations of the Virginia
Waste Management Board or the State Air Pollution Control Board. The exact
site of the burning on a local landfill shall be established in coordination with
the regional director and Chesterfield County Fire & EMS, Fire and Life
Safety Division; no other site shall be used without the approval of these
officials. Chesterfield County Fire & EMS, Fire and Life Safety Division shall
be notified of the days during which the burning will occur; and
7. The permit holder must maintain liability insurance in the minimum amount
of $1,,000,000.00 general liability coverage at all times while burning is taking
place. At the time of permit application, a certificate of insurance coverage
shall be submitted to the fire marshal.
D. Sections A through C above notwithstanding, no owner or other person shall cause
or permit open burning or the use of a special incineration device during the
months of May, June, July, August, or September.
307.2.3 Permits. Add subsection 307.2.3 as follows:
A. When open burning of debris waste or open burning of debris on the site of a local
landfill is to occur within Chesterfield County, the person responsible for the
burning shall obtain a permit from Chesterfield County Fire & EMS, Fire and Life
Safety Division prior to the burning. Such a permit may be granted only after
confirmation by Chesterfield County Fire & EMS, Fire and Life Safety Division
that the burning can and will comply with the provisions of this ordinance and any
other conditions which are deemed necessary to ensure that the burning will not
endanger the public health and welfare or to ensure compliance with any
applicable provisions of the State Air Pollution Control Board's Regulations for
the Control and Abatement of Air Pollution. The permit may be issued for each
occasion of burning or for a specific period of time deemed appropriate by
Chesterfield County Fire & EMS, Fire and Life Safety Division.
B. Prior to the initial installation (or reinstallation, in cases of relocation) and
operation of special incineration devices, the person responsible for the burning
shall obtain a permit from Chesterfield County Fire & EMS, Fire and Life Safety
Division, such permits to be granted only after confirmation by Chesterfield
County Fire & EMS, Fire and Life Safety Division that the burning can and will
comply with applicable provisions in Regulations for the Control and Abatement
of Air Pollution and that any conditions are met which are deemed necessary by
Chesterfield County Fire & EMS, Fire and Life Safety Division to ensure that the
operation of the devices will not endanger the public health and welfare. Permits
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granted for the use of special incineration devices shall at a minimum contain the
following conditions:
1. All reasonable effort shall be made to minimize the amount of material that is
burned. Such efforts shall include, but are not limited to, the removal of
pulpwood, sawlogs and firewood.
2. The material to be burned shall consist of brush, stumps and similar debris
waste and shall not include demolition material.
3. The location of the burning shall be a minimum of 500 feet from any
occupied building unless the occupants have given prior permission, other
than buildings located on the property on which the burning is conducted;
burning shall be conducted at the greatest distance practicable from highways
and air fields. If the Chesterfield County Fire & EMS, Fire and Life Safety
Division determines that it is necessary to protect public health and welfare,
he may direct that the above cited distances be increased.
4. The burning shall be attended at all times and conducted to ensure the best
possible combustion with a minimum of smoke being produced. Under no
circumstances should the burning be allowed to smolder beyond the minimum
period of time necessary for the destruction of the materials.
5. The burning shall be conducted only when the prevailing winds are away
from any city, town or built-up area.
6. The use of special incineration devices shall be allowed only for the disposal
of debris waste, clean burning construction waste, and _ clean burning
demolition waste.
7. Permits issued under this subsection shall be limited to a specific period of
time deemed appropriate by Chesterfield County Fire & EMS, Fire and Life
Safety Division.
307.2.4 Endangering Other Property. Add subsection 307.2.4 as follows:
No person shall kindle or authorize to be kindled or maintain any permitted fire in such
a manner that it will endanger the property of another.
307.2.5 Revocation of Permits. Add subsection 307.2.5:
A. If any permit holder violates any provision of this ordinance or if any permit
holder makes a material misrepresentation on a permit application, The Fire
Marshal may require the extinguishments of the fire and the burn permit shall be
subject to revocation;
B. Permits may be revoked or suspended when smoke, ash or other hazards create a
public health or safety concern.
307.4 Fees. Delete and substitute section 307.4 as follows:
1. There shall be no fees for the permit required by Section 307.2.2(A).
2. Fees for permits required by section 307.2.2(B) and (C) and shall be $400.00.
307.5 Attendance. Delete the words "Open burning".
308.1.4 Add the following sentences to the end of the opening paragraph of section
308.1.4, prior to the Exceptions, as follows:
The owner or manager of any occupancy in Use Group R shall notify their tenants in
writing of this code requirement at the time the tenants initially occupy the apartment
and annually thereafter. A copy of this written notification shall be available for review
by the code official.
308.1.4 Delete exception 2.
311.5 Placards. Delete and substitute section 311.5 as follows:
Any building or structure that is vacant or abandoned and is determined by the fire
official to be unduly dangerous to firefighting operations due to structural or interior
hazards shall be marked as required by Sections 311.5.1 through 311.5.5 or marked as
required by the fire official.
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315.7 Materials Storage Regulation. Add subsection 315.7 as follows:
No person shall store any combustible packing cases, boxes, barrels or similar
containers or rubber tires, baled cotton, rubber, cork or other similarly combustible
materials of a gross volume of greater than 2,500 cubic feet (70 m-3-) in any structure
or on any premises, except under conditions approved by the code official.
315.8 Storage, Park or Repair. Add subsection 315.8 as follows:
No person shall store, park or repair any vehicle, tool or equipment that has a fuel tank
that contains a flammable or combustible liquid or liquefied petroleum gas as a source
of fuel within or on any occupancy in Use Group R, or part thereof, unless such
building or structure is built for the purpose of such storage, parking or repairing in
accordance with all requirements of the Uniform Statewide Building Code and this
code. The owner or manager of any occupancy in Use Group R shall notify their
tenants in writing of this code requirement at the time the tenants initially occupy the
apartment and annually thereafter. A copy of this written notification shall be available
for review by the code official. This section shall not apply to detached one- and two-
family dwellings unless such storage, parking or repairing is conducted as a business.
Such businesses must then comply with all applicable provisions of the Uniform
Statewide Building Code and the Chesterfield County Code.
Chapter 5. Fire Service Features
502.1. General Definitions. Delete and substitute the following definition:
Fire Lane. An area designated by clearly visible signs and/or markings in which
parking shall be prohibited, whether on public or private property, to ensure ready
access for and to fire fighting equipment and facilities.
503.8 Illegal Use. Add subsection 503.8 as follows:
1. No person shall park or leave an unattended vehicle in or otherwise obstruct with a
vehicle any designated or marked fire lane.
2. No person shall place or locate any equipment, materials, or any other object in or
otherwise obstruct any designated or marked fire lane.
3. The penalty for violation of section 503.8(1) shall be the same as outlined for
other parking violations in the Chesterfield County Code. The penalty for violation
of section 503.8(2) shall be the same as for all other violations of this chapter.
Chapter 9 Fire Protection Systems
901.5.1 Altering or Changing Supervisory Services. Add subsection 901.5.1 as follows:
The code official shall be notified prior to any alterations to the supervisory service
equipment or if the agent providing supervisory service changes for any required fire
protection system. Functional testing shall be conducted prior to the system being
returned to service. The level of testing will be determined by the code official. All
testing shall be conducted in the presence of the code official and appropriate
documentation shall be provided to the code official to verify that the system is being
supervised as designed and in accordance with the building code in effect at the time of
installation.
901.6.1.1 Limited Area Sprinkler Systems. Add subsection 901.6.1.1 as follows:
All limited area sprinkler systems shall be inspected annually and maintained
according to NFPA 25 and in accordance with the following standards:
The sprinkler control valve shall be permanently marked with a sign stating
"Sprinkler Control Valve." Markings made with embossed plastic tape, pencil,
ink, crayon, or similar materials shall not be considered permanent. The sign
shall be secured with noncorrosive wire, chain, or other means.
2. Markings shall be provided in a conspicuous place at the sprinkler control
valve and shall state: "Notify the Fire Department (748-1251) before closing
valve."
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3. Valves connecting the limited area sprinkler system to the domestic water
supply shall be locked open in an approved manner.
901.6.3 Reporting Results of Periodic Tests. Add subsection 901.6.3 as follows:
The individual or company performing any test or inspection required under this article
shall provide the code official with a complete written record of the test or inspection
within 15 days after it is conducted. Such written record shall note plainly which
standard, as referenced by this code, was used for the test or inspection.
901.12 Permits Required.
All modifications, additions, or repair work beyond the scope of routine maintenance
and inspections require permits issued by the Building Official in accordance with the
Uniform Statewide Building Code.
904.12.1.1 Manual Operations. Add subsection 904.12.1.1 as follows:
Instructions for manually operating the fire suppression system for the commercial
kitchen exhaust system shall be posted conspicuously in the kitchen and shall be
reviewed periodically with employees by the management.
904.12.6.4 Ventilation System. Add subsection 904.12.6.4 as follows:
The ventilation system in connection with hoods shall be operated at the required rate
of air movement, and classified grease filters shall be in place when equipment under a
kitchen grease hood is used. Cooking appliances, which require a commercial kitchen
exhaust hood system, shall not be operated while the fire suppression system or kitchen
exhaust system is non -operational or otherwise impaired.
907.9 Nuisance Alarm Activations. Add section 907.9 as follows:
The owner and/or the occupant of any structure served by a fire protection system
which has activated on two or more occasions when no fire, unsafe condition or other
hazard has occurred, shall repair the system or correct conditions which are causing the
system to activate.
Chapter 10. Means of Egress
103 1. 10 Marking Means of Egress. Add subsection 103 1. 10 as follows:
The code official may require the means of egress through storage areas to be marked,
and the owner or his agent shall be responsible for marking and maintaining such aisles
as required.
Chapter 50. Hazardous Materials - General
Provisions .
5002.1 Definitions. Delete and substitute the following definition:
Hazardous Materials. Those chemicals or substances which are physical hazards or
health hazards as defined and classified in this Chapter, whether the materials are in
usable or waste condition, including flammable and combustible liquids.
Chapter 56. Explosives and Fireworks
5601.1.3.1 Fireworks Prohibited. Add subsection 5601.1.3.1 as follows:
Permissible fireworks, as defined in the Statewide Fire Prevention Code, shall not be
possessed, stored, sold, used or handled in Chesterfield County.
5601.2.2.1 Violations. Add subsection 5601.2.2.1 as follows:
No person shall store, possess, offer for sale, expose for sale, sell at retail or use or
explode any fireworks or pyrotechnic special effect materials, except as provided in the
rules and regulations issued by the code official for the granting of permits for
supervised displays of fireworks or pyrotechnic special effect materials.
5608.1 General. Add the following text to 5608.1:
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A permit shall be required for the display of fireworks and pyrotechnic special effect
materials.
5608.2 Permit Application. Add the following text to 5608.2:
Application for permits shall be made in writing at least 15 days in advance of the date
of the display or discharge of fireworks or pyrotechnic special effect materials. The
sale, possession, discharge and distribution of fireworks or pyrotechnic special effect
materials for display shall be lawful only under the terms and conditions, and for the
purpose set forth in the permit. A permit shall not be transferable, and shall not extend
beyond the dates set forth in the permit.
Chapter 57. Flammable and Combustible Liquids
5704.1.1 Prohibited Storage. Add subsection 5704. 1.1 as follows:
The storage of flammable and combustible liquid shall be prohibited in occupancies of
Use Group A, R-1, R-2, and in rental storage facilities.
5706.5.1.6 Fire Protection. Delete and substitute 5706.5.1.6 as follows:
Whenever tank vehicles are automatically loaded with flammable liquids at bulk
storage terminals without an employee in attendance, the loading rack area shall be
protected by "a completely automatic fire suppression system approved by the code
official. The system shall be designed to provide fire protection to both the loading
rack and tank vehicles and shall be supervised by an accredited central station facility.
Chapter 61. Liquefied Petroleum Gases
6101.4 Emergency Services. Add subsection 6101.4 as follows:
Anyone who supplies liquefied petroleum gas service shall have a qualified
maintenance person available. at all times to assist fire department personnel with
emergency incidents involving the service.
6109.13 Delete and substitute section 6109.13 as follows:
Protection of Containers. Containers shall be placed in a suitable enclosure or
otherwise protected against tampering. The enclosure shall be secured to the sidewalk,
concrete pad, or building to avoid tipping or movement of the enclosure. The servicing
company's name and 24-hour phone number and "NO SMOKING" signs shall be
provided and maintained on the enclosure. Vehicular protection shall be provided as
required by the fire official.
APPENDICES
The following appendices of the International Fire Code, 2015 Edition shall be an
enforceable part of this Code:
Appendix B — Fire -flow Requirements for Buildings
Appendix C — Fire Hydrant Locations and Distribution
Appendix D — Fire Apparatus Access Roads
Exception: Section D106 Multiple -Family Residential Developments and Section
D107 One- or Two -Family Residential Developments shall not be included in this
code.
Sec. 10-4. - Same—Modifications.
The chief of the fire and EMS department or the "fire official" shall have the authority
to modify any of the provisions of the Virginia Statewide Fire Prevention Code, as herein
amended, upon application in writing by an owner or lessee, or his duly authorized agent, if
the chief or fire official finds there are practical difficulties in carrying out the strict letter of
the code. The chief or fire official shall make no modifications unless the spirit of the code
is observed, public safety is secured, and substantial justice is done. The particulars of such
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modification when granted or allowed and the decision of the chief of the fire and EMS
department or fire official thereon shall be entered upon the records of the department and a
signed copy shall be furnished to the applicant.
Sec. 10-5. - Same—Board of appeals.
Any person aggrieved by any decision or interpretation of the code official may appeal.
within 14 days of notice of such decision to the local board of building code appeals which
is hereby also appointed as the board of fire prevention code appeals. The board shall,
function in conformity with Section 112 of the Virginia Statewide Fire Prevention Code.
Sec. 10-6. - Same—Penalties.
(a) Any person who violates any of the provisions of this code or the Virginia Statewide
Fire Prevention Code, as herein amended, or who fails to comply with any order made
thereunder shall for each violation and act of noncompliance be guilty of a Class 1
Misdemeanor, punishable by a fine of not more than $2,500.00 or by imprisonment for
not more than 12 months or by both. The imposition of one penalty for any single
violation shall not excuse the violation or permit it to continue and each day that such
violation continues shall constitute a separate offense.
(b) In addition to the penalties specified in subsection (a), the chief of the fire and EMS
department or his duly authorized representative may invoke any other lawful
procedure to prevent or abate any violation of this chapter.
ARTICLE II. SMOKE DETECTORS IN CERTAIN BUILDINGS
Sec. 10-21. Required.
Pursuant to the authority set forth in Code of Virginia, § 15.2-922, smoke alarms shall
be installed in (i) buildings containing one or more dwelling units which are rented ' or
leased; (ii) hotel or motel rooms and (iii) rooming houses used to provide overnight
sleeping accommodations.
Sec. 10-22. Definitions.
For purposes of this article, the following words shall be defined as follows:
(a) Dwelling unit means a single unit providing complete independent living
facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
(b) Owner means anyone vested with legal title to the property; or, beneficial
ownership and a right to present use and enjoyment of the premises, including a
mortgagee in possession.
(c) Smoke alarm means mechanical devices powered by batteries or alternating
current capable of sounding an audible alarm upon sensing visible or invisible
products of combustion, and meeting the specifications set forth by Underwriters'
Laboratories for single -station smoke alarms.
(d) Tenant means a person who rents or leases a dwelling unit.
Sec. 10-31. Installation requirements.
(a) Any person who installs a smoke alarm powered by alternating current must obtain a
permit as required by the Virginia Uniform Statewide Building Code; however, no fee
will be charged for the permit.
(b) Smoke alarms shall be installed in conformance with the Virginia Uniform Statewide
Building Code. The fire and EMS department shall approve the specific locations of
the placement of smoke alarms on walls or ceilings.
Sec. 10-32. Responsibilities for testing and maintenance.
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(a) The agent or owner of the hotel or motel shall maintain all smoke detesters alarms in
good working order at all times and shall test each smoke alarm each day at the time
the rooms are cleaned.
(b) The owner or agent of the owner of any building containing a dwelling unit which is
rented or leased shall furnish the tenant at the beginning of,each tenancy and at least
annually thereafter, with a certificate that all required smoke alarms are present, have
been inspected, and are in good working order.
(c) The tenant shall be responsible for interim testing, repair, and maintenance of smoke
alarms installed in his rented or leased unit and for providing written notice to the
owner that such smoke alarm is in need of service, repair, or replacement. The owner
or agent of the building shall be responsible for maintaining smoke alarms located in
hallways, stairwells, and other public or common areas. -
(d) The owner or agent of the owner of any building containing one or more dwelling units
which are rented or leased shall provide written notification to the tenant of the
responsibilities and duties imposed by subsection (c) of this section.
(e) The owner or agent of any building containing one or more dwelling units which are
rented or leased, or of any hotel or motel, shall provide the county with written
certification annually that all required smoke alarms are present, have been inspected
as required by this section, and are in good working order.
Sec. 10-33. Enforcement and penalties.
The chief of the fire and EMS department and his duly authorized representatives are
authorized to administer and enforce the requirements of this article. Failure to comply with
the requirements for the installation and maintenance of smoke alarms shall constitute a
violation of this chapter and shall be a Class 1 misdemeanor, punishable by a fine of not
more than $2,500.00 or by imprisonment of not more than 12 months, or by both such fine
and imprisonment. The imposition of one penalty for any single violation shall not excuse
the violation or permit it to continue and each day that such violation continues shall
constitute a separate offense.
Chapter 13
MOTOR VEHICLES AND TRAFFIC
000
ARTICLE V. REIMBURSEMENT OF EXPENSES
Sec. 13-71. Reimbursement of expenses incurred in responding to DUI and other
traffic accidents or incidents.
(a) A person convicted of violating any of the following provisions shall at the time of
sentencing or in a separate civil action be liable for restitution of reasonable
expenses incurred by the county or by any volunteer fire or rescue squad, or any
combination thereof, when providing an appropriate emergency response to any
accident or incident related to such violation or when issuing any related arrest
warrant or summons. Personal liability under this section for reasonable expenses of
an appropriate emergency response shall not exceed $1,000.00 in the aggregate for a
particular accident, arrest or incident occurring in the county:
(1) The provisions of Code of Virginia, § 18.2-51.4, 18.2-266 or -29.1-738, as
amended, or a similar county ordinance, when such operation of a motor
vehicle, engine, train or watercraft while so impaired is the proximate cause of
the accident or incident;
(2) The provisions of Code of Virginia, tit. 46.2, ch. 8, art. 7 (§ 46.2-852 et seq.), as
amended, relating to reckless driving, when such reckless driving is the
proximate cause of the accident or incident; and
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(3) The provisions of Code of Virginia, § 46.2-894, as amended, relating to
improperly leaving the scene of an accident.
(b) In determining "reasonable expenses," the county may bill a flat fee of $350.00 or a
minute -by -minute accounting of the actual costs incurred. As used in this section
"appropriate emergency response" includes all costs of providing law-enforcement,
firefighting, rescue, and emergency medical services. The court may order as
restitution the reasonable expenses incurred by the county for firefighting, rescue
and emergency medical services.
(c) The police department shall compile a report of the reasonable expenses of the
appropriate emergency response for each accident, arrest warrant, summons or
incident and forward that information to the county attorney's office or the
accounting department for appropriate proceedings. The fire and EMS
department shall have the same reporting requirements except for accidents, arrest
warrants, summonses or incidents for which restitution is sought in the underlying
criminal case.
Chapter 15
REGULATED OCCUPATIONS AND SERVICES
ARTICLE II. EMERGENCY MEDICAL SERVICE VEHICLES
Sec. 15-23. Same—Revocation.
(a) Permits issued pursuant to this article may be revoked or suspended for a term, as
hereinafter provided, by the board or the county administrator for: (i) failure to comply
with this article; (ii) failure to comply with any state statutes or regulations; or (iii)
failure to comply with rules and regulations established by the fire and EMS
department.
(b) If a permit is revoked or suspended for a term, the county administrator shall notify the
permittee in writing of such decision, the reasons for the revocation, and the
permittee's right to request a hearing. To receive a hearing, the permittee must make a
written request for 'a hearing which must be received by the county administrator
within ten days of the revocation notice. If a hearing request is not received within ten
days of the revocation notice, the suspension or revocation shall be final. If a hearing is
properly requested, it shall be held within ten days from receipt of the hearing request.
The hearing shall be presided over by the county administrator or his designee. The
appealing permittee shall have the right to present evidence and argument or to have
counsel do so. Within a reasonable time after the hearing, the county administrator
shall render his decision, which shall be final. The permittee must discontinue
operation of its business when the decision to revoke its permit is final.
(c) When the protection of public health, safety or welfare requires such action, the county
administrator or his designee may direct immediate suspension or revocation of a
permit by so stating in the revocation notice to the permittee. When action is taken
pursuant to this paragraph, the permittee must immediately discontinue the activities
granted by the permit and this article, but shall have the right to a hearing as stated in
subparagraph (b).
000
Sec. 15-25. - Rules and regulations.
The fire and EMS department may establish other rules or regulations relating to the
operation of emergency medical service vehicles. Such rules or regulations shall not be
inconsistent with state statutes or regulations.
Sec. 15-26. - Applicability of article to fire, etc., departments.
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The provisions of this article shall not apply to fire and EMS, police or sheriff
departments.
000
ARTICLE IV. COMMUNITY ANTENNA TELEVISION SYSTEMS
DIVISION 4. SYSTEMS OPERATION
Sec.. 15-6.9. - Conditions of street occupancy.
(a) The county grants to the grantee the right to use all public ways owned by the county
for the purpose of installing cable television structures, lines, equipment and facilities,
so long as such use is consistent with the legal rights owned by the county and the
requirements of this article. Prior to installing any such structures, lines, equipment and
facilities the grantee shall notify the county department of utilities of its plans. The
department of utilities may require modifications to the plans which will protect
existing utilities.
(b) The grantee shall use existing poles, conduits and other facilities whenever possible,
and all transmission and distribution structures, lines and equipment erected by the
grantee within the county shall be located to cause minimum interference with the use
of streets, and to cause minimum interference with property owners who adjoin, such
streets.
(c) Whenever the county requires the relocation or reinstallation of any property of the
grantee in any public way within the county, the grantee shall, upon notice of such
requirement and as soon as reasonably possible, remove and relocate or reinstall such
property as may be reasonably necessary to meet the requirements of the county. Such
relocation, removal or reinstallation by the grantee shall be performed within a
reasonable period of time and at the sole cost of the grantee.
(d) Whenever the grantee refuses to allow the county or a public utility serving the county
to use the poles or other wire -holding structures of the grantee, the board mayrequire
the grantee to permit such use for reasonable consideration if the board determines that
the use would enhance public convenience and would not unduly interfere with the
grantee's operations.
(e) Wherever all electrical and telephone utility wiring is located underground, either at
the time of initial construction or subsequently, the grantee's cable shall also be located
underground, at the grantee's own expense.
(f) The grantee shall, at its own expense and in a manner approved by the county, restore
to county standards and specifications any damage or disturbance caused to the public
way as a result of its operations or of construction on its behalf. The grantee shall
guarantee and maintain such restoration for a period of one year against defective
materials or workmanship. If the public way is not restored to the county's reasonable
satisfaction, the county shall have the right to have such work performed and charge all
reasonable costs to the grantee.
(g) In case of fire or other disaster, when it becomes necessary in the judgment of the chief
of the fire and EMS department or the -chief of the police department to remove_ or
damage any of the grantee's facilities, no charge shall be made by the grantee against
the county -for restoration and repair.
(h) The grantee shall have the authority to trim trees on public property at its own expense
when necessary to protect its wires and- facilities, subject to the supervision and
direction of the county. The grantee shall obtain the written consent of the county
before trimming any trees within rights-of-way.
(2) That this ordinance shall become effective immediately upon adoption.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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17.B. TO CONSIDER AMENDING SECTION 19.1-301 OF THE COUNTY
CODE RELATED TO RESIDENTIAL FENCES AND WALLS
Mr. Ray Cash -stated this date and time has been advertised
for the Board to consider amending Section 19.1-301 of the
County Code related to residential fences and walls. He
further stated the intent of this amendment is to address
certain items -related to fencing and retaining walls in
residential districts. He stated among the provisions is a,
change under which the height of fences in corner side yards
may be increased, a change which addresses permitted fence.
materials and the establishment of requirements related to
recreational fencing and retaining walls.
Mr. Elswick voiced his approval of the proposed change.
Ms. Haley.called for public comment.
There being no one to speak to the issue, the public hearing.
was closed.
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19.1-301 OF
THE ZONING ORDINANCE RELATING TO RESIDENTIAL FENCES AND WALLS
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Section 19.1-301 of the Code of the County of Chesterfield, 1997, as amended, is
amended and re-enacted, to read as follows:
Chapter 19.1
NOW
ZONING
A. Wall and Fence Materials. Except where otherwise specified, fences or walls
shall be constructed of materials designed and marketed as materials for such use.
No fence or wall shall be constructed of razor or barbed wire, debris, junk, plywood;
rolled or sheet plastic, waste materials or similar materials.
B. -Maintenance. All fences, walls and, where required, landscaping visible from
roads shall be maintained in good repair, a healthy condition for landscaping and in
compliance with required conditions.
C. Fences and Walls Height. Except where otherwise specified a fence or wall, to
include posts or supporting structures, shall not exceed the following height
limitations:
L 1. Front yards: 4 feet; and
= 2. Rear and side yards: 7 feet.
= 3. Corner side yard:
a. 4 feet; or
b. 7 feet, provided the fence or wall meets the required corner side yard
setback for a principal structure, does not extend towards the front of the
dwelling beyond the rear fagade and incorporates a minimum of two (2)
design elements listed herein. Such elements shall be continued for entire
length of fence or wall facing a road:
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• Decorative .fencing such as rot resistant wood, vinyl, wrought iron, or
other decorative metal fencing materials.
• Fencing has decorative features such as shadow box, scallops or other
design as approved by director of planning.
• Wall is constructed of, or fence incorporates, quality materials such as
brick, stone, masonry materials or durable products intended to have
appearance of such materials;
• Side of the fence or wall facing a road and adjacent properties has a
decorative appearance or does not have support structures or framing; or
• Supplemental landscaping. Along exterior of fence adjacent to road,
minimum of 1 medium shrub every 5 feet and 1 tree every 30 feet.
Plantings and materials shall comply with Sec. 19.1-250.
D. Fencing for Recreational Uses.
1. Residential Lots. For residential lots having a' private recreational use such as
tennis, basketball, or similar sports, netting, made of nylon mesh or similar
material, may be permitted up to a height of 10 feet adjacent to the use. Netting
and support structures shall meet the accessory structure setback for the district.
E. 2. Neighborhood Recreational Facilities. For neighborhood recreational facilities
located on open space, tennis courts, basketball courts or similar uses may have
non-opaque fencing up to 10 feet in height directly adjacent to such courts. Such
fencing shall consist of vinyl coated chain link or similar quality low maintenance
material. Fencing shall comply with setback requirements for the use enclosed.
Retaining Walls.
1. Appearance, Height, Setbacks and Landscaping. Retaining walls shall meet the
following requirements:
a. Appearance. Retaining walls shall be compatible with the principal building
on the lot, or if the use is in open space where there is not a building on the
lot, then the walls should be compatible with the principal structure or
common materials within the principal buildings within the development.
Compatibility shall be accomplished with use of integrated color block,
other material similar in appearance to that of the principal structure, or an
earth tone color acceptable to the director of planning.
b. Height. Except as provided herein, retaining walls shall comply with the
height requirements of 19.1-301.A. In a rear yard, where the - director of
planning determines that the visibility or impact of such wall on adjacent
properties will be minimized due to location, orientation, or other factors,
the height of a retaining wall may be permitted to exceed the permitted
height, but in no case shall exceed 10 feet. Where permitted to exceed the
required height, such wall shall meet the applicable yard setback for a
principal structure.
c. Multiple walls. For the purpose of determining height, where multiple
retaining walls are built within a yard, walls that serve to change the
topography of the lot within such yard shall be considered one wall where
such walls are not separated by a distance of 10 feet.
d. Landscaping for Walls Seven Feet or Greater in Height. If the wall is 7 feet
or greater in height and is facing an adjacent property or road, plantings
including a variety of evergreen trees and shrubs shall be planted along the
base of the Wall to break up the visual impact. Landscaping shall be located
in a landscaped area a minimum of 10 feet in width that is free from
easements, overhead or underground utilities, or other encumbrances that
might prevent the installation of required .landscaping. A landscape plan
shall accompany application for such walls and be subject to approval by the
director of planning.'
2. Retaining Wall Integral Elements within Property Bounds. Except as specified
herein, retaining walls, to include support structures and materials that are
integral to the wall such as geotextiles or similar materials, shall be located
within the bounds of a single lot, or recorded open space where applicable, and
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be the maintenance responsibility of the owner unless an easement is established
for maintenance by an entity, other than the lot owner, such as a homeowner's
association. Where retaining walls cross lot lines, such walls shall be located
within an easement dedicated to the property homeowners' association, and be.
of sufficient width to encompass wall, support structures and materials. The
easement shall provide for wall maintenance. If within an easement it shall be
identified on the record plat as well as site or construction plans for such
development. Where retaining wall is maintained by entity other than the lot
owner, notice shall be provided to the lot owner by the entity providing such
maintenance of actions such as digging "or excavating that may affect wall
structural integrity.
3. Safety Measures. For retaining walls having a height of 4 feet or greater, a non-
opaque 3 to 4 foot in height fence, shall be installed on the upper side of the
wall. If visible from road or adjacent property, the fence shall have a decorative
design. Safety measures shall be incorporated between the fence and parking
areas to create a physical impediment to a vehicle reaching the edge of the wall.
F. Visual Obstructions.
1. Corner Lot. Structures or plantings which might obstruct vision between a
height of 2 feet and a height of 8 feet above the established curb grade shall not
be permitted within 30 feet in either direction from the corner.
2. Intersections of Drive with Road. At the intersection of a drive with a road,
structures or plantings shall not be permitted which might obstruct visibility
between a height of 2 feet and 8 feet above the elevation of a driveway that is
perpendicular, and adjacent to, the structure or planting within the visibility
triangle. The visibility triangle is determined by measuring in two directions
from the intersection of the road and the drive: 10 feet landward from the road
and 10 feet parallel to the road, and then connecting the 2 points with a, straight
line.
Figure: Visual
VISIBILITY
2!LA
$
'd N
14
O -> Measure to fe
a rl from corner
A
Road 40
Measure 10 feet from
corner
Measure 30 feet from
corner Road
B
Measure 30 feet VISIBILITY
-from corner.
Connect A & B
,b points
cd
O
a
(2) That this ordinance shall become effective immediately upon adoption.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
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17.C. TO CONSIDER THE FY2021 AND FY2022 TRANSPORTATION
ALTERNATIVES PROJECTS
Mr. Jesse Smith stated this date and time has been advertised
for the Board to consider the FY2021 and FY2022
Transportation Alternatives Projects. He further stated
Transportation Alternatives (TA) funding is intended for
smaller -scale,- non-traditional transportation projects. He
stated TA projects are financed with 80 percent VDOT funds
and a minimum 20 percent local match.. He noted the local
match is usually provided from county funds, other sources,
and/'or from in-kind contributions.
Ms. Jaeckle voiced her support of the proposed projects.
Ms. Haley called for public comment.
Ms'. Elizabeth Florek expressed her appreciation for investing
in sidewalks on Jefferson Davis Highway.
There being no one else to speak'to the issue, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, it is necessary that the local governing body
request, by resolution, approval of a proposed transportation
alternatives project.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County requests the Commonwealth.
Transportation Board provide funding for the Courthouse Road
(Courts Complex Road to Route 10) Trail project and the Route
1 (Gettings Lane to Dwight Avenue) Sidewalk and. Bike
Improvements.
AND, BE IT FURTHER RESOLVED that the Board hereby agrees
to pay 20 percent of the total estimated cost of $225,000 for
construction of the Clover Hill Area School Pedestrian
Improvements project, and 20 percent of the total estimated
cost of $1,125,000 for construction of the Bon Air Pedestrian
Improvements project.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
17.D. TO CONSIDER AN ORDINANCE TO VACATE A TWENTY -FOOT
ALLEY WITHIN BLOCK 51, MAP OF BON AIR KNOLLS
SUBDIVISION
Mr. John Harmon stated this date and time has been advertised
for the Board to consider an ordinance to vacate a twenty -
foot alley within Block 51, Map of Bon Air Knolls
subdivision.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
0
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On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to ANTHONY J. WINSTEAD, JR.; T.K.
HUGHES, TRUSTEE OF THE T.K. HUGHES
REVOCABLE TRUST UNDER AGREEMENT DATED MAY
21, 2003; and BETHANY CAROL EZELL, CECIL
R. POPE, ROBIN POPE CLEMENTS and KENNETH
L. POPE, heirs of ALMA COSBY POPE,
("GRANTEE"), a 20' alley across Block 51,
Map of Bon Air Knolls, MIDLOTHIAN
Magisterial District, Chesterfield
County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's
Office, Circuit Court, Chesterfield
County, Virginia in Plat Book 4, at Page.
139.
WHEREAS, Anthony J. Winstead, Jr., T.K. Hughes, Trustee
of the T.K. Hughes Revocable Trust Under Agreement Dated May
21, 2003; and Bethany Carol Ezell, Cecil R. Pope, Robin Pope
Clements and Kenneth L. Pope, heirs of Alma Cosby Pope,
petitioned the Board of Supervisors of Chesterfield County,
Virginia to vacate a 20' alley across Block 51, Map of Bon,
Air Knolls, Subdivision, MIDLOTHIAN Magisterial District,
Chesterfield County, Virginia more particularly shown on a
plat of record in the Clerk's Office of the Circuit Court of
said County in Plat Book 4, Page 139, by W.W. LaPrade &
Bros., dated MAY 1, 1928, recorded JUNE 11, 1928. The alley
petitioned to be vacated is more fully described as follows:
A 20' alley, across Block 51, Map of Bon
Air Knolls, Subdivision, the location of
which is more fully shown on a sketch
attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code 'of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the alley sought to be vacated:
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid alley 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 sketch 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 centerline of the alley hereby
vacated in the adjoining property owners within Block 51, Map
19-400
06/26/19
of Bon Air Knolls Subdivision, free and clear of any rights
of public use.
Accordingly, this Ordinance shall be indexed in the
names of the GRANTOR and GRANTEE, or their successors in
title.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
17.E. TO CONSIDER THE CONVEYANCE OF -RIGHT OF WAY FOR THE I-
95 AT ROUTE 10 INTERCHANGE IMPROVEMENTS PROJECT
Mr. Harmon stated this date and time has been advertised for
the Board to consider the conveyance of right of way for the
I-95 at Route 10 Interchange Improvements Project.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms.� Jaeckle, seconded by Mr. Holland, the Board
approved the conveyance of right of way to the Commonwealth
of Virginia, Department of Transportation for the I-95 at
Route '10 Interchange Improvements Project and authorized the
Chairman of the Board and County Administrator to sign the
deed.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining manufactured home permits and zoning.
requests.
19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
20. ADJOURNMENT
On motion of Mr. Holland, seconded by,Ms. Jaeckle, the Board
adjourned at 10:57 p.m. until July 24th at 2:00 p.m. for a
work session in Room 502.
Ayes: Haley, Elswick, Jaeckle, Winslow and Holland.
Nays: None.
Chairman
19-401
06/26/19