2008-06-25 MinutesBOARD OF SUPERVISORS
MINUTES
June 25, 2008
Supervisors in Attendance:
Mr. Arthur S. Warren, Chairman
Mr. Daniel A. Gecker, Vice Chrm
Ms. Dorothy Jaeckle
Mr. James "Jim" Holland
Ms. Marleen K. Durfee
Mr. James J. L. Stegmaier
County Administrator
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Staff in Attendance:
Lt. Col. John Austin,
Police Department
Mr. Mike Bacile,
Dir., Purchasing
Ms. Janice Blakley,
Clerk to the Board
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Kevin Bruny, Dean,
Chesterfield University
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Barry Condrey, Chief
Information Officer
Mr. Will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Mr. William Dupler,
Building Official
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Revitalization
Mr. William E. Johnson,
Deputy County Admin.,
Management Services
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Ms. Mary Lou Lyle, Dir.,
Accounting,
Chief Paul Mauger,
Fire Department
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Mr. Jay Payne, Asst. to
Dep. County Administrator
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Mr. Glen Peterson, Dir.,
Community Correction
Services
Ms. Lynda Price,
Emergency Management
Coordinator
Mr. Dean Sasek, Asst.
Real Property Manager
Ms. Sarah Snead, Dir.,
Social Services
Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
Mr. Warren called the regularly scheduled meeting to order at
3:04 p.m.
1. APPROVAL OF MINUTES FOR MAY 28, 2008
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
approved the minutes of May 28, 2008, as submitted.
Ayes: Warren, Gecker, Jaeckle and Holland.
Nays: None.
Absent : Durfee .
2. COUNTY ADMINISTRATOR'S COMMENTS
(Ms. Durfee arrived at the meeting.)
2.A. VIRGINIA'S GATEWAY REGION PRESENTATION
Mr. Stegmaier introduced Ms. Renae Wyatt-Chapline, who was
present to present the Board with an update on the Virginia
Gateway Region's efforts to enhance the region.
Ms. Wyatt-Chapline expressed appreciation to the Board for
the opportunity to speak. She provided information on
regional industry clusters, publications, and marketing
missions.
Mr. Holland thanked Ms. Wyatt-Chapline for her presentation
and her hard work.
2.B. INTRODUCTION OF DIVERSITY INTERNSHIP PARTICIPANTS
Mr. Stegmaier stated this is the 20th year for the county's
Diversity Internship Program and it provides a valuable
resource to the county. He called forward the interns, who
introduced themselves to the Board.
Mr. Warren thanked the interns for their participation in the
program.
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3. BOARD MEMBER REPORTS
Mr. Gecker requested at future meetings an item be added to
the County Administrator's Comments to update the Board on
the progress of projects they have requested from staff.
Mr. Warren stated the county needs to take a stand regarding
the transportation plan being considered by the General
Assembly.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Gecker, seconded Ms. Durfee the Board moved
Item 8.B.5., Appointments to the Chippenham Place Community
Development Authority to follow Item 18.E. Public Hearing to
Consider Adoption of an Ordinance Creating the Chippenham
Place Community Development Authority to Support the
Redevelopment of Cloverleaf Mall; replaced Item 8.D.1.,
Authorize the County Administrator or His Designee to Execute
a Police Memorandum of Understanding Between Chesterfield
County and the Virginia State Police Related to the
Chesterfield Police Department's License Plate Screening
Project, to provide additional details about the agreement;
added Item 8.D.2.f., Adoption of Resolution Urging the
General Assembly to Adopt a Statewide Sustainable
Transportation Plan at the request of a Board member;
replaced Item 8.D.16., Approval of FY2008 Year-End
Adjustments to revise Schedule A; added Item 8.D.17.,
Cancellation of Public Hearing to Consider the Exercise of
Eminent Domain for the Acquisition of Sewer and Temporary
Construction Easements for the Sunnybrook Pump Station Relief
Sewer Project because staff has acquired the easements that
were the subject of the eminent domain proceedings; and added
Item 8.D.18., Authorize the Establishment of a Trust by the
Chesterfield County Health Center Commission for the Purpose
of Accumulating and Investing Assets to Fund Post-Employment
Benefits Other than Pensions, to meet the Health Center
Commission's June 30th deadline.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
5. RESOLUTIONS
S.A. RECOGNIZING MR. RAY POINDEXTER, DEPARTMENT OF GENERAL
SERVICES, FLEET MANAGEMENT DIVISION, UPON HIS
RETIREMENT
Mr. Key introduced Mr. Ray Poindexter, who was present, with
his wife, to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Ray Poindexter
providing more than thirty-one
faithful service to Chesterfield
County Public Schools; and
retired May 1, 2008 after
years of dedicated and
County and Chesterfield
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WHEREAS, Mr. Poindexter began his service September 3,
1976 as an Automotive Technician for Chesterfield County
Public Schools; and
WHEREAS, Mr. Poindexter served as automotive technician,
in the Department of General Services, Fleet Management
Division for fifteen years; and
WHEREAS, Mr. Poindexter has seen the county bus fleet
nearly double, to its present size of almost 600 buses; and
WHEREAS, Mr. Poindexter always performed his duties and
responsibilities in a professional manner, and placed the
welfare and safety of the children and operators of
Chesterfield County Public Schools and fellow county
employees above his own; and
WHEREAS, Mr. Poindexter strived to better himself as a
county employee by earning the National Institute for
Automotive Service Excellence Master School Bus Technician
certification; and
WHEREAS, Mr. Poindexter was instrumental in helping
maintain a 95 percent daily school bus availability rate.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 25th day of June 2008,
publicly recognizes Mr. Ray Poindexter and extends
appreciation for his more than thirty-one years of dedicated
service to the county, congratulations upon his retirement
and best wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of the
resolution be presented to Mr. Poindexter and that this
resolution be recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Ms. Durfee presented the executed resolution, acrylic statue
and watch to Mr. Poindexter, expressed appreciation for his
dedicated service and congratulated him on his retirement.
Mr. Poindexter expressed appreciation to Board for the
recognition and to his wife for her support through the
years.
5.B. RECOGNIZING BOULEVARD FLOWER GARDENS AT RUFFIN MILL AS
THE 2008 FIRST CHOICE BUSINESS OF THE YEAR
Mr. Davis introduced Mr. Mark and Mrs. Francine Landa, the
owners of Boulevard Flower Gardens at Ruffin Mill, who were
present to receive the recognition.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Board of Supervisors
and Chesterfield County Economic Development established a
Business Awards Program to recognize existing businesses
within the county that contribute to the County's economy and
its citizens; and
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WHEREAS, Boulevard Flower Gardens at Ruffin Mill is
located at 2100 Ruffin Mill Road and employs approximately 70
employees, 38 full-time, 12 part-time and 20 seasonal; and
WHEREAS, Boulevard Flowers' mission is to "provide robust and
healthy material, accurate horticulture advice and
professional services to educate customers and insure
gardening success"; and
WHEREAS, in 2007, Boulevard Flowers moved to a new
33,000-square-foot facility on Ruffin Mill Road sitting on 25
acres housing their retail operations, nursery and garden
center; and
WHEREAS, Boulevard Flowers' community service activities
include support of the Christ and Grace Church, Virginia Tech
and Make-A-Wish Foundation and the company also initiated
growing over 6,000 mums for fall fund-raising projects for
school and sports groups; and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of June 2008,
publicly expresses its gratitude on behalf of the county to
Boulevard Flower Gardens at Ruffin Mill for its many
contributions by recognizing it as the 2008 First Choice
Business of the Year.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Boulevard Flower Gardens at Ruffin
Mill and that this resolution be permanently recorded among
the papers of this Board of Supervisors of Chesterfield
County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Ms. Jaeckle presented the executed resolution to Mr. and Mrs.
Landa and congratulated Boulevard Flower Gardens at Ruffin
Mill on its selection as the 2008 First Choice Business of
the Year.
Mr. and Mrs. Landa expressed appreciation to the Board for
the recognition and stated they are honored to be selected as
the First Choice Business of the Year.
5.C. RECOGNIZING COMCAST METRO RICHMOND FOR ITS GENEROUS
DONATION TOWARDS THE 2008 "CHESTERFIELD CELEBRATES"
CAMPAIGN BY THE PARKS AND RECREATION DEPARTMENT
Mr. Golden introduced Mr. Henry Pearl and Ms. Monica
Callaghan, who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Parks and Recreation
Department provides wholesome, family activities for the
enjoyment of county residents; and
WHEREAS, the annual Fourth of July Celebration, Richmond
Symphony concerts at Pocahontas Park, and Parade of Lights
are among the free events that offer entertainment to
citizens of all ages; and
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WHEREAS, Comcast Metro Richmond has continued to provide
a generous donation to be used by the Parks and Recreation
Department towards the 2008 "Chesterfield Celebrates"
campaign; and
WHEREAS, this donation is a major component toward the
enhancement of the special events funded through this
campaign; and
WHEREAS, Comcast Metro Richmond continues to give back
to the Chesterfield community through their sponsorship; and
WHEREAS, through the cooperative efforts of Mr. Henry
Pearl, Area Vice President and General Manager, and Kenneth
M. Dye, Director Government Affairs and Community Affairs,
the spirit of community/private partnerships has provided the
department with increased awareness to explore similar
opportunities for other programs; and
WHEREAS, Chesterfield County greatly appreciates this
donation and is looking forward to continuing a strong
relationship with Comcast Metro Richmond.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of June 2008,
publicly recognizes Comcast Metro Richmond for its generous
contribution toward the 2008 "Chesterfield Celebrates"
campaign.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Comcast Metro Richmond and that
this resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Mr. Holland presented the executed resolution to Mr. Pearl,
accompanied by Ms. Callaghan and Mr. Dave Caras, Community
Recreation Manager with the Parks and Recreation Department,
and expressed appreciation for Comcast Metro Richmond's
generous donation, as well as the numerous contributions they
provide to the county.
Mr. Pearl expressed appreciation to the Board for the
recognition and stated he hopes the partnership with
Chesterfield County continues.
6. WORK SESSIONS
6.A. REVIEW OF 2008 GENERAL ASSEMBLY SESSION
Mr. Micas summarized 2008 General Assembly legislative
changes requiring Board action, as well as optional
legislative changes permitting Board action, and provided
staff's recommendations for the legislative changes. He
provided details of the legislative changes relative to the
local system for tax relief for the elderly and handicapped
to provide for localities using. the taxpayer's current
income.
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Ms. Jaeckle stated she would like to see the issue of raising
the maximum value of the taxpayer's home, with regards to the
tax relief for the elderly and handicapped, addressed with
the Budget and Audit Committee.
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Mr. Stegmaier stated the value of the taxpayer's home is
excluded from the calculation of the net worth.
Mr. Holland stated the Budget and Audit Committee is
contemplating the maximum net worth.
In response to Mr. Gecker's question, Mr. Stegmaier stated
the county has a sliding scale of exemptions and the Budget
and Audit Committee will review the options.
In response to Mr. Stegmaier's question, Mr. Carmody stated
there is a $2,000 limit as to how much tax relief can be
granted.
Ms. Jaeckle stated she has had discussions with older
residents in the county, whose property assessments have
increased, and it is causing their taxes to increase.
In response to Mr. Gecker's questions, Mr. Micas stated a
person can appeal an overcrowded dwelling conviction in ten
to thirty days. He further stated the county has been unable
to determine the number of parking tickets that are handicap
related. He stated the Police Department does not keep
separate statistics on handicapped tickets versus regular.
tickets.
Mr. Gecker made a motion, seconded by Mr. Warren for the
Board to accept staff's recommendation with exception to item
6.
In response to Mr. Warren's and Mr. Holland's questions, Mr.
Jeff Mincks stated staff recommends no action on the item
regarding limiting bus engine idling time to 15 minutes,
which is intended for commercial buses only.
In response to Ms. Durfee's question, Mr. Mincks stated the
purpose of the legislative action relative to bus engine
idling was for reduction of pollutants and noise, and it came
from an urban environment.
Mr. Warren then called for a vote on the motion made by Mr.
Gecker, seconded by Mr. Warren, for the Board to refer to the
Planning Commission for recommendation the legislative
changes relative to: 1) amending the county's subdivision
ordinance to include "stepchildren" within the definition of
"immediate family" for family subdivisions; 2) amending the
zoning ordinance to comply with new requirements 1) allowing
the rebuilding of damaged nonconforming structures and 2)
characterizing illegal structures as legally nonconforming
structures if a building permit has been issued or taxes have
been paid for 15 years; 3) amending the subdivision ordinance
to increase the length of time that tentative subdivision
plats are valid in "multiphase" developments; 4) amending the
zoning ordinance to permit owners of nonconforming structures
damaged by a natural disaster to rebuild without obtaining a
variance; 5) amending the Comprehensive Plan and subdivision
ordinance to develop land use plans and subdivision
regulations relating to dams and to the dam inundation zones
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below dams; and 6) amending the zoning ordinance to reduce
the time for an owner to appeal an overcrowded dwelling
conviction and to increase the fine for such violations.
And, further, for the Board to set public hearings on an
ordinance amendment to amend the County Code to exempt one
vehicle owned by a current member of a police volunteer
citizen support unit (Crime Solvers) with 10 years service
and any former member with 10 years service for police, fire
and other volunteer groups or paid police and fire from
license fees.
And, further, for the Board to refer to the Budget and Audit
Committee for recommendation the legislative change relative
to amending tax relief for the elderly and handicapped by
changing eligibility requirements under the net worth and
annual income tests; and to refer to the Budget and
Management Department for recommendation the legislative
change relative to amending the County Code to separately
classify energy efficient buildings for a lower real estate
tax rate.
And, further the Board took no action at this time on the
legislative changes relative to limiting bus engine idling to
15 minutes; separately classify "low-speed vehicles" for
reduced personal property taxation; and reducing the fine for
parking in handicapped space without displaying windshield
placard, if the placard is in the vehicle.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
7. DEFERRED ITEMS
7.A. CONSIDERATION OF ROAD IMPACT FEES
Mr. Micas stated the Board held a public hearing and deferred
to this date consideration of road impact fees. He further
stated there are currently no items at the General Assembly
Transportation session that will affect the local authority
of road impact fees.
Mr. Warren stated VACo has a quarterly meeting scheduled, and
he would like to find out what other localities are doing in
regards to the road impact fees.
In response to Mr. Warren's question, Ms. Durfee stated at
the recent High Growth Coalition meeting, there was no
consensus on the way other localities are planning on
handling the road impact fees.
Ms. Jaeckle reminded the Board of the need to meet with
legislators to discuss road impact fees and proffers.
Discussion ensued relative to the need to wait until the
completion of the General Assembly Transportation session
before making a decision on the road impact fees.
Mr. Warren requested information from localities with the
opportunity to adopt road impact fees, regarding their stand
on the issue.
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Mr. Micas stated Stafford County had adopted the previous
impact fee authority and that no locality has adopted the
2008 impact fee authority.
Ms. Durfee stated the High Growth Coalition discussed the
Watkins Bill (SB 768), and there will not be a report
available until the 2010 General Assembly.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
deferred the consideration of road impact fees to September
24, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8. NEW BUSINESS
8.A. APPROVAL OF AMENDED AND RESTATED PURCHASE AND SALE
AGREEMENT WITH CROSLAND INVESTMENTS LLC FOR CLOVERLEAF
MALL
Assistant County Attorney Tara McGee provided details of the
amended and restated agreement for the purchase of Cloverleaf
Mall with Crosland Investments LLC. She stated the first
contract with Crosland in January 2007 was subject to some
uncertainties. She further stated the majority of the
uncertainties have been resolved in a positive manner,
including an acceptable redevelopment plan; the ground lease
contract to close in August; and an agreement of an incentive
of $11.3 million to a community development authority. She
stated if Crosland Investments LLC decides to purchase in
three phases in three and five years, they will pay the
interest costs. She further stated the Economic Development
Authority authorized the execution of the agreement.
Mr. Gecker expressed appreciation to Mr. Downs with Crosland
Investments LLC for his willingness to work with the Board on
this matter and to staff for their hard work.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved an amended Agreement with Crosland Investments LLC
for the redevelopment of Cloverleaf Mall.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B. APPOINTMENTS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
suspended its rules to allow simultaneous nomination/
appointment/reappointment of members to serve on various
committees.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Ms. Jaeckle stated the Board appointment process is one of
the most overwhelming parts of being a Board member. She
further stated she would like to have a manual which
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describes all of the committees and the expirations of the
committee members.
Mr. Warren stated staff could summarize in the beginning of
the agenda item the purpose of the committee and the staff
contact.
Ms. Jaeckle stated she would like to receive this information
more than a week before the Board meeting.
Mr. Gecker stated he had recently met with the Deputy County
Administrator and the Clerk to the Board relative to the
appointment process and requested that vacancies in the
Midlothian District be advertised on the website. He further
stated he wants to broaden the reach to people that may be
interested in county appointments. He stated he believes in
term limits for elected officials and appointees to allow for
fresh ideas on the committees. He further stated
reappointment to committees will not be automatic as it has
been in the past.
Mr. Holland agreed and stated he has recently been meeting
with those appointed to committees.
Ms. Durfee suggested having a checklist provided to the Board
members when they have appointments in the near future.
8.B.1. ECONOMIC DEVELOPMENT AUTHORITY
Mr. Warren stated Mr. Hughes represents the Clover Hill
District and Mr. Whitehurst represents the Midlothian
District. He further stated the Economic Development
Authority has taken on new responsibilities and stability is
important.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
simultaneously nominated/appointed/reappointed Mr. John W.
Hughes and Mr. Harril Whitehurst to serve on the Economic
Development Authority, whose terms are effective July 1, 2008
and will expire June 30, 2012.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.2. COMMUNITY CRIMINAL JUSTICE BOARD
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
simultaneously nominated/reappointed The Honorable Frederick
G. Rockwell, III, The Honorable Thomas L. Murphey, The
Honorable William W. Davenport, Mr. Brad Peebles, Mr. Lee
Coble, Colonel Thierry Dupuis, Sheriff Todd B. Wilson,
Colonel Jeffrey W. Faries, Mr. Kelly Furgurson, and Ms.
Eileen Brown to serve on the Community Criminal Justice
Board, whose terms are effective July 1, 2008 and will expire
on June 30, 2010.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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8.B.3. SOCIAL SERVICES BOARD
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
simultaneously nominated/reappointed Ms. Mary "Liz" Welchons
to serve on the Social Services Board, whose term is
effective July 1, 2008 and will expire on June 30, 2012.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.4. CITIZENS TRANSPORTATION ADVTSnRY CnMMTTTF~
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
simultaneously nominated/appointed Mr. Herbert Richwine and
Mr. John Jacobs to serve on the Citizens Transportation
Advisory Committee, whose terms will begin July 1, 2008 and
will expire on June 30, 2010.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.C. STREETLIGHT INSTALLATION COST APPROVALS
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the following streetlight installation in the Dale
District:
• In the Belmont Woods subdivision, on Fieldstone Road, in
the vicinity of 5736
Cost to install streetlight: $351.47
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D. CONSENT ITEMS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
removed the following items from the consent agenda for
public comment: Item 8.D.2.f., Adoption of Resolution Urging
the General Assembly to Adopt a Statewide. Sustainable
Transportation Plan; and Item 8.D.18., Authorize the
Establishment of a Trust by the Chesterfield County Health
Center Commission for the Purpose of Accumulating and
Investing Assets to Fund Post-Employment Benefits Other than
Pensions.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.1. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A
POLICE MEMORANDUM OF UNDERSTANDING BETWEEN
CHESTERFIELD COUNTY AND THE VIRGINIA STATE POLICE
RELATED TO THE CHESTERFIELD POLICE DEPARTMENT'S
LICENSE PLATE SCREENING PROJECT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the County Administrator to execute a Memorandum
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of Understanding with the State Police on behalf of the
County, in a form approved by the County Attorney.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.2. ADOPTION OF RESOLUTIONS
8.D.2.a. RECOGNIZING MRS. PHYLLIS S. MORELLI, DEPARTMENT OF
REAL ESTATE ASSESSMENTS, UPON HER RETIREMENT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mrs. Phyllis S. Morelli began her tenure of
public service with Chesterfield County as a Residential
Appraiser in the Department of Real Estate Assessments on
September 4, 1984; and
WHEREAS, Mrs. Morelli was promoted to the position of
Commercial Appraiser in January 198.7, and was promoted to
Residential Appraisal Supervisor in May 1994; and
WHEREAS, Mrs. Morelli became a member of the
International Association of Assessing Officers in 1984 and
was awarded IAAO accreditation status in March 1998; and
WHEREAS, Mrs. Morelli became a member of the Virginia
Association of Assessing Officers in February 1982, holding
positions as Historian and Chaplain and serving on the VAAO
Board of Directors, and chairing the Annual Education
Committee, Annual Meeting Committee, Annual Conference
Committee, and the Resolutions Committee; and
WHEREAS, Mrs. Morelli was licensed by the State of
Virginia as a Certified General Real Estate Appraiser on July
19, 1994; and WHEREAS, in her role as Appraisal Supervisor,
Mrs. Morelli effectively and efficiently coordinated the
annual residential and agricultural property assessment
program; and
WHEREAS, Mrs. Morelli was selected as the Department of
Real Estate Assessments Employee of the Year in 1995; and
WHEREAS, Mrs. Morelli has been a dedicated and faithful
employee of the County of Chesterfield for 24 years; and
WHEREAS, Mrs. Morelli will be missed by her staff and
peers for her expertise in the property assessment field.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Phyllis S. Morelli, expresses
appreciation on behalf of all residents for her service to
the county, congratulations upon her retirement, and best
wishes for a long and happy retirement.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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8.D.2.b. RE-AUTHORIZING THE CONTINUED IMPLEMENTATION OF THE
COMPREHENSIVE COMMUNITY CORRECTIONS ACT, THE RE-
ESTABLISHMENT OF THE CHESTERFIELD-COLONIAL HEIGHTS
COMMUNITY CRIMINAL JUSTICE BOARD AND CONTINUED
PROVISION FOR JOINT EXERCISE OF POWERS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Virginia General Assembly adopted
legislation entitled the Comprehensive Community Corrections
Act for Local Responsible Offenders, Article 9 (§ 9.1-173 et.
seq.) of the Code of Virginia and the Pretrial Services Act,
Article 5 (§ 19.2-152.2 et seq.) of the Code of Virginia,
both of which were effective July 1, 1995; and
WHEREAS, §§ 9.1-174 and 19.2-152.2 of the Code of
Virginia permitted counties and cities or combinations
thereof to develop and establish local pretrial or community-
based probation services pursuant to these Acts; and
WHEREAS, §§ 9.1-178 and 19.2-152.5 of the Code of
Virginia required that each county and city establishing and
operating local community-based probation and pretrial
services establish a Community Criminal Justice Board, and in
the case of multi-jurisdictional efforts, that each
jurisdiction mutually agree upon the number of appointments
to said board; and
WHEREAS, in 1995, the County of Chesterfield did
establish with the City of Colonial Heights a local pretrial
and community-based probation services program and a
Community Criminal Justice Board; and
WHEREAS, recent changes in the law and changes in State
policy require that the County re-authorize existing pretrial
and community-based services agencies and programs and re-
authorize the establishment of the Community Criminal Justice
Board.
BE IT THEREFORE RESOLVED that the County of Chesterfield
jointly agrees with the City of Colonial Heights to implement
the services and programs required by the Comprehensive
Community Corrections Act for Local Responsible Offenders and
the Pretrial Services Act with, pursuant to § 9.1-183,
Chesterfield County acting as the administrator and fiscal
agent on behalf of the participating localities:
BE IT FURTHER RESOLVED that the County of Chesterfield
re-establishes the Chesterfield-Colonial Heights Community
Criminal Justice Board; that said board shall fulfill its
responsibilities pursuant to § 9.1-180; and shall, at a
minimum, be composed of the following members, pursuant to §
9.1-178 of the Code of Virginia:
• One person appointed by the Chesterfield County Board of
Supervisors and one person appointed by Colonial Heights
City Council
• A circuit court judge representing the 12th Judicial
Circuit as agreed upon by the judges of said circuit
• A judge of general district court, representing the 12th
Judicial District as agreed upon by said judges of the
district
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• A judge of the juvenile and domestic relations district
court representing the 12th Judicial District as agreed
upon by the said judges of the district
• The Chief Magistrate for Chesterfield County and City of
Colonial Heights
• A Commonwealth's Attorney representing Chesterfield
County and Colonial Heights
• An attorney experienced in the defense of criminal
matters who is a current member of the Virginia State
Bar
~ A sheriff from Chesterfield County and Colonial Heights
• A representative from the police departments of
Chesterfield County and Colonial Heights
• A community services board Administrator from
Chesterfield County and Colonial Heights
• A local educator
BE IT FURTHER RESOLVED that this resolution supersedes
and replaces all prior resolutions approved by the County
relating to the establishment of required services and the
formation of the Chesterfield-Colonial Heights Community
Criminal Justice Board.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.2.c. RE-ADOPTING THE UPDATED EMERGENCY OPERATIONS PLAN
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, there exist dangers of many types including
man-made disasters, natural disasters and possible hostile
actions of an unknown enemy; and
WHEREAS, the safety and protection of the citizens and
property are the foremost concern to the Board of Supervisors
of Chesterfield County; and
WHEREAS, the revision of the Emergency Operations Plan
will bring Chesterfield County in compliance with the
National Incident Management System, also known as NIMS; and
WHEREAS, the Board of Supervisors desires and the
Commonwealth of Virginia and Federal Government require the
adoption of appropriate planned protection measures.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of the County of Chesterfield this 25th day of
June 2008 that it hereby adopts the Chesterfield County
Emergency Operations Plan with annexes as written as the
necessary basic plan for county emergency management.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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8.D.2.d. RECOGNIZING MR. LOUIS C. PARTIN, JR., UTILITIES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. Louis C. Partin Jr. will retire from the
Chesterfield County Utilities Department on July 1, 2008; and
WHEREAS, Mr. Partin in his earlier. career, worked for
the Virginia Department of Transportation; and
WHEREAS, Mr. Partin began his public service with
Chesterfield County on May 24, 1971, as a Construction
Inspector and later as a Principle Utility Inspector and
Construction Inspections Supervisor for the Chesterfield
Utilities Department, where he has faithfully served the
department and county for over thirty seven years; and
WHEREAS, Mr. Partin, was responsible for ensuring the
highest quality of construction for the installation of the
utility infrastructure, including the construction of
numerous, critical facilities that continue to serve the
utility system to this day; and
WHEREAS, Mr. Partin performed an outstanding job
inspecting major infrastructure such as the Midlothian water
line project which consisted of the construction of 9,810
lineal feet of 30 inch water transmission line and the
Appomattox River water Authority water line project which
consisted of the construction of 5,900 lineal feet of 36 inch
water transmission line; and
WHEREAS, Mr. Partin inspected the 750,000 gallon Dutch
Gap elevated water tank, the 1 million gallon Bermuda Hundred
elevated water tank, and the 2 million gallon Physic Hill
elevated water tank; and
WHEREAS, Mr. Partin has faithfully served on the
Chesterfield County Utilities Department Product, Design and
Review Committee since 1987 and his expertise and presence
will surely be missed; and
WHEREAS, Mr. Partin has demonstrated throughout his
career, his leadership and dedication, and has played a vital
role in training inspectors; and
WHEREAS, Mr. Partin by virtue of his expertise is well
known and respected in the field of utility construction.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Louis C. Partin,
Jr. and extends on behalf of its members and the citizens of
Chesterfield County appreciation for over 37 years of
exceptional service to the county.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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8.D.2.e. SUPPORTING APPLICATION FOR PRESERVE AMERICA GRANT
FOR ARCHAEOLOGICAL INVESTIGATION FOR THE FALLING
CREEK IRONWORKS PARK SITE
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Preserve America is a White House initiative
developed in cooperation with the Advisory Council on
Historic Preservation, the U.S. Department of the Interior
and the U.S. Department of Commerce; and
WHEREAS, the goals of this initiative include a greater
shared knowledge about our Nations past, strengthened
regional identities and local pride, increased local
participation in preserving the country's irreplaceable
cultural and natural heritage assets, and support for the
economic vitality of communities; and
WHEREAS, this initiative is compatible with our
community's interests and goals related to historic
preservation; and
WHEREAS, the community has submitted an application for
designation as a Preserve America Community in order to
improve our community's ability to protect and promote its
historical resources; and
WHEREAS, the goals of this initiative include a greater
shared knowledge about our Nation's past, strengthened
regional identities and local pride, increased local
participation in preserving the country's irreplaceable
cultural and historical heritage assets, and support for the
economic vitality of communities; and
WHEREAS, the Parks and Recreation Department is
interested in sharing knowledge through archaeology at the
historic Falling Creek Ironworks.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of June 2008,
hereby supports the grant application for Preserve America
funds to assist the completion of archaeology at Falling
Creek Ironworks.
AND, BE IT FURTHER RESOLVED that the Chesterfield County
Board of Supervisors will protect and celebrate our heritage,
use our historic assets for economic development and
community revitalization, and encourage people to experience
and appreciate local historic resources through education and
heritage tourism programs.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.3. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FROM
THE CHESTERFIELD COUNTY CHAMBER OF COMMERCE
CELEBRATION OF THE VINE WINE FESTIVAL FOR 2008
On motion of Mr. Gecker, seconded. by Mr. Holland, the Board
approved a request for a music/entertainment festival permit
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for the Chesterfield County Chamber of Commerce Celebration
of the Vine wine festival to be held on June 28, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.4. AWARD OF CONSTRUCTION CONTRACTS
8.D.4.a. FOR DUNDAS ROAD DRAINAGE IMPROVEMENTS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
awarded a contract for the construction of the Dundas Road
Drainage Improvements to Southern Construction in the amount
of $67,450.00, and authorized the County Administrator to
execute any necessary documents.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.4.b. FOR THE NEW SUNNYBROOK WASTEWATER PUMPING STATION
RELIEF SEWER PROJECT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
awarded a construction contract to Perkinson Construction LLC
for the new Sunnybrook Wastewater Pumping Station Relief
Sewer Project, in the amount of $236,619.85, and authorized
the County Administrator to execute any necessary documents.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.5. SET DATES FOR PUBLIC HEARINGS
8.D.5.a. TO CONSIDER AMENDING SECTION 19-238 OF THE ZONING
ORDINANCE AS IT RELATES TO POST-DEVELOPMENT
STORMWATER RUNOFF IN THE SWIFT CREEK RESERVOIR
WATERSHED
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
set July 30, 2008, at 6:30 p.m., for a public hearing for the
Board to consider amending Section 19-238 of the Zoning
Ordinance as it relates to post-development stormwater runoff
in the Swift Creek Reservoir Watershed.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.5.b. TO CONSIDER THE FY2009-FY2014 SECONDARY SIX YEAR
IMPROVEMENT PLAN, FY2009 SECONDARY ROAD IMPROVEMENT
BUDGET, PROJECT DEVELOPMENT SCHEDULE FOR THE
CHESTERFIELD ROAD FUND, AND DESIGNATION OF FY2009
CHESTERFIELD ROAD FUND PROJECTS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
set July 30, 2008, at 6:30 p.m., for a public hearing for the
Board to consider the FY2009-FY2014 Secondary Six Year
Improvement Plan, FY2009 Secondary Road Improvement Budget,
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Project Development Schedule for the Chesterfield Road Fund,
and Designation of FY2009 Chesterfield Road Fund Projects.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.5.c.
INCLUSION OF VIRGINIA DEPARTMENT OF TRANSPORTATION
REVIEW FOR PROCESSING OF SUBDIVISION PLATS AND SITE
TO CONSIDER PROPOSED AMENDMENTS RELATIVE TO
PLANS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
set July 30, 2008, at 6:30 p.m., for a public hearing for the
Board to consider proposed amendments relative to inclusion
of Virginia Department of Transportation review for
processing of subdivision plats and site plans.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.6. APPROPRIATE STATE FUNDS FOR IMPLEMENTATION OF
REQUIREMENTS RESULTING FROM CHANGES TO THE STATE'S
MENTAL HEALTH LAW
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
appropriated $324,862 in revenue and expenditures for the
Chesterfield Community Services Board (CSB), Chesterfield
Department of Mental Health Support Services, for
implementation of new requirements for emergency and
psychiatric services, and created three new full-time Senior
Clinician positions.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.7. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A
CONSTRUCTION CONTRACT FOR MIDLOTHIAN HIGH SCHOOL
ATHLETIC COMPLEX NEW PARKING LOT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the County Administrator to execute a construction
contract for the base. bid and alternate one with Shoosmith
Brothers, Incorporated for the Midlothian High School
Athletic Complex New Parking Lot in the amount of $492,342
and appropriated $112,752 in a transfer from schools.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.8. APPROVAL OF CHANGE ORDER TO THE ARCHITECTURAL
CONTRACT WITH MOSELEY ARCHITECTS FOR THE DESIGN OF
THE SMITH-WAGNER BUILDING RENOVATION AND ADDITION
PROJECT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the County Administrator to execute a change order
to the architectural contract with Moseley Architects for the
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design of the Smith-Wagner Building renovation and addition
project in the amount of $63,652.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.9. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
BERMUDA DISTRICT IMPROVEMENT FUND TO THE
CHESTERFIELD/COLONIAL HEIGHTS DEPARTMENT OF SOCIAL
SERVICES TO PURCHASE A SHED TO USE AS STORAGE FOR
SUPPLIES TO SERVE INDIGENT RESIDENTS AT THE SHADY
HILL TRAILER PARK
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
transferred $2,698 from the Bermuda District Improvement Fund
to the Chesterfield/Colonial Heights Department of Social
Services to purchase a shed to use as storage for tables,
chairs, clothing and food supplies to serve indigent
residents at the Shady Hill Trailer Park.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.10. ACCEPTANCE OF PARCELS OF LAND
8.D.10.a. ALONG ECOFF AVENUE FROM WILTON DEVELOPMENT
CORPORATION
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.51
acres along Ecoff Avenue from Wilton Development Corporation,
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: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.10.b. ALONG NORTH WOOLRIDGE ROAD FROM FIRST CITIZENS
BANK
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.109
acres along North Woolridge Road from First Citizens Bank,
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: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.10.c. FOR THE EXTENSION OF IRONBRIDGE BOULEVARD FROM
HAROLD M. TAYLOR, JR.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 3.69
acres for the extension of Ironbridge Boulevard from Harold
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M. Taylor, Jr., 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: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.10.d. ALONG HOPKINS ROAD FROM THE TRUSTEES OF BEULAH
UNITED METHODIST CHURCH
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.038
acres along Hopkins Road from the Trustees of Beulah United
Methodist Church, 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: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.11. REQUESTS TO QUITCLAIM
8.D.ll.a. A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY
OF BRANCHWAY ASSOCIATES, L.L.C.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
16-foot water easement across the property of Branchway
Associates, L.L.C. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.ll.b. A PORTION OF A VARIABLE WIDTH TEMPORARY REDUCED
IMPERVIOUSNESS BEST MANAGEMENT PRACTICE EASEMENT
ACROSS THE PROPERTY OF THE REEDS LANDING
CORPORATION
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a variable width temporary reduced imperviousness
best management practice easement across the property of The
Reeds Landing Corporation. (It is noted copies of the plats
are filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.ll.c. A PORTION OF A SIXTEEN-FOOT SEWER EASEMENT ACROSS
THE PROPERTY OF FRONTIER MIDLOTHIAN, LLC
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
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portion of a 16-foot sewer easement across the property of
Frontier Midlothian, LLC. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.ll.d. A SIXTEEN-FOOT SEWER EASEMENT ACROSS THE PROPERTY
OF C.V. SHANBHAG
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
16-foot sewer easement across the property of C.V. Shanbhag.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.12. CONVEYANCE OF EASEMENTS
8.D.12.a. TO LAVERNE C. AND MARY W. COLE TO INSTALL DRAINAGE
FACILITIES ON COUNTY PROPERTY AT GOYNE PARK
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a drainage agreement and
maintenance contract to install drainage facilities on county
property at Goyne Park with Laverne C. and Mary W. Cole. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.12.b. TO COLUMBIA GAS OF VIRGINIA, INCORPORATED
8.D.12.b.1. FOR CONVEYANCE OF AN EASEMENT ACROSS THE BAILEY
BRIDGE MIDDLE SCHOOL PROPERTY TO PROVIDE SERVICE
TO THE CLOVER HILL ASSEMBLY OF GOD CHURCH
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Columbia
Gas of Virginia, Incorporated. for conveyance of an easement
across the Bailey Bridge Middle School property to provide
service to the Clover Hill Assembly of God Church at 12310
Bailey Bridge Road. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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8.D.12.b.2. TO PROVIDE SERVICE TO THE NEW FIRE MAINTENANCE
AND LOGISTICS WAREHOUSE
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Columbia Gas of Virginia, Incorporated to provide service to
the new Fire Maintenance and Logistics Warehouse. (It is
noted a copy of the plat is filed with the papers of this
Board . )
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.12.c. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR
UNDERGROUND CABLE TO PROVIDE PERMANENT AND
TEMPORARY SERVICE TO THE NEW CLOVER HILL HIGH
SCHOOL
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company for underground cable to
provide permanent and temporary service to the new Clover
Hill High School. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.13. REQUESTS FOR PERMISSION
8.D.13.a. FROM JAMES A. COSTELLO AND MICHELLE A. COSTELLO
FOR A PICKET FENCE TO ENCROACH WITHIN A SIXTEEN-
FOOT EASEMENT ACROSS LOT 10, BLOCK A, ROXSHIRE,
SECTION 12
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request from James A. Costello and Michelle A.
Costello for permission for a picket fence to encroach within
a 16-foot easement across Lot 10, Block A, Roxshire, Section
12, subject to the execution of a license agreement. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.13.b. FROM WILLIAM E. TURNER AND NANCY W. TURNER FOR A
PROPOSED PICKET FENCE TO ENCROACH WITHIN AN EIGHT-
FOOT EASEMENT ACROSS LOT 46, HAWTHORNS VILLAGE,
SECTION A AT CHARTER COLONY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request from William E. Turner and Nancy W. Turner
for permission for a proposed picket fence to encroach within
an 8-foot easement across Lot 46, Hawthorne Village, Section
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A at Charter Colony, subject to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, Decker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.13.c. FROM BERKELEY E. WALTON FOR AN EXISTING GRAVEL
DRIVEWAY AND BOARD FENCE TO ENCROACH WITHIN A
COUNTY RIGHT OF WAY KNOWN AS CEDAR SPRINGS ROAD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request from Berkeley E. Walton for permission for
an existing gravel driveway and board fence to encroach
within a county right of way known as Cedar Springs Road,
subject to the execution of a license agreement. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.13.d. FROM CYNTHIA C. EDWARDS AND RICHARD G. EDWARDS FOR
PROPOSED LANDSCAPING TO ENCROACH WITHIN TWO EIGHT-
FOOT EASEMENTS AND A SIXTEEN-FOOT DRAINAGE
EASEMENT ACROSS LOT 69, HARTLEY VILLAGE AT CHARTER
COLONY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request from Cynthia C. Edwards and Richard G.
Edwards for permission for proposed landscaping to encroach
within two 8-foot easements and a 16-foot drainage easement
across Lot 69, Hartley Village at Charter Colony, subject to
the execution of a license agreement . ( It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.13.e. FROM MAIN STREET HOMES FOR A CONCRETE DRIVEWAY
APRON TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE
EASEMENT ACROSS LOT 33, WESTERLEIGH, SECTION 1
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request from Main Street Homes for permission for
a concrete driveway apron to encroach within a 16-foot
drainage easement across Lot 33, Westerleigh, Section 1,
subject to the execution of a license agreement. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Warren, Decker, Jaeckle, Holland and Durfee.
Nays: None.
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8.D.13.f. FROM PARKER AND ORLEANS HOMEBUILDERS, INCORPORATED
FOR A CONCRETE DRIVEWAY TO ENCROACH WITHIN A
SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 7,
SUMMER LAKE, SECTION 5
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request from Parker and Orleans Homebuilders,
Incorporated for permission for a concrete driveway to
encroach within a 16-foot drainage easement across Lot 7,
Summer Lake, Section 5, subject to the execution of a license
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.13.g. FROM BB HUNT LLC FOR A PROPOSED FENCE TO ENCROACH
WITHIN A SIXTEEN-FOOT EASEMENT AND A THIRTY-FOOT
DRAINAGE AND SEWER EASEMENT ACROSS LOT 43, STEWART
VILLAGE, SECTION A AT CHARTER COLONY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request from BB Hunt LLC for permission for a
proposed fence to encroach within a 16-foot easement and a
30-foot drainage and sewer easement across Lot 43, Stewart
Village, Section A at Charter Colony, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.13.h. FROM ROBERT P. CLABOUGH AND AMY S. CLABOUGH FOR A
FENCE TO ENCROACH WITHIN AN EIGHT- FOOT EASEMENT,
A THIRTY-FOOT DRAINAGE AND SEWER EASEMENT, AND AN
EIGHT-FOOT DRAINAGE EASEMENT ACROSS LOT 6, TANNER
VILLAGE, SECTION B AT CHARTER COLONY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request from Robert P. Clabough and Amy S.
Clabough for permission for a fence to encroach within an 8-
foot easement, a 30-foot drainage and sewer easement, and an
8-foot drainage easement across Lot 6, Tanner Village,
Section B at Charter Colony, subject to the execution of a
license agreement . ( It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.14. APPROVAL OF AN ADDENDUM TO A SALES CONTRACT FOR THE
PURCHASE OF TWO PARCELS OF LAND FOR MATOACA
ELEMENTARY SCHOOL
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved an addendum to a sales contract for the purchase of
two parcels of land containing a total of 2.8 acres, more or
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less, for $125,000.00, from James Douglas Perdue, for Matoaca
Elementary School, and authorized the County Administrator to
execute the addendum. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.15. APPROVAL OF A LEASE ADDENDUM FOR OFFICE SPACE AT
COURT SQUARE FOR THE DEPARTMENT OF SOCIAL SERVICES.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the County Administrator to execute a lease
addendum for office space at Court Square for the Department
of Social Services.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.16. APPROVAL OF FY2008 YEAR-END ADJUSTMENTS
In response to Mr. Gecker's question, Mr. Carmody stated the
Board's approval would keep the funds from going to Fund
Balance and there are other opportunities to redirect the
funds .
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved the FY2008 year-end revenues and expenditure
adjustments as follows: 1) appropriated revenues and
expenditures for specific programs as well as authorized
reallocations among general fund departments and related
funds and decreased revenues and expenditures all as outlined
on Schedule A; 2) appropriated revenues and expenditures and
authorized other adjustments for specific programs, projects
and non-general fund departments as outlined on Schedule B;
and 3) authorized the County Administrator to reserve and
appropriate into FY2009 unspent FY2008 appropriations as
outlined on Schedule C, contingent upon positive results of
operations within individual departments and countywide as
determined by the county's financial audit.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.17. CANCELLATION OF PUBLIC HEARING TO CONSIDER THE
EXERCISE OF EMINENT DOMAIN FOR THE ACQUISITION OF
SEWER AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE
SUNNYBROOK PUMP STATION RELIEF SEWER PROJECT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
cancelled the June 25, 2008 public hearing to consider the
exercise of eminent domain for the acquisition of sewer and
temporary construction easements for the Sunnybrook Pump
Station Relief Sewer Project.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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The following items were removed from the consent agenda for
public comment:
8.D.2.f. URGING THE GENERAL ASSEMBLY TO ADOPT A STATEWIDE
SUSTAINABLE TRANSPORTATION PLAN
Mr. George Beadles addressed the Board relative to the
lateness of the agenda item being placed on the agenda.
Mr. Warren stated this item is similar to the item the
Richmond Regional Planning District Commission approved
earlier in the year and forwarded to the Governor and the
General Assembly members. He further stated the Richmond
Regional Planning District Commission voted unanimously, of
those present, that the responsibility for transportation is
primarily a state responsibility and the State needs to meet
its obligations to the taxpayers. He stated the Governor had
requested local governments to express to their delegations
the seriousness of the transportation problem in Virginia.
Mr. Warren called for additional public comment.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, an efficient transportation network is crucial
to sustainable economic growth in the Commonwealth, a cleaner
and healthier environment and enhanced public safety and
quality of life; and
WHEREAS, the Commonwealth faces a documented
transportation funding shortfall including a recurring and
inflating road maintenance funding shortfall resulting in the
Commonwealth Transportation Board eliminating and reducing
programmed project spending totaling $1.1 billion in the new
six-year transportation program; and
WHEREAS, the Virginia Department of Transportation is
transferring almost $400 million in Fiscal Year 2008 from
road construction funds to support road maintenance
activities; and
WHEREAS, the eliminated and stalled project monies
include primary, urban, and secondary construction funding
reductions to regions and localities of up to 44 percent for
Fiscal Year 2009; and
WHEREAS, funding for new highway and bridge construction
is diminished as the annual road maintenance shortfall
continues to escalate and the estimate to repair the
Commonwealth's 1,700 deficient bridges totals more than $3
billion; and
WHEREAS, regions important to the economic future of the
Commonwealth, including Central Virginia and Chesterfield
County, confront major transportation funding challenges in
addition to those shared by all other areas of the
Commonwealth; and
WHEREAS, the transportation system in Chesterfield
County and throughout the Commonwealth has failed to keep
pace with the demands placed upon it; and
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WHEREAS, state funding for road improvements in
Chesterfield County has declined to 1988 levels while
improvement costs have quadrupled; and
WHEREAS, continued investment in the transportation
system, such as the construction a new interchange on I-295
at Meadowville Road, the widening of Route 10 in the Enon
Area, the widening of Route 360, and other transportation
improvements will enable Chesterfield and the Commonwealth to
continue to compete for economic development opportunities
and help preserve our quality of life; and
WHEREAS, providing an adequate transportation system
remains the primary responsibility of the state.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of June 2008,
hereby calls on the Governor of Virginia and the Virginia
General Assembly during the forthcoming transportation
special session to acknowledge the state's responsibility to
efficiently and equitably provide the transportation system
required by its citizens.
AND, BE IT FURTHER RESOLVED that the Governor of
Virginia and the Virginia General Assembly are urged to enact
dedicated, significant and recurring annual revenues to
eliminate the road maintenance shortfall; increase funding
directed to interstate and primary highways, urban and
secondary roads, and transit projects; and address the unique
transportation needs of specific regions of the Commonwealth.
AND, BE IT FURTHER RESOLVED that the Board of
Supervisors of Chesterfield County does hereby request that
any transportation legislation enacted by the General
Assembly and approved by the Governor that addresses certain
regions in the Commonwealth include the option for localities
in the Richmond Region to participate in the provisions of
such legislation.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Mr. Holland stated he attended the Governor's session on
transportation. He further stated it is critically important
that the legislators take the needs of Virginia seriously.
Richmond MPO.
Mr. Warren requested that the adopted resolution be forwarded
to the Governor, the General Assembly members from Central
Virginia, VACo, VML, RRPDC, the High Growth Coalition and the
Ms. Durfee requested the citizens to contact their
legislators to ask them to step forward in the responsibility
of solving the transportation problems.
Ms. Jaeckle stated the state is having to define their
priorities.
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8.D.18. AUTHORIZE THE ESTABLISHMENT OF A TRUST BY THE
CHESTERFIELD COUNTY HEALTH CENTER COMMISSION FOR THE
PURPOSE OF ACCUMULATING AND INVESTING ASSETS TO FUND
POST-EMPLOYMENT BENEFITS OTHER THAN PENSIONS
Mr. George Beadles addressed the Board relating to the Health
Center Commission trust being considered at a different time
than the Police and Fire trust.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the Chesterfield County Health Center Commission
to establish a trust for the purpose of accumulating and
investing assets to fund post-employment benefits other than
pensions (OPEB).
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
9.C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; and a Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
And, further, the following roads were accepted into the
State Secondary System:
ADDITION LENGTH
OAK FOREST, SECTION 7
(Effective 04/15/2008)
Ferintosh Court (Route 5638) - From Ferintosh
Lane (Route 5637) to cul-de-sac 0.05 Mi.
Ferintosh Lane (Route 5637) - From Ferintosh
Court (Route 5638) to Ferintosh
Place (Route 5639) 0.20 Mi.
Ferintosh Lane (Route 5637) - From Halloway
Avenue (Route 722) to Ferintosh Court
(Route 5638) 0.06 Mi.
Ferintosh Lane (Route 5637) - From Ferintosh
Place. (Route 5639) to cul-de-sac 0.02 Mi.
Ferintosh Place (Route 5639) - From Ferintosh
Lane (R5637) to cul-de-sac 0.08 Mi.
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WINTERFIELD STATION
(Effective 04/15/2008)
Amajess Lane (Route 7272) - From West
Winterfield Road (Route 7268) to cul-de-sac 0.26 Mi.
Maryblebane Lane (Route 7270) - From Roderick
Court (Route 7271) to cul-de-sac 0.08 Mi.
Marylebane Lane (Route 7270) - From Roderick
Court (Route 7271) to cul-de-sac 0.04 Mi.
Rigney Drive (Route 7269) - From West
Winterfield Road (Route 7268) to cul-de-sac 0.06 Mi.
Roderick Court (Route 7271) - From Marylebane
Lane (Route 7270) to cul-de-sac 0.12 Mi.
Roderick Court (Route 7271) - From West
Winterfield Road (Route 7268) to Marylebane
Lane (Route 7270) 0.05 Mi.
West Winterfield Road (Route 7268) - From
Rigney Drive (Route 7269) to cul-de-sac 0.04 Mi.
West Winterfield Road (Route 7268) - From
Winterfield Road (Route 714) to Amajess
Lane (Route 7272) 0.04 Mi.
West Winterfield Road (Route 7268) - From
Amajess Lane (Route 7272) to Rigney Drive
(Route 7269) 0.15 Mi.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. George Beadles expressed appreciation for the ability to
view the meetings from the hall outside the Public Meeting
Room since the sound has been fixed.
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1), CODE
OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE
PERFORMANCE AND COMPENSATION OF THE COUNTY ADMINISTRATOR
AND PURSUANT TO SECTION 2.2-3711(A)(7), CODE OF VIRGINIA,
1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL
REGARDING SPECIFIC LEGAL MATTERS REQUIRING THE PROVISION
OF LEGAL ADVICE BY THE COUNTY ATTORNEY AND PERTAINING TO
ACTUAL AND PROBABLE LITIGATION
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
went into Closed Session, pursuant to Section 2.2-3711(A)(1),
Code of Virginia, 1950, as amended, relating to the
performance and compensation of the County Administrator and
pursuant to Section 2.2-3711(A)(7), Code of Virginia, 1950,
as amended, for consultation with legal counsel regarding
specific legal matters requiring the provision of legal
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advice by the County Attorney and pertaining to actual and
probable litigation.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Reconvening:
On motion of Mr. Warren, seconded by Mr. Gecker, 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 the Closed Session to which
this certification applies, and ii) only such public business
matters as 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.
The Board being polled, the vote was as follows:
Ms. Jaeckle: Aye.
Mr. Gecker: Aye.
Mr. Warren: Aye.
Ms. Durfee: Aye.
Mr. Holland: Aye.
12. DINNER
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
recessed to the Lane B. Ramsey Administration Building, Room
502, for dinner.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
13. INVOCATION
Deputy County Administrator M.D. "Pete" Stith, Jr. gave the
invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Auxiliary Police Lieutenant Aldo F. Funai, Jr. led the Pledge
of Allegiance to the flag of the United States of America.
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15. RESOLUTIONS
15.A. RECOGNIZING AUXILIARY POLICE LIEUTENANT ALDO F.
FUNAI, JR. UPON HIS RETIREMENT
Lieutenant Colonel John Austin introduced Auxiliary Police
Lieutenant Aldo F. Funai, Jr., who was present along with a
family member, to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Aldo F. Funai, Jr. will retire from the
Chesterfield County Auxiliary Police Unit on July 1, 2008;
and
WHEREAS, Mr. Funai provided 32 years of volunteer
service to the citizens of Chesterfield County; and
WHEREAS, the Auxiliary Police Unit has been of great
assistance to the Police Department, contributing a wide
range of support services from providing manpower for special
events throughout the county to serving on specialized units
such as the Police Emergency Response Team and Marine Patrol;
and
WHEREAS, Mr. Funai has faithfully served the County in
the capacity of Special Police Officer, Auxiliary Police
Officer, Training Officer, Police Sergeant and Police
Lieutenant; and
WHEREAS, Mr. Funai attended the first Special Police
Academy that was held in 1990; and
WHEREAS, Mr. Funai, while serving as Training Officer,
coordinated the new Auxiliary Academy, which was instrumental
in the transition from Special Police to Auxiliary Police
classification; and
WHEREAS, for his long standing devotion, expertise and
professionalism, Mr. Funai was selected as the 2004 Special
Police Officer of the Year; and
WHEREAS, Mr. Funai received four gold Presidential
Volunteer Service Awards; and
WHEREAS, Mr. Funai has provided the Chesterfield County
Police Department with many years of loyal and dedicated
volunteer service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mr. Funai's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of June 2008,
publicly recognizes Mr. Aldo F. Funai, Jr., and extends on
behalf of its members and the citizens of Chesterfield
County, appreciation for his service to the county,
congratulations upon his retirement, and best wishes for a
long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Lieutenant Funai and that this
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resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Ms. Durfee presented the executed resolution, acrylic statue
and watch to Lieutenant Funai, accompanied by a family
member, expressed appreciation for his dedicated service and
congratulated him on his retirement.
Mr. Funai expressed appreciation to the Board for the
recognition.
15.B. RECOGNIZING THE 2008 JAMES RIVER HIGH SCHOOL VARSITY
BASEBALL TEAM FOR ITS OUTSTANDING ACCOMPLISHMENTS
DURING THE 2008 SEASON AND ITS EXCELLENT
REPRESENTATION OF CHESTERFIELD COUNTY
Mr. Golden introduced Coach Pete Schumacher and members of
the James River High School Varsity Baseball Team.
WHEREAS, participation in high school sports has long
been an integral part of Chesterfield County's educational,
physical and emotional development for students; and
WHEREAS, Mr. Pete Schumacher, coach of the James River
High School Varsity Baseball Team completed his second year
of coaching; and
WHEREAS, under Mr. Schumacher's and his staff's
direction, the James River Rapids finished the regular season
with a 13-5 record and an overall record of 21-5; and
WHEREAS, the James River Rapids were the regular season
runner-up and Tournament Champions in the Dominion District;
and
WHEREAS, the James River Rapids were the Central Region
Champions; and
WHEREAS, the James River Rapids were the State AAA
Baseball Champions; and
WHEREAS, the team members include Garrett Bardenheier,
Matt Brooks, Jack Cleary, Gil Evans, Michael Granger, Ian
Harvey, Taylor Jaszewski, Zack Lucas, Daniel Marrs, Jake
Matthews, Austin McGowan, Sean Monahan, Robert Oldham, Zac
Patrick, Eamon Schwartz, Ted Scruggs, Austin Stadler, Luke
Thomas, Carter Brown and Assistant Coaches Chip Boone, Greg
Dommisse and Christopher Roarty.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of June 2008,
publicly recognizes the 2008 James River High School Varsity
Baseball Team for its outstanding representation of
Chesterfield County.
AND, BE IT FURTHER RESOLVED that the Board of
Supervisors, on behalf of the citizens of Chesterfield
County, hereby commends the 2008 James River High School
Varsity Baseball Team for its commitment to excellence and
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sportsmanship and expresses best wishes for continued
success.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Mr. Gecker congratulated the 2008 James River High School
Varsity Baseball Team for being the State AAA Baseball
Champions.
Coach Schumacher thanked the Board for the recognition of the
team members and expressed how proud he is of the team for
its accomplishments.
16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Bob Herndon presented information to the Board regarding
increasing the number of Board members and the status of
public transit in the county.
Mr. Art Maxwell addressed the Board regarding being
threatened by a citizen outside of the May 28, 2008 Board
meeting.
Mr. Kenny Koch and Ms. Maureen Koch addressed the Board
regarding the increase in crime and an abandoned house in the
Deer Run Subdivision. Ms. Durfee thanked Mr. and Mrs. Koch
for contacting her and stated she has contacted Colonel
Dupuis regarding this issue.
Mr. Emanuel Artis addressed the Board regarding injustices
taking place in the courts system.
Pastor Charles Bennett addressed the Board regarding the
mistreatment and false arrest of his son during a Halloween
party hosted on his property.
17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING
ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE
APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL
BE HEARD AT SECTION 18
n~cun~ai
In Bermuda Magisterial District, ACQUISITIONS PLUS LLC
requests rezoning and amendment of zoning district map from
Light Industrial (I-1) and Residential (R-7) to Residential
Townhouse (R-TH) Residential use of up to 8.0 units per acre
is permitted in a Residential Townhouse (R-TH) District. The
Comprehensive Plan suggests the property is appropriate for
residential use of 2.5-4 units per acre. This request lies on
16.9 acres fronting approximately 920 feet on the north and
south lines of Gayland Avenue approximately 600 feet east of
Jefferson Davis Highway. Tax IDs 792-678-1855, 2312, 2756,
3614, 3859, 4762, 5018, 5765, 6322, 6667, 7626, 7770, 8673
and 9532; and 793-678-0077.
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Mr. Turner stated the applicant requested a deferral of Case
07SN0341 to September 24, 2008.
Mr. Andy Scherzer, the applicant's representative, stated the
applicant is requesting a deferral to allow more time to
consider other alternatives in the case.
Mr. Warren called for public comment.
Ms. Kathleen Nethery, an adjacent property owner, spoke in
support of the deferral to give the applicant time to look at
other alternatives.
Mr. Warren closed the public hearing.
Ms. Jaeckle stated the applicant is attempting to work
through some of the. difficulties with this case.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
deferred Case 07SN0341 to September 24, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
07SN0385
In Matoaca Magisterial District, FIRST COMMONWEALTH SERVICES
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of up
to 3.63 units per acre is permitted in a Residential (R-12)
District. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for residential use
of 2.2 units per acre or less. This request lies on 8.2 acres
fronting approximately 270 feet on the east line of
Winterpock Road north of Springford Parkway; also fronting
approximately 170 feet on the west line of Summercreek Drive
across from Summercreek Place. Tax ID 722-661-8707.
Mr. Turner stated the applicant requested a deferral of Case
07SN0385 to August 27, 2008.
Mr. Andy Scherzer, the applicant's representative, amended
the deferral request to defer to September 24, 2008, to allow
sufficient time for amendments to be made to the request.
Mr. Warren called for public comment.
Mr. Stuart Daniel, President of Summerford Association, spoke
in support of the deferral.
Mr. warren closed the public hearing.
Ms. Durfee stated the zoning case has been around for some
time and that she would like to meet with the applicant.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
deferred Case 07SN0385 to September 24, 2008.
Ayes.: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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08SN0204
In Midlothian Magisterial District, JEFFERSON T. BLACKBURN,
D.D.S PC (CCM DEVELOPMENT LLC) requests amendment to
Conditional Use Planned Development (Case 86SN0092) and
amendment of zoning district map to delete sign condition.
The density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for office use. This
request lies in a Community Business (C-2) District on 0.5
acres and is known as 2301 Robious Station Circle. Tax ID
739-714-9499.
Mr. Turner presented a summary of Case 08SN0204 and stated
the Planning Commission and staff recommended approval.
Ms. Krista Lloyd, the applicant's representative, stated the
recommendation is acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved Case 08SN0204.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
08SN0214
In Bermuda Magisterial District, REBKEE COMPANY requests
amendment to Conditional Use Planned Development (Case
875090) and amendment of zoning district map to permit drive-
in window in conjunction with pharmacy use. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for community mixed uses. This
request lies in a Neighborhood. Business (C-2) District on
11.9 acres located in the northeast quadrant of the
intersection of Iron Bridge and Chalkley Roads. Tax IDs 779-
653-7767 and 780-654-Part of 0821.
Mr. Turner presented a summary of Case 08SN0214 and stated
the Planning Commission and staff recommended approval
subject to one condition.
Mr. Jeff Geiger, the applicant's representative, stated the
recommendation was acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 08SN0214 subject to the following condition:
Uses permitted shall include drive-in windows in
association with pharmacy use. (P)
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06/25/08
(Note: This Condition is in addition to the Textual
Statement Items III and IV of Case 875090 for the
subject property.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
08RW0365
In Dale Magisterial District, KAHN PROPERTIES SOUTH, L.L.C.
requests an exception to Section 19-232 of the Chesapeake Bay
Preservation Act requirements of the Zoning Ordinance to
permit encroachment into the Resource Protection Area (RPA)
as a result of grading for buildable areas, roads, drives and
parking lots. The property is located at 10220 & 10230
Ironbridge Road which is within the Swift Creek drainage
basin. Tax IDs 772-661-6210 and 4324.
Mr. Turner stated staff recommends approval of Case 08RW0365.
Mr. Andy Scherzer, the applicant's representative, stated the
recommendation was acceptable, including the additional
conditions proposed by Mr. Holland.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved Case 08RW0365, subject to the following conditions:
1. The mitigation measures outlined in the Walgreens-
Ironbridge Road Water Quality Impact Assessment, dated
January 23, 2008 and last revised June 11, 2008,
prepared by Balzer and Associates, Inc., shall be
incorporated into the site plan review process and such
measures shall be implemented. The Department of
Environmental Engineering may approve alternative
mitigation measures if it is determined that such
alternatives will not increase impacts to the RPA or
downstream water bodies. (EE)
NOTE: The drawings utilized in this exception request are
preliminary in nature. If during the construction plan
review process the more detailed information and design
reveals opportunities for less impacts or greater mitigation,
the Environmental Engineering Department shall have the
authority to impose additional requirements accordingly. (EE)
2. Prior to the issuance of Certificate of Occupancy the
developer shall:
a. Provide and install an interpretive sign which
recognizes the historical significance of the
spring box located on the project site consistent
with other requests of an RPA. The type of sign,
specific wording and graphics shall be approved by
the Chesterfield Parks and Recreation Department in
conjunction with the Chesterfield Historical
Society. The Department of Parks and Recreation
shall be responsible for maintenance and upkeep of
the sign. (P&R)
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b. The applicant will provide acceptable access to the
historical site from the public right of way for
the purposes of viewing of this historical site, in
a manner sufficient to protect the functioning of
the RPA and shall further provide all necessary
maintenance and access easements for public access
and upkeep of the site. (EE)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
08RW0379
In Midlothian Magisterial District, CLIFTON M. COGER requests
an exception to Section 19-232 of the Chesapeake Bay
Preservation Act requirements of the Zoning Ordinance to
permit the encroachment into the Resource Protection Area
(RPA) as a result of grading for buildable areas, roads,
drives and parking lots. The property is located at 601
Turner Road which is within the Pocoshock Creek drainage
basin. Tax ID 763-704-1556.
Mr. Turner stated staff recommended approval of Case
08RW0379.
Mr. Clifton M. Coger, the applicant, stated the
recommendation was acceptable with the conditions.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
approved Case 08RW0379, subject to the following condition:
The mitigation measures outlined in the 601 Turner Road
- Water Quality Impact Assessment, dated March 25, 2008,
prepared by Cliff Coger, Carl Duncan P.E., L.S., Angela
Whitehead, CPSS shall be incorporated into the site plan
review process and such measures shall be implemented.
The Department of Environmental Engineering may approve
alternative mitigation measures if it is determined that
such alternatives will not increase impacts to the RPA
or downstream water bodies. (EE)
NOTE: Approval of this exception does not convey any
privileges which would limit the imposition of flood
plain ordinance and policy requirements by the
Environmental Engineering Department. (EE)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
18. PUBLIC HEARINGS
18.A. TO CONSIDER AMENDMENTS TO THE UPPER SWIFT CREEK PLAN
RELATING TO: 1) WATER QUALITY, 2) LEVELS OF SERVICE
FOR ROADS, SCHOOLS AND PUBLIC SAFETY, 3) LAND USE,
AND 4) ECONOMIC DEVELOPMENT
Mr. Warren made an announcement regarding the first two
public hearings. He stated the first public hearing is to
consider amendments to the Upper Swift Creek Plan amendment
relating to 1) water quality, 2) levels of service for roads,
schools and public safety, 3) land use, and 4) economic
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06/25/08
development. He further stated the second public hearing is
to consider amendments to the erosion and sediment control,
subdivision and zoning ordinances relating to low impact
development in the Upper Swift Creek Watershed and because
these two public hearings are closely related and involve the
same general area of the county, he requested that anyone
wishing to speak to both of these subjects, please do so
within the allotted 3 minutes when the first public hearing
is called. He further stated at the end of the first public
hearing, the Clerk will call the second public hearing for
anyone wishing to address only that issue and at the
conclusion of both public hearings, the Board will discuss
and vote on both issues.
Mr. Jimmy Bowling presented a summary of the amendments to
the Upper Swift Creek Plan amendment. He provided details of
the requested changes within the Plan. He presented the
recommendations from staff and the Planning Commission.
Mr. McElfish presented details of the proposed ordinances.
Mr. Warren called for public comment.
Mr. Nathaniel Whitting, Jr. addressed the Board regarding
road conditions in the Upper Swift Creek Plan geography. He
stated roads in the Plan geography have inadequate shoulders.
He further stated he is in support of the Plan.
Mr. Tom Pakurar, a Clover Hill resident and member of Hands
Across the Lake, expressed appreciation to staff for their
hard work over the last five years. He urged the Board to
make a decision on the Plan. He stated there are still some
water quality concerns, but the details will be discussed at
a scheduled public hearing.
Mr. Bill Woodfin, a Matoaca District resident, stated his
family has resided in Chesterfield County since 1825. He
further stated he submitted a FOIA request on May 16, and has
yet to receive any information. He spoke in support of the
recommendations of the Plan.
Ms. Ellen Shelton, a Clover Hill resident, stated the Board
needed to protect the Upper Swift Creek Watershed. She
further stated she was in support of the Upper Swift Creek
Plan amendment.
Dr. Betty Hunter-Clapp urged the Board to approve the
amendment tonight. She stated the Plan amendments represent
an effort to save the reservoir.
Mr. Mark Riblett, a member of the Board of Directors for the
Woodlake Community Association, spoke in support of the
amendments to the Upper Swift Creek Plan. He expressed the
urgency for the county to begin implementation of the
recommendations as soon as possible.
Mr. James Shelton, a Midlothian District resident, stated
200-foot stream buffers are needed in the Plan to protect the
reservoir.
Mr. Buddy Haycocks spoke in opposition to the deferred growth
area in the Plan. He stated his property would be held
hostage.
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Ted Lusch spoke in support of passing the Plan now and
removing the phosphorus numbers from it.
Ms. Dianna Parker, a member of the Falls of the James Group,
spoke to express community support for passage of the Upper
Swift Creek Plan amendments and of a countywide purchase of
development rights program. She stated affordable housing is
needed in the county.
Mr. Joel Bradner, a Clover Hill resident, stated the county
needed to address quality of life issues, create a low impact
development ordinance and enforce a no net increase policy on
pollution. He further stated citizens have been waiting for
a plan to be proud of and the Board is now presented with
that plan. He urged the Board to approve the Upper Swift
CrPPk Plan_
Mr. Chuck Rayfield, a Clover Hill resident, stated an example
of a low impact development is the Brandermill Community. He
further stated he would like to have the Plan come to a
resolution. He stated the Board needed to approve the Plan
with language stating future development will have no
negative net impact on water quality.
Mr. Billy Barby stated the Plan presented to the Board is
thorough, addresses the water quality issues, and is ready to
be approved. He further stated issues affecting the entire
county should be addressed in a countywide comprehensive
plan. He stated the infrastructure is not in place to
support additional houses in the Plan geography.
Ms. Norma Sakel spoke in support of the Plan as presented.
She urged the Board to approve the Plan.
Ms. Karen Petrone urged the Board to approve the Plan
amendments.
Mr. Dave Anderson, a Midlothian District resident, spoke in
support of the Planning Commission's version of the Upper
Swift Creek Plan. He stated efforts need to be focused on
educating the public.
Ms. Kathy Kirk spoke in support of the Upper Swift Creek Plan
amendments and urged the Board to make a decision.
Mr. Will Shewmake expressed appreciation to staff for their
countless hours of working on these Plan amendments. He
urged the Board to adopt the Planning Commission's version of
the Upper Swift Creek Plan.
Ms. Cathy Monroe urged the Board to keep the reservoir safe
and not take it for granted.
r Ms. Andrea Epps, a Brandermill resident, stated she is proud
that citizens and developers agree on a Plan. She stated the
Board needed to approve the Plan.
Mr. Peter Martin stated studies indicate the watershed is not
suitable for high density residential development. He urged
the Board not to allow overbuilding in the watershed. He
stated the managed growth area needs to be retained within
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the Plan geography. He further stated the Upper Swift Creek
Plan amendments need to be enacted.
Ms. Kitty Snow urged the Board to approve the Plan. She
stated the levels of service standards are critical.
Mr. Jim Slaughenhaupt spoke in support of approving the Plan.
He stated the Board should not delay the Plan to wait for the
water quality issues to be resolved. He further stated
levels of service standards are needed countywide.
Mr. Bruce Moseley spoke in support of the amendments being
considered for the Upper Swift Creek Plan and urged the Board
to listen to the recommendations made by the Planning
Commission.
Ms. Shelly Schuetz urged the Board to approve the Plan before
them.
Mr. Micheal Brandon urged the Board to make a decision on the
Plan. He expressed appreciation to the Board for the amount
of time spent on working on the Plan and for the citizens for
speaking at the public hearing.
Mr. Nelson Ruffin, a Clover Hill District resident, urged the
Board to make a decision on the Upper Swift Creek Plan.
Mr. Chris Atlee spoke in support of the water quality
recommendations in the Upper Swift Creek Plan amendments.
Ms. Brenda Stewart stated the levels of service standards
should not be implemented on a piece meal basis. She
expressed several concerns she has with the Plan, as
presented, to include a lack of an impact analysis, loss of
private property rights, and economic impact on the county.
She inquired about the ripple effect of shutting down
development in that area of the county.
Mr. Andy Scherzer expressed appreciation for the hard work
staff has put into the Plan. He urged the Board to support
the Planning Commission's version of the Plan.
Mr. Ivan Woo, a resident of Chesterfield County, spoke in
support of the amendments to the Upper Swift Creek Plan.
Mr. Greg Blake, a 21-year resident of Chesterfield County,
urged the Board to slow the growth in the Upper Swift Creek
watershed. He stated the Plan is no more than a guide for
the county to follow and perfection does not need to be the
ultimate goal. He urged the Board to approve the amendments
to the Upper Swift Creek Plan.
Mr. Warren closed the public hearing and thanked the citizens
for attending the meeting.
In response to Mr. Gecker's question, Mr. McCracken explained
the language in the level of service standards for
Transportation allows flexibility to evaluate zoning cases on
a "case by case" basis to determine, without a strict
formula, what the impact is going to be.
Ms. Durfee expressed appreciation to the citizens for
attending the numerous meetings and public hearings on the
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Upper Swift Creek Plan amendment. She provided an
explanation of the work put into creating the amendments by
staff and county citizens. She stated the reasons for
revisiting the Upper Swift Creek Plan amendment included: to
begin to plan better and to begin to tie in public facilities
and services with land use; building better communities with
better site design; promoting traditional neighborhood
developments; discouraging sprawl; protecting rural, natural
and agricultural areas; linking land use and transportation;
maximizing the efficiency and safety of our roads, promoting
green buildings; promoting affordable housing; and protecting
our streams, the reservoir and the watershed.
Mr. Gecker inquired whether the Board was going to move
forward on the Planning Commission's version of the Plan or
an amended version with staff comments.
Ms. Durfee made a motion for the Board to approve the printed
amendments to the Upper Swift Creek Plan amendments,
indicating she would not address the goals in the Plan
amendment to which she had no additional amendments.
In response to Mr. Decker's question, Ms. Durfee stated she
was referencing the grey-line version that contains both
staff comments and Planning Commission recommendations.
Ms. Durfee then continued her motion for the Board to approve
amendments in the Upper Swift Creek Plan amendment, to
include the recommendation of the Planning Commission for
Land Use Goal 2, to promote economic development
opportunties; as well as the recommendation of the Planning
Commission for Recommendation A. She further motioned to
include the following additional language at the end of
Recommendation A: These broad categories should include
appropriate mixed-use opportunities and consideration for
destination retail that would support employment center uses
and the overall Plan.
In response to Mr. Decker's question, Ms. Durfee stated she
was speaking on Goal 2.
Mr. Warren suggested allowing Ms. Durfee to finish her motion
and then ask specific questions of her when she is finished.
Ms. Jaeckle stated she would rather go through the amendments
as Ms. Durfee is talking about them.
In response to Ms. Jaeckle's question, Ms. Durfee stated she
was on page 3 of the draft Plan document.
In response to Ms. Jaeckle's question, Mr. Warren stated the
public hearing has been held and is now closed.
Ms. Durfee restated her motion with regard to Land Use Goal 2
and then continued her motion for the Board to approve the
amendments to the Upper Swift Creek Plan amendment, to
include additional language for:
Land Use Goal 4, to add the following language to
Recommendation B: Specifically, consider increasing the
current ordinance requirements from 100-feet to 200-feet.
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Land Use Goal 6, Preserve identified resources from new
development through a purchase of a development rights
program with a modification to delete the reference to
countywide, together with Recommendation A, with modification
to add that this program is for the Upper Swift Creek Plan
amendment geography and delete the reference to countywide.
Land Use Goal 7, Promote orderly development patterns,
together with the Recommendation to include the growth
management boundary.
Land Use Goal 8, Preserve identified resources from new
development through a transfer of development rights program,
with modification to delete the reference to countywide,
together with Recommendation A, with modification to add that
this program is .for the Upper Swift Creek Plan amendment
geography and delete the reference to countywide.
Land Use Goal 9, Encourage affordable housing through an
affordable housing program, with modification to delete the
reference to countywide, together with Recommendation A, with
modification to add that this program is for the Upper Swift
Creek Plan amendment geography and delete the reference to
countywide.
Further, add the following language to Recommendation A of
Goal 9:
Promote efficient land use through development of compact
communities with a lively mix of uses including housing,
businesses and shops, civic and open spaces, to encourage
walking, reduce the need for auto use, support public transit
and minimize the loss of open space.
Promote diverse housing types in all communities to enable
persons and households from a wide range of economic levels,.
cultures and age groups to live and work within their
boundaries.
Promote development that makes use of existing infrastructure
by rehabilitating existing structures and building on infill
parcels, and encourage development that conserves resources,
minimizes waste, promote health and enhances the communities
in which it is located.
Promote affordable housing opportunities in the Upper Swift
Creek area through established requirements approved by the
Director of Planning.
Modify Transportation Goal, Provide a safe, efficient and
cost effective transportation system, Recommendation A, item
10, to delete the language `see Map: Powhite Alignment', and
to include the following language in its place:
The original alignment for the Powhite Extension and Genito
Road interchange shall be added to the Thoroughfare Plan,
which will result in two potential alignments being shown on
the Plan;
Ms. Durfee recommended encouraging expanding the availability
and types of public transportation by modifying
Transportation Goal - Recommendation A, Public
Transportation, by adding the following language:
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Options for expanding the availability and types of public
transportation in the area should continue to be considered;
~.
Modify Transportation Goal - Recommendation A, Park-and-Ride
Lots, add the following language:
In conjunction with rezoning requests in the Plan area, staff
should pursue land dedications for future park and ride
facilities.;
Goals and Recommendations for level of service for Roads,
adopt the Transportation Department's recommendation, which
the Planning Commission had recommended;
Goals and Recommendations for levels of service for Schools,
adopt the language in the amendment to the Upper Swift Creek
Plan amendment, as recommended by the Planning Commission.
In response to Mr. Warren's question, Ms. Durfee stated she
was referencing page 244 of the Board's packet.
Ms. Durfee then continued her motion for the Board to approve
the Upper Swift Creek Plan amendments, to include Goals. and
Recommendations for levels of service for Fire and EMS, to
include the language in the draft Plan amendment and to add
the following language;
The ability to meet the existing level of service standards
for that portion of the Upper Swift Creek Plan amendment
geography, outside the urban corridor, is not feasible with
current resources. To meet level of service standards, the
identified fire and emergency medical service facilities in
the draft Public Facility Plan, must be funded for
construction, operational staffing and equipment. Until this
occurs, the fire and emergency medical services level of
service standards will not be met in the non-urban corridor
portion of the Upper Swift Creek Plan amendment geography.
In response to Mr. Warren's question, Ms. Durfee stated she
was referencing page 247 in the Board's agenda packet.
Ms. Durfee then continued her motion for the Board to approve
revisions to the Upper Swift Creek Plan amendment, to include
changes to the Goals and Recommendations - Environmental
Quality, Environmental Goal, to modify the language as
follows:
Maintain local, state and federal water quality standards of
Swift Creek Reservoir and its tributaries.;
Modify Recommendations: A as follows:
Promote land uses and development standards that are
consistent with the protection of critical natural systems
within the watershed and that will facilitate maintenance of
local, state and federal water quality standards for area
streams and the Swift Creek Reservoir.;
Add to that language the following paragraph:
The county goal is to promote and enforce ordinances that
protect the waters of the Swift Creek watershed and comply
with the Chesapeake Bay Preservation Act in achieving the
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goals of prevention of any increase in pollution, reduction
in existing pollution and promotion of water resource
conservation to provide health, safety and welfare for
present and future citizens.;
Under Effective Water Quality Alternatives, delete references
to phosphorus load standards and add the following language:
If tributary and/or reservoir monitoring data and analysis
indicate the need for a more restrictive or alternative water
quality standard, the county should adopt more stringent
water quality requirements as appropriate.;
And add the following language:
To address current/future reservoir water quality trends,
this approach and any other measures approved by the
Department of Environmental Engineering, to address the
impact of the development on the water quality in the Upper
Swift Creek watershed, shall be used.
Mr. Turner stated he thought
mixed use within the land use
less dwelling units per acre.
some of the motion involved
category of Residential 2.0 or
Ms. Durfee further motioned language referencing properties
having less than 100 acres not be adopted; that the general
note, referencing any residential zoning not adequately
mitigating its impact on infrastructure and public facilities
should be denied, not be adopted (This statement of the
motion was misstated and should reflect that the General Note
be adopted as clarified on page 471 of these minutes and the
alternate note not be adopted; although the note referencing
additional uses that enhance or expand the county's economic
base would be appropriate, subject to conditions that
mitigate the impacts of such uses on surrounding residential
neighborhoods, not be adopted (This statement of the motion
was misstated and should reflect that the General Note be
adopted as clarified on page 471 of these minutes and the
mixed use community land use category be adopted as drafted
and recommended by the Planning Commission, and the alternate
language for mixed use communities not be adopted.
Mr. Holland seconded Ms. Durfee's motion. He thanked the
citizens for attending the meetings on the Upper Swift Creek
Plan.
Mr. Warren called for comments on the motion.
Ms. Jaeckle stated concerns she had with the levels of
service for the schools portion of the Plan. She thought a
meeting was going to be scheduled to discuss those details.
She further stated concerns relating to the amount of
information received at the meeting and voting on that
information at the same meeting.
In response to Ms. Jaeckle's concerns, Ms. Durfee stated
there is only one version of the Plan. She further stated
the Planning Commission is scheduling a meeting to consider
levels of service for schools and if they determine to go
with a number lower than 120 percent, then that will override
what the Board recommends in the Upper Swift Creek geography.
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Ms. Jaeckle restated her concerns about voting for items
received at the meeting. She inquired about how the
suggested changes will change the Plan.
Mr. Gecker requested a copy of Ms. Durfee's motion, so the
Board can have a better understanding of the changes being
made to the Plan. He stated he did not intend to delay
adoption of the Plan any longer. He further stated he would
be willing to go through the motion again, to better
understand it, or make a substitute motion to adopt the
Planning Commission's version of the Plan.
In response to Ms. Durfee's request, Mr. Turner stated the
Planning Commission's recommendations for the Plan was
forwarded to the Board members. He noted that various
amendments in the gray-line version of the Plan were included
annotations that reflected the Planning Commission's actions.
Mr. Gecker requested that Mr. Turner explain the language
changes to the Board.
Mr. Turner clarified at length Ms. Durfee's motion..
In particular, Mr. Turner clarified that Ms. Durfee, in her
motion intended to adopt the general note that says any
residential zoning that does not adequately mitigate its
impact on infrastructure and public facilities should be
denied and, further, that Ms. Durfee intended to adopt the
general note that says that additional uses that enhance or
expand the county's economic base be appropriate, subject to
conditions that mitigate the impacts of such uses on the
surrounding residential neighborhoods
Ms. Jaeckle made a substitute motion, seconded by Mr. Gecker,
for the Board to adopt the amendments to the Upper Swift
Creek Plan amendment, as recommended by the Planning
Commission.
Mr. Warren called for a vote on Ms. Jaeckle's motion.
Ayes: Gecker and Jaeckle.
Nays: Warren, Holland and Durfee.
The motion failed.
The Board took a 5-minute recess.
Reconvening:
Mr. Gecker expressed appreciation to Mr. Warren for the
opportunity to review the proposed changes. He stated he
still had concerns with the wording of the Fire and EMS level
of service standard.
Battalion Chief Stuart Dalton clarified the wording of the
Fire and EMS level of service standard regarding response
times in the urban corridor for the Board members.
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In response to Mr. Warren's .question, Chief Dalton stated
Fire and EMS level of service standard is a goal, but the
Fire Department would not require the response times to be
within the 6 minute countywide standard.
In response to Mr. Gecker's concerns, Ms. Durfee agreed the
sentence concerning the measurements of response times should
be removed from the Plan which was agreed to by Mr. Holland
who had seconded the motion.
Mr. Warren called for a vote on Ms. Durfee's motion.
Ayes: Warren, Gecker, Holland and Durfee.
Nays: Jaeckle.
Ms. Jaeckle stated she does not think it is good policy to
receive the amount of information the Board received at the
meeting and to vote on it. She further stated if the
information would have been received earlier, she probably
would have agreed with the amendments.
18.B. TO CONSIDER AMENDMENTS TO THE EROSION AND SEDIMENT
CONTROL, SUBDIVISION AND ZONING ORDINANCES RELATING
TO LOW IMPACT DEVELOPMENT IN THE UPPER SWIFT CREEK
WATERSHED
Mr. Warren stated the Board would now take additional
comments on the low impact development ordinances.
No one came forward to speak to this issue.
In response to Ms. Jaeckle's question, Mr. McElfish stated
the Planning Commission's recommendation did not include the
mass grading and tree save portions in the amendments for low
impact development.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adopted the Planning Commission's version of the amendments
to the erosion and sediment control, subdivision and zoning
ordinance relating to low impact development in the Upper
Swift Creek Watershed.
In response to Mr. Warren's question, Mr. McElfish stated the
motion is consistent with the Planning Commission's
recommendation.
In response to Mr. Stegmaier's questions, Mr. McElfish stated
the staff's version of the amendments do contain the portion
relating to pervious parking, which the Planning Commission's
version did not.
Mr. Warren called for a vote on the motion of Ms. Durfee,
seconded by Mr. Holland, for the Board to adopt the following
ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 8-6 OF THE EROSION AND SEDIMENT
CONTROL ORDINANCE, SECTIONS 17-62 AND 17-76 OF THE
SUBDIVISION ORDINANCE AND SECTIONS 19-58, 19-238, 19-301, AND
19-514 OF THE ZONING ORDINANCE ALL OF WHICH RELATE TO DESIGN
AND WATER QUALITY STANDARDS IN THE UPPER SWIFT CREEK
WATERSHED
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
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(1) That Sections 8-6, 17-62, 17-76, 19-58, 19-238, 19-301,
and 19-514 of the Code of the County of Chesterfield, 1997,
as amended, are amended and re-enacted to read as follows:
Chapter 8
EROSION AND SEDIMENT CONTROL
0 0 0
Sec. 8-6. Erosion and sediment control plans.
(e) For construction sites that are adjacent to
sensitive environmental features such as RPAs, wetlands and
floodplains, the approved plan may incorporate additional
measures required by the director of environmental
engineering to adequately prevent sediment from entering
those resources. In addition, the director of environmental
engineering will require additional measures other than the
minimum standards contained in the Virginia Erosion and
Sediment Control Handbook if it is determined that such
measures are necessary for protection of sensitive
environmental features and/or water resources within the
Upper Swift Creek Watershed. At a minimum the measures will
consist of (i) enhanced perimeter protection (ii) utility
relocations as part of an approved erosion and sediment
control plan and (iii) monthly submittal of an erosion and
sediment control report for sites over five acres.
0 0 0
Chapter 17
SUBDIVISION OF LAND
0 0 0
Sec. 17-62. Standard Conditions.
(f) A 25-foot minimum setback shall be provided from
wetlands. In the Upper Swift Creek Watershed, all new
construction and substantial improvements of residential
dwellings shall be set back at least 35 feet horizontal
distance from the outer most boundary of the wetlands.
(g) A 25-foot minimum setback shall be provided from
conservation areas. In the Upper Swift Creek Watershed,
all new construction and substantial improvements of
residential dwellings shall be set back at least 35 feet
horizontal distance from the outer most boundary of the
Resource Protection Areas and 100-year floodplains where
the contributing drainage area exceeds 100 acres.
o 0 0
Sec. 17-76. Arrangement.
(j) Curb and gutter shall be required on all local
streets in all subdivisions, where the average lot has
less than 100 feet of street frontage. In the Upper Swift
Creek Watershed, roadside ditches shall be required on all
local streets in all subdivisions where the average lot
frontage is 90 feet or more, provided, however, that the
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director of environmental engineering may approve the use
of curb and gutter where the average lot frontage exceeds
90 feet if LID measures are used to address stormwater
runoff from street surfaces. These calculations exclude
those lots fronting on the radial terminus of a cul-de-
sac. Curb and gutter installation may be waived, in whole
or in part, by the director of planning or planning
commission to preserve the existing neighborhood local
street drainage method.
0 0 0
Chapter 19
ZONING
0 0 0
Sec. 19-58. Floodplain regulations.
a. General provisions.
0 0 0
(7) All new construction and substantial improvements of
nonresidential structures and accessory buildings within
the floodway fringe shall either: have a minimum floor
level of 12 inches above the base flood elevation; or
together with attendant utility and sanitary facilities,
be designed to be watertight at least 12 inches above
the base flood elevation with walls substantially
impermeable to the passage of water and with structural
components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy. In the Upper Swift Creek Watershed all new
construction and substantial improvements of
nonresidential structures and accessory buildings shall
be located outside the floodway fringe and shall be set
back at least 25 feet horizontal distance from the
outermost boundary of the base flood area, wetlands,
Resource Protection Areas and 100-year floodplains where
the contributing drainage area exceeds 100 acres,
provided however, that when LID practices as determined
by the director of environmental engineering are used
adjacent to wetlands, floodplains and Resource
Protection Areas the setback may be reduced to 5 feet.
0 0 0
Sec. 19-238. Development regulations.
Any use, development or redevelopment of land in the
Upper Swift Creek Watershed shall meet the following
performance criteria:
0 0 0
(d) (1) Stormwater runoff shall be controlled to
achieve the following:
a. For any new use or development, the post-
development, nonpoint-source pollution
runoff loads of phosphorous and lead
shall not exceed the following:
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(i) Phosphorus:
1. The post-development total
phosphorus load for residential
uses located in areas
identified in the Midlothian
Area Community Plan for low
density residential (1.01 to
2.0 units per acre), in the
Route 288 Corridor Plan for
Residential (1 to 2.0 dwellings
per acre), and in the Upper
Swift Creek Plan for single
family residential (2.0
units/acre or less), shall not
exceed 0.22 pounds per acre per
year.
2. The post-development total
phosphorus load for all other
uses shall not exceed 0.45
pounds per acre per year.
(ii) Lead:
1. The post-development total lead
load for nonresidential uses
and residential uses at a
density greater than 2.0 units
per acre located in areas
identified for such uses in the
comprehensive plan shall not
exceed 0.19 pounds per acre per
year.
2. The post-development total -lead
load for all other uses shall
not exceed 0.03 pounds per acre
per year.
b. For redevelopment sites not currently
served by water quality best management
practices, the existing nonpoint-source
pollution runoff loads of phosphorus and
lead shall be reduced by at least thirty
(30%) percent after redevelopment
however, the loads of such elements need
not be reduced below the levels set forth
in subsection (d) (1) a.
c. For redevelopment sites currently served
by water quality best management
practices, the post-development,
nonpoint-source pollution runoff loads of
phosphorus and lead shall be reduced by
at least twenty percent (200); however,
the loads of such elements need not be
reduced below the levels set forth in
subsection (d)(1)a.
(2) Compliance with the requirements of subsection
(d)(1) shall be achieved on site through
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incorporation of best management practices
including Low Impact Development practices
that achieve the required control, unless the
director of environmental engineering
determines that one of the following storm
water management options has been satisfied.
a. Mitigation measures approved by the
director of environmental engineering in
conjunction with the plan approval
process. Mitigation measures may include,
but are not limited to, the following:
(i) construction of BMP's on or off-site,
(ii) retrofitting an existing BMP on or
off-site, (iii) stream or buffer
enhancements or restoration, (iv)
purchasing of credits from owners of
other property in the watershed when best
management practices on the other
property exceed the required control, (v)
use of perpetual conservation or open
space easements, and (vi) if the
foregoing mitigation measures are not
adequate to achieve the required control,
payment to the County of cash sufficient
to achieve the required control through
other mitigation measures as determined
by the director of environmental
engineering. Mitigation measures shall be
approved by the director of environmental
engineering only when: (i) the proposed
mitigation measures are located within
the Upper Swift Creek Watershed, (ii) the
proposed mitigation measures are
sufficient to achieve the required
control, and (iii) the applicant provides
an engineer's certification that there is
no viable means of sufficiently achieving
the required control on site. Unless,
otherwise determined by the director of
environmental engineering, mitigations
measures shall be located in the same
subwatershed of the Upper Swift Creek
Watershed.
b. Property that the director of planning
has determined to be vested as to the
right to comply with the required control
through pro rata payments for regional
BMPs pursuant to Article VI of chapter 12
repealed February 14, 2007, shall achieve
compliance through (i) a pro rata payment
equal to what would have been required
under chapter 12, which shall be used for
mitigation measures in the watershed as
determined by the director of
environmental engineering, (ii)
compliance with the other provisions of
19-238(d)(2), or (iii) a combination
thereof. In any event, however, even
vested properties shall achieve a minimum
total phosphorus load of 0.45 pounds per
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acre per year as required by Chesapeake
Bay Preservation Act regulations.
c. Compliance with a state or locally
implemented program of stormwater
discharge permits pursuant to section
402 (p) of the federal Clean Water Act, as
set forth in 40 CFR 122, 123, 124 and
504, dated December 7, 1988.
d. For a redevelopment site that is
completely impervious as currently
developed, restoring a minimum of 20
percent of the site to vegetated open
space.
(e) Every application for a rezoning, conditional use,
conditional use planned development, and
conditional zoning in the Upper Swift Creek
Watershed shall include a natural resource
inventory for the proposed development site except
as set forth below. The natural resource inventory
is a planning level tool used for the analyses of
the project area to enable future development the
opportunity to incorporate stormwater mitigation
and conservation designs while avoiding sensitive
environmental features for the protection of their
role as it relates to water quality. The
information may be used for the project's overall
stormwater management plan and should protective
measures or non-structural stormwater practices be
found beneficial to water quality and acceptable in
the form of a proffered condition, the director of
environmental engineering at construction plan or
site plan review may credit the resulting
stormwater benefits towards the project's required
pollutant load reduction.
(1) The following development projects are
exempt from the
requirement to provide a natural resource
inventory:
a. Any disturbance less than an area of
2,500 feet;
b. Single family residential dwelling
that is not part of a subdivision;
and
c. Construction of water, sewer,
natural gas, underground
telecommunications and cable
television lines, railroads, or
public roads.
(2) The natural resource inventory shall be
drawn to scale clearly delineating the
following components:
a. Nontidal wetlands connected by
surface flow and contiguous to tidal
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wetlands or water bodies with
perennial flow;
b. A 100-foot buffer area located
adjacent to and landward of the
components listed in item a. above,
and along both sides of any water
body with perennial flow;
c. Nontidal wetlands not included in
item a. above;
d. 100-year floodplains as designated
in section 19-57;
e. Slopes 25 percent or greater;
f. Hydrologic soil groups;
g. Threatened and endangered species;
h. Transaction screen;
i. Greenways;
j. Abandoned or existing mines or
quarries;
k. Historical, archeological, or
cultural features; and
1. Any other sensitive environmental
feature specific to the site.
m. Highly erodible soils.
(3) A narrative describing the location,
density, plant species and condition of
the vegetation on the site shall be
provided with the natural resource
inventory.
(4) The natural resource inventory shall be
certified as complete and accurate by a
person or firm qualified to make the
inventory.
(f) The use of Low Impact Development site planning and
practices shall be encouraged to reduce pollutants
and control stormwater runoff at the source.
(1) The design criteria, hydrologic analysis, and
calculation procedures for LID practices shall
be as published by the Chesterfield County,
department of environmental engineering.
(2) Storm drainage easements shall be recorded to
. identify locations of LID practices on lots or
parcels. The property owner shall not remove
or alter the function of LID practices without
prior written approval from the director of
environmental engineering.
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(g) If the best management practices that are used
require regular or periodic maintenance in order to
continue their functions, maintenance shall be
ensured by a maintenance/easement agreement, bond
or other assurance satisfactory to the director of
environmental engineering; and
(h) Land on which agricultural activities are being
conducted shall have a soil and water quality
conservation plan approved by the James River Soil
and Water Conservation District. Such plan shall be
based on the Field Office Technical Guide of the
U.S. Farm Service Agency Soil Conservation Service
and accomplish water quality protection consistent
with this section.
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Sec. 19-301. Definitions.
For the purposes of this chapter, the following words
and phrases shall have the following meanings:
0 0 0
Low Impact Development (LID): A design strategy with
the goal of maintaining or replicating the pre-development
hydrologic regime through the use of design techniques to
create a functionally equivalent hydrologic site design.
Hydrologic functions of storage, infiltration and ground
water recharge, as well as the volume and frequency of
discharges are maintained through the use of integrated and
distributed micro-scale stormwater retention and detention
areas, reduction of impervious surfaces, and the lengthening
of runoff flow paths and flow time. Other strategies include
the preservation/protection of environmentally sensitive site
features such as riparian buffers, wetlands, steep slopes,
valuable (mature) trees, flood plains, woodlands, and highly
permeable soils.
Transaction Screen: A standardized approach to
environmental due diligence that provides a generally
acceptable degree of confidence about the environmental
condition of the property. The study includes a search of
governmental databases and a review of regulatory agency
records describing any detailed environmental investigations
which may have occurred on the property. It also includes a
questionnaire concerning the environmental history of the
property and a site visit to observe site conditions on and
around the property.
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Secs. 19-514. Design standards for off-street parking.
(d) Surface treatment.
(1) With the exception of: (i) single-family
residential and farm uses; (ii) areas where track-
mounted equipment is stored or displayed; (iii)
property in 1-2 and 1-3 .Districts; (iv) areas for
the storage of customer vehicles in motor vehicle
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storage/towing lots; or (v) unpaved overflow
parking areas, driveways and parking areas shall
be paved with concrete, bituminous concrete or
other similar material. Except in 1-2 and 1-3
Districts, surface-treated parking areas and drives
shall be prohibited. Areas where track mounted
equipment is stored or displayed and areas for the
storage of customer vehicles in motor vehicle
storage/towing lots shall have a minimum surface of
six inches of No. 21 or No. 21A stone.
Except as detailed in the Environmental Engineering
Department's Reference Manual, concrete curb and
gutter shall be installed around the perimeter of
all paved driveways and parking areas. Other
curbing material of similar quality, such as brick
or cobblestone, may be permitted through site or
schematic plan review. In the Upper Swift Creek
Watershed, an alternative means of defining
pavement edges as determined by the director of
environmental engineering may be substituted for
curb and gutter when Low Impact Development
practices are used. Drainage shall be designed so
as not to interfere with pedestrian traffic.
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(2) That these ordinances shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
suspended its rules at this time to consider the remaining
agenda items after 11:00 p.m.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
08SN0131
In Matoaca Magisterial District, CHESTERFIELD COUNTY BOARD OF
SUPERVISORS requests Conditional Use and amendment of zoning
district map to permit a computer-controlled, variable
message, electronic sign. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for residential use of 1-5 acre lots, suited to R-88 zoning.
This request lies in an Agricultural (A) District on 137.2
acres fronting approximately 1,600 feet on the north and
south lines of John Winston Jones Parkway approximately 900
feet northeast of Woodpecker Road; also fronting in two (2)
places for approximately 280 feet on the northeast line of
Woodpecker Road approximately 600 feet southeast of John
Winston Jones Parkway. Tax ID 783-626-4767.
Ms. Peterson presented an overview of the request. She
stated the Planning Commission and staff recommended
approval, noting the sign would have no greater impact on the
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surrounding community than a sign which incorporates
permitted changeable copy. She further stated support and
opposition was present at the Planning Commission meeting.
Mr. Warren called for public comment.
Ms. Amy Elliott, a PISA board member, requested the Board to
support the request for the electronic sign for Matoaca High
School.
Mr. Ralph Clay presented a petition in opposition of the sign
to the Board. He stated the majority of the students do not
use the entrance where the sign will be located.
Mr. Scott Mills spoke in support of the electronic sign. He
stated the size of sign is supported by the Planning
Department.
Ms. Joyce Bush spoke in opposition to the electronic sign
being placed in an agricultural area. She stated the sign
should be placed on John Winston Parkway.
Ms. Diane Landen stated there are evening events held at the
school where a sign is needed. She spoke in support of the
electronic sign.
Mr. David Gill, an area resident, spoke in opposition to the
electronic sign being placed at this location due to the
distraction it will cause for traffic.
Ms. Pat Mills spoke in support of the electronic sign being
placed at this location.
Mr. Steve Cunningham, principal of Matoaca High School, urged
the Board to approve the request. He stated the sign would
be used to highlight accomplishments of the students. He
requested the time limitation be lifted due to some events
lasting later than 9:00 p.m.
Mr. Michael Rodney spoke in support of the placement of the
electronic sign at the entrance of Matoaca High School.
Ms. Karen Hahn spoke in support of the electronic sign.
Mr. Bob Schrum spoke in support of the sign.
Mr. David Stevens spoke in support of the location of the
sign and addressed some of the issues raised by the
opposition.
Ms. Brenda Stewart, a Matoaca District resident, spoke in
opposition to the sign.
Ms. Shellie Schuetz spoke in support of the sign, stating the
school is difficult to find because it is located off of the
road.
Mr. Warren closed the public hearing.
Ms. Durfee thanked the citizens for attending the meetings on
this request. She stated it is unfortunate that the school
was built without a sign. She further stated the school is
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located off of an arterial roadway and is unable to be seen
easily.
In response to Ms. Durfee's question, Ms. Peterson stated the
ordinance does require that the sign not be illuminated
between the hours of 10:00 p.m. and 6:00 a.m. She further
stated the Planning Commission recommended the electronic
panel not be illuminated after 9:00 p.m.
In response to Ms. Durfee's questions, Mr. Mike Golden stated
the sign is proposed to be made using neutral colors. He
further stated the request for a 15-foot sign is to minimize
vandalism to the electronic portion of the sign.
Ms. Durfee stated the school is limited as to where to place
the sign because they must own the land under the sign.
In response to Ms. Durfee's question, Mr. Micas stated she
could impose a condition as long as the language was
understandable by the county's zoning enforcement.
Ms. Durfee made a motion, seconded by Mr. Holland, for the
Board to approve Case 08SN0131 subject to one condition.
Ms. Jaeckle stated she understands the need for the sign to
be placed at a visible site such as on a main road. She
further stated she does not think the message should be
limited to one change per day.
Mr. Gecker stated he feels the Board should adhere to the
county's sign standards. He further stated he does not want
approval of this request to set a precedence for other
requests for electronic signs. He referenced the policy that
does not permit electronic signage in a rural districts. He
stated the citizens expect the Board to protect their
reasonable expectations of not allowing an electronic sign in
residential areas of the county.
Mr. Holland stated it disheartens him to see a school without
a sign. He further stated the purpose of the sign is to
notify citizens of events going on at the schools.
Ms. Durfee stated there is no other location available for
placement of the sign.
Mr. Warren called for a vote on Ms. Durfee's motion, seconded
by Mr. Holland, for the Board to approve Case 08SN0131,
subject to the following condition:
In addition to Ordinance requirements, any computer-
controlled, variable message, electronic sign shall conform
to the following standards:
a. Copy shall be limited to a maximum of two (2) lines
which shall not move, but may fade;
b. The message or display shall be programmed or
sequenced to change no more than once every twenty-
four (24) hours with such change occurring between
10:00 a.m. and 11:00 a.m.;
c. The copy display color shall either be white or
yellow;
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d. Flashing and traveling messages shall be
prohibited;
e. Bijou lighting and animations effects shall be
prohibited and;
f. The electronic sign face component shall not be
lighted between the hours of 9:00 p.m. and 6:00
a.m, except during home football games and special
regional events in which case the sign can be
lighted until 10:00 p.m.; and
g. The sign shall not exceed a height of twelve (12)
feet . (P)
Ayes: Holland, Jaeckle, and Durfee.
Nays: Gecker and Warren.
07SN0206 (Amended)
In Matoaca Magisterial District, GBS HOLDING LTD requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-15) plus Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. Residential use of up to 2.90 units per acre is
permitted in a Residential (R-15) District. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for single family residential use of
2.0 units per acre or less. This request lies on 38.8 acres
fronting approximately 290 feet on the west line of Old
Hundred Road approximately 2,900 feet northwest of Otterdale
Road. Tax ID 714-698-Part of 3178.
Ms. Peterson presented an overview of Case 07SN0206 and
stated .the Planning Commission recommended approval and staff
recommended denial, noting the application failed to address
transportation concerns relative to Old Hundred Road.
Mr. Casey Sowers, the applicant's representative, stated the
Planning Commission's recommendation was acceptable.
Mr. Warren called for public comment.
Mr. Tom Pakurar inquired which standard the applicant will
follow in regards to Proffered Condition 9.
Mr. Hugh Woodle, owner of the subject property, spoke in
support of the request.
There being no one else to address the request, Mr. Warren
closed the public hearing.
Mr. Sowers stated the request is for pure residential zoning.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved Case 07SN0206 and accepted the following proffered
conditions:
The Owners and the Developer (the "Developer") in this zoning
case, pursuant to Section 15.2-2298 of the Code of Virginia
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(1950 as amended) and the Zoning Ordinance of Chesterfield
County, for themselves and their successors or assigns,
proffer that the development of the Property known as
Chesterfield County Tax Identification Number part of 714-
698-3178 (the "Property") under consideration will be
developed according to the following conditions if, and only
if, the rezoning request for R-15 and the conditional use
plan of development is granted. In the event the request is
denied or approved with conditions not agreed to by the
Developer, the proffers and conditions shall immediately be
null and void and of no further force or effect. If the
zoning is granted, these proffers and conditions will
supersede all proffers and conditions now existing on the
Property.
1. Master Plan. The Textual Statement, dated February 20,
2008, and Exhibit A, dated March 1, 2007, and revised
July 25, 2007 shall be considered the Master Plan. (P)
2. Density. The maximum number of dwelling units developed
on the Property shall be forty-five (45) Of this total,
a minimum of seventeen (17) lots shall be of Lot Type B
and a maximum of twenty six (26) shall be of Lot Type A,
as further defined in the Textual Statement. (P)
3. Timbering. With the exception of timbering, which has
been approved by the Virginia State Department of
Forestry, there shall be no timbering until a land
disturbance permit has been obtained from the
Environmental Engineering Department and the approved
devices have been installed. (EE)
4. Utilities. The public water and wastewater systems shall
be used, except for model homes/sales offices not in
permanent dwellings and/or construction offices. (U)
5. Cash Proffers. The Developer, subdivider, or assignee(s)
shall pay the following to the County of Chesterfield
prior to the issuance of a building permit for
infrastructure improvements within the service district
for the Property:
A. $15,600.00 per dwelling unit if paid prior to July
1, 2007. At the time of payment, the $15,600 will
be allocated pro-rata among the facility costs as
follows: $5,331 for schools, $602 for parks and
recreation, $348 for library facilities, $8,915 for
roads, and $404 for fire stations. Thereafter, such
payment shall be the amount approved by the Board
of Supervisors not to exceed $15,600.00 per unit as
adjusted upward by any increase in the Marshall and
Swift Building Cost Index between July 1, 2006 and
July 1 of the fiscal year in which the payment is
made if paid after June 30, 2007.
B. If, upon the mutual agreement of the Transportation
Department and the Developer, the Developer
provides road improvements (the "Improvements") in
the vicinity of Old Hundred Road, then the
transportation component in this Proffered
Condition shall be reduced by an amount not to
exceed the cost to construct the Improvements so
long as the cost is of equal or greater value than
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that which would have been collected through the
payment(s) of the road component of the cash
proffer as determined by the Transportation
Department. Once the sum total amount of the cash
proffer credit exceeds the cost of the
Improvements, as determined by the Transportation
Department, thereafter the Developer shall commence
paying the cash proffer as set forth in this
Proffered Condition as adjusted for the credit. For
the purposes of this proffer, the costs, as
approved by the Transportation Department, shall
include, but not be limited to, the cost of right-
of-way acquisition, engineering costs, costs of
relocating utilities and actual costs of
construction (including labor, materials, and
overhead) ("Work"). Before any Work is performed,
the Developer shall receive prior written approval
by the Transportation Department for the
Improvements and any credit amount.
C. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
law. Should Chesterfield County impose impact fees
at any time during the life of the development that
are applicable to the Property, the amount paid in
cash proffers shall be in lieu of or credited
toward, but not in addition to, any impact fees, in
a manner as determined by the county. (B&M)
6. Access. Direct vehicular access shall be provided from
the Property to Old Hundred Road and this access shall
be limited to one (1) public road. The exact location of
this access shall be approved by the Transportation
Department.
A. In conjunction with any development that includes
direct vehicular access from the property to Old
Hundred Road; additional pavement shall be
constructed along Old Hundred Road at the public
road intersection to provide left and right turn
lanes. The Developer shall dedicate to Chesterfield
County, free and unrestricted, any additional
right-of-way (or easements) required for these
improvements. (T)
B. No lots shall have sole access through Hallsley
Subdivision. (P)
7. Dedication. In conjunction with recordation of the
initial subdivision plat or within sixty (60) days from
the date of a written request by the Transportation
Department, whichever occurs first, forty-five (45) feet
of right-of-way on the west side of Old Hundred Road,
measured from the centerline of that part of Old Hundred
Road immediately adjacent to the Property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
8. Buffers. All required buffers shall be located within
recorded open space. (P)
9. Stormwater Management. The developer acknowledges that
if the water quality of the Swift Creek Reservoir has
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reached a median level that exceeds .04 mg/1 in-lake
phosphorus or otherwise degrades to an unacceptable
level, that the Director of Environmental Engineering,
may recommend .that the County adopt phosphorus loading
standards that are more restrictive than the standards
applicable as of October 10, 2007. To mitigate the
impact of this development on the water quality of the
Swift Creek Reservoir and the Upper Swift Creek
Watershed, and consistent with the County's duty to
exercise its police powers to protect the County's water
supply, the Developer and his assignees agree that the
phosphorus loading standards of the zoning ordinance
applicable to any undeveloped portion of the subject
property shall be those standards that are in effect at
the time of subdivision or site plan .approval for any
residential uses. This condition shall not apply to
residential uses located within the same structure as
commercial uses. All substantially approvable
construction plans in the Department of Environmental
Engineering that- have complied with the submittal
criteria for review shall not be affected. (EE)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
085N0182
In Matoaca
request ame
of zoning
uses and tc
amendment
Ordinance
property i
uses. This
District on
north line
Cosby Road.
Magisterial District .DOGWOOD PARTNERSHIP LLC
ndment to rezoning (Case 99SN0227) and amendment
3istrict map to permit Community Business (C-3)
delete the conceptual plan. The density of such
will be controlled by zoning conditions or
standards. The Comprehensive Plan suggests the
appropriate for office/residential mixed use
request lies in a Community Business (C-3)
3.9 acres fronting approximately 490 feet on the
of Hull Street Road approximately 60 feet east of
Tax ID 717-671-5331.
Ms. Peterson presented an overview of Case 08SN0182 and
stated the Planning Commission recommended approval and
staff recommended denial, noting the proposed commercial land
uses do not conform to the Upper Swift Creek Plan.
Ms. Carrie Coyner, the applicant's representative, stated the
Planning Commission's recommendation was acceptable.
Mr. Warren called for public comment.
Ms. Shellie Schuetz spoke in support of the request.
Mr. Warren closed the public hearing.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved Case 08SN0182 and acceptance of the following
proffered conditions:
1. Uses shall be limited to those uses permitted by right
or with restrictions in the Community Business (C-3)
District, excluding the following uses:
(a) automobile service stations;
(b) automobile self-service stations; and
(c) fast-food restaurants. (P)
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2. The ultimate design of development on the property shall
not be subject to the Conceptual Plan identified in
Proffered Condition 5 of Case 99SN0227. (P)
3. The estimated wastewater flows for the entire 3.9 acre
parcel shall be noted on the first site plan submitted.
Should the projected flows exceed 10,350 gpd, a
wastewater capacity study shall be submitted to the
Utilities Department for approval prior to approval of
that site plan. Should that study show that an existing
downstream capacity restriction would be exceeded, the
site plan shall be revised to incorporated an off-site
wastewater diversion line. (U)
(STAFF NOTE: Proffered Conditions 1 and 2 supersede the
Textual Statement (Proffered Condition 1) and Proffered
Condition 5 for the subject property only. All other
conditions of Case 99SN0227 shall remain in effect.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
PUBLIC HEARINGS (CONTINUED)
18.C. TO CONSIDER AMENDING COUNTY CODE SECTION 2-45 RELATED
TO THE DOLLAR THRESHOLD FOR COMPETITIVE SEALED BIDDING
AND COMPETITIVE NEGOTIATION
Mr. Johnson stated this date and time had been advertised for
the Board to consider amending County Code Section 2-45
related to the dollar threshold for competitive sealed
bidding and competitive negotiation.
Mr. Warren opened the public hearing.
There being no one to address this request, the public
hearing was closed.
On motion of Mr. Gecker, seconded by Mr. Warren, 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 SECTION 2-45 RELATING TO
PROCUREMENT OF GOODS AND SERVICES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 2-45 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 2-45. Competitive purchasing generally; exceptions.
All county contracts with nongovernmental contractors
for the purchase or lease of goods, for the purchase of
services, or for the sale of obsolete or unusable goods,
shall be awarded only after competitive sealed bidding or
competitive negotiation as provided in this article;
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provided, however, competitive sealed bidding or competitive
negotiation shall not be required:
0 0 0
(c) If the contract price is not expected to exceed the
applicable dollar amount specified in Code of
Virginia § 2.2-4303.G. or H. and the department
procuring the goods or services complies with
alternate purchasing procedures established in
writing by the county purchasing director;
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes:
Nays:
18.D.
Warren, Gecker, Jaeckle, Holland and Durfee.
None.
RELATING TO USE OF ALCOHOL ON CERTAIN PUBLIC PROPERTY
TO CONSIDER AMENDING SECTION 14-23 OF THE COUNTY CODE
Ms. Dickson stated this date and time had been advertised for
the Board to consider amending Section 14-23 of the County
Code relating to use of alcohol on certain public property
and would allow approval of requests on a case by case basis.
Mr. Warren called for public comment.
Mr. Carl Duffey, a Clover Hill District resident and a member
of the Chesterfield Chamber of Commerce, provided a summary
of the Celebration of the Vine wine event.
Ms. Linetta Gilreth, President of Chesterfield County Chamber
of Commerce, spoke in support of the amendment.
Ms. Shellie Schuetz suggested the Board revisit the policy
regarding alcohol use near county schools.
On motion of Mr. Gecker, 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 SECTION 14-23 RELATING TO
USE OF ALCOHOL ON CERTAIN PUBLIC PROPERTY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 14-23 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 14-23. Drinking alcoholic beverages, or tendering same
to another, in a county park.
(a) No person shall possess opened alcoholic beverage
containers or drink an alcoholic beverage or tender
a drink of an alcoholic beverage to another in a
county park provided, however, that alcoholic
beverages may be consumed at an event held at the
following locations: Henricus, Eppington,
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Castlewood, Magnolia Grange, and the senior center
at Huguenot Park, and at the county government
complex at specific locations approved and as
conditioned by the board of supervisors, and after
obtaining a valid banquet license issued by the
Virginia Department of Alcohol Beverage Control and
agreeing to comply with the terms of a special
permit issued by the county administrator. The
county department of parks and recreation shall
promulgate regulations for the issuance of permits
authorized by this section.
(b) No person shall possess opened alcoholic beverage
containers on any county property used for a school
or on any street, road, or highway located in the
county.
(c) Violation of this section shall constitute a Class
4 misdemeanor.
(Code 1978, § 15.1-31; Ord. of 7-27-05(3), § 1)
State law references: Similar provisions, Code of Virginia, §
4.1-308.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
18.E. TO CONSIDER ADOPTION OF AN ORDINANCE CREATING THE
CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY TO
SUPPORT THE REDEVELOPMENT OF CLOVERLEAF MALL
Ms. Tara McGee stated this date and time had been advertised
for the Board to consider adoption of an ordinance creating
the Chippenham Place Community Development Authority to
support the redevelopment of Cloverleaf Mall.
Mr. Warren called for public comment.
Mr. Jay Lafler, a member of the Gateway Association, spoke in
support of the ordinance. He stated the Gateway Association
is thankful for the Board of Supervisors for the time
invested on this project.
Mr. Warren closed the public hearing.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY ENACTING SECTIONS
9-250, 9-251, 9-252, 9-253, 9-254, 9-255, 9-256, AND 9-257
RELATING TO THE CREATION OF THE CHIPPENHAM PLACE COMMUNITY
DEVELOPMENT AUTHORITY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
WHEREAS, the Board of Supervisors of Chesterfield
County, Virginia (the "Board"), has received a petition (the
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"petition") from the Economic Development Authority of the
County of Chesterfield (the "Petitioner") for the creation of
the Chippenham Place Community Development Authority (the
"CDA"), and the Petitioner has represented that it owns more
than 51% of the value of all of the land within the proposed
CDA district; and
WHEREAS, a public hearing has been held on June 25, 2008
by the Board on the adoption of this Ordinance and notice has
been duly provided as set forth in §15.2-1427 of the Code of
Virginia of 1950, as amended, and §§15.2-5104 and 15.2-5156
of the Virginia Water and Waste Authorities Act, Chapter 51,
Title 15.2, Code of Virginia of 1950, as amended (the "Act");
and
WHEREAS, the Board proposes to create the CDA in order
to provide the infrastructure improvements, facilities and
services described in the Petition; and
WHEREAS, the creation of the CDA to assist in financing
the infrastructure, improvements and services in connection
with the redevelopment of all or a portion of certain real
property commonly known as Cloverleaf Mall into a mixed use
development that may include residential, office, retail and
other commercial space (the "project") which will benefit the
citizens of the County by promoting increased employment
opportunities, strengthening the economic base and increasing
tax revenues, and will meet the demands placed on the County
as a result of the commercial, residential and retail
activity in and around the project; and
WHEREAS, the Petitioner has waived in writing the right
to withdraw its signature from the Petition in accordance
with § 15.2-5156 of the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY that Sections 9-250, 9-
251, 9-252, 9-253, 9-254, 9-255, 9-256, and 9-257 of the Code
of the County of Chesterfield, 1997, as amended, are enacted
to read as follows:
Section 9-250. Creation of Authority. The Chippenham
Place Community Development Authority is hereby created as a
political subdivision in accordance with the applicable
provisions of the Virginia Water and Waste Authorities Act,
Chapter 51, Title 15.2, Code of Virginia, 1950, as amended
(the "Act") The CDA shall have the powers set forth in the
Act.
Section 9-251. Boundaries of the CDA. The CDA
boundaries shall initially include the property containing
82.73 acres, more or less, identified in Exhibit A, attached
hereto and presented to the Board of Supervisors (the "CDA
district"). In accordance with § 15.2-5157 of the Act, a
copy of this Ordinance shall be recorded in the land records
of the Circuit Court of Chesterfield County for each tax map
parcel within the CDA district as such CDA district exists at
the time of issuance of the CDA's bonds (the "bonds") and the
CDA district shall be noted on the land records of the
county. The Board of Supervisors may release or exclude from
the CDA District before or after the issuance of the Bonds
certain de minimis portions of land not to exceed
approximately two acres. The CDA may release and exclude
from the CDA District parcels of land with respect to which
all special assessments have been paid or prepaid.
Section 9-252. Facilities and Services. The CDA is
created for the purpose of exercising the powers set forth in
the Act, including acquiring, financing, constructing and
developing, and owning and maintaining, if necessary, certain
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infrastructure improvements, facilities and services in
connection with the development of a mixed-used development
that may include residential, office, retail, and other
commercial space (the "project") as described in the petition
and the articles of incorporation described below. The CDA
shall not provide services which are provided by, or
obligated to be provided by, any authority already in
existence pursuant to the Act unless such authority provides
the certification required by § 15.2-5155 of the Act.
Section 9-253. Articles of Incorporation. Attached
hereto as Exhibit B and presented to the Board of Supervisors
at the time of the adoption of this Ordinance are the
proposed articles of incorporation of the CDA. The county
administrator is authorized and directed to execute and file
such articles of incorporation on behalf of the Board with
the State Corporation Commission in substantially the form
attached as Exhibit B with such changes, including
insubstantial changes to the boundary description of the CDA
district described therein, as the county administrator may
approve. The county administrator is authorized to approve
such other changes or corrections to the articles of
incorporation prior to filing with the State Corporation
Commission as do not change the purpose or function of the
CDA as set forth in this article and in the petition.
Section 9-254. Capital Cost Estimates. The Board
hereby finds, in accordance with § 15.2-5103 (B) of the Act,
that it is impracticable to include capital cost estimates,
project proposals, and project service rates, except as
preliminarily summarized in the petition.
Section 9-255. Membership of the Authority.
(a) The powers of the CDA shall be exercised by an
authority board consisting of five (5) members.
(b) All members of the CDA board shall be appointed by
the Board of .Supervisors in accordance with the provisions of
§ 15.2-5113 of the Act.
(c) The initial members of the CDA board shall be as
set forth in the articles of incorporation for the terms set
forth herein.
(d) Each CDA board member shall receive such
compensation for his or her services as a CDA board member as
may be authorized from time to time by resolution of the CDA
board, provided that no member shall receive compensation in
excess of $300 per meeting attended unless authorized by
resolution of the Board.
Section 9-256. Plan of Finance; Issuance of Bonds.
(a) The infrastructure improvements, facilities,
services and operations to be undertaken by the CDA as
described herein and in the petition shall be funded from all
or some of the following sources: (i) bonds to be issued by
the CDA; (ii) special assessments to be levied pursuant to §
15.2-5158(A)(5) of the Act, (iii) contributions made by the
County of certain incremental tax revenues generated within
the CDA district as more particularly described in the
petition and as shall be more specifically identified in a
memorandum of understanding to be entered into by the CDA,
the county, the petitioners and the initial developer or
developers, as the case may be, of the project and (iv) any
other source of funding available to the CDA including rates,
fees and charges to be levied by the CDA for the services and
facilities provided or funded by the CDA and any other
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appropriations, grants, contributions or financial assistance
that the CDA receives from other governmental entities.
(b) The CDA shall engage a professional administrator
to prepare, with the assistance of the county, an assessment
roll for all parcels of land within the CDA district. Such
administrator will annually prepare a report which details
the amount of the special assessment owed by the owner of
each parcel of land within the CDA district.
(c) The bonds to be issued by the CDA will not exceed a
maximum aggregate amount of $17,250,000, and will have a
final maturity not later than December 31, 2039. The bonds
shall be issued as soon as can practically be achieved and
the proceeds from the sale of bonds will be used to pay the
costs, all or a portion as funds will allow, of the
infrastructure improvements, facilities and services as
described herein and in the petition, the costs of issuing
the bonds, any required reserves and the interest on the
bonds for a period of up to thirty (30) months after the
issuance of the bonds.
(d) Any bonds issued by the CDA or any other financing
arrangements entered into by the CDA will be debt of the CDA,
will not be a debt or other obligation of the county and will
not constitute a pledge of the faith and credit of the
county.
Section 9-257. Recordation of Ordinance. In accordance
with §15.2-5157 of the Act, the board hereby directs the
clerk of the circuit court of the county to record a copy of
this Ordinance in its land records for each tax map parcel
included in the CDA district and to note the existence of the
CDA district on the land records of the county.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.5. CHIPPENHAM PLACE COMMUNITY DEVELOPMENT AUTHORITY
BOARD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
simultaneously nominated/appointed Mr. Sam Kaufman, Mr. Chris
Zitzow, Mr. Quenton Lee, Mr. Jay Lafler, and Mr. John
Pettengill to serve on the Chippenham Place Community
Development Authority, whose terms are effective immediately
and will expire June 30, 2012.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
18.F. TO CONSIDER PROPOSED ADJUSTMENTS TO PLANNING
DEPARTMENT FEES
Mr. Warren suggested deferring the public hearing on the
Planning Department fees.
Mr. Gecker agreed with deferring the public hearing but
stated he did not want the deferral to hold up the Planning
Department on hiring for their vacant positions.
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Mr. Warren called for public comment.
Mr. Warren closed the public hearing.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
deferred consideration of the proposed adjustments to the
Planning Department fees to July 30, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Ms. Jaeckle suggested placing this item early on the agenda.
Mr. Gecker stated a discussion was held in the Budget and
Audit Committee regarding alternative funding sources for the
Planning Department, indicating that is the reason he agrees
with the deferral.
18.G. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
FIFTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS
ELFINWOOD ROAD WITHIN LAKEWOOD FARMS SUBDIVISION
~.
Mr. Stith stated this date and time had been advertised for
the Board to consider an ordinance to vacate a portion of a
50-foot unimproved county right of way known as Elfinwood
Road within Lakewood Farms Subdivision.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to MUDDAPPA RANGAPPA
and BYAMMA RANGAPPA, (husband and wife), and ROBERT
B. BOWLES, JR. and SHELBY J. BOWLES, ("GRANTEE"), a
portion of a 50' unimproved county right of way
known as Elfinwood Road within Lakewood Farms
Subdivision, BERMUDA Magisterial District,
Chesterfield County, Virginia, as shown on a plat
thereof duly recorded in the Clerk' s Office of the
Circuit Court of Chesterfield County in Plat Book
37, at Page 64.
WHEREAS, MUDDAPPA RANGAPPA, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of a 50' unimproved county right of way known as
Elfinwood Road within Lakewood Farms Subdivision, BERMUDA
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 37, Page 64,
by VIRGINIA SURVEYS, dated MAY 15, 1980, and recorded
NOVEMBER 14, 1980. The portion of right of way petitioned to
be vacated is more fully described as follows:
A portion of a 50' unimproved county right of way
known as Elfinwood Road, Lakewood Farms Subdivision,
the location of which is more fully shown on a plat
by VIRGINIA SURVEYS, dated MAY 15, 1980, and
recorded NOVEMBER 14, 1980, attached hereto and made
a part of this Ordinance.
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WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the right of way sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid right of way be and
is hereby vacated.
GRANTEE hereby conveys unto the GRANTOR and GRANTOR
hereby reserves a 50' variable width easement, as shown on
the attached plat.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of 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 portion of right of
way hereby vacated in the abutting property owners, within
Lakewood Farms Subdivision, free and clear of any rights of
public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and MUDDAPPA
RANGAPPA and BYAMMA RANGAPPA, (husband and wife), and ROBERT
B. BOWLES, JR. and SHELBY J. BOWLES, or their successors in
title, as GRANTEE.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
18.H. TO CONSIDER AN ORDINANCE TO VACATE A SIXTEEN-FOOT
EASEMENT AND A VARIABLE WIDTH DRAINAGE EASEMENT
WITHIN NEWBYS MILL SUBDIVISION
Mr. Stith stated this date and time had been advertised for
the Board to consider an ordinance to vacate a 16-foot
easement and a variable width drainage easement within Newbys
Mill Subdivision.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to BRIAN P. HARRIS,
unmarried, JUSTIN F. KOEHLER and INSLEY H. KOEHLER,
(husband and wife), MAHMOUN KHATTAB, and BERNA A.
SEABROOK, ("GRANTEE"), a 16' easement and a
variable width drainage easement across Lots 17,
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18, 19 and 20, Newbys Mill Subdivision, DALE
Magisterial District, Chesterfield County,
Virginia, as shown on a plat thereof duly recorded
in the Clerk's Office of the Circuit Court of
Chesterfield County in Plat Book 146, at Pages 62
and 63.
WHEREAS, ROSLYN DEVELOPMENT CORPORATION, petitioned the
Board of Supervisors of Chesterfield County, Virginia to
vacate a 16' easement and a variable width drainage easement
across Lots 17, 18, 19 and 20, Newbys Mill Subdivision, DALE
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 146, Pages
62 and 63, by BALZER AND ASSOCIATES, INC., dated JUNE 1,
2004, recorded AUGUST 9, 2004. The easements petitioned to
be vacated are more fully described as follows:
A 16' easement and a variable width drainage
easement across Lots 17, 18, 19 and 20, Newbys Mill
Subdivision, the location of which is more fully
shown on a plat by BALZER AND ASSOCIATES, INC.,
dated JUNE 1, 2004, and recorded August 9, 2004,
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 easements 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 easements be and
are hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of 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 of the easements hereby vacated in the
underlying property owners of Lots 17, 18, 19, and 20, Newbys
Mill Subdivision, free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and BRIAN P.
HARRIS, unmarried, JUSTIN F. KOEHLER and INSLEY H. KOEHLER,
(husband and wife), MAHMOUN KHATTAB, and BERNA A. SEABROOK,
or their successors in title, as GRANTEE.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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18.J. TO CONSIDER THE CONVEYANCE OF RIGHTS OF WAY AND
VARIABLE WIDTH SLOPE AND DRAINAGE EASEMENTS TO THE
COMMONWEALTH OF VIRGINIA FOR THE BRANDERS BRIDGE ROAD
AND JEFFERSON DAVIS HIGHWAY IMPROVEMENT PROJECTS
Mr. Stith stated this date and time had been advertised for
the Board to consider the conveyance of rights of way and
variable width slope and drainage easements to the
Commonwealth of Virginia for the Branders Bridge Road and
Jefferson Davis Highway Improvement Projects.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved the conveyance of rights of way and variable width
slope and drainage easements to the Commonwealth of Virginia
for the Branders Bridge Road and Jefferson Davis Highway
Improvement Projects.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were none at this time.
21. ADJOURNMENT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adjourned at 1:07 a.m. until July 30, 2008 at 3:30 p.m.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
uti
ames .L. St maier Arthur S. Warren
County Administrator Chairman
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