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2008-11-12 MinutesBOARD OF SUPERVISORS MINUTES November 12, 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 08-766 Staff in Attendance: Ms. Janice Blakley, Clerk to the Board Mr. Allan Carmody, Dir., Budget and Management Ms. Marilyn Cole, Asst. County Administrator Mr. Roy Covington, Dir., Utilities Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Will Davis, Dir., Economic Development Ms. Rebecca Dickson, Dep. County Administrator, Human Services Mr. William Dupler, Building Official Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. David Goode, Public Affairs Officer Interim Fire Chief James E. Graham, Fire Department Mr. John W. Harmon, Real Property Manager Mr. Paul Hendricks, Deputy Chief Information Officer Mr. William E. Johnson, Deputy County Admin., Management Services Mr. Rob Key, Director, General Services Ms. Kathryn Kitchen, Asst. Supt. of Schools for Business and Finance Ms. Debbie Leidheiser, Senior Advocate, Ms. Mary Lou Lyle, Dir., Accounting Mr. Mike Mabe, Director, Libraries Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Steven L. Micas, County Attorney Fire Chief Edward "Loy" Senter, Jr. Mr. M. D. Stith, Jr., Deputy County Admin., Community Development 11/12/08 Mr. Kirk Turner, Dir., Planning Mr. Scott Zaremba, Asst. Dir., Human Resource Mgmt. Mr. Warren called the regularly scheduled meeting to order at 3:05 p.m. Mr. warren stated former Midlothian Supervisor Mr. Don Sowder's wife, Beverly, passed away. He expressed sympathy and sent prayers to the Sowder family. 1. APPROVAL OF MINUTES FOR OCTOBER 22, 2008 On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the minutes of October 22, 2008, as submitted. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. INTRODUCTION OF NEW FIRE CHIEF Mr. Stegmaier introduced Mr. Edward Loy Senter, Jr., as Chesterfield County's new Fire Chief. He stated Mr. Senter will be joining Chesterfield County from Norfolk, where he was employed for over 26 years. He further stated Mr. Senter will bring a wealth of knowledge to the Fire Department. Mr. Senter expressed appreciation to the Board for the opportunity to work in a great community. 2.B. RECOGNITION OF THE VIRGINIA ECONOMIC DEVELOPERS ASSOCIATION'S 2008 CARDINAL AWARD RECIPIENT Mr. Stegmaier recognized Mr. Will Davis for receiving the Virginia Economic Developers Association's 2008 Cardinal Award. Mr. Warren expressed appreciation to Mr. Davis for his hard work and dedication to Chesterfield County. Mr. Davis expressed appreciation for the recognition. 2.C. RECOGNITION OF SENIOR VOLUNTEER HALL OF FAME INDUCTEES Ms. Leidheiser introduced Mr. Eldridge W. Brock, Mr. Gerald Sakats and Mrs. Iris Sakats, the 2008 inductees into the Senior Volunteer Hall of Fame. She provided details relative to the number of volunteer hours each of the inductees have provided. Mr. Stegmaier expressed appreciation to Mr. Brock and Mr. and Mrs. Sakats for their outstanding voluntarism and congratulated them on being inducted into the Senior Volunteer Hall of Fame. J J J 08-767 11/12/08 Mr. Warren expressed appreciation to the inductees for their service to Chesterfield County. The 2008 inductees in the Senior Volunteer Hall of Fame expressed appreciation to Chesterfield County for the opportunities extended to seniors in the community to help out. 2.D. RECOGNITION OF THE BUDGET AND MANAGEMENT DEPARTMENT'S RECEIPT OF THE DISTINGUISHED BUDGET AWARD Mr. Stegmaier recognized the Budget and Management Department for being awarded the Distinguished Budget Presentation Award for the biennium beginning July 1, 2008 and ending June 30, 2010. He stated the Budget and Management Department has earned this award every year since 1985. Mr. Warren congratulated Mr. Carmody and the Budget and Management Department for this outstanding achievement. Mr. Holland expressed appreciation to the Budget and Management Department for their expertise in preparation of the budget. Mr. Carmody expressed appreciation to the Board for the recognition and stated the award would not be possible without the Budget and Management Department staff. He introduced the department's staff members, who was able to be present, to the Board. Mr. Gecker stated the Budget and Management Department is the best in the business and he is looking forward to the upcoming budget season. 2.E. COUNTY ADMINISTRATOR'S REPORT Mr. Stegmaier reported that the Business Satisfaction Survey is complete and the results will soon be provided to the Board and that the Citizen Satisfaction Survey is currently being performed by the University of Virginia. He stated community meetings are being scheduled relative to the postal zip code changes. 3. BOARD MEMBER REPORTS Mr. Holland stated the new Meadowdale Library is now open. He further stated election day went very well and he expressed appreciation to Mr. Haake and the Registrar's Office for their hard work. He expressed concern relative to voting activity at Southside Baptist Church and Hening Elementary School noting the long lines at the church and some voters not receiving communication. He requested information on the total number of registered voters and the total number of voters for those two polling places. Ms. Durfee expressed appreciation to Mr. Haake for the smooth election process and to staff for volunteering on election day. Mr. Warren stated election day went well throughout the county. He expressed appreciation to Mr. Haake. 08-768 11/12/08 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Gecker, seconded by Mr. Warren, the Board moved Item 7.A., Deferred Item - Appointments to the Multi- cultural Advisory Commission to follow Item 8.C., Consent Items, to allow the Board to consider adjusting the number of appointees to the Multi-Cultural Advisory Commission prior to making the appointments. Ayes: warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 5. RESOLUTIONS There were no Resolutions scheduled at this time. 6. WORK SESSIONS There were no Work Sessions scheduled at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS On motion of Ms. Durfee, seconded by Mr. Gecker, the Board suspended its rules to allow simultaneous nomination /appointment of members to serve on various committees. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.1. RICHMOND METROPOLITAN PLANNING ORGANIZATION'S CITIZEN TRANSPORTATION ADVISORY COMMITTEE On motion of Mr. Gecker, seconded by Ms. Durfee, the Board simultaneously nominated/appointed Mr. Jonathan Jackson, to serve as an alternate member on the Richmond Area Metropolitan Planning Organization's Citizen Transportation Advisory Committee, whose term is effective November 12, 2008 and expires June 30, 2010. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.A.2. BOARD OF BUILDING CODE APPEALS On motion of Mr. Gecker, seconded by Ms. Durfee, the Board simultaneously nominated/appointed Mr. Roland F. Jordan, representing the count at-large, to serve on the Board of Building Code Appeals, whose term is effective immediately and expires on October 31, 2011. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.B. STREETLIGHT INSTALLATION COST APPROVALS On motion of Mr. Holland, seconded by Mr. Gecker, the Board approved the following streetlight installation: J J J 08-769 11/12/08 DALE DISTRICT • At the intersection of Conifer Road and Old Hopkins Road Cost to install streetlight: $1,259.83 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C. CONSENT ITEMS 8.C.1. ADOPTION OF RESOLUTIONS 8.C.l.a. RECOGNIZING MR. TREAVOR SAPP, GENERAL SERVICES DEPARTMENT, FLEET MANAGEMENT DIVISION, UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mr. Treavor Sapp retired October 1, 2008 after providing more than twenty-one years of dedicated and faithful service to Chesterfield County and Chesterfield County Public Schools; and WHEREAS, Mr. Sapp began his service July 1, 1987 as an Automotive Technician for Chesterfield County Public Schools; and WHEREAS, Mr. Sapp served as automotive technician, in the Department of General Services, Fleet Management Division for over eighteen years; and WHEREAS, Mr. Sapp has seen the county bus fleet nearly double its present size of vehicles to almost 600 buses; and WHEREAS, Mr. Sapp 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. Sapp 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. Sapp was instrumental in helping to maintain a 95 percent daily school bus availability rate. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mr. Treavor Sapp and extends appreciation for his more than twenty-one years of dedicated service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 08-770 11/12/08 8.C.l.b. RECOGNIZING LIEUTENANT COLONEL JESSE J. MAYES, FOR HIS HISTORIC ACCOMPLISHMENT AS AN AFRICAN-AMERICAN MEMBER OF THE CHESTERFIELD COUNTY BOARD OF SUPERVISORS On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the United States of America has just completed a historic election in which, for the first time, an African- American candidate has been elected to the office of President of the United States; and WHEREAS, while this is a momentous chapter in the nation's chronicles, African-American men and women have distinguished themselves throughout the history of America, including in Chesterfield County; and WHEREAS, Lieutenant Colonel Jesse J. Mayes retired from the United States Army on November 30, 1964 after serving his country with distinction for 22 years; and WHEREAS, Lieutenant Colonel Mayes has been a noteworthy Chesterfield County resident for decades; and WHEREAS, Lieutenant Colonel Mayes represented the Matoaca Magisterial District on the Chesterfield County Board of Supervisors from January 1, 1984 through December 31, 1991; and WHEREAS, Lieutenant Colonel Mayes was the first African- American elected to the Chesterfield County Board of Supervisors in nearly 100 years; and WHEREAS, Lieutenant Colonel Mayes has left his mark favorably on a great many Chesterfield County projects, including many significant improvements in the Village of Ettrick and the Matoaca Magisterial District; and WHEREAS, in Chesterfield County, Virginia, the name Jesse J. Mayes will always be one that bears pride, accomplishment and honor in the annals of the county, and WHEREAS, Lieutenant Colonel Jesse J. Mayes has served his country and Chesterfield County honorably and well. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes Lieutenant Colonel Jesse J. Mayes, U. S. Army (Retired), for his long and significant service to his country and his county, and for his historic accomplishment in being elected as the first African-American member of the Board of Supervisors, where he again served with distinction, AND, BE IT FURTHER RESOLVED 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. J J J 08-771 11/12/08 8.C.l.c. RECOGNIZING THE PROVIDENCE GOLF CLUB ON ITS OUTSTANDING ACCOMPLISHMENTS On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Chesterfield County offers its residents and visitors a locality that provides unsurpassed quality of life; and WHEREAS, in addition to the more than 40 parks and athletic facilities and 300 soccer, softball, baseball and football fields operated by Chesterfield County government, private recreational facilities offer many other outstanding recreational opportunities in the county; and WHEREAS, one of the notable recreational facilities in the county is the Providence Golf Club; and WHEREAS, the highly regarded publication, Golf Digest, has again rated golf courses for value for the money, standard of service, condition of the course, normal pace of play for 18 holes, and the overall golf experience, including courses located in Virginia; and WHEREAS, the Providence Golf Club course once again has been awarded 4 ~ stars, ranking it along with such well-known Virginia golf courses as The Cascades at The Homestead, The Golden Horseshoe, Independence Golf Course, Kingsmill Resort's River Course and Bay Creek; and WHEREAS, Providence Golf Club offers consistently good playing conditions, a challenging but fair course, and top- notch service that golfers enjoy; and WHEREAS, additional praise goes to Providence Golf Club for being commended by Golf Digest for having "the best food at the turn"; and WHEREAS, the 4 ;~-star rating brings positive awareness to golfers about Chesterfield County and serves to attract visitors and positive economic benefits to the county and the Richmond Metropolitan region; and WHEREAS, such noteworthy achievements can only be attained through outstanding leadership, and the Providence Golf Club is fortunate to have an excellent staff, including General Manager Tommy Adams and Golf Pro Bobby Green, as well as Golf Course Architect Lester George. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors hereby recognizes Providence Golf Club for its noteworthy achievement, extends congratulations on behalf of all Chesterfield County residents, and offers best wishes for continued success. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 08-772 11/12/08 8.C.l.d. RECOGNIZING MRS. DOROTHY FLORENCE HARRISON REAM SYLER ON HER ONE HUNDREDTH BIRTHDAY On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Mrs. Dorothy Florence Harrison Ream Syler was born at home in Pittsburgh, Pennsylvania on October 30, 1908; and WHEREAS, Mrs. Syler graduated from Dover High School in Dover, Ohio; and attended Virginia College and Ohio Wesleyan College; and WHEREAS, Mrs. Syler served on the Board of Education in Dover, Ohio for nine years, and was the first woman President of the Dover School Board; and WHEREAS, Mrs. Syler was named "Woman of the Year" in Dover, Ohio for her many contributions to various civic organizations; and WHEREAS, Mrs. Syler was owner and operator of The Party House, a restaurant/catering establishment in Dover, Ohio for 10 years; and WHEREAS, Mrs. Syler was the buyer of women's fashions for Schwartz's Department Store in Dover, Ohio until she retired in 1977; and and WHEREAS Mrs. Syler moved to Chesterfield County in 1994; WHEREAS, Mrs. Syler has been an active participant in the life of the Brandermill Woods Retirement Community since becoming a Chesterfield County resident; and WHEREAS, Mrs. Syler is the mother of four, grandmother of 17, great-grandmother of 32 and great-great grandmother of 2. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, on behalf of all Chesterfield County residents, recognizes the significant contributions of Mrs. Dorothy Florence Harrison Ream Syler, wishes her a happy 100th birthday, and is proud to have her as a resident of Chesterfield County. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.l.e. RECOGNIZING BATTALION CHIEF ROBERT P. AVSEC, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, Battalion Chief Robert P. Avsec retired from the Fire and Emergency Medical Services Department, Chesterfield County, on December 1, 2007; and J J J 08-773 11/12/08 WHEREAS, Battalion Chief Avsec attended Recruit School #12 in 1982 and faithfully served the county for 25 years in various assignments; as a firefighter at the Dale Fire and EMS Station; a sergeant at the Manchester Fire and EMS Station; a lieutenant at the Midlothian Fire and EMS Station; a captain in the EMS Division as the director; shift administrative officer and co-director of the Emergency Communications Center; and as a Battalion Chief of Emergency Operations and the Training and Safety Division; and ~. WHEREAS, Battalion Chief Avsec was active in making improvements in the organization, served as a charter member of the Strategic Planning Steering Committee, a member of the Career/Volunteer Integration Workgroup, the Revenue Recovery Implementation Team and the Emergency Operations Center Response Team; and project manager for the Resource Management and Emergency Response Asset program; and WHEREAS, Battalion Chief Avsec earned a Masters of Science Degree in Executive Fire Service Leadership, and is a graduate of the National Fire Academy's Executive Fire Officer Program; and WHEREAS, Battalion Chief Avsec was an adjunct instructor for Chesterfield Fire and Emergency Medical Services and for the Virginia Department of Fire Programs, served as a contract instructor at the National Fire Academy since 1992, and was instrumental in instructing the United States Secret Service in Incident Command. NOW, .THEREFORE BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Battalion Chief Robert P. Avsec, expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.3. INITIATE AN APPLICATION FOR A CONDITIONAL USE TO PERMIT A SPECIAL EVENTS BUSINESS INCIDENTAL TO A DWELLING UNIT On motion of Mr. Gecker, seconded by Mr. Holland, the Board initiated an application for a Conditional Use to permit a business (Special Events) incidental to a dwelling unit on a 22.6-acre parcel identified as Tax ID 711-688-7172 and appointed Kirk Turner, Director of Planning, as the Board's agent. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.4. AMENDMENT TO OCTOBER 8, 2008 BOARD MINUTES On motion of Mr. Gecker, seconded by Mr. Holland, the Board amended the minutes of October 8, 2008 to reflect a change in the ending term of an appointment to the John Tyler Community College Local Board, as requested by John Tyler for consistency with their board appointments, as follows: FROM: "On motion of Mr. Warren, seconded b simultaneously nominated/appointed Mr on the John Tyler Community College 08-774 y Mr. Holland, the Board . Brad Hammer, to serve Local Board, whose term 11/12/08 is effective October 8, 2008 and will expire October 12, 2012. Ayes: Warren, Gecker, Jaeckle, and Holland. Nays: None. Abstain: Durfee." TO: "On motion of Mr. Warren, seconded by Mr. Holland, the Board simultaneously nominated/appointed Mr. Brad Hammer, to serve on the John Tyler Community College Local Board, whose term is effective October 8, 2008 and will expire June 30, 2012. Ayes: Warren, Gecker, Jaeckle, and Holland. Nays: None. Abstain: Durfee." Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.7. STATE ROAD ACCEPTANCE On motion of Mr. Gecker, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this. Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and •the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Bayhill Pointe Section 17 Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia §33.1-229 Street Name and/or Route • Bailey Oak Drive, State Route Number 5953 From: 0.03 miles south of Bailey Oak Ct., (Rt. 5954) To: Bailey Oak P1., (Rt. 7302), a distance of: 0.05 miles. Recordation Reference: Pb. 170, Pg. 19 Right of Way width (feet) = 44 • Bailey Oak Place, State Route Number 7302 From: Bailey Oak Dr., (Rt. 5953) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 170, Pg. 19 Right of Way width (feet) = 40 J J 08-775 11/12/08 • Bailey Oak Drive, State Route Number 5953 From: Bailey Oak P1., (Rt. 7302) To: Cul-de-sac, a distance of: 0.06 miles. Recordation Reference: Pb. 170, Pg. 19 Right of way width (feet) = 44 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Bayhill Pointe Section 18 Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia §33.1-229 Street Name and/or Route • Penny Bridge Drive, State Route Number 5115 From: 0.02 miles east of Buffalo Springs Dr., (Rt. 5901) To: Penny Bridge Mews, (Rt. 7300), a distance of: 0.07 miles. Recordation Reference: Pb. 170, Pg. 22 Right of Way width (feet) = 50 • Penny Bridge Mews, State Route Number 7300 From: Penny Bridge Dr., (Rt. 5115) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 170, Pg. 22 Right of Way width (feet) = 40 • Penny Bridge Court, State Route Number 7301 From: Penny Bridge Dr., (Rt. 5115) To: Cul-de-sac, a distance of: 0.10 miles. Recordation Reference: Pb. 170, Pg. 22 Right of Way width (feet) = 40 • Penny Bridge Drive, State Route Number 5115 From: Penny Bridge Mews, (Rt. 7300) To: 0.06 miles east of Penny Bridge Mews, (Rt. 7300), a distance of: 0.06 miles. Recordation Reference: Pb. 170, Pg. 22 Right of Way width (feet) = 40 And, further, the Board adopted the following resolution: 08-776 11/12/08 WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of .Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: The Woods at Summerford Section D Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia 533.1-229 Street Name and/or Route • Prince James Drive, State Route Number 5833 From: 0.03 miles east of Prince James Tr., (Rt. 5836) To: Prince James Tn., (Rt. 7303), a distance of: 0.03 miles. Recordation Reference: Pb. 160, Pg. 1 Right of Way width (feet) = 50 • Prince James Turn, State Route Number 7303 From: Prince James Dr., (Rt. 5833) To: Cul-de-sac, a distance of: 0.05 miles. Recordation Reference: Pb. 160, Pg. 1 Right of Way width (feet) = 40 • Prince James Drive, State Route Number 5833 From: Prince James Tn., (Rt. 7303) To: Prince James Mews, (Rt. 7304), a distance of: 0.04 miles. Recordation Reference: Pb. 160, Pg. 1 Right of Way width (feet) = 50 • Prince James Mews, State Route Number 7304 From: Prince James Dr., (Rt. 5833) To: Cul-de-sac, a distance of: 0.04 miles. Recordation Reference: Pb. 160, Pg. 1 Right of Way width (feet) = 40 • Prince James Drive, State Route Number 5833 From: Prince James Mw., (Rt. 7304) To: Lady Anne Ln., (Rt. 7305), a distance of: 0.11 miles. Recordation Reference: Pb. 160, Pg. 1 Right of Way width (feet) = 50 • Prince James Drive, State Route Number 5833 From: Lady Anne Ln., (Rt. 7305) To: Cul-de-sac, a distance of: 0.09 miles. Recordation Reference: Pb. 160, Pg. 1 Right of Way width (feet) = 50 J J J 08-777 11/12/08 • Lady Anne Lane, State Route Number 7305 From: Orchid Dr., (Rt. 5837) To: Prince James Dr., (Rt. 5833), a distance of: 0.08 miles. Recordation Reference: Pb. 160, Pg. 1 Right of Way width (feet) = 50 • Lady Anne Lane, State Route Number 7305 From: Prince James Dr., (Rt. 5833) To: Temp EOM, a distance of: 0.01 miles. Recordation Reference: Pb. 160, Pg. 1 Right of Way width (feet) = 50 ~. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit- Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: The Woods at Summerford Section E Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia §33.1-229 Street Name and/or Route • Lady Anne Lane, State Route Number 7305 From: 0.01 miles east of Prince James Dr., (Rt. 5833) To: Sir Britton Dr., (Rt. 7313), a distance of: 0.05 miles. Recordation Reference: Pb. 166, Pg. 52 Right of way width (feet) = 50 • Sir Britton Drive, State Route Number 7313 From: Lady Anne Ln., (Rt. 7305) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 166, Pg. 52 Right of way width (feet) = 40 • Sir Britton Drive, State Route Number 7313 From: Lady Anne Ln., (Rt. 7305) To: Sir Britton Ct., (Rt. 7314), a distance of: 0.11 miles. Recordation Reference: Pb. 166, Pg. 52 Right of way width (feet) = 50 • Sir Britton Court, State Route Number 7314 From: Sir Britton Dr., (Rt. 7313) To: Cul-de-sac, a distance of: 0.10 miles. Recordation Reference: Pb. 166, Pg. 52 08-778 11/12/08 Right of way width (feet) = 40 • Sir Britton Drive, State Route Number 7313 From: Sir Britton Ct., (Rt. 7314) To: Sir Britton Mews, (Rt. 7315), a distance of: 0.14 miles. Recordation Reference: Pb. 166, Pg. 52 Right of Way width (feet) = 40 • Sir Britton Mews, State Route Number 7315 From: Sir Britton Dr., (Rt. 7313) To: Cul-de-sac, a distance of: 0.02 miles. Recordation Reference: Pb. 166, Pg. 52 Right of way width (feet) = 40 • Sir Britton Drive, State Route Number 7313 From: Sir Britton Mews, (Rt. 7315) To: Cul-de-sac, a distance of: 0.03 miles. Recordation Reference: Pb. 166, Pg. 52 Right of Way width (feet) = 40 And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to Section 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project: Winterfield Station Section 2 Type Change to the Secondary System of State Addition Reason for Change: New subdivision street Pursuant to Code of Virginia §33.1-229 Street Name and/or Route • Rigney Drive, State Route Number 7269 From: 0.06 miles east of West Winterfield Rd., (Rt. 7268) To: Cul-de-sac, a distance of: 0.10 miles. Recordation Reference: Pb. 175, Pg. 16 Right of Way width (feet) = 40 Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J 08-779 11/12/08 8.C.8. INCREASE THE MEMBERSHIP OF THE MULTI-CULTURAL ADVISORY COMMISSION FROM ELEVEN TO TWELVE MEMBERS On motion of Mr. Gecker, seconded by Mr. Holland, the Board increased the number of members of the Multi-Cultural Advisory Commission from eleven to twelve members. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.9. REQUEST FOR PERMISSION FROM BRUCE X. HOANG FOR PROPOSED LANDSCAPING TO ENCROACH WITHIN A SIXTEEN- FOOT DRAINAGE EASEMENT ACROSS LOT 28, BERKLEY VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved a request from Bruce X. Hoang for permission for proposed landscaping to encroach within a 16-foot drainage easement across Lot 28, Berkley 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.C.10. AWARD OF CONSTRUCTION CONTRACT FOR GROUNDWATER TREATMENT AND SOILS HANDLING FACILITIES AT FALLING CREEK WASTE WATER TREATMENT PLANT On motion of Mr. Gecker, seconded by Mr. Holland, the Board awarded a construction contract for groundwater treatment and soils handling facilities at Falling Creek Waste Water Treatment Plant to Vista Environmental, Incorporated in the amount of $600,758.00, and authorized the County Administrator to execute the necessary documents. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.12. CONVEYANCE OF AN EASEMENT TO VERIZON VIRGINIA INCORPORATED FOR UNDERGROUND CABLE ACROSS COUNTY PROPERTY FOR THE U.S. ROUTE 1 AND 301 TURNLANE IMPROVEMENT PROJECT 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 Verizon Virginia Incorporated for underground cable across county property for the U.S. Route 1 and 301 Turnlane Improvement Project. (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. 08-780 11/12/08 8.C.13. ACCEPTANCE OF PARCELS OF LAND 8.C.13.a. ALONG MIDLOTHIAN TURNPIKE FROM DANIEL S. WATKINS On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.030 acres along Midlothian Turnpike from Daniel S. Watkins, 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.C.13.b. ALONG MIDLOTHIAN TURNPIKE FROM WATKINS LAND, LLC On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.023 acres along Midlothian Turnpike from Watkins Land, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.13.c. FOR WATKINS CENTRE PARKWAY FROM GRAY LAND AND DEVELOPMENT COMPANY, LLC On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of four parcels of land containing a total of 2.559 acres along Route 288 and Watkins Centre Parkway from Gray Land and Development Company, LLC, and authorized the County Administrator to execute the deed. (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.C.13.d. FOR PORT WALTHALL COURT FROM ROSLYN FARM CORPORATION On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of a parcel of land containing 0.140 acres for Port Walthall Court from Roslyn Farm 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.C.13.e. ALONG CHALKLEY ROAD AND IRON BRIDGE ROAD FROM RICHARD M. ALLEN REVOCABLE LIVING TRUST On motion of Mr. Gecker, seconded by Mr. Holland, the Board accepted the conveyance of two parcels of land containing a J J J 08-781 11/12/08 total of 0.438 acres along Chalkley Road and Iron Bridge Road from Richard M. Allen Revocable Living Trust 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.C.14. SET DATES FOR PUBLIC HEARINGS TO CONSIDER TAX EXEMPTION REQUESTS 8.C.14.a. FROM THE EPPINGTON FOUNDATION On motion of Mr. Gecker, seconded by Mr. Holland, the Board set December 17, 2008, at 6:30 p.m. for a public hearing for the Board to consider the real estate tax exemption request of The Eppington Foundation. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.14.b. FROM SENIOR LIVING CHOICES, INCORPORATED On motion of Mr. Gecker, seconded by Mr. Holland, the Board set December 17, 2008, at 6:30 p.m. for a public hearing for the Board to consider the real estate tax exemption request of Senior Living Choices, Incorporated. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.14.c. FROM SUBSTANCE ABUSE FREE ENVIRONMENT, INCORPORATED On motion of Mr. Gecker, seconded by Mr. Holland, the Board set December 17, 2008, at 6:30 p.m. for a public hearing for the Board to consider the personal property tax exemption request of Substance Abuse Free Environment, Incorporated. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.14.d. FROM OLD DOMINION EMERGENCY MEDICAL SERVICES ~T.T.T~N('F. On motion of Mr. Gecker, seconded by Mr. Holland, the Board set December 17, 2008, at 6:30 p.m. for a public hearing for the Board to consider the personal property tax exemption request of Old Dominion Emergency Medical Services Alliance. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. The following items were removed from the Consent Agenda for Board discussion: 08-782 11/12/08 8.C.2. APPROVAL OF REVISIONS TO SCHOOL BOARD FY2009 GRANT FUND APPROPRIATIONS In response to Ms. Jaeckle's question, Ms. Kitchen stated the grant is a free standing grant and no full-time positions would be affected. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board approved an increase to the construction appropriation category in the School Board's Grant Fund by $883,933 consistent with the resolution adopted by the School Board. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.5. REQUEST TO DEPARTMENT OF CORRECTIONS TO HOLD PUBLIC HEARING ON PROPOSED LEASE OF PROPERTY IN THE BERMUDA DISTRICT FOR A PROBATION AND PAROLE OFFICE In response to Ms. Jaeckle's questions, Ms. Dickson stated the state will set a public hearing and advertise the public hearing to adjacent neighbors. She further stated the state does request citizens to notify them if they want to speak to the issue at the public hearing. She stated the county can look into advertising the public hearing in the Village News. On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board formally requested the State Department of Corrections to hold a public hearing on a proposed lease of property located at 12200 Branders Creek Drive in the Bermuda District for a state probation and parole office. Ayes: warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.6. CONSIDERATION OF PROPOSAL FROM METROPOLITAN RICHMOND SPORTS BACKERS TO CREATE A CHESTERFIELD COUNTY SPORTS TOURISM AND SPORTS RELATED SPECIAL EVENTS DEVELOPMENT PLAN Mr. Gecker expressed appreciation to staff for their hard work on this item. Mr. Warren introduced Mr. Jon Lugbill, Executive Director of Richmond Sports Backers, and expressed appreciation for his willingness to work with Chesterfield County. Mr. Jon Lugbill stated he is excited about the opportunity to work with Chesterfield County. On motion of Mr. Gecker, seconded by Mr. Holland, the Board approved the Proposal from the Metropolitan Richmond Sports Backers to create a Chesterfield County Sports Tourism .and Sports Related Special Events Development Plan, and authorized the County Administrator to execute the final Agreement. J J 08-783 11/12/08 And, further, the Board appropriated $50,000 from lodging taxes that are reimbursed by the Greater Richmond Convention Center Authority. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 8.C.11. APPROVAL OF AN ADDENDUM TO THE SALES CONTRACT FOR THE ACQUISITION OF A PARCEL OF LAND ON THE APPOMATTOX RIVER Mr. Gecker expressed concerns relative to the sales contract and stated he would like to defer this item to November 19, 2008. On motion of Mr. Gecker, seconded by Mr. Holland, the Board deferred approval of an addendum to the sales contract for the acquisition of a parcel of land containing 80 acres, more or less, from John J. Radcliffe and Peggy B. Radcliffe and James Ownley and Hope B. Ownley to November 19, 2008. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 7. DEFERRED ITEMS 7.A. APPOINTMENTS TO THE MULTI-CULTURAL ADVISORY COMMISSION On motion of Mr. Holland, seconded by Mr. Warren, the Board suspended its rules to allow simultaneous nomination/ appointment of members to serve on the Multi-Cultural Commission. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Jaeckle stated she wanted to ensure the Commission would work on illegal immigration and she now feels the representation on the Commission will work towards that goal. Mr. Holland stated he is pleased the county has put this group together. He further stated Mr. Stith has done an excellent job pulling together the group and resources. He stated he would like to receive a report of the Commission to keep the Board apprised of the Commission's actions. On motion of Mr. Gecker, seconded by Ms. Durfee, the Board simultaneously nominated/appointed Mr. Lee Brazzell, Ms. Marilyn Breslow, Mr. Jim Daniels, Dr. Judy P. Flythe, Ms. Tanya M. Gonzalez, Ms. Oneida Ireland, Mr. Rumy Mohta, Mr. Scott Rogers, Mr. Juan Santacoloma, Dr. Muhammad Sahli, Mr. Immanuel R. Sutherland, and Ms. Elizabeth Wood to serve on the Multi-Cultural Advisory Commission, whose terms are effective December 1, 2008 and will expire on November 30, 2009. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 08-784 11/12/08 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 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. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Dick Page addressed the Board relating to the development of the Central Virginia Transportation Authority and requested the Board not join the Authority. Mr. George Beadles addressed the Board relating to the improvements in the Public Meeting Room and recommended more improvements be made. 11. DINNER WITH MEMBERS OF THE LEGISLATIVE DELEGATION On motion of Mr. Holland, seconded by Ms. Durfee, the Board recessed to the Lane B. Ramsey Administration Building, Room 502, for dinner with members of the county's Legislative Delegation. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. RECONVENING: Mr. Warren welcomed members of the legislative delegation and thanked them for meeting with the Board. Mr. Stegmaier presented information relating to the county's budget forecast. He stated the county is AAA rated and in a better position than other localities around the state to deal with the economic challenges. Mr. Carmody presented information relative to the county's budget to include labor market conditions, housing market update, unemployment rates, and the state's budget impact on the county. Discussion ensued relative to the housing market in the county. Ms. Curtin presented information to the legislative delegation on the county's legislative initiatives for 2009 J J J 08-785 11/12/08 to include protecting local revenues, opposing additional unfunded state mandates and state cost shifting to localities, protecting cash proffer and road impact fee authority and land use and zoning authority, seeking opportunities for additional transportation funding and supporting a ban on novelty lighters. Discussion ensued relative to the Circuit Court Clerk charter change and the effects of the change on the Clerk's budget, and to proposed transportation regulation changes in the General Assembly. Mr. Warren thanked the members of the legislative delegation for participating in the discussion of the county's budget concerns. It was generally agreed to recess to the Public Meeting Room to continue the regularly scheduled meeting. 12. INVOCATION Reverend Cynthia Corley, Trinity United Methodist Church, gave the invocation. The Trinity United Methodist Church Choir performed the National Anthem. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Stacy Stevenson led the Pledge of Allegiance to the Flag of the United States of America. 14. RESOLUTIONS 14.A. RECOGNIZING MS. SHANNON STITH ON HER SELECTION AS A PARTICIPANT IN THE 2008 MACY'S GREAT AMERICAN MARCHING BAND Mr. David Goode introduced Ms. Shannon Stith, who was present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Gecker, the Board adopted the following resolution: WHEREAS, Ms. Shannon Stith is a junior at Clover Hill High School; and WHEREAS, Ms. Stith also is the drum major for the Marching Cavaliers of Clover Hill High School; and WHEREAS, Ms. Stith has been selected as a member of the 2008 Macy's Great American Marching Band; and WHEREAS, as a member of the Great American Marching Band, Shannon will join student musicians from across America; and 08-786 11/12/08 WHEREAS, the Great American Marching Band will perform at the 82nd annual Macy's Thanksgiving Day Parade in New York City; and WHEREAS, Ms. Stith will represent Virginia and play her alto saxophone in the parade; and WHEREAS, approximately two and a half million spectators will line the parade route, and 50 million viewers will watch the event on television; and WHEREAS, being selected to participate in the Great American Marching Band is an honor for Shannon, for Clover Hill High School and for Chesterfield County; and WHEREAS, it is appropriate to recognize Ms. Stith for her musical achievements and selection for this prestigious honor. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of November 2008, publicly expresses congratulations and best wishes to Ms. Shannon Stith, and on behalf of all Chesterfield County residents, wishes her a fun and exciting time as she participates in the Great American Marching Band's performance in the 82nd annual Macy's Thanksgiving Day Parade. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Ms. Stith 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. Warren presented the executed resolution to Ms. Stith, congratulated her on her accomplishments and wished her well during her performance at the 82nd annual Macy's Thanksgiving Day Parade. Ms. Stith introduced her parents and band director and expressed appreciation for the recognition. 14.B. RECOGNIZING MR. STAGY STEVENSON, TROOP 806, UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Goode introduced Mr. Stacy Stevenson, who was present to receive the resolution. On motion of Ms. Durfee, seconded by Mr. Holland, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and J J 08-787 11/12/08 WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active. in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Stacy Ascoli Stevenson, Troop 806, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Stacy has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 12th day of November 2008, publicly recognizes Mr. Stacy Ascoli Stevenson, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the county to have such an outstanding young man as one of its citizens. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. Ms. Durfee presented the executed resolution and badge to Mr. Stevenson, accompanied by members of his family, congratulated him on his achievements and wished him well in future endeavors. Mr. Stevenson provided details of his Eagle Scout project and expressed gratitude to his parents for their support. Mr. Jim Stevenson stated he very proud of his son for this accomplishment. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Brenda Stewart addressed the Board relative to the Schools' budget and urged the Board to require more accountability in the school system. Ms. Judy Stoneman addressed the Board relative to the Schools' budget and the necessity to reduce the spending in the school system. Mr. Holland expressed appreciation for the comments and stated the Board has an efficiency and cost savings task force in place which will be looking at all aspects of the county and school system to find ways to save money. 08-788 11/12/08 16. PUBLIC HEARINGS 16.A. TO CONSIDER AMENDING COUNTY CODE SECTION 15-196 RELATING TO RATES FOR TAXI SERVICES Mr. Micas stated the public hearing to consider amending the County Code Section 15-196 relating to rates for taxi services needs to be deferred due to the advertisement of incorrect information. He further stated the rates would not go into effect unless all localities involved adopted the changes. Mr. Warren called for public comment. Mr. Tom Powers, Taxicab Association Representative, agreed with the deferral. There being no one else to address the deferral, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Holland, the Board deferred the public hearing to consider amending County Code Section 15-196 relating to rates for taxi services to December 17, 2008. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 16.B. TO CONSIDER THE ABANDONMENT OF A PORTION OF NORTH ENON CHURCH ROAD, STATE ROUTE 746, INCLUDING ANY REMNANT PUBLIC ROAD CORRIDOR EXTENDING BEYOND THE END OF STATE ROUTE 746 TO AND INCLUDING THE LANDING ON THE JAMES RIVER THAT PREVIOUSLY SERVED WOODSON FERRY Mr. Stith stated this date and time had been advertised for the Board to consider the abandonment of a portion of North Enon Church Road, State Route 746, including any remnant public road corridor extending beyond the end of State Route 746 to and including the landing on the James River that previously served Woodson Ferry. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Ms. Jaeckle, seconded by adopted the following resolution to North Enon Church Road, State 746, public road corridor extending beyond 746 to and including the landing on previously served Woodson Ferry: Ms. Durfee, the Board abandon a portion of including any remnant the end of State Route the James River that WHEREAS, a sketch has been prepared for the Board of Supervisors of Chesterfield County depicting a portion of N. Enon Church Road, State Route 746, to be abandoned from the secondary system of state highways, including any public road corridor extending beyond the end of State Route 746 .to and including the landing on the James River that previously served Woodson Ferry; and 08-789 11/12/08 J J WHEREAS, pursuant to a resolution of this Board, dated October 8, 2008, the required notices of the County's intention to abandon a portion of N. Enon Church Road, State Route 746, including any remnant public road corridor extending beyond the end of State Route 746 to and including the landing on the James River that previously served Woodson Ferry, have been given in that: on October 10, 2008, a notice was posted in at least three places along N. Enon Church Road, State Route 746 and beyond the end of State Route 746, including the landing on the James River that previously served Woodson Ferry; and on October 29, 2008, and November 5, 2008, a notice was published in the Chesterfield Observer having general circulation within the County announcing this Public Hearing to receive comments concerning the proposed abandonment; and on October 17, 2008, notice was sent to the Commonwealth Transportation Commissioner and the Virginia Department of Game and Inland Fisheries; and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of a portion of N. Enon Church Road, State Route 746, north of Proposed Anchor Landing Drive, 0.32 miles north of Meadowville Road, State Route 618, to the present end of state maintenance a distance of 0.13 miles, since it serves no public necessity and is no longer necessary as a part of the secondary systems of State Highways; and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for any remnant public road corridor extending beyond the end of State Route 746 to and including the landing on the James River that previously served Woodson Ferry. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby abandons the above described section of N. Enon Church Road, State Route 746, and removes it from the secondary system of state highways, pursuant to Section 33.1-151, Code of Virginia, 1950, as amended; and, AND, BE IT FURTHER RESOLVED, that the Chesterfield County Board of Supervisors hereby abandons any remnant public road corridor extending beyond the end of State Route 746 to and including the landing on the James River that previously served Woodson Ferry, pursuant to Section 33.1- 151, et seq., Code of Virginia, 1950, as amended. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Chesterfield Residency Administrator for the Virginia Department of Transportation and the Virginia Department of Game and Inland Fisheries. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 16.C. TO CONSIDER THE ABANDONMENT OF A PORTION OF RIDGEDALE PARKWAY, STATE ROUTE 3259 Mr. Stith stated this date and time had been advertised for the Board to consider the abandonment of a portion of Ridgedale Parkway, State Route 3259. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. 08-790 11/12/08 On motion of Mr. Holland, seconded by Ms. Durfee, the Board adopted the following resolution to abandon a portion of Ridgedale Parkway, State Route 3259: WHEREAS, a sketch has been prepared for the Board of Supervisors of Chesterfield County depicting a portion of Ridgedale Parkway, State Route 3259, to be abandoned from the secondary system of state highways; and WHEREAS, pursuant to a resolution of this Board, dated October 8, 2008, the required notices of the County's intention to abandon a portion of Ridgedale Parkway, State Route 3259, from a location approximately 0.58 miles north of State Route 9770 to its current end, have been given in that: on October 10, 2008, a notice was posted in at least three places along Ridgedale Parkway, State Route 3259; and on October 29, 2008, and November 5, 2008, a notice was published in the Chesterfield Observer having general circulation within the County announcing this Public Hearing to receive comments concerning the proposed abandonment; and on October 17, 2008, notice was sent to the Commonwealth Transportation Commissioner; and WHEREAS, after considering all evidence available, this Board is satisfied that no public necessity exists for the continuance of the section of Ridgedale Parkway, State Route 3259, a distance of 0.09 miles, since it serves no public necessity and is no longer necessary as a part of the secondary systems of State Highways. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby abandons the above described section of Ridgedale Parkway, State Route 3259, and removes it from the secondary system of state highways, pursuant to Section 33.1-151, Code of Virginia, 1950, as amended. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Chesterfield Residency Administrator for the Virginia Department of Transportation. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby request that the Commonwealth Transportation Commissioner certify, in writing, that the portion of Ridgedale Parkway hereby abandoned is no longer deemed necessary for uses of the secondary system of State highways pursuant to Section 33.1-154 of the Code of Virginia, 1950, as amended. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 16.D. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 22, WESTERLEIGH, SECTION 1 Mr. Stith stated this date and time had been advertised for the Board to consider an ordinance to vacate a portion of a 16-foot drainage easement across Lot 22, Westerleigh, Section 1. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. J J 08-791 11/12/08 On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to W. V. MCCLURE, INC., t/a MAIN STREET HOMES, a Virginia corporation, ("GRANTEE"), a portion of a 16' drainage easement across Lot 22, Westerleigh, Section 1, MATOACA 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 179, at Page 98. WHEREAS, MAIN STREET HOMES, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 16' drainage easement across Lot 22, Westerleigh, Section 1, MATOACA Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 179, Page 98, by JOSEPH COX & ASSOCIATES, INC., dated FEBRUARY 22, 2007, revised MAY 4, 2007, recorded JULY 11, 2007. The portion of easement petitioned to be vacated is more fully described as follows: A portion of a 16' drainage easement, across Lot 22, Westerleigh, Section 1, the location of which is more fully shown on a plat made by JOSEPH, COX & ASSOCIATES, INC., dated AUGUST 11, 2008, a copy of which is attached hereto and made a part of this Ordinance. advertising; and WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by WHEREAS, no public necessity exists for the continuance of the portion of easement sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of easement be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office 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 2274 is to destroy the portion of the fee simple title of the property owner clear of any rights this Ordinance pursuant to Section 15.2- the force and effect of the recording of plat vacated. This Ordinance shall vest the portion of easement hereby vacated in cf Lot 22, Westerleigh, Section 1 free and of public use. 08-792 11/12/08 Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and W. V. MCCLURE, INC., t/a MAIN STREET HOMES, or their successors in title, as GRANTEE. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 16.E. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A FORTY-FOOT UNIMPROVED RIGHT OF WAY KNOWN AS SNEAD STREET WITHIN PLAN OF CHESTER SUBDIVISION Mr. Stith stated this date and time had been advertised for the Board to consider an ordinance to vacate a portion of a 40-foot unimproved right of way known as Snead Street within Plan of Chester Subdivision. Mr. Warren called for public comment. There being no one to address the request, the public hearing was closed. On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to MARCUS D. CUMMINGS and BRENDA G. CUMMINGS, (husband and wife) and EMILY A. GIBBON, ("GRANTEES"), a portion of a 40' unimproved county right of way known as Snead Street, within Plan of Chester 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 Deed Book 41, at Page 693. WHEREAS, MARCUS D. CUMMINGS and BRENDA G. CUMMINS and EMILY A. GIBSON, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 40' unimproved county right of way known as Snead Street within Plan of Chester 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 Deed Book 41, Page 693, by J. E. LAPRADE, dated 1854. The right of way petitioned to be vacated is more fully described as follows: A portion of a 40' unimproved county right of way known as Snead Street within Plan of Chester Subdivision, the location of which is more fully shown on a sketch made by CHESTERFIELD COUNTY UTILITIES DEPARTMENT, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and WHEREAS, no public necessity exists for the continuance of the portion of right of way sought to be vacated. J J J 08-793 11/12/08 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of right of way be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Vir inia, 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 Plan of Chester 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 MARCUS D. CUMMINGS and BRENDA G. CUMMINGS, husband and wife, and EMILY A. GIBBON, or their successors in title, as GRANTEE. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 16.F. TO CONSIDER THE QUITCLAIM OF EXCESS RIGHT OF WAY ADJACENT TO PORT WALTHALL COURT, A PORTION OF A TWENTY-FOOT STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE ACCESS EASEMENT AND A SIXTY-FOOT TEMPORARY TURNAROUND EASEMENT Mr. Stith stated this date and time had been advertised for the Board to consider the quitclaim of excess right of way adjacent to Port Walthall Court, a portion of a 20-foot storm water management system/best management practice access easement and a 60-foot temporary turnaround easement. On motion of Ms. Durfee, seconded by Ms. Jaeckle, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate excess right of way adjacent to Port Walthall Court, a portion of a 20-foot service access easement, a portion of a 20-foot SWM/BMP access easement and a 60-foot temporary turnaround easement. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. 17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no speakers at this time. 08-794 11/12/08 18. ADJOURNMENT On motion Mr. Holland, seconded by Ms. Durfee, the Board adjourned at 7:21 p.m. to November 19, 2008 at 3:00 p.m. Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee. Nays: None. J J J ~,~ , mes J. tegma er Arthur S. Warren ounty Administrator Chairman 08-795 11/12/08