2009-01-28 MinutesBOARD OF SUPERVISORS
MINUTES
January 28, 2009
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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
Staff in Attendance:
Ms. Janice Blakley,
Clerk to the Board
Mr. Kevin Bruny, Dean,
Chesterfield University
Ms. Debbie Burcham, Exec.
Dir., Community Services
Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Barry Condrey, Chief
Information Officer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Colonel Thierry Dupuis,
Police Department
Mr. Robert Eanes, Asst. to
the County Administrator
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
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. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr. Mike Mabe, Director,
Libraries
Mr. John McCracken, Dir.,
Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
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Dr. William Nelson, Dir.
Health Department
Dr. Marcus Newsome, Supt.,
Chesterfield County
Schools
Mr. Jay Payne, Asst. to
Dep. County Administrator
Chief Edward Senter,
Fire Department
Ms. Sarah Snead, Dir. of
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 JANUARY 14, 2009
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved the minutes of January 14, 2009, as revised.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
INTRODUCTION OF NEW EXECUTIVE DIRECTOR OF COMMUNITY SERVICES
BOARD
Mr. Stegmaier introduced Ms. Debbie Burcham, the new
Executive Director of the Community Services Board.
Ms. Burcham stated the Chesterfield Community Services Board
is well known for its excellent level of innovation and
commitment to the consumers.
ren Lanni
Mr. Stegmaier stated the waste and Resource Recovery
Department had recently been awarded the ISO 14001
recognition for its environmental management systems. He
further stated the Utilities Department's Falling Creek
Wastewater Treatment Plant had received recognition through
the Virginia Environmental Excellence Program.
LEGISLATIVE UPDATE
Ms. Curtin presented an update to the Board of Supervisors on
the status of several bills before the General Assembly. She
stated there are a number of land use bills being worked on
in the Counties, Cities and Towns subcommittee. She further
stated the Senate and House versions of the State budget are
expected to be released on February 8.
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In response to Mr. Holland's question, Ms. Curtin .stated
there are some bills which focus on tax issues, budget
concerns and land use issues that staff is going to focus on.
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In response to Ms. Durfee's question, Ms. Curtin stated the
General Assembly is set to adjourn on February 28, and
crossover is on February 10.
In response to Mr. Gecker's question, Ms. Curtin stated the
bill related to cash proffers, proposes to eliminate cash
proffers with no revenue replacement proposed.
3. BOARD MEMBER REPORTS
There were no Board Member Reports at this time.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
deleted Item 8.B.5, Award of Contract to Shoosmith
Construction Incorporated for Construction of the Emergency
Vehicle Operations Course and Observation Tower at the Enon
Public Safety Training Center and replaced Item 15.B.,
Resolution Recognizing Mr. James Jeffrey Stallings, Upon
Attaining the Rank of Eagle Scout.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
5. RESOLUTIONS
S.A. RECOGNIZING SAFE INCORPORATED FOR RECEIPT OF THE GOT
OUTCOMES! COALITION OF THE YEAR AWARD FOR 2008
Ms. Jana Carter introduced Mr. Wayne Frith, Executive
Director of SAFE, Inc. and Ms. Cris Sheppard, Chair of the
SAFE Board of Directors, who were present to receive the
resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, inhalant abuse is breathing the concentrated
fumes of legal, common products to get high; and
WHEREAS, inhalant abuse exposes the brain and body to
toxic, poisonous substances, causing damage and sometimes
sudden death; and
WHEREAS, inhalant abuse affects the ability of children
to be successful in school; and
WHEREAS, inhalant abuse is most common among younger
adolescents, peaking in eighth-grade; and
WHEREAS, nationally, inhalant abuse has shown no decline
over the past six years, with nearly one in five eighth-grade
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students having tried an inhalant in their lifetimes and four
percent having used in the past 30 days; and
WHEREAS, data from a survey of Chesterfield County
Public School students in November 2005 revealed eighth-
graders' past 30-day use of inhalants was higher than the
national average for lifetime use and double the national
average for past 30-day use; and
WHEREAS, SAFE, Chesterfield County's substance-abuse
prevention coalition, developed a comprehensive approach to
reducing inhalant abuse in Chesterfield County; and
WHEREAS, SAFE, in partnership with Chesterfield County
Public Schools, the departments of youth planning and
development, health, police, fire and mental health support
services, and National Counseling Group Inc., implemented a
variety of inhalant-abuse prevention activities; and
WHEREAS, data from the November 2007 youth survey showed
a 40 percent drop in lifetime use and a 44 percent drop in
past 30-day use of inhalants by eighth-graders; and
WHEREAS, the Community Anti-Drug Coalitions of America
will be presenting SAFE its Coalitions of Excellence Got
Outcomes! Milestone Award
accomplishment at its national
on February 12th; and
in recognition of this
conference in Washington, D.C.
WHEREAS, this highly competitive and prestigious award
recognizes coalitions that have shown they are leaders in the
field of substance-abuse prevention and change agents in
their community; and
WHEREAS, this award exemplifies the effectiveness of
community collaboration through coalitions like SAFE.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of January 2009,
publicly recognizes SAFE for its contribution to the health,
safety and economic well-being of our community.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Holland presented the executed resolution to Ms. Sheppard
and Mr. Frith and expressed appreciation for their hard work
and dedication to keeping the children of Chesterfield County
safe.
Ms. Sheppard expressed appreciation to the Board of
Supervisors for the recognition. She stated the SAFE Board
is excited about the progress that has been made.
Mr. Wayne Frith expressed appreciation to staff for their
support of SAFE. He stated he is privileged to be involved
with SAFE, a partner in reducing the economic impact of
substance abuse. He recognized Ms. Sharyl Adams, Substance
Abuse Prevention Specialist, and Ms. Mary Lib Morgan,
Prevention Specialist, who co-authored "Inhalant Abuse:
Prevention."
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5.B. RECOGNIZING MR. MICHEL ZAJUR FOR EXEMPLARY CIVIC
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Mr. Kappel introduced Mr. Michel Zajur, who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Michel Zajur is president and chief.
executive officer of the Virginia Hispanic Chamber of
Commerce; and
WHEREAS, Mr. Zajur was born in Mexico City, Mexico and
attended Virginia Commonwealth University; and
WHEREAS, Mr. Zajur was the owner of his family's
business, La Siesta Mexican Restaurant, for more than 30
years; and
WHEREAS, beginning in 1992, Mr. Zajur and his wife,
Lisa, began to offer cultural programs to the community to
teach children about Hispanic culture and to motivate them to
learn Spanish; and
WHEREAS, this program, which began as Siesta Town and is
now called the Spanish Academy and Cultural Institute, has
served more than 45,000 children; and
WHEREAS, after providing informal assistance to Hispanic
business owners and operators for years, in 2000, Mr. Zajur
established the Virginia Hispanic Chamber of Commerce; and
WHEREAS, the Virginia Hispanic Chamber of Commerce helps
Hispanic-owned businesses to succeed by connecting them with
business opportunities in Virginia; and
WHEREAS, in addition to his involvement in the Virginia
Hispanic Chamber of Commerce, Mr. Zajur has served on many
boards throughout Virginia, including the Richmond Chamber of
Commerce, the Richmond Chamber of Commerce Foundation, the
Red Cross, United Way, Catholic Charities, the Performing
Arts Foundation and the Greater Richmond Retail Merchants
Association; and
WHEREAS, Mr. Zajur was appointed by then Governor of
Virginia, Mark Warner, to the Commission on National and
Community Service in October 2002, and the Governor's Latino
Advisory Commission in 2004; and
WHEREAS, Mr. Zajur also served on the Congressional
Safety and Security Council and the Chesterfield County Blue
Ribbon Committee for Economic Development; and,
WHEREAS, in October 2002, Mr. Zajur received the
prestigious National Conference of Community Justices
Humanitarian Award for the work he and his wife performed as
facilitators and coordinators for World Wide Marriage
Encounter in the Richmond area.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of January 2009,
publicly recognizes Mr. Michel Zajur for his exemplary civic
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service and selfless dedication to helping others, and
extends its best wishes for continued success.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Zajur 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.
Mr. Warren presented the executed resolution to Mr. Zajur and
expressed appreciation for his dedication to the Hispanic
community. He urged Mr. Zajur to stay involved in the
community to continue the progress being made.
Mr. Zajur expressed appreciation to the Board for their
support.
6. WORK SESSIONS
6.A. PROPOSED FY2010-FY2015 CAPITAL IMPROVEMENT PROGRAM
Mr. Carmody reviewed the process of preparing the FY2010-
FY2015 Capital Improvement Program, the budget outlook and
the objectives, response to revenue outlook, and program
highlights for the proposed CIP. He presented an overview of
the proposed FY2010-FY2015 Capital Improvement Program and
reviewed the composition of the proposed CIP and the CIP
revenue and expenditure summaries. He stated the primary
objectives of the CIP are to balance funding for new projects
with renovation/maintenance and to invest in roads. He
provided details of the impact of reduced funding levels on
projects and project allocations designated for Libraries,
Parks and Recreation, Public Safety, and Roads. He further
provided highlights of county and school projects included in
the CIP. He stated the Board is scheduled to hold a public
hearing on the proposed FY2010-FY2015 Capital Improvement
Program on March 25 and will adopt the program on April 15.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
suspended its rules to allow simultaneous nomination/
appointment of a member to serve on the Towing Advisory
Board.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.A.1. TOWING ADVISORY BOARD
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On motion of Mr. Holland, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed Sgt. Brad Badgerow, to
serve on the Towing Advisory Board, whose term is at the
pleasure of the Board.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B. CONSENT ITEMS
8.B.1. APPROVAL OF THE POLICE DEPARTMENT TOWING CONTRACT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved the Police Department's towing contract, as approved
by the Towing Advisory Board. (It is noted a copy of the
towing contract is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B.2. ADOPTION OF RESOLUTIONS
8.B.2.a. RECOGNIZING MS. CAROL M. GRANGER, DEPARTMENT OF
MENTAL HEALTH SUPPORT SERVICES, UPON HER
RETIREMENT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Ms. Carol M. Granger will retire on January 31,
2009 after providing over twenty-eight years of dedicated and
faithful service to Chesterfield County; and
WHEREAS, Ms.
Chesterfield County
Services on August
Supervisor, and on
Manager of Infant Se
her retirement; and
Granger began her career with the
Department of Mental Health Support
18, 1980 as an Occupational Therapy
August 26, 1995 was promoted to the
rvices and served in that capacity until
WHEREAS, Ms. Granger served as a leader in planning and
collaborating with families, dedicated staff, and partners
from the public and private sectors to develop a coordinated
early intervention system for infants and toddlers and their
families living in Chesterfield; and
WHEREAS, under the professional leadership of Ms.
Granger, infants and toddlers were able to develop to their
potential as a result of interactions with families and staff
who share their expertise and love of children; and
WHEREAS, Ms. Granger worked with community partners and
early intervention personnel to provide activities such as
"Meet the Expert," "Music in the Park" and "Family Fun Day"
for families whose children participate in the early
intervention program; and
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WHEREAS, Ms. Granger, through funds from an anonymous
donor, established and maintained the Toy Lending Library and
the Mobility Lending Program utilized by infants and toddlers
in the Chesterfield Infant program; and
WHEREAS, Ms. Granger, with parent liaisons produced the
publication, "Toddler Times," which provides important
information, calendar of events, personal stories, and many
articles of interest for the families in the Infant Services,
Chesterfield Mental Health Support Services and in the
community; and
WHEREAS, under the leadership of Ms. Granger,
Chesterfield Community Services Board facilitated Medicaid
Part C services for Planning District 14 (Farmville and seven
counties) to bring early intervention services to families
and infants and toddlers in that area, serving over one
hundred children; and
WHEREAS, Ms. Granger served as chair of the Council
Coordinators Association of Virginia (CoCoA), a statewide
organization of system managers, and through this
association's collaboration with the Virginia Association of
Community Services Boards and other groups, was successful in
obtaining approval of an increase in state funding of $7.1
million for services for infants and children; participated
on statewide stakeholder groups, and assisted in the
development of position papers that resulted in policy
changes that provided enhanced services for infants and
toddlers; and
WHEREAS, Ms. Granger believes she was fortunate to get
paid to "play" all day, and she will be sorely missed for her
professional contributions as a champion for the early
intervention system for infants and toddlers and their
families and for her commitment to the high quality of these
services provided through the Infant Program of the
Chesterfield Department of Mental Health Support Services.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Ms. Carol M. Granger, and extends its appreciation for her
dedicated service to the county, congratulations upon her
retirement, and best wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Granger, 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.
8.B.2.b. RECOGNIZING SERGEANT RANDY D. DALTON, POLICE
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Sergeant Randy D. Dalton retired from the
Chesterfield County Police Department on January 1, 2009,
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after providing 28 years of quality service to the citizens
of Chesterfield County; and
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WHEREAS, Sergeant Dalton has faithfully served the
county in the capacity of patrol officer, investigator, and
sergeant; and
WHEREAS, during his tenure with the Chesterfield County
Police Department, Sergeant Dalton has served in various
areas of the department, including the Uniform Operations
Bureau, the Investigations Bureau and the Support Services
Division; and
WHEREAS, due to his leadership ability and supervisory
skills, Sergeant Dalton was tasked with being the lead
sergeant on the midnight shift of the South District; and
WHEREAS, as crime prevention sergeant, Sergeant Dalton
served on numerous committees to include the County's Joint
Accident Review Board, the Police Accident Review Panel, the
Towing Advisory Board, the Children At Risk Today Committee,
the Safe and Sober Youth Committee, and also served as the
Exposure Control Plan Compliance Officer; and
WHEREAS, Sergeant Dalton is recognized for his excellent
human relations skills, which he has utilized to assist many
internal and external customers and whereby he has been able
to provide outstanding conflict resolution in the performance
of his duties; and
WHEREAS, Sergeant Dalton has received numerous letters
of thanks and appreciation for service rendered from the
citizens of Chesterfield County; and
WHEREAS, Sergeant Dalton has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Sergeant Dalton's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Sergeant Randy D.
Dalton, 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.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B.3. AUTHORIZE THE APPROPRIATION OF FUNDS FROM SALE OF
EQUIPMENT TO THE FIRE AND EMERGENCY MEDICAL SERVICES
DEPARTMENT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the appropriation of $170,000 from the sale of
equipment to increase the operating budget for the Fire and
EMS Department.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.8.7. STATE ROAD ACCEPTANCE
On motion of Mr. Gecker, seconded by Ms. Durfee, 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: Meadowville Lane
Type Chaage to the Secondary System of State Addition
Reason for Change: Access Project, Industrial
Pursuaat to Code of Virginia §33.1-229, §33.1-221
Street Name and/or Route
• Meadowville Lane, State Route Number 7142
From: Meadowville Rd., (Rt. 618)
To: 0.35 mile south of Meadowville Rd., (Rt. 618), a distance of: 0.35
miles.
Recordation Reference: Db. 6939, Pg 979
Right of Way width (feet) = 60
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B.8. REQUEST FOR A MUSIC/ENTERTAINMENT FESTIVAL FOR
REITHOFFER SHOWS, INCORPORATED TO CONDUCT A FAMILY
FUN FAIR AT THE NEW FLEA MARKET
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved the request of Reithoffer Shows, Inc., for a
music/entertainment festival permit for A Family Fun Fair at
the New Flea Market, on March 19 through March 29, 2009,
subject to the conditions set forth in the papers of this
Board.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.B.9. REQUEST TO VACATE AND REDEDICATE A SIXTEEN-FOOT AND
VARIABLE WIDTH WATER EASEMENT ACROSS THE PROPERTY OF
ZAREMBA METROPOLITAN MIDLOTHIAN, LLC
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On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement to vacate and
rededicate a 16-foot and variable width water easement across
the property of Zaremba Metropolitan Midlothian, LLC. (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.B.10. ACCEPTANCE OF A PARCEL OF LAND ALONG OTTERDALE
WOODS ROAD FROM COMMERCE PLACE, LLC
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On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.075
acres along Otterdale Woods Road from Commerce Place, 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.B.11. REQUEST FOR PERMISSION FROM JEFFREY M. AND JULIE
ANN SENIOR FOR AN EXISTING FENCE TO ENCROACH WITHIN
AN EIGHT-FOOT EASEMENT AND A SIXTEEN-FOOT DRAINAGE
EASEMENT ACROSS LOT 24, THE SANCTUARY AT WATERMILL,
SECTION A
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On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved the request of Jeffrey M. Senior and Julie Ann
Senior for permission for an existing fence to encroach
within an 8-foot easement and a 16-foot drainage easement
across Lot 24, The Sanctuary at Watermill, Section A, subject
to the execution of a license agreement. (It is noted a copy
of the plat is filed with the papers of the Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B.12. REQUEST TO QUITCLAIM A PORTION OF A VARIABLE WIDTH
STORM WATER MANAGEMENT/BEST MANAGEMENT PRACTICE
EASEMENT, PORTIONS OF SIXTEEN-FOOT SEWER EASEMENTS
AND A PORTION OF A SIXTEEN-FOOT DRAINAGE EASEMENT
(PUBLIC) ACROSS THE PROPERTY OF ZAREMBA METROPOLITAN
MIDLOTHIAN, LLC
On motion of Mr. Gecker, seconded .by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a variable width SWM/BMP easement, portions of 16-
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foot sewer easements and a portion of a 16-foot drainage
easement (Public) across the property of Zaremba Metropolitan
Midlothian, LLC. (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. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
MATOACA DISTRICT IMPROVEMENT FUND TO THE PARKS AND
RECREATION DEPARTMENT FOR THE DEPARTMENT TO PURCHASE
MATERIALS TO ERECT A PRESS BOX AT THE MATOACA HIGH
SCHOOL VARSITY BASEBALL FIELD
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
transferred $2,000 from the Matoaca District Improvement Fund
to the Parks and Recreation Department for the department to
purchase materials needed to erect a press box at the Matoaca
High School Varsity Baseball Field.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
The following items were pulled from the Consent Agenda for
Board comment:
8.B.4. AWARD OF CHANGE ORDER TO GULF SEABOARD GENERAL
CONTRACTORS INCORPORATED FOR RENOVATIONS TO THE
LANE B. RAMSEY ADMINISTRATION BUILDING AND THE FIRE
ADMINISTRATION BUILDING AND AUTHORIZE THE COUNTY
ADMINISTRATOR TO APPROVE ADDITIONAL CHANGE ORDERS
THAT DO NOT EXCEED FIVE PERCENT OF THE ORIGINAL
CONTRACT AMOUNT
In response to Mr. Gecker's question, Mr. Stegmaier explained
the discovery of water damage and mold in the Fire
Administration Building led to the additional change order
request. He stated staff is requesting the authorization to
allow the few remaining potential changes to be approved and
processed administratively and facilitate completion and
payment.
In response to Mr. Gecker's questions, Ms. Darlene Lathrop,
Project Manager, stated an allowance was made for the shaft
remediation work in the Lane B. Ramsey Administration
Building but the allowance has been exceeded due to the
inability to completely gauge the scope of the work until
actually being inside the shaft. She further stated the
project is expected to be complete within the next few weeks
and the magnitude of future change orders are expected to be
minimal.
In response to Mr. Warren's question, Ms. Lathrop stated the
work cannot be delayed due to code requirements for the
mechanical shaft and relocation of sprinkler heads.
In response to Mr. Holland's questions, Ms. Lathrop stated at
the inception of the project when the bids were reviewed,
none of the bids covered mold removal. She further stated
the project is expected to be complete at the end of April or
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the beginning of May. She stated the bid accepted for the
project was the lowest responsible bid received.
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Mr. Holland stated the lowest bid received may not be the
best bid to accept in certain situations.
Mr. Stegmaier explained the overall project of renovating the
Lane B. Ramsey building is being bid in three separate phases
and includes renovations in the Fire Administration Building.
He stated there will be additional contracts to finish the
project.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the County Administrator to execute a change order
with Gulf Seaboard General Contractors, Inc. in the amount of
$37,758 for renovating the Lane B. Ramsey Administration
Building and the Fire Administration Building, and further
authorized the County Administrator to approve any additional
change orders not to exceed an additional five percent of
this original contract in order to facilitate moving the
project forward.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B.6. INITIATE AN APPLICATION FOR A CONDITIONAL USE PLANNED
DEVELOPMENT FOR EXCEPTIONS TO FREESTANDING SIGN
LIMITATIONS FOR LUCY CORR VILLAGE
In response to Mr. Gecker's question, Mr. Turner stated the
signage at Lucy Corr Village needs to be upgraded to make it
more user friendly. He further stated the number of
additional signs will be determined at a later date.
Mr. Holland stated the additional signage will be an
excellent improvement to Lucy Corr Village.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved initiation of an application for a Conditional Use
Planned Development to allow a second project identification
sign, on-site directory signs and additional freestanding
signs at Lucy Corr Village, (Tax IDs 770-664-6398, 770-665-
8179, 771-665-3701 and 771-664-Part of 9599); appointed Ms.
Leigh Robbins as the Board's agent; and waived the disclosure
requirements.
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 Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the following reports: a Report on Developer Water
09-47
01/28/09
and Sewer Contracts and a Report on the 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:
ABANDONMENT LENGTH
CHESTER VILLAGE GREEN 3, REMAINDER OF SECTION 1
(Effective 12/30/2008)
De Lavial Street (Route 1503) - From Village
Creek Drive (Route 5912) to 0.17 miles east
of Village Creek Drive (Route 5912) -0.17 Mi.
ADDITION LENGTH
CHESTER VILLAGE GREEN 3, REMAINDER OF SECTION 1
(Effective 12/30/2008)
Village Creek Drive (Route 5912) - From 0.07
miles east of Chester Village Drive (Route 5917)
to Village Garden Drive (Route 5913) 0.06 Mi.
Village Garden Drive (Route 5913) - From Village
Park Avenue (Route 7193) to 0.09 miles east of
Village Park Avenue (Route 7193) 0.09 Mi.
Village Garden Drive (Route 5913) - From 0.09
mile east of Village Park Avenue (Route 7193)
to Village Creek Drive (Route 5912) 0.04 Mi.
Village Park Avenue (Route 7193) - From 0.02 miles
north of Village Garden Drive (Route 5913) to
Chester Village Drive (Route 5917) 0.03 Mi.
Village Park Avenue (Route 7193) - From Village
Creek Drive (Route 5912) to Village Garden
Drive (Route 5913)
Village Park Avenue (Route 7193) - From Village
Garden Drive (Route 5913) to 0.02 miles
north of Village Garden Drive (Route 5913)
FIVE FORKS 5
(Effective 12/29/2008)
Willow Grove Court (Route 7310) - From Willow
Grove Road (Route 5969) to cul-de-sac
Willow Grove Place (Route 7311) - From Willow
Grove Road (Route 5969) to cul-de-sac
0.08 Mi.
0.02 Mi.
0.04 Mi.
0.03 Mi.
GATEWOOD 2
(Effective 12/23/2008)
Gallatin Road (Route 1491) - From 0.04 miles
northwest of Bracken Road (Route 1492) to Upshur
Drive (Route 7295) 0.02 Mi.
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01/28/09
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Upshur Court (Route 1491) - From Upshure Drive
(Route 7295) to cul-de-sac 0.08 Mi.
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Upshur Drive (Route 7295) - From Gallatin
Road (Route 1491) to Upshur Court (Route 7296) 0.15 Mi.
Upshur Drive (Route 7297) - From Upshur Court
(Route 7296) to cul-de-sac 0.04 Mi.
Foxcreek Crossing (Route 7297) - From Woolridge
Road (Route 668) to 0.07 miles south of Woolridge
Road (Route 668) 0.07 Mi.
NORTH ENON CHURCH ROAD ABANDONMENT
North Enon Church Road (Route 746) - From 0.32
miles north of Meadowville Road (Route 618) to
end of maintenance -0.13 Mi.
RIDGEDALE PARKWAY ABANDONMENT
Ridgedale Parkway (Route 3259) - From 0.58 miles
north of Hening Elementary School Bus Loop
(Route 9770) to cul-de-sac -0.09 Mi.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There are no speakers at this time.
11. CLOSED SESSION 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 WITH RESPECT TO THE
APPLICATION OF "GUIDANCE" BY THE CHESAPEAKE BAY LOCAL
ASSISTANCE BOARD ON THE CHESAPEAKE BAY PRESERVATION ACT
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On motion of Mr. Holland, seconded by Ms. Durfee, the Board
went into Closed Session 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 with respect to the application of
"Guidance" by the Chesapeake Bay Local Assistance Board on
the Chesapeake Bay Preservation Act.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Reconvening:
On motion of Ms. Durfee, seconded by Mr. Warren, 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
09-49
01/28/09
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.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
12. DINNER
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
recessed to the Lane B. Ramsey Administration Building, Room
502, for dinner.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Reconvening:
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
Mr. Bailey Galstan, Senior Patrol Leader, Boy Scout Troop
819, led the Pledge of Allegiance to the Flag of the United
States of America.
15. RESOLUTIONS
15.A. RECOGNIZING BOY SCOUT TROOP 819 ON ITS SEVENTY-FIFTH
ANNIVERSARY
Mr. Kappel introduced Troop 819, who was present to receive
the resolution.
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01/28/09
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
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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
WHEREAS, the Boy Scouts of America is the largest youth
organization in the United States, with more than 5 million
members; and
WHEREAS, Chester, Virginia's Troop 819 has met at Saint
John's Episcopal Church for 75 years; and
WHEREAS, Troop 819 is one of the oldest Boy Scout troops
in Chesterfield County; and
WHEREAS, Troop 819 began as Troop 161 in 1933, and first
met in a log cabin built from logs donated by the father of
one of the troop's first members, Judge Ernest Gates; and
WHEREAS, in addition to Saint John's Episcopal Church,
the troop's charter organization, Troop 819 also has been
supported by the Chester Presbyterian Church and the Chester
Rotary Club; and
WHEREAS, in 1970, Troop 161's name was changed to Troop
819; and
WHEREAS, today, as it has for the past 75 years, Troop
819 continues to imbue scouts with the values of the Scout
Oath and Scout Law; and
WHEREAS, Chesterfield County is proud of its Boy Scouts
and Girl Scouts, and is pleased to have these exemplary young
citizens as residents of the county.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 28th day of January 2009,
hereby congratulates Troop 819 as this outstanding
organization enters its 75th year here in Chesterfield County
and extends best wishes to Boy Scout Troop 819's leaders and
members for continued success.
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.
Ms. Jaeckle presented the executed resolution to the members
of Troop 819 and congratulated them on their 75th Anniversary.
Dr. Sam Galstan expressed appreciation to the Board for the
recognition.
09-51
01/28/09
15.B.
THE RANK OF EAGLE SCOUT
RECOGNIZING MR. JAMES JEFFREY STALLINGS UPON ATTAINING
Mr. Kappel introduced Mr. James Jeffrey Stallings, who was
present with his father, to receive the 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
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 their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law
WHEREAS, Mr. James Jeffrey Stallings, 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 received
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for roles as leaders in
society, James 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 28th day of January 2009,
publicly recognizes Mr. James Jeffrey Stallings, 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.
Stallings, congratulated him on his achievements and wished
him well in future endeavors.
Mr. Stallings provided details of his Eagle Scout project, in
which he built 6 handicap accessible picnic tables for the
citizens who use Camp Baker. He expressed appreciation to
Home Depot for donating all of the supplies needed for his
project.
16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
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Ms. .Durfee requested that prayers and thoughts be with
Planning Commissioner Wayne Bass, whose wife is critically
ill.
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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 19
07SN0385
In Matoaca Magisterial District, FIRST COMMONWEALTH SERVICES
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) 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. 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. Tax ID 722-661-8707.
Mr. Turner presented a summary of Case 07SN0385 and stated
staff is requesting the Board remand the case to the Planning
Commission due to amendments since the Commission's
consideration of the case.
Ms. Durfee stated she preferred to hear the case.
The case was then moved to be heard in the appropriate order.
07SN0341
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.
Mr. Turner presented a summary of Case 07SN0341 and stated
the applicant is requesting deferral to October 28, 2009.
Ms. Kristen Keatley, the applicant's representative,
requested a 9-month deferral of Case 07SN341.
Mr. Warren called for public comment.
There being no one to address the deferral, the public
hearing was closed.
09-53
01/28/09
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
deferred Case 07SN0341 to October 28, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
nacuniaa
In Matoaca Magisterial District, CHESTERFIELD COUNTY BOARD OF
SUPERVISORS requests Conditional Use and amendment of zoning
district map to permit a business (special events) incidental
to a dwelling unit on 22.6 acres known as 16216 Genito Road.
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
2.0 units per acre or less. Tax ID 711-688-7172.
Mr. Turner presented a summary of Case 09SN0144 and stated
staff is requesting the case be deferred to April 29, 2009 to
allow the Planning Commission to hear the case.
Mr. Warren called for public comment.
There being no one to address the deferral, the public
hearing was closed.
On motion of Durfee, seconded by Holland, the Board deferred
Case 09SN0144 to April 29, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0116
In Clover Hill Magisterial District, BAXTER HARRINGTON
requests amendment to Conditional Use Planned Development
(Case 87S045) and amendment of zoning district map relative
to buffer requirements in a Corporate Office (O-2) District
on 7.1 acres lying approximately 920 feet off the north line
of Hull Street Road approximately 180 feet west of Woodsong
Drive. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for office and
medium residential use of 1.51 to 4.0 units per acre. Tax ID
744-685-Part of 2207.
Mr. Turner presented a summary of Case 09SN0116 and indicated
the Planning Commission recommended approval and acceptance
of one proffered condition.
Mr. Baxter Harrington, the applicant, stated the
recommendation is acceptable.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
approved Case 09SN0116 and accepted the following proffered
condition:
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The provision of fencing within the 100 foot buffer
along the northwest and northeast boundaries of the
Corporate Office (O-2) tract per Condition 8.c of Case
875045 shall not be required provided use of this
property is limited to church use. (P)
(Note: This Condition is in addition to Condition 8.c
of Case 875045 for the subject property.)
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Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0131
In Midlothian Magisterial District, BEE-PIKE LLC requests
amendment to Conditional Use Planned Development (Case
OOSN0204) and amendment of zoning district map relative to
architectural treatment, hours of operation and setbacks in
Neighborhood Business (C-2) and Corporate Office (O-2)
Districts on 8.8 acres fronting approximately 500 feet on the
west line of North Woolridge Road approximately 500 feet
south of Midlothian Turnpike. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for village shopping district and village fringe
area uses. Tax IDs 731-706-9398; 731-707-6510; and 732-706-
0494.
Mr. Turner presented a summary of Case 09SN0131 and indicated
the Planning Commission recommended approval and acceptance
of the proffered conditions.
Mr. Andy Scherzer, the applicant's representative, accepted
the recommendation.
Mr. Warren called for public comment.
Mr. Gordan Meyer, a member of the Village of Midlothian
Volunteer Coalition, stated the applicant has been very
cooperative and requested approval of the request. He
expressed appreciation to Mr. Brian Evans.
Mr. Peppy Jones, the Chairman of the Village of Midlothian
Volunteer Coalition, stated he was in agreement with the
development. He requested the Board approve the request.
Mr. William Shewmake, representing the Village Bank, an
adjacent property owner, requested approval of the request.
Mr. Gecker expressed appreciation for the work of the members
of the Village of Midlothian Volunteer Coalition on this
zoning request.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved Case 09SN0131 and accepted the following proffered
conditions:
1. The Textual Statement amendments dated November 25,
2008, and revised December 5, 2008, shall be considered
the Master Plan. (P)
09-55
01/28/09
(Note: Except as amended herein, the Textual Statement
approved as part of Case OOSN0204 shall remain in
effect.)
2. The architectural style, materials and colors of
buildings shall be compatible with that shown on the
elevations prepared by Freeman Morgan Architects, dated
April 21, 2008 and titled "American Family Fitness North
Woolridge Road Midlothian, Virginia". (P)
(Note: This proffer supersedes Proffered Conditions 10
and 11 of Case OOSN0204 for the subject property.)
3. Uses shall not be open to the public between the hours
of midnight and 6:00 a.m. with the exception that a
single Health Club use having 40,000-gross square feet
or greater may be opened to the public between the hours
of midnight and 6:00 a.m. provided that security cameras
shall be installed so as to provide video surveillance
of parking areas during these specified hours. (P)
(Note: This proffer supersedes Proffered Condition 19
of Case OOSN0204.)
4. Except as noted in the Textual Statement amendment, Item
2, a minimum sixty (60) foot parking setback shall be
maintained along North Woolridge Road until such time as
a building is constructed on Tax ID 732-706-0494. (P)
(Note: This proffer supersedes Proffered Condition 21
of Case OOSN0204.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08SN0243
In Matoaca Magisterial District, JOHN D. AND KIMBERLY W.
HUGHES, JR. request Conditional Use and amendment of zoning
district map to permit commercial uses plus Conditional Use
Planned Development to permit exceptions to Ordinance
requirements in an Agricultural (A) District on 8.5 acres
located in the northwest quadrant of the intersection of
Beach and Spring Run Roads. 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. Tax IDs 745-654-8256 and 746-654-1071.
Ms. Darla Orr presented a summary of Case 085N0243 and stated
the Planning Commission recommended approval and acceptance
of the proffered conditions. She further stated staff
recommended denial due to the request failing to address the
transportation concerns relative to right of way dedication.
Mr. Jeff Collins, the applicant's representative, stated all
departments except the Transportation Department are in
agreement with the request. He further stated the applicant
is not trying to gain additional buildable property on Beach
Road, that they simply want to protect the integrity of the
historic structures. He requested the Board's approval of
the request.
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Mr. Warren called for public comment.
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Ms. Lee Diller, an area resident, requested the Board approve
the request.
There being no one else to address the request, Mr. Warren
closed the public hearing.
Ms. Durfee expressed appreciation for the work Mr. Bass and
Mr. Collins have put into this case. She stated it is
important to protect historical sites in the county. She
further stated the events planned to be held on the request
property are the type of events that will not cause a
significant increase in traffic.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved Case 08SN0243 and accepted the following proffered
conditions:.
The owners and developers in this rezoning request, John D
Hughes, Jr. and Kimberly W Hughes (the "Developers") pursuant
to § 15.2-2298 of the Code of Virginia (1950 as amended) and
the Zoning Ordinance of Chesterfield County, Virginia (the.
"County") for itself and its successors and assigns, hereby
proffers that the development of the real property (the
"Property") under consideration in this rezoning request
shall be developed in accordance with the following
conditions if, and only if, the request submitted herewith is
granted with only those conditions agreed to by the
Developers. In~ the event this request is denied or approved
with conditions not agreed to by the Developers, the proffers
shall immediately be null and void and of no further force or
effect.
This application contains one (1) exhibit described as
follows:
Exhibit A - The plan titled "Transportation Plan", prepared
by Townes Site Engineering, dated November 17, 2008
1. Textual Statement. The Textual Statement dated November
17, 2008 shall be considered the Master Plan. (P)
2. Access.
a. Direct vehicular access from the Property to Spring
Run Road shall be limited to one (1) entrance/exit,
located a minimum of four hundred fifty (450) feet
from the centerline of Beach Road as shown on
Exhibit "A". The exact location of this access
shall be approved by the Transportation Department.
b. As shown on Exhibit A, direct vehicular access from
the Property to Beach Road shall be limited to two
(2) entrances/exits.
i. The easternmost access shall be generally
located as shown on Exhibit A and shall only
serve the existing "Building B" as labeled on
Exhibit A. At such time direct vehicular
access from the Property to Spring Run Road is
provided, as described in Proffered Condition
2.a. and as determined by the Transportation
09-57
01/28/09
Department, the easternmost access to Beach
Road shall be removed.
ii. The westernmost access shall be located
generally towards the western property line as
shown on Exhibit A and shall only serve the
existing "Building A." as labeled on Exhibit
A. Prior to any site plan approval that
includes the westernmost access, an access
easement, acceptable to the Transportation
Department, shall be recorded from the
westernmost access onto Beach Road to the
adjacent property to the west (Tax ID 745-654-
4944). At such time the westernmost access is
relocated by others to align with the Bundle
Road intersection, as determined by the
Transportation Department, additional
development on the Property may be served by
this access up to the maximum density
identified in Proffered Condition 6. (T)
3. Road Improvements. The following roadway improvements
shall be provided by the Developer:
a. Construction of a left and right turn lane along
Spring Run Road at the approved access.
b. Widening/improving the west side of Spring Run Road
for the entire Property frontage to an eleven (11)
foot wide travel lane, measured from the existing
centerline of Spring Run Road, with an additional
one (1) foot wide paved shoulder plus a seven (7)
foot unpaved shoulder and overlaying the full width
of the road with one and one-half (1.5) inches of
compacted bituminous asphalt concrete, with
modifications approved by the Transportation
Department.
c. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
4. Phasing Plan. Prior to any site plan approval, a
phasing plan for the required road improvements, as
identified in Proffered Condition 3, shall be submitted
to and approved by the Transportation Department. The
approved phasing plan shall require at a minimum, that
prior to issuance of an occupancy permit for more than
18,000 square feet (SF) Recreational Community
Center/banquet hall, and "Building B" as labeled on
Exhibit A, or equivalent traffic generation as
determined by the Transportation Department, with access
to Spring Run Road, the road improvements as identified
in Proffered Condition 3.a., 3.b and 3.c. shall be
completed as determined by the Transportation
Department. (T)
5. Timbering. Except for timbering approved by the
Virginia Department of Forestry for removing dead or
diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
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6. Density. The maximum density on the Property shall be
as listed below or equivalent traffic generation as
determined by the Transportation Department:
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a. 18,000 Square Feet (SF) of Recreational Community
Center (Banquet Hall).
b. 5,000 SF Church.
c. 2,800 SF of Single Tenant Office. "Building A" and
"Building B" shall each be limited to 1,400 SF of
single tenant office use until such time Proffered
Conditions 2.b.2 and 2.b.1 are satisfied,
respectively, as determined by the Transportation
Department. At such time the respective proffered
conditions are satisfied, additional development
may be served by "Building A" and/or "Building B"
in accordance with the remaining maximum density on
the Property.
d. 8,000 SF of Shopping Center.
e. 5,000 SF of High Turnover (Sit-Down) Restaurant.
(T)
7. Permitted uses: The following uses shall be permitted:
a. Except for automobile self service stations, which
shall not be permitted, uses permitted by right or
with restrictions in the Neighborhood Business (C-
2) District.
b. Commercial outdoor recreational use limited to
tractor, farm equipment and automobile
shows/exhibits.
c. Special events business to permit events such as
weddings, receptions, birthday parties, luncheons
and similar social gatherings. (P)
8. Hours of Operation.
The hours and days that the special events business is
permitted to be open to the public shall be as follows:
a. Monday through Sunday from 6:30 AM to 11:00 PM.
(P)
9. Deliveries.
No vendor deliveries shall be permitted before 8:00 AM
or after 7:00 PM. (P)
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10. The special events uses shall be designed and operated
so as not to generate noise levels above 65dB (a) as
measured at the "Property" boundaries. (P)
11. Buffers.
A thirty (30) foot buffer shall be maintained adjacent
to the western property boundary. The westernmost
access off of Beach Road, as approved by the
Transportation Department, shall be allowed to encroach
within the buffer for a maximum distance of two hundred
(200) feet measured from the centerline of Beach Road.
Existing mature vegetation located within this buffer
shall be maintained and may be substituted for required
landscaping materials as approved during plans review.
The buffer shall be planted in accordance with perimeter
09-59
01/28/09
landscaping C requirements of the Zoning Ordinance
except that at the time of planting the following
minimum size standards shall be permitted:
A. If plantings are installed during the first growing
season immediately following the first approved
site plan:
a. Large Deciduous Tree-minimum one (1) inch
caliper.
b. Small Deciduous Tree-minimum one-half (1/2)
inch caliper.
c. Medium Shrub-minimum height of twelve (12)
inches.
d. Evergreen Trees-minimum height of three (3)
feet.
B. If plantings are installed after the first growing
season immediately following the first approved
site plan:
a. Large Deciduous Tree-minimum one (1) inch
caliper.
b. Small Deciduous Tree-minimum one-(1) inch
caliper.
c. Medium Shrub-minimum height of eighteen (18)
inches.
d. Evergreen Trees-minimum .height of three (3)
feet. (P)
12. Right-of-Way Dedication.
a. Prior to any site plan approval or within ninety (90)
days of a written request by the Transportation
Department, whichever occurs first, forty-five (45) feet
of right-of-way along the west side of Spring Run Road,
measured from the centerline of that part of the roadway
immediately adjacent to the Property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Ms. Durfee stated Mr. Wayne Bass' wife is in the hospital and
requested everyone to remember them.
n~~Nn~~tS
In Matoaca Magisterial District, FIRST COMMONWEALTH SERVICES
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) 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. 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. Tax ID 722-661-8707.
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Ms. Darla Orr presented a summary of Case 07SN0385 and stated
the Planning Commission recommended denial due to increased
traffic, citizen opposition and the fact the development
would not be apart of the Summerford Homeowner's
Association. She further stated staff recommended the case
be remanded due to the changes since the Commission's
consideration of the case; however, if the Board wished to
proceed, staff recommends approval and acceptance of the
proffered conditions except Proffered Condition 10.
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Mr. William Shewmake, the applicant's representative,
expressed appreciation to Ms. Durfee for her hard work on
this request. He stated the Summerford Homeowner's
Association is in agreement with the request. He requested
the Board approve the request.
Mr. Warren called for public comment.
Mr. Stuart Daniel, the President of the Summerford
Homeowner's Association, expressed appreciation for Ms.
Durfee's assistance in bringing this case to closure and
requested the Board approve the request.
Ms. Durfee expressed appreciation to Mr. Daniel and Mr.
Shewmake for working together on this request. She stated
this request is an in-fill development. She further stated
the buffer proffer will protect the adjacent property.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved Case 07SN0385 and accepted the following proffered
conditions:
1. Public water and wastewater shall be used. (U)
2. The applicant, subdivider, or assignee(s) shall pay the
following, for infrastructure improvements within the
service district for the property, to the county of
Chesterfield prior to the issuance of building permit:
A. $18,080.00 per dwelling unit, if paid prior to July
1, 2009; or
B. If paid after June 30, 2009, the amount approved by
the Board of Supervisors not to exceed $18,080.00
per dwelling unit adjusted upward by any increase
in the Marshall and Swift building cost index
between July 1, 2008 and July 1 of the fiscal year
in which the payment is made.
C. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by
law.
D. Should any impact fees be imposed by the County of
Chesterfield 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 be in addition to,
any impact fees, in a manner determined by the
County. (B&M)
3. A maximum of eight (8) lots shall be permitted in this
development. (P)
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4. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
5. There shall be no direct vehicular access from the
property to Winterpock Road. (T)
6. In conjunction with recordation of the initial
subdivision plat, sixty (60) feet of right-of-way along
the east side of Winterpock Road, measured from the
approved revised centerlines of that part of the
roadways immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
7. Prior to the approval of any tentative subdivision plan,
the Agreement executed on November 17, 2008 between
First Commonwealth Services, LLC, the Summerford
Homeowners Association, Inc. and Village Bank shall be
recorded. (P)
8. All lots shall have a minimum area of 34,425 gross
square feet. (P)
9. The developer shall be responsible for relocation of the
roadside ditch to provide an adequate shoulder along the
eastern side of Winterpock Road for the entire property
frontage and dedication to and for the benefit of
Chesterfield County, free and unrestricted, any
additional right-of-way or easements required for this
improvement. (T)
10. Except as may be modified by the Planning Commission at
the time of plans review, a variable width landscaped
buffer shall be provided as generally shown on Exhibit 2
prepared by Balzer and Associates Inc., dated December
30, 2008. This buffer shall comply with Ordinance
requirements for buffers less than fifty (50) feet in
width. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
18. PUBLIC HEARINGS
18.A. TO CONSIDER AN AMENDMENT TO SECTION 17-2 OF THE
COUNTY CODE TO INCLUDE STEP CHILDREN IN THE
DEFINITION OF FAMILY
Mr. Turner stated this date and time had been advertised to
consider an amendment to Section 17-2 of the County Code to
include step children in the definition of family.
Mr. Warren called for public comment.
In response to Mr. Gecker's question, Mr. Turner stated the
proposed amendment is required by state law and also makes
sense.
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On motion of Mr. Holland, seconded by Mr. Gecker, 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 17-2 RELATING TO
THE DEFINITION OF SUBDIVISION, RESIDENTIAL PARCEL
C•7
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 17-2 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 17-2. Definitions.
Subdivision, residential parcel: The division, per article II
division IV, of any parcel of land for residential use, into
two or more parcels all of which are more than five acres,
and which:
(1) Have frontage of not less than 300 feet or 250 feet
if a legally established access shared by no more
than two parcels is used on an existing street,
and;
(2) Access to the parcel is provided within the area of
required frontage, and;
(3) The required minimum parcel width, per (1) above,
is maintained for a depth required to create a five
acre parcel or in an arrangement approved by the
director of planning after determining that the
configuration is appropriate based upon limitations
imposed by the parcel shape and environmental
features on the parcel and is not for the purpose
of circumventing this subsection.
a. Residential parcel subdivisions shall include:
u
Family subdivisions which shall be defined as
a single division of land to create a lot or a
parcel for the purpose of a sale or gift to a
member of the immediate family of the property
owner including a partition of property owned
by immediate family members. Only one such
division shall be allowed per family member
and shall not be for the purpose of
circumventing this chapter. For the purpose of
this subsection, a member of the immediate
family shall be defined as any person who is a
natural or legally defined offspring,
stepchild, spouse, sibling, grandchild,
grandparent or parent of the owner. Family
subdivisions shall comply with all applicable
requirements of the zoning ordinance and the
standards set forth in this chapter. Access
shall be provided as required by the Code of
Virginia.
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Family subdivisions shall comply with the
following requirements:
(i) The property owner requesting approval of
a family subdivision shall have owned the
property for a continuous period of not
less than two years immediately preceding
the filing of the family subdivision
application. This subsection shall not
apply in the case of the death of the
owner, and the estate executor or
administrator shall be permitted to
transfer the property to any eligible
family member(s) of the decedent as
defined in subsection (a) for the
purposes of facilitating the family
subdivision. Upon application, the
director of planning may grant relief to
this two-year retention period in cases
of severe hardship including foreclosure,
judicial sale, condemnation, bankruptcy
or permanent relocation by the owner out-
of-state. This subsection shall apply
only to property acquired by the owner
subsequent to January 1, 2005.
(ii) Lots or parcels created through a family
subdivision shall be titled in the name
of the original recipient for whom the
subdivision is made for a period of not
less than five years. Upon application,
the director of planning may grant relief
to this five-year retention period in
cases of severe hardship including
foreclosure, death, judicial sale,
condemnation, bankruptcy or permanent
relocation by the owner out-of-state.
Additionally, the director of planning
may approve the transfer of property
between eligible family members as
defined in subsection (a) within the
five-year retention period. Any such
relief granted by the director shall be
in the form of an instrument that the
applicant shall record against the parcel
in the land records of the circuit court.
(iii)Family subdivisions that do not comply
with these requirements shall be presumed
to have intended at the time of approval
to circumvent this chapter and shall be
deemed to be in violation of section 17-
6. Any such lots or parcels shall be
denied a building permit and, if a
building permit has already been issued,
shall upon discovery be subject to
provisions of section 17-12 and 17-13.
Further, the director of planning may
take any reasonable actions necessary to
ameliorate the effect of such
circumvention including, without
limitation, requesting the board of
supervisors to adopt an ordinance
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09-64
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pursuant to state law that vacates the
subdivision in whole or in part.
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(iv) All proposed plats for family
subdivisions shall include on the plat an
affidavit under oath and penalty of
perjury from the proposed grantor that
identifies the subdivision as being for
the purposes of conveyance to a
qualifying family member and identifies
the receiving family members and their
relationship to the grantor.
(v) All family subdivision plats must contain
a conspicuous note containing the
following language:
"The Chesterfield County Subdivision
Ordinance requires the original recipient
of a parcel or lot created by a family
subdivision to retain ownership of the
property for not less than five years
unless granted relief by the director of
planning. Any violation of this
requirement shall be presumed to
constitute a circumvention of the
subdivision ordinance and may result in
corrective action taken by the county
including, without limitation, imposition
of applicable penalties, denial of
building permits, and/or vacation of the
subdivision."
b. Residential parcel subdivisions shall exclude:
Granting or extinguishing easements, and
division of land for augmented estates,
subordination or lien priority, plats of
confirmation and open space, not directed at
the creation of lots or .parcels for sale, and
not done for the purpose of circumventing this
chapter.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
18.B. TO CONSIDER AN AMENDMENT TO SECTION 15-196 OF THE
COUNTY CODE RELATING TO RATES FOR TAXI SERVICES
^it
Mr. Micas stated this date and time had been advertised to
consider an amendment to Section 15-196 of the County Code
relating to rates for taxi services.
In response to Mr. Gecker's question, Mr. .Micas stated no
changes will be made to the model ordinance unless all
localities involved approve the changes.
Mr. Warren called for public comment.
09-65
01/28/09
Mr. Charles Self, a local taxi driver, spoke in opposition to
the rate increase for taxi services. He stated the proposed
increase would boost his income by 25 percent, although most
of his clients would not be able to afford the increase. He
presented the Board a letter from Mr. Kevin Shephard,
representing Bon Secours, voicing his opposition to the rate
increase.
Mr. Tom Powers, a taxi company owner, spoke in support of the
increase in taxi service rates. He stated there is a
provision in the ordinance which provides for a twenty
percent discount to the elderly or disabled. He further
stated although gas prices have decreased, the cost of
insurance continues to increase.
Mr. Jack Berry, the President of Richmond Metropolitan
Convention Bureau, provided information to the Board from a
study, which complimented the. Richmond region for having an
uniform ordinance and regulations on taxi services. He
stated uniform regulations provide operators one set of
procedures to use throughout multiple counties.
Mr. Holland expressed appreciation to Mr. Self, Mr. Berry and
Mr. Powers for speaking at the meeting. He stated uniform
taxi rates are important for the region.
In response to Ms. Jaeckle's question, Mr. Holland stated all
of the costs incurred by the companies were considered when
the rates were reviewed. He further stated the taxi services
rates have not changed since 2005.
Ms. Jaeckle stated since gas prices were almost $4 a gallon
the increase would have made sense, but gas prices have
decreased substantially. She further stated a lower increase
in the rates should have been proposed.
Discussion ensued relative to the process used to determine
the amount of the taxi services rates, the profitability for
the taxi companies, and the discount offered to the elderly
and disabled.
On motion of Mr. Holland, 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 15-196 RELATING TO RATES FOR TAXI
SERVICES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section IS-196 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 15-195. Rates--Generally.
Except as otherwise provided in this article, it shall
be unlawful for the owner or driver of any taxicab to charge
a rate above or below the rates established by the board of
supervisors.
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09-66
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Sec. 15-196. Same--Enumerated; special discount for elderly
passengers and disabled passengers.
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(a) Taxicab drivers shall charge passengers:
For the first one-fifth mile $2.50
For each succeeding one-fifth mile .0.50
For each 80 seconds of waiting time 0.50
For each additional passenger over one (children
six years of age or younger, when accompanying a
fare-paying passenger, shall not be deemed
additional passengers) 1.00
Waiting time is (i) the time the taxicab is stopped or moving
at a speed less than 15 miles per hour, (ii) the time the
taxicab is waiting for a passenger beginning five minutes
after the time of arrival and (iii) the time consumed while a
taxicab stands at the direction of the passenger. Waiting
time shall not include, and no charge shall be made, for the
time a taxicab loses on account of inefficiency, breakdowns,
or premature response to a call. No taxicab shall charge for
mileage while charging waiting time.
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(2) .That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were none.
20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
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There were no speakers at this time.
21. ADJOURNMENT
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adjourned at 7:49 p.m. to February 10, 2009, at 12:00 p.m.
for a meeting with representatives of Saint Francis Medical
Center in the Community Room of the Cancer Institute at the
Saint Francis Medical Center Campus.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
na
J s J.L. t gmaie
o ty Administrator
Arthur S. Warren
Chairman
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