2009-03-11 MinutesBOARD OF SUPERVISORS
MINUTES
March 11, 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
School Board Members in
Attendance:
Mr. Marshall Trammell Jr.,
Chairman
Mr. David Wyman, Vice Chrm.
Ms. Patricia Carpenter
Ms. Diane Pettitt
Dr. Marcus Newsome, Supt.
of Schools
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. Alan 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
Mr. Will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Colonel Thierry Dupuis,
Police Department
Mr. Robert Eanes, Asst. to
the County Administrator
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,
Dep. County Administrator,
Management Services
Mr. Rob Key, Director,
General Services
Ms. Kathy Kitchen, Asst.
Superintendent 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
Ms. Chris Ruth, Asst. Dir.,
Public Affairs
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Chief Edward Senter,
Fire Department
Ms. Sarah Snead, Dir.,
Social Services
Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
Mr. Scott Zaremba, Asst.
Dir., Human Resource
Management
Mr. Warren called the regularly scheduled meeting to order at
3:08 p.m.
1. APPROVAL OF MINUTES FOR FEBRUARY 25, 2009
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the minutes of February 25, 2009, as submitted.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
Mr. Stegmaier provided an update on the progress of the
Richmond Kickers - Poseidon Swim Club Project, which has been
delayed for approximately six months to allow for additional
fundraising efforts.
Mr. Stegmaier recognized the Purchasing Department for
attaining its recertification of the National Institute of
Governmental Purchasing's (NIGP) Outstanding Agency
Accreditation Achievement Award for excellence in public
procurement.
Mr. Stegmaier recognized the Waste and Resource Recovery
Department for attaining ISO 14001 certification.
Mr. Rick Weeks, Deputy Director of the Virginia Department of
Environmental Quality, recognized the Falling Creek Waste
Water Treatment Plant team for attaining the DEQ's Exemplary
Environmental Enterprise (E3) certification. He presented
the team with a plaque and a flag.
3. BOARD MEMBER REPORTS
Mr. Holland stated a Dale District Community Meeting to
discuss the budget is scheduled for March 17, at 7:00 p.m. at
the Meadowdale Library.
Ms. Durfee stated two Matoaca District Community Meetings are
scheduled for March 12, at 7:00 p.m. at Matoaca Middle School
and March 19, at 7:00 p.m. at Bailey Bridge Middle School, to
discuss the county's budget.
Ms. Jaeckle stated two Bermuda District Community Meetings
are scheduled for March 24, at 7:00 p.m. at Thomas Dale High
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School and March 26, at 2:00 p.m. at the Enon Volunteer Fire
Station, to discuss the county's budget.
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Mr. Gecker expressed appreciation for Mr. Waller attending
the Board meeting. He stated a Midlothian District Community
Meeting is scheduled on March 23, at 7:00 p.m. at Midlothian
Middle School, to discuss the county's budget.
Mr. Warren stated he will be meeting on March 18 with the
Clover Hill High School PTA and Ms. Pettitt. He further
stated a Clover Hill District Town Meeting has been scheduled
on March 30, at 7:00 p.m. to discuss the proposed zip code
changes as well as the county budget.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
There were no requests at this time.
5. RESOLUTIONS
5.A. RECOGNIZING THE NOTEWORTHY ACHIEVEMENTS OF DR. EUGENE
P_ TRnNT
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Ms. Ruth introduced Dr. Eugene P. Trani who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Eugene P. Trani, Ph.D, is president of Virginia
Commonwealth University in Richmond, Virginia; and
WHEREAS, Dr. Trani became the fourth president of VCU in
1990; and
WHEREAS, During Dr. Trani's tenure as president, VCU has
significantly expanded its physical presence, as well as the
important role of the university and its health system in the
Richmond Metropolitan Area; and
WHEREAS, VCU offers more than 205 undergraduate,
graduate, professional, doctoral and post-graduate degree and
certificate programs; and
WHEREAS, more than 32,000 students and 17,000 faculty
and staff comprise the VCU family; and
WHEREAS, VCU currently enrolls more than 2,700
Chesterfield County residents in its undergraduate programs;
and
WHEREAS, Dr. Trani also created VCU's School of
Engineering, in which a high percentage of the students are
Chesterfield County residents; and
WHEREAS, VCU's Business School, which Dr. Trani helped
prosper and grow, also attracts many Chesterfield County
residents; and
WHEREAS; the VCU Health System provides a wide array of
medical services, along with Central Virginia's only Level 1
Trauma Center; and
WHEREAS, The Virginia BioTechnology Research Park is a
thriving incubator for companies working in pharmaceutical
development, medical diagnostics and devices, biomedical
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engineering, environmental biosciences, forensics and
laboratory services; and
WHEREAS, July 1, 2008 marked VCU's 40th anniversary; and
WHEREAS, for nearly two decades, Dr. Trani has been a
driving force in the continued viability and leadership role
that VCU has enjoyed in the region and the state; and
WHEREAS, Dr. Trani has announced his intention to retire
from VCU effective July 1, 2009.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 11th day of March 2009,
hereby publicly recognizes the noteworthy achievements of Dr.
Eugene P. Trani, expresses its gratitude for his exemplary
accomplishments for the region and the Commonwealth of
Virginia, and extends best wishes to him for a long and happy
retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Dr. Trani, 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.
The members of the Board congratulated Dr. Trani on his many
accomplishments.
Dr. Trani expressed appreciation for the support of
Chesterfield County for VCU.
6. WORK SESSIONS
6.A. FY2010 PROPOSED BUDGET INCLUDING THE SCHOOL BOARD'S
PROPOSED BUDGET PRESENTATION, COUNTY ADMINISTRATOR'S
PROPOSED BUDGET PRESENTATION, AND RECOMMENDATIONS OF
THE CITIZEN'S BUDGET ADVISORY COMMITTEE
SCHOOL BOARD
Dr. Newsome presented an overview of budget highlights from
the School Board's approved FY2010 financial plan. He
reviewed the school system's mission and goals for FY2010.
He then reviewed the accomplishments of the school system to
include having 100 percent accreditation of all of the
schools; 43 schools receiving the Virginia Index of
Performance award; and 10 schools earning the Governor's
Award for Education Excellence. He presented the budget
process which included departments/schools developing budget
requests based on 20 percent reductions; Budget Advisory
Committee reviewing options and making recommendations; and
the Superintendent reviewing recommendations and working with
the Finance staff to develop a balanced budget. He reviewed
the budget challenges for the school system; budget revision
highlights; and the budget at a glance. He then reviewed a
summary of the programs eliminated from the budget due to the
funding reductions at state and local levels. He stated the
federal stimulus funding is for two years and plans must be
put into place to ensure the system does not face a similar
crisis when these funds are no longer available.
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Mr. Warren expressed appreciation for Dr. Newsome's
leadership during the difficult times that lie ahead.
Mr. Holland expressed appreciation for Dr. Newsome's
presentation.
In response to Ms. Jaeckle's concerns regarding Title 1
funding, Dr. Newsome stated the Title 1 funds from the
stimulus package are not included in the budget report. He
further stated the school system has some time to see how to
effectively sustain the work once the grant is up. He stated
the purpose of the Title 1 funding is to bring personnel into
the school system to assist with learning. He further stated
the schools understand the funding for these positions is
temporary.
In response to Ms. Durfee's question, Dr. Newsome stated the
school system is receiving $20 million in stabilization
funding targeted to the classrooms. He further stated
initially there was discussion about construction funding
which was not addressed by the stimulus package.
Mr. Holland expressed appreciation to Dr. Newsome for the
presentation and stated this is a challenging year for
balancing the budget.
In response to Mr. Holland's concerns, Dr. Newsome stated the
budget does not increase or decrease funding for the
Technical Center, so no programs will be affected.
Mr. Holland expressed concerns relative to eliminating the
reading specialist positions in the school system.
Dr. Newsome stated a portion of the Title 1 funding will be
used to allow schools to address the needs of students who
need extra help with reading.
In response to Ms . Durfee' s question, Dr. Newsome stated the
school system is still trying to understand the complexity of
the stimulus funding. He further stated similar school
systems across the Commonwealth are having to eliminate money
from their budgets and he has heard of a school system which
will have to close schools.
In response to Ms. Durfee's question, Dr. Newsome stated the
Governor released information concerning the budget in
December, which affected the number of support positions.
In response to Mr. Gecker's question, Ms. Kitchen stated the
state held back the second half of the stimulus funds, which
the schools will receive a year from now. She further stated
she feels it will take the state a while to recover.
Mr. Gecker stated the expectation is for funding to increase
in the next 3 to 5 years but not a substantial amount which
is needed to fund the school division. He further stated the
alternative is to see more local funding which would have to
increase real estate tax levels to between $1.05 and $1.07.
He stated a number of the cuts made to the budget are not
sustainable, such as not purchasing textbooks. He inquired
how the county is going to increase revenue and stated public
dialogue is needed to discuss how the county is going to fund
the schools in the future.
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Dr. Newsome stated the State Code requires the superintendent
to present a budget to represent the needs of the school
district, but instead he presented a budget based on
anticipated revenue.
Mr. Gecker stated the revenue forecast for 2010 is a decrease
in revenue again, and an open dialogue needs to be maintained
in order to reach the goals of the county.
Ms. Durfee stated the school system needs to look at their
critical needs and project how to move forward. She further
stated it is very important to have dialogue between the
School Board and the Board of Supervisors. She stated the
Board is dedicated to the fiscal responsibility side of the
budget.
Dr. Newsome stated the School Board intends to look at more
efficient ways to run the schools. He further stated he is
very proud of the way the school system spends allocated
taxpayers' dollars.
Ms. Jaeckle stated the government needs to be more
accountable to the public.
Mr. Warren expressed appreciation to Dr. Newsome for the
presentation. He stated the school system is one of the
reasons Chesterfield County has been selected one of the best
places to raise children, and the future is based on how well
we educate our children. He further stated he looks forward
to the Board of Supervisors and the School Board meeting
together this Spring for an opportunity to reflect and look
toward the future.
COUNTY ADMINISTRATOR'S PROPOSED FY2010 BUDGET
Mr. Carmody presented a summary of the County Administrator's
proposed FY2010 overall budget. He discussed budget goals
and the manner in which to accomplish them, which include
evaluation of county programs and services, including
community input; reshaping of general government operations,
placing a focus on the highest priority services; and
implementation of changes that are sustainable. He reviewed
the budget priorities, including education and public safety;
limiting tax burden on residents; a focus on employees; and
identifying recurring savings. He then reviewed the budget
development process and the growing economic uncertainty. He
stated the FY2010 proposed budget tax rates are unchanged
from last year. He reviewed FY2010 revenues; State impacts
on the proposed FY2010 budget; proposed expenditure
reductions; FY2010 consolidated budget; general fund
expenditures; a summary of budget reductions; and expenditure
growth trends. He provided details of the FY2010 budget
highlights from Public Safety, Community Development, Human
Services, and Management Services. He reviewed the
challenges that lie ahead for FY2010 and beyond.
Mr. Gecker expressed appreciation to Mr. Carmody and the
Budget staff, who were invaluable to the process.
Ms. Durfee expressed appreciation to Mr. Carmody for the open
dialogue maintained throughout the budget process.
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Mr. Carmody stated the Citizens Budget Advisory Committee has
been great to work with.
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Mr. Holland expressed appreciation to Mr. Carmody for all of
the hard work he put into the process.
Mr. Carmody introduced Mr. Gary Armstrong, the Chairman of
the Citizens Budget Advisory Committee.
Mr. Armstrong expressed appreciation to the Budget staff for
being very respectful and responsive to the Committee. He
stated the Committee was given a good understanding of the
budget. He provided details of the background of the
Committee; objectives; budget process findings; Capital
Improvement Program recommendations; and general fund budget
recommendations.
Mr. Warren expressed appreciation to the members of the
Citizens Budget Advisory Committee. He stated volunteers
help provide for a more efficient government.
Mr. Holland requested input from the Committee on capital
facilities, tax rate structure, and efficiencies.
Members of the Citizens Budget Advisory Committee were
introduced.
Ms. Jaeckle stated she has heard nothing but accolades from
Administration and Budget about the Committee.
Ms. Durfee expressed appreciation for the amount of work the
Committee has put into the recommendations. She stated the
recommendations on the Capital Improvement Project are a
great reason to hold a joint Board of Supervisors/School
Board meeting to delve into the individual projects and put
criteria together for which projects are necessary at this
time.
Mr. Stegmaier expressed appreciation for the members of the
Citizens Budget Advisory Committee. He stated the community
will benefit immeasurably from the effort they have put into
the budget.
7. DEFERRED ITEMS
7.A. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDING THE
COUNTY CODE RELATING TO CRIME PREVENTION THROUGH
ENVIRONMENTAL DESIGN
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Colonel Dupuis requested the Board set a public hearing to
consider amending the County Code relating to Crime
Prevention Through Environmental Design for April 15, 2009,
which would allow the community to have an opportunity for
input.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
set April 15, 2009, at 6:30 p.m. for a public hearing to
consider amending the County Code relating to crime
prevention through environmental design.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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8. NEW BUSINESS
8.A. STREETLIGHT INSTALLATION COST APPROVALS
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved the following streetlight installations in the Dale
District:
• At the intersection of Bluffside Drive and Conifer Road
Cost to install streetlight: $688.10
• On Dalebrook Drive, in the vicinity of 7120/7200
Cost to install streetlight: $589.08
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8.B.l.a. RECOGNIZING MARCH 2009, AS "PURCHASING MONTH"
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the purchasing and materials management
profession has a significant role in the quality, efficiency
and profitability of business and government throughout the
United States; and
WHEREAS, the purchasing and materials management
profession works for private and public, and profit and
nonprofit organizations; and
WHEREAS, in addition to the purchase of goods and
services, the purchasing and materials management profession
engages in or has direct responsibility for functions such as
executing, implementing and administering contracts;
developing forecast and procurement strategies; supervising
and/or monitoring the flow and storage of materials; and
developing working relations with suppliers and with other
departments within the organization; and
WHEREAS, the purchasing and materials management
profession has tremendous influence on the economic
conditions in the United States, with an accumulative
purchasing power running into the billions of dollars; and
WHEREAS, purchasing or procurement operations range from
departments of one person to several thousand; and
WHEREAS, governmental purchasing and other associations
around the world are sponsoring activities and special events
to further educate and inform the general public on the role
of purchasing within business, industry and government.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes the month of
March 2009, as "Purchasing Month" in Chesterfield County and
encourages all citizens to join in commemorating this
observance.
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Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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8.B.l.b. RECOGNIZING THE WORK OF THE STATE'S VIRGINIA
SESQUICENTENNIAL (150TH ANNIVERSARY) OF THE
AMERICAN CIVIL WAR COMMISSION AND CHESTERFIELD
COUNTY'S SESQUICENTENNIAL COMMITTEE
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors of Chesterfield
County, Virginia, is dedicated to the furtherance of economic
development and tourism in Chesterfield County; and
WHEREAS, the Virginia Sesquicentennial of the American
Civil War Commission was created in 2006 by the General
Assembly for the purpose of preparing for and commemorating
the 150th anniversary of Virginia's participation in the
American Civil War, from 2011-2015; and
WHEREAS, the Commission has requested that each locality
form a sesquicentennial committee to aid in planning for the
commemoration period; and
WHEREAS, Chesterfield County has answered the call of
the state commission and formed a committee in 2008,
according to the state's specifications, and was one of the
first localities in Virginia to form a sesquicentennial
committee; and
WHEREAS, the sesquicentennial committee is actively
planning and coordinating a broad range of activities,
including educational activities, improvements to the
county's Civil War sites, special events and other programs
to commemorate this important anniversary; and
WHEREAS, Chesterfield County has a wealth of sites and
artifacts relating to our Civil war history, including two
National Park Service sites, Drewry's Bluff and Parker's
Battery; twenty county-managed sites; a collection of more
than 4,000 artifacts and 15,000 books, manuscripts, photos
and maps maintained at Castlewood by the Chesterfield
Historical Society; and
WHEREAS, Chesterfield County encompasses. many miles of
Lee's Retreat; and
WHEREAS, since Chesterfield County boasts such an
impressive Civil~War inventory, it is appropriate that the
county provide opportunities for students, residents and
tourists to remember, revisit and learn from the events of
the Civil War; and
WHEREAS, the goal of the committee is to commemorate the
Sesquicentennial of the American Civil war through
educational and interpretative opportunities as well as to
educate citizens and visitors about the vast history of
Chesterfield County, ranging from the founding of the second
permanent English settlement at Henricus in 1611 to the Civil
War and beyond; and
WHEREAS, the committee's approach is multi-faceted and
will include many different objectives, including increasing
heritage tourism through enhanced marketing and publicity;
and increasing visitation at county sites and special events
during the Civil War Sesquicentennial; and
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WHEREAS, a primary objective is to educate area
residents about their rich history; and to educate area
students about the significant role Chesterfield County has
played in the development of our state and country; and
WHEREAS, the committee also desires to raise awareness
about Henricus Historical Park and its part in our local,
state and national history through educational programs and a
special event to commemorate the 400 years of history at the
site in 2011; and
WHEREAS, providing signage and legacy projects that will
have a lasting impact for future generations; generating more
interest in our historic and cultural resources to ensure
that they are preserved; providing more accessible and
better-interpreted sites; and creating and cultivating
partnerships with the National Park Service, Richmond
Metropolitan Convention and Visitors Bureau, Petersburg Area
Regional Tourism and other organizations and foundations that
promote heritage tourism are other significant objectives of
the committee; and
WHEREAS, the Board of Supervisors wishes to support this
endeavor with the Commission to promote and commemorate this
important historic milestone.
NOW, THEREFORE, BE IT RESOLVED that the -Board of
Supervisors of Chesterfield County, Virginia, this 11th day
of March 2009, hereby declares its commitment to support the
Virginia Sesquicentennial of the American Civil War
Commission and its efforts to commemorate the 150th
anniversary of Virginia's participation in the American Civil
War, and recognizes and thanks all of the committee members
for their important work to accomplish this important
undertaking, now and through 2015.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.i.c. RECOGNIZING THE REVEREND DR. JOSEPH H. GOODE ON
THE OCCASION OF HIS 75TH BIRTHDAY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, The Reverend Dr. Joseph H. Goode is a resident
of the Matoaca Magisterial District in Chesterfield County,
Virginia; and
WHEREAS, The Reverend Dr. Goode celebrated his 75th
birthday on March 5, 2009; and
WHEREAS, The Reverend Dr. Goode has devoted his time and
talents over many years to numerous worthy causes in the
county and the region; and
WHEREAS, these have included the National Baptist
Convention Corp., Inc. and the Bethany Baptist Association,
of which he is now president; and
WHEREAS, The Reverend Dr. Goode has been a member of the
Chesterfield County Chapter of the NAACP and the United
Churches of Dinwiddie; and
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WHEREAS, The Reverend Dr. Goode has been a member of the
Prince Hall Masons Eureka Lodge Number 15 and the
Chesterfield County Task Force on Substance Abuse; and
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WHEREAS, The Reverend Dr. Goode served as chairman of
the Precinct to Elect Jesse J. Mayes to the Board of
Supervisors of Chesterfield County; and
WHEREAS, The Reverend Dr. Goode also is a past member of
the Executive Board of the Lott Carey Foreign Mission and has
served as a member of the Youth Service Commission; and
WHEREAS, The Reverend Dr. Goode has accumulated many
honors and awards in recognition of his exemplary community
service, including a Certificate of Appreciation from the
Petersburg Police Department and Certificates of Recognition
from Southside Counseling and the Clinical Pastoral Service;
and
WHEREAS, The Reverend Dr. Goode was cited as "A
Magnificent Man of Troas" from 1976-1980 and awarded a
Certificate of Distinction; and
WHEREAS, in all these many ways, The Reverend Dr. Goode
has made Chesterfield County and this part of Central
Virginia a better place through the many gifts of his caring
for others.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
Board of Supervisors hereby congratulates the Reverend Dr.
Joseph H. Goode on the occasion of his 75th birthday, thanks
him for his many contributions, and extends best wishes for
continued health and success.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.2. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT
FUNDS FROM THE FEDERAL .EMERGENCY MANAGEMENT AGENCY
AND THE DEPARTMENT OF HOMELAND SECURITY, FY2008
ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM
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On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Fire and EMS Department to receive and
appropriate $136,752 in grant funds from the Federal
Emergency Management Agency (FEMA) and the Department of
Homeland Security (DHS), FY2008 Assistance to Firefighters
Grants (AFG) program.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.3. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
BERMUDA, CLOVER HILL, DALE, MATOACA AND MIDLOTHIAN
DISTRICT IMPROVEMENT FUNDS TO THE SCHOOL BOARD FOR
POST-PROM CELEBRATIONS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
transferred $1,900 from the Bermuda District Improvement
Fund, $2,900 from the Clover Hill District Improvement Fund,
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$l, 900 from the Dale
the Matoaca District
Midlothian District
County School Board
celebrations, subjec
papers of this Board.
District Improvement Fund, $2,900 from
Improvement Fund, and $2,400 from the
Improvement Fund to the Chesterfield
for drug- and alcohol-free post-prom
t to the conditions described in the
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.4. STATE ROAD ACCEPTANCE
On motion of Mr. Gecker, seconded by Mr. Holland, 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: Davis Tract
Type Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Rivington Drive, State Route Number 1570
From: 0.05 mile east of Edenshire Rd., (Rt. 1589)
To: Branders Creek Dr., (Rt. 5909), a distance of: 0.25 miles.
Recordation Reference: Db. 7894, Pg. 811
Right of Way width (feet) = 60
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
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Street Requirements of the Virginia Department of
Transportation.
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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: Brandy Oaks Section 10
Type Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia X33.1-229
Street Name and/or Route
• Brandy Oaks Boulevard, State Route Number 7368
From: Springford Py., (Rt. 659)
To: Beachcrest Terrace, (Rt. 7369), a distance of: 0.08 miles.
Recordation Reference: Pb 160, Pg 39
Right of Way width (feet) = 70
• Beachcrest Terrace, State Route Number 7369
From: Brandy Oaks Bl., (Rt. 7368)
To: Cul-de-sac, a distance of: 0.12 miles.
Recordation Reference: Pb 160, Pg 39
Right of Way width (feet) = 50
To: Cul-de-sac, a distance of: 0.27 miles.
Recordation Reference: Pb 160, Pg 39
Right of Way width (feet) = 70
• Brandy Oaks Boulevard, State Route Number 7368
From: Beachcrest Terrace, (R. 7369)
• Beachcrest Road, State Route Number 7370
From: Brandy Oaks B1., (Rt. 7368)
To: Beachcrest Ct., (Rt. 7371), a distance of: 0.14 miles.
Recordation Reference: Pb 160, Pg 39
Right of Way width (feet) = 50
• Beachcrest Court, State Route Number 7371
From: Beachcrest Rd., (Rt. 7370)
To: Cul-de-sac, a distance of: 0.21 miles.
Recordation Reference: Pb 160, Pg 39
Right of Way width (feet) = 50
• Beachcrest Place, State Route Number 7372
From: Beachcrest Rd., (Rt. 7370)
To: Cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Pb 160, Pg 39
Right of Way width (feet) = 50
• Beachcrest Road, State Route Number 7370
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From: Beachcrest P1., (Rt. 7372)
To: Cul-de-sac, a distance of: 0.30 miles.
Recordation Reference: Pb 160, Pg 39
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: Hancocks Quarter
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
• Hancocks Quarter Lane, State Route Number 7318
From: 0.01 mile northwest of Foxcreek Crossing, (Rt. 7297)
To: Friesian Terrace,(Rt. 7383), a distance of: 0.05 miles.
Recordation Reference: Pb 174, Pg 71
Right of Way width (feet) = 62
• Friesian Terrace, State Route Number 7383
From: Hancocks Quarter Ln.,(Rt. 7318)
To: Cul-de-sac, a distance of: 0.15 miles.
Recordation Reference: Pb 174, Pg 71
Right of Way width (feet) = 44
• Epaulet Court, State Route Number 7382
From: Hancocks Quarter Ln., (Rt. 7382)
To: Cul-de-sac, a distance of: 0.08 miles.
Recordation Reference: Pb 174, Pg 71
Right of Way width (feet) = 44
• Hancocks Quarter Lane, State Route Number 7318
From: Epaulet Ct., (Rt. 7382)
To: Stile Gate Tr., (Rt. 7384), a distance of: 0.08 miles.
Recordation Reference: Pb 174, Pg 71
Right of Way width (feet) = 44
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• Stile Gate Terrace, State Route Number 7384
From: Hancocks Quarter Ln., (Rt. 7318)
To: Cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Pb 174, Pg 71
Right of Way width (feet) = 44
^i
• Stile Gate Terrace, State Route Number 7384
From: Hancocks Quarter Ln., (Rt. 7318)
To: Cul-de-sac, a distance of: 0.09 miles.
Recordation Reference: Pb 174, Pg 71
Right of Way width (feet) = 44
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.5. SET DATE FOR PUBLIC HEARING TO CONSIDER THE
ABANDONMENT OF PORTIONS OF STATE AVENUE
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
Resolution of Chesterfield County's intention to consider a
Resolution and Order to abandon portions of State Avenue,
State Route 698.
Pursuant to Section 33.1-151 of the Code of Virginia, 1950,
as amended, be it resolved that the Chesterfield County Board
of Supervisors hereby gives notice that at a regular meeting
to be held on April 15, 2009, at 6:30 p.m. it will consider a
Resolution and. Order to abandon portions of State Avenue,
State Route 698, a distance of 0.06 miles, since they serve
no public necessity and are no longer necessary as a part of
the secondary system of State Highways.
Accordingly, the Clerk of the Board shall send a copy of this
Resolution to the Commonwealth Transportation Commissioner
thereof. The clerk shall further cause to be published and
posted the required notices of the Board's intention to
abandon portions of State Avenue, State Route 698.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.6. ACCEPTANCE OF PARCELS OF LAND
8.B.6.a. ALONG WINTERPOCR ROAD AND BEACH ROAD FROM BETHIA
UNITED METHODIST CHURCH
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of three parcels of land containing a
total of 0.6412 acres along Winterpock Road and Beach Road
from Bethia United Methodist Church and authorized the County
Administrator to execute the deed. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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8.B.6.b. FOR PORT WALTHALL COURT FROM SABRA DIPPING
COMPANY, LLC
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 Sabra Dipping Company, LLC
and authorized the County Administrator to execute the deed.
(It is noted a copy of the plat is f filed with the papers of
this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.B.7. DESIGNATION OF RIGHT OF WAY FOR COALFIELD ROAD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
designated right of way for Coalfield Road and authorized the
County Administrator to execute the declaration. (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.8. CONVEYANCE OF AN EASEMENT TO SOUTHSIDE ELECTRIC
COOPERATIVE FOR UNDERGROUND CABLE TO PROVIDE SERVICE
TO THE CELL TOWER SITE AT LAKE CHESDIN PARK
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Southside Electric Cooperative for underground cable to
provide service to the cell tower site at Lake Chesdin Park.
(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.9. REQUEST FOR PERMISSION FROM DAVID W. MILLER AND
KATHLEEN C. MILLER TO INSTALL A PRIVATE WATER
SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY
ON OLD GUN ROAD WEST
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved the request for permission from David C. Miller and
Kathleen C. Miller to install a private water service within
a private easement, subject to the execution of a license
agreement and authorized the County Administrator to execute
the water connection 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.
9. REPORTS
9.A. 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. Holland, the Board
accepted the following report: a Report on Status of General
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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
C
Mr. George Beadles addressed the Board relative to the
congestion along Route 360 near Manchester Middle School.
11. DINNER WITH MEMBERS OF THE SCHOOL BOARD AT 5:00 P.M. IN
ROOM 502
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 School Board.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
RECONVENING:
12. INVOCATION
Deputy County Administrator Pete Stith gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Sean Cahoon led the Pledge of Allegiance to the
Flag of the United States of America.
14. RESOLUTIONS
14.A. RECOGNIZING MR. SEAN RAY CAHOON UPON ATTAINING THE
RANK OF EAGLE SCOUT
Ms. Ruth introduced Mr. Sean Ray Cahoon, who was present
along with members of his family, to receive his resolution.
On motion of Mr. Warren, seconded by Mr. Gecker, 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
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. Sean Ray Cahoon, Troop 2806, sponsored by
Woodlake United Methodist Church, has accomplished those high
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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 his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Sean 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 11th day of March 2009,
hereby extends its congratulations to Mr. Sean Ray Cahoon 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.
Mr. Warren presented the executed resolution and badge to Mr.
Cahoon, congratulated him on his achievements and wished him
well in future endeavors.
Mr. Cahoon provided details of his Eagle Scout project and
expressed appreciation to his mother for her support.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Freddy Boisseau addressed the Board relative to the
county's request for federal funds and the need for these to
be funded at the local level.
Mr. William Brooks addressed the Board relative to a citation
he received for having three adult dogs in the county. He
requested the Board grant him a waiver which would allow him
to keep all of his dogs.
Ms. Sheila Gilliam addressed the Board relative to her father
being cited for having three adult dogs and requested the
Board grant him a waiver which would allow him to keep all of
his dogs.
Ms. Brenda Stewart addressed the Board regarding the
inequities in the real estate assessment trends throughout
the county.
Ms. Durfee expressed appreciation to Chief Senter for the
Fire Department's efforts relating to the fires off of
Cattail Road.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS
NO OPPOSITION - CASES WHERE THE APPLICANT DOES NOT
ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC
OPPOSITION WILL BE HEARD AT SECTION 18
08SN0286
In Midlothian Magisterial District, VICTORY LADY requests
Conditional Use and amendment of zoning district map to
permit a computer-controlled, variable message, electronic
sign in a Community Business (C-3) District on 1.9 acres
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fronting approximately 220 feet on the north line of
Midlothian Turnpike, approximately 630 feet west of Robious
Road. The density will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general commercial use. Tax ID
749-709-1045.
0
Mr. Turner stated Mr. Gecker is requesting deferral of Case
08SN0286 to allow the Planning Commission time to work
through the Electronic Message Center Policy.
Mr. Warren called for public comment.
Mr. Bob Olsen requested Case 08SN0286 be remanded to the
Planning Commission due to zoning violations on the property
which need to be addressed.
There being no one else to address the request, the public
hearing was closed.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
deferred Case 08SN0286 until July 22, 2009.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
09SN0146
In Bermuda Magisterial District, ANIL PATEL DSRA, LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) to Community Business (C-3) on 13.4 acres
fronting approximately 800 feet on the east line of Briggs
Road across from Weir Road. The density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for commercial
uses. Tax IDs 800-652-1292 and 4578; 800-653-2911 and Part of
4668; and 800-654-Parts of 2613 and 5211.
Mr. Turner presented a summary of Case 09SN0146 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. Derek Johnson, the applicant's representative, accepted
the recommendation.
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 Mr. Warren, the Board
approved Case 09SN0146 and accepted the following proffered
conditions:
The applicant does hereby voluntarily proffer, as the owner
of record of the property (the "Property") consisting of
parcels 800-652-1292, 800-652-4578, 800-653-2911, 800-654
part of 5211, 800-653 part of 4668, 800-654 part of 2613,
which is the subject of this rezoning request, that the
development of the property shall be in strict accordance
with the following conditions set forth in this submission:
1. Except for timbering approved by the Virginia Division
of Forestry for the purposes of removing dead and
diseased trees, there shall be no timbering on the
property until a Land Disturbance Permit has been
obtained from the Department of Environmental
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03/11/09
Engineering and the approved devices have been
installed. (EE)
2. The public water and wastewater systems shall be used.
(U)
3. If vehicular access is provided from the Property to the
adjacent properties to the north, such access shall be
limited. The access shall be designed and constructed
to allow traffic to only travel south from those
adjacent properties through the subject property, and
shall preclude traffic from traveling north from the
subject Property to those adjacent properties. (T)
4. Prior to any site plan approval, a sixty (60) foot wide
right-of-way from Briggs Road to the adjacent parcels
(Tax Ids 800-652-7076 and 800-650-2167) to the east and
south shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County. The location of
this right-of-way shall be as generally depicted on the
sketch entitled "Schematic Plan of Proposed R/W
Dedication" dated 1-15-09, and labeled as "Public Access
Road Extension". The exact location of this right-of-
way shall be approved by the Transportation Department.
(T)
5. The developer shall be responsible for the following
road improvements. The exact design and length of these
improvements shall be approved by the Transportation
Department:
a. Construction of additional pavement along the
westbound lanes of Weir Road at its intersection
with Jefferson Davis Highway (Route 1) to provide a
separate left-turn lane.
b. Construction of additional pavement along the
northbound lanes of Route 1 at its intersection
with Weir Road to provide a separate right-turn
lane.
c. Full cost of traffic signalization modifications at
the Weir Road/Route 1 intersection to accommodate
the required road improvements.
d. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the road improvements.
These road improvements shall be constructed as follows:
1) prior to the issuance of any occupancy permits, the
road improvements identified in Proffered Condition 5.a,
c and d shall be completed; and 2) prior to issuance of
occupancy permits for a cumulative total of more than
200 hotel rooms and 75,000 square feet of general
office, or equivalent traffic generation as determined
by the Transportation Department, the road improvements
identified in Proffered Condition 5.b, c and d shall
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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17. PUBLIC HEARINGS
17.A. TO CONSIDER AMENDING SECTION 17-73 OF THE SUBDIVISION
ORDINANCE AS IT RELATES TO STATE ACCEPTANCE OF
SUBDIVISION ROADS
Mr. Stith stated this date and time had been advertised for a
public hearing for the Board to consider amending Section 17-
73 of the Subdivision Ordinance as it relates to state
acceptance of subdivision roads.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
In response to Mr. Gecker's question, Mr. McElfish stated
staff does not have a problem with the provision added by the
Planning Commission.
I~Ir. Micas stated the provision added by the Planning
Commission is enforceable.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved the following amendment to the Subdivision
Ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 17-73 OF THE SUBDIVISION
ORDINANCE RELATING TO ACCEPTANCE OF SUBDIVISION
STREETS INTO THE STATE SYSTEM OF MAINTENANCE,
SURETY REQUIREMENTS AND EXCEPTIONS RELATING THERETO
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 17-73 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 17-73. Installation of improvements and bonding.
(a) Prior to record plat approval, after all other required
approvals are obtained, all improvements shown on the
approved construction plans shall be completed to the
satisfaction of the directors of environmental
engineering and utilities, at the expense of the
subdivider. In lieu of actual completion of the required
improvements, the subdivider may record a plat by
furnishing to the director of environmental engineering
surety in the form approved by the county attorney's
office consisting of:
(1) A certified check;
(2) Cash escrow;
(3) A surety bond; or
(4) A bank's letter of credit.
The amount of the surety shall be sufficient to cover the
costs and guarantee the installation and completion of all
required improvements. The surety amount shall be approved by
the director of environmental engineering based upon unit
prices for new construction in the county. The surety may
also include a reasonable allowance for estimated
administrative costs, inflation and potential damage to
09-143
03/11/09
existing streets or utilities which shall not exceed 25
percent of the estimated construction costs. If the
subdivider proceeds by this method, the subdivider shall
install and complete the required improvements to the
satisfaction of the director of environmental engineering
subject to the following conditions:
(1) The streets shall be accepted into the state system
not more than two years after the date of plat
recordation.
(2) No more than 60 percent of the building permits in
any recorded section of a residential or
residential townhouse subdivision shall be issued
until the paving requirements in that section have
been completed.
(3) Except as provided in subsection (4) below, no more
than 90 percent of the building permits in any
section of a residential or residential townhouse
subdivision shall be issued until the streets have
been constructed to state standards and accepted
into the state system as applicable.
(4) A subdivider that initially provides surety in an
amount equal to 125 percent of the cost of all the
improvements shown on the approved construction
plans shall be eligible to have 100 percent of the
building permits in a residential or residential
townhouse subdivision released prior to the streets
having been completed and accepted into the state
system. In addition, the subdivider must waive, by
contract, its right to partial releases of the
surety as provided under subsection (b) of this
section and Code of Virginia, § 15.2-2241; instead,
the subdivider will be entitled to only one partial
release of not more that 40 percent of its surety
available once 90 percent of the building permits
in any section have been issued.
(5) An extension may be approved by the director of
environmental engineering to conditions one and
three. The person requesting an extension may
appeal the director's decision to the Planning
Commission which shall render a decision upon the
appeal within two months after the date of the
Commission's first hearing on the matter unless the
requester consents to action beyond such time or
withdraws his appeal.
(b) Surety reductions, as approved by the director of
environmental engineering may be made in a cumulative
amount of not more than 90 percent of the total cost of
satisfactorily completed required improvements. Surety
reductions based upon the percentage of improvements
completed may not occur before the completion of at
least 30 percent of the improvements.
The director of environmental engineering shall not
execute more than three surety reductions in any 12-month
period per bonded subdivision section.
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Upon final completion and acceptance of said
improvements in residential or residential townhouse
subdivisions with streets, the release of any remaining
surety shall be subject to the requirements of section 17-74.
For the purpose of final release, the term "acceptance" shall
be defined as the date of the meeting of the county's board
of supervisors (board), at which .the board is formally
advised of the street acceptance by VDOT and assignment of
the state route number(s).
u
Upon final completion and acceptance of said
improvements in residential townhouse subdivisions, the
release of any remaining surety shall be subject to
requirements of section 17-74. For the purpose of final
release the term "acceptance" shall be the date of the
written notice to the subdivider of the completion of the
required improvements to the satisfaction of the director of
environmental engineering.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
17.B. TO CONSIDER AMENDING THE ZONING ORDINANCE RELATING
TO THE PENALTY AND APPEAL PERIOD FOR VIOLATIONS
REGARDING THE NUMBER OF UNRELATED PERSONS IN SINGLE
FAMILY DWELLINGS
^~
r~
Mr. Turner stated this date and time has been advertised for
a public hearing for the Board to consider amending the
Zoning Ordinance relating to the penalty and appeal period
for violations regarding the number of unrelated persons in
single family dwellings.
In response to Mr. Gecker's question, Mr. Turner stated staff
supports raising the maximum fine amounts, but does not
support shortening the appeal process length to 10 days.
In response to Ms. Jaeckle's question, Mr. Turner stated
there are not many instances of fines actually being charged
on violations.
Ms. Durfee stated she is concerned with reducing the appeal
process timeframe from 30 days to 10 days.
Discussion evolved regarding the appeal process timeframe
being reduced from 30 days to 10 days.
In response to Mr. Warren's question, Mr. Turner stated there
were no speakers at the Planning Commission meeting on this
item.
Mr. Warren called for public comment.
Ms. Andrea Epps stated it is difficult for staff to enforce
this ordinance due to the difficulty in proving whether or
not someone is related.
There being no one else to address the request, the public
hearing was closed.
09-145
03/11/09
In response to Mr. Holland's question, Mr. Turner stated
there was no opposition at the Planning Commission meeting
and staff feels this ordinance is enforceable.
In response to Ms. Durfee's question, Mr. Turner stated the
Planning Commission felt adopting this ordinance would give
the judicial members more power to enforce problems when they
occur.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the following amendment to the Zoning Ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 19-5 RELATING TO THE FINES FOR
VIOLATIONS OF THE ORDINANCE REGARDING THE NUMBER OF UNRELATED
PERSONS IN A SINGLE-FAMILY RESIDENTIAL DWELLING
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-5 of the Code of the County of
Chesterfield, 1997, as amended, are amended and re-enacted to
read as follows:
Sec. 19-5. Enforcement.
0 0 0
(b) Penalties for violation; right of entry.
0 0 0
(3) b. For violations under (b)(2) above, if the
violation is uncorrected at the time of
conviction, the court shall order the violator
to abate or remedy the violation in compliance
with the zoning ordinance within a time period
established by the court. Failure to abate
the violation within the specified time period
shall be punishable by a fine of up to
$5,000.00 and any such failure during any
succeeding ten-day period shall constitute a
separate misdemeanor offense for each ten-day
period, punishable by a fine of up to
$7,500.00.
0 0 0
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Holland, and Durfee.
Nays: Gecker and Jaeckle.
17.C. TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC
ON RUFFIN MILL ROAD FROM ASHTON PARK DRIVE TO
RAMBLEWOOD ROAD
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider the restriction of
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through truck traffic on Ruffin Mill Road from Ashton Park
Drive to Ramblewood Road.
C
Mr. Warren called for public comment.
Mr. Freddy Boisseau, a resident of Ruffin Mill Road, spoke in
support of the restriction of through truck traffic on Ruffin
Mill Road due to safety concerns.
There being no one else to address this request, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors
received a request to restrict any through truck or truck and
trailer or semi-trailer combination except pickup or panel
trucks from using Ruffin Mill Road (Route 746) from Ashton
Park Drive to Ramblewood Road (Route 617); and
WHEREAS, the recommended alternate route is Ruffin Mill
Road (Route 746), Woods Edge Road (Route 620), Interstate 95,
West Hundred Road (Route 10), and Enon Church Road (Route
746); and
WHEREAS, Chesterfield County will use its good offices
for enforcement of the proposed restriction; and
WHEREAS, the Board has conducted a public hearing on the
restriction.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors requests the Virginia Department of
Transportation to restrict through truck traffic. on Ruffin
Mill Road (Route 746) from Ashton Park Drive to Ramblewood
Road (Route 617).
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
17.D. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF RIGHT-OF-WAY FOR THE WOOLRIDGE ROAD
WIDENING PROJECT ACROSS SWIFT CREEK RESERVOIR
^!~
Mr. McCracken stated this date and time has been advertised
for a public hearing for the Board to consider the exercise
of eminent domain for the acquisition of right-of-way for the
Woolridge Road Widening Project across Swift Creek Reservoir.
He stated Ms. Durfee and Mr. Warren had received an email
from Ms. Markham requesting a deferral of the item. He
stated staff recommended the Board proceed with the hearing.
He stated he expected there would be people who would speak
in opposition to the recommendation
Mr. Warren called for public comment.
Ms. Jo Pendergraph, an affected property owner, representing
her mother and the Jewett Family, referred to an email that
was sent to the Board members, which requested deferral of
the item.
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There being no one else to address the request, the public
hearing was closed.
In response to Ms. Durfee's question, Mr. McCracken stated
the county has received permission from several of the
affected property owners to move forward with the project.
Ms. Durfee stated at a community meeting last fall the
citizens were unsure of this project.
Mr. McCracken stated staff would continue to work with the
landowners to reach an agreement.
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
authorized the County Attorney to proceed with eminent domain
on the following parcels for the acquisition of right-of-way
and easements for the Woolridge Road Widening Project across
Swift Creek Reservoir: 1) J.J. Jewett et al, parcel
identified as 15451 Genito Road, GPIN 7166834476; 2) Bracey,
LLC, parcel identified as 14801 Genito Road, GPIN 7186858949;
3) Robert B. Reynolds and Constance G. Reynolds, no address
or GPIN; 4) Robert B. Reynolds and J.J. Jewett, parcel
identified as 4600 Woolridge Road, GPIN 7186838777; and 5)
Mary Susan Via, Acie Cecil Via, Jr. and Linda Jo Royster,
heirs at law of Acie Cecil Via, deceased, parcel identified
as 14729 Genito Road, GPIN 7196851957.
Mr. McCracken stated agreements have been reached with the
following property owners: Robert B. Reynolds and Constance
G. Reynolds and Via.
Ms. Durfee amended her motion, seconded by Mr. Warren, for
the Board to authorize the County Attorney to proceed with
eminent domain on the following parcels for the acquisition
of right-of-way and easements for the Woolridge Road Widening
Project across Swift Creek Reservoir: 1) J.J. Jewett et
al, parcel identified as 15451 Genito Road, GPIN 7166834476;
2) Bracey, LLC, parcel identified as 14801 Genito Road, GPIN
7186858949; 3) Robert B. Reynolds and J.J. Jewett, parcel
identified as 4600 Woolridge Road, GPIN 7186838777; and
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining Manufactured Home Permits or Zoning
requests.
19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Judy Stoneman addressed the Board relative to the budget
requests of the School Administration. She stated education
is not about how much money the school system can obtain, and
the waste in the school system needs to be eliminated.
J
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20. ADJOURNMENT
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On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adjourned at 7:30 p.m. to March 16, 2009 for a work session
at 4 p.m. in the Public Meeting Room.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
es J Stegm er
unty Administrator
Arthur S. Warren
Chairman
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