2009-10-14 MinutesBOARD OF SUPERVISORS
MINUTES
October 14, 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
Chief Learning Officer
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
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Colonel Thierry Dupuis,
Police Department
Ms. Karla Gerner, Dir.,
Human Resource Management
Mr. John W. Harmon,
Real Property Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Rob Key, Director,
General Services
Ms. Mary Lou Lyle, Acting
Deputy County Admin.,
Management Services
Mr. John McCracken, Dir.,
Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Mr. Jay Payne, Asst. to
Dep. County Administrator
Ms. Chris Ruth, Asst. Dir.,
Public Affairs
Chief Edward Senter,
Fire Department
Ms. Sarah Snead, Acting
Deputy County Admin.,
Human Services
Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
Mr. Kirk Turner, Dir.,
Planning
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1. APPROVAL OF MINUTES FOR SEPTEMBER 23, 2009
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the minutes for September 23, 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 to the Board regarding the
status of the postal zip code proposal and the next steps to
be taken by staff .
In response to Mr. Warren's request, Mr. Stegmaier stated
staff will provide the Board with a copy of the written
document outlining the items the post office is willing to
compromise on before it is submitted to the post office.
In response to Ms. Durfee's question, Mr. Stegmaier stated
the inquiries received by staff when presentations were made
to the citizens on the proposed zip code changes about the
Ettrick-Matoaca area have been included in the proposal being
sent to the post office.
Ms. Durfee stated the zip code 23838 extends all the way out
Hull Street Road and she has received concerns from citizens
who have to come to Chester to pick up packages at the post
office.
Mr. Stegmaier stated staff will add the concern regarding the
23838 zip code to the list which will be forwarded to the
post office. He further stated a plan was released from the
post office where they were looking at closing branch offices
as opposed to expanding them.
3. BOARD MEMBER REPORTS
Ms. Durfee stated she wanted to send prayers to the family
members of three Cosby High School students who were injured
during an accident at Lucky's Convenience Store.
Mr. Holland stated there are. two meetings scheduled in the
Dale District on the budget presentation, one on November 5
at the Meadowdale Library and the other on November 17 at
Salem Church Middle School.
Mr. Warren stated a community meeting on the H1N1 Influenza
has been held in the Clover Hill District. He further stated
another community meeting on the budget will be held on
November 16.
Ms. Durfee stated the Ettrick Clean Up Day was held in which
over 110 youths participated. She further stated the
Comprehensive Plan community meetings were held in the
Matoaca District and over 100 citizens attended the two
meetings.
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4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
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There were no requests at this time.
5. RESOLUTIONS
5.A. RECOGNIZING GATEWAY HOMES FOR EXEMPLARY EFFORTS IN THE
FIGHT AGAINST MENTAL ILLNESS
Ms. Ruth introduced Mr. Daniel Herr, Executive Director, and
Ms. Heather Parrish, Director of Development, for Gateway
Homes, who were present to receive the resolution.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, one in five people will experience mental
illness in their lifetime, or know someone personally who has
a mental illness; and
WHEREAS, the number one reason for hospital admissions
nationwide is a biological, psychiatric disorder; and
WHEREAS, more than 54 million Americans have a mental
disorder, although fewer than 8 million seek treatment; and
WHEREAS, it is estimated that up to one-third of those
individuals who experience homelessness have some form of
mental illness; and
WHEREAS, Gateway Homes of Greater Richmond is the only
nonprofit organization in Virginia that provides
transitional, residential treatment for adults with mental
illness; and
WHEREAS, Gateway Homes of Greater Richmond is located in
the Matoaca District on Reedy Branch Road; and
WHEREAS, Gateway Homes of Greater Richmond works to help
these individuals live as independently as possible; and
WHEREAS, residents of Gateway Homes participate in daily
educational and therapeutic psychosocial rehabilitation; and
WHEREAS, these activities foster physical, mental and
emotional well being in each Gateway Homes resident; and
WHEREAS, due to its many efforts to assist those with
mental illnesses, Gateway Homes of Greater Richmond has been
selected as an award recipient in the Heroes in the Fight
program; and
WHEREAS, Gateway Homes of Greater Richmond was
recognized by The Voices for Virginia's Children, Mental
Health America of Virginia, the National Alliance on Mental
Illness of Virginia, the Psychiatric Society of Virginia and
the Virginia Association of Community Services Boards for
providing exemplary care and dedication to those affected by
severe and persistent mental illness.
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NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
Board of Supervisors, this 14th day of October 2009, publicly
recognizes the exemplary commitment of Gateway Homes of
Greater Richmond to win the fight against mental illness, and
congratulates Gateway Homes of Greater Richmond on its
selection as a recipient of the Heroes in the Fight program
award.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Gateway Homes of Greater Richmond,
and that this resolution be permanently recorded among the
papers of this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr . Holland and Ms . Durfee presented the executed resolution
to Mr. Herr and Ms. Parrish and expressed appreciation for
their dedication to the citizens of Chesterfield County with
mental disabilities.
Mr. Herr expressed appreciation for the recognition.
6. WORK SESSIONS
6.A. 2010 LEGISLATIVE PROGRAM
Ms. Curtin presented the draft 2010 legislative program. She
stated there are a lot of unknowns going into the 2010
General Assembly Session with the election of three statewide
offices, which means new cabinet secretaries and agency
heads, there will be new members in the House of Delegates as
well. She further stated there will be continuing revenue
reductions at the state level. She highlighted some of the'
concerns and issues identified by Board members, including
unfunded mandates; earlier communication on bills to avoid
last minute "surprises"; review of state and local tax
structure; transportation funding and economic development;
JLARC study of incentives for facility construction for use
by multiple jurisdictions; stormwater regulations; and lack
of flexibility in use of state funds. She stated the guiding
principle for the 2010 draft legislative program is to
maintain AAA rating, financial independence and fiscal
integrity of Chesterfield County. She reviewed the key focus
areas in protecting the county's finances; issues from
previous sessions and legislative studies or regulatory
actions which may affect the county; and state budget issues
impacting county finances. She further reviewed specific
legislative requests. She reviewed the calendar of important
dates related to the 2010 session.
Mr. Warren stated that reviewing the legislative program is
an annual process. He suggested once a briefing is scheduled
with the new delegate from the 69th House District, the county
should try to schedule a briefing with the Governor-elect,
Lieutenant Governor-elect, and the Attorney General-elect
prior to January.
Mr. Gecker requested that the item to ask JLARC to do a study
of the potential benefits of joint use of facilities or
services between localities be added to the legislative
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program. He further stated having JLARC do a study is a
priority of his and hopefully it will become a priority of
the Board's. He further stated the City of Richmond is also
going to request a JLARC study to analyze the cost benefits
by either cooperating on capital projects or on certain
services.
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Ms. Curtin stated staff can move forward with requesting
JLARC to do a study.
In response to Mr. Warren's question, Mr. Gecker stated it
has been suggested by certain legislators to begin the
process of sharing capital costs among localities by
requesting JLARC to do an unbiased study to see if there are
any types of opportunities going forward. He further stated
he believes the JLARC study will make the RRPDC and the City
of Richmond's legislative agendas. He stated Chesterfield is
not committing to anything other than requesting the General
Assembly to take a good look at the possibilities and see if
there are any financial incentives for localities.
Ms. Durfee expressed appreciation to Ms. Curtin and staff for
the different approach taken this year gathering input from
the Board as well as assisting RRPDC with their legislative
agenda. She inquired whether there have been discussions
about what type of tools could be given to localities, if the
state cost shifting continues.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
8.A. CLAIM OF BON AIR ANIMAL HOSPITAL
Mr. Parthemos provided a brief background on the claim of Bon
Air Animal Hospital.
Mr. Covington explained the process that is taken when a
property has been identified as having an improper sewer
connection.
In response to Mr. warren's question, Mr. Covington stated
the process for collection of sewer connection fees is in the
policy.
In response to Mr. Gecker's questions, Mr. Covington stated
at one time there was a location for a septic field on the
site, but not in recent years. He .further stated the site
plan shows an extension sewer line on the property.
Mr. Gecker stated in 1975 there was a plan to connect to the
sewer system and our records do not show it was paid.
Discussion ensued relative to the inspection records and the
building plans from 1975.
Dr. Gary Zavik, one of the owners of Bon Air Animal Hospital,
stated the property was purchased in August 2007, which
according to Chesterfield County was on a septic system. He
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provided details of the work done by the Bon Air Animal
Hospital to rectify the problem with the Utilities
Department. He requested the Board to approve the claim.
In response to Mr. Gecker's question, Mr. Zavik stated Bon
Air Animal Hospital moved from Richmond to Chesterfield.
In response to Mr. Gecker's question, Mr. Parthemos stated
the county collected $950 from SunTrust.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the claim of Bon Air Animal Hospital.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B. APPOINTMENTS
On motion of Mr. Holland, seconded by Mr. Warren, the Board
suspended its rules to allow simultaneous nomination/
reappointment of members to serve on the GRTC Transit System
Board of Directors.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B.1. GRTC BOARD OF DIRECTORS
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
simultaneously nominated/reappointed Mr. Daniel K. Smith, Mr.
David Matthews and Mr. Gary Armstrong to serve on the GRTC
Transit System Board of Directors, effective October 21, 2009
and will expire on October 20, 2010.
And, further, the Board authorized the County Administrator
or his designee to appear at the October 21, 2009 GRTC annual
meeting to vote for the directors appointed by the Board and
by the Richmond City Council.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C. CONSENT ITEMS
8.C.1. SET DATES FOR PUBLIC HEARINGS
8.C.i.a. TO CONSIDER AMENDING THE COUNTY CODE RELATING TO
VOLUNTARY, MANDATORY AND EMERGENCY RESTRICTIONS ON
THE USE OF PUBLIC WATER DURING DROUGHT AND/OR
EMERGENCY CONDITIONS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
set November 18, 2009, for a public hearing for the Board to
consider amending the Code of the County of Chesterfield
relating to voluntary, mandatory and emergency restrictions
on use of public water.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.C.l.c. TO CONSIDER THE ABANDONMENT OF A STATE ROAD
ADJACENT TO WATRINS CENTRE PARKWAY
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On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
Resolution of Chesterfield County's intention to
consider a Resolution and Order to abandon a state road
adjacent to Watkins Centre Parkway.
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 November 18, 2009, at 6:30 p.m. it will
consider a Resolution and Order to abandon a state road
adjacent to Watkins Centre Parkway since it serves no public
necessity.
Accordingly, the Clerk of the Board shall send a copy of
this Resolution to the Commonwealth Transportation
Commissioner. The clerk shall further cause to be published
and posted the required notices of the Board's intention to
abandon a state road adjacent to Watkins Centre Parkway.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.2. ADOPTION OF RESOLUTIONS
8.C.2.a. RECOGNIZING OCTOBER 2009, AS "CYBER SECURITY
AWARENESS MONTH" IN CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, many citizens, schools, libraries, businesses
and other organizations use the Internet for a variety of
tasks, including keeping in contact with family and friends,
managing finances, conducting research, enhancing education
and conducting business; and
WHEREAS, critical sectors are increasingly reliant on
information systems to support financial services, energy,
telecommunications, transportation, health care, and
emergency response systems; and
WHEREAS, Internet users and our information
infrastructure face an increasing threat of malicious attack
by viruses and loss of privacy from spyware and adware; and
WHEREAS, each year there are significant financial and
personal privacy losses due to identity theft and fraud; and
WHEREAS, the Multi-State Information Sharing and
Analysis Center (MS-ISAC) was established in January 2003 to
provide a collaborative mechanism to help states and local
governments enhance cyber security, and Chesterfield County
Information Systems Technology provides a comprehensive
approach to help enhance the security of this county; and
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WHEREAS, there are national organizations, such as the
non-profit National Cyber Security Alliance (NCSA),
policymakers, government agencies, private sector companies,
and non-profit entities helping consumers, businesses,
educational leaders and our youth to protect themselves
online; and
WHEREAS, each one of us plays an important role in
securing our cyberspace, and awareness of computer security
essentials will improve the security of Chesterfield County
information infrastructure and economy; and
WHEREAS, the United States Department of Homeland
Security, the Multi-State Information Sharing and Analysis
Center and the National Cyber Security Alliance have declared
October as National Cyber Security Awareness Month.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County recognizes October 2009,
as "Cyber Security Awareness Month" in Chesterfield County,
encourages its citizens to learn about cyber security and put
that knowledge into practice in their homes, schools,
workplaces, and businesses.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.2.b. RECOGNIZING FIREFIGHTER BRIAN L. CHAMBERLIN, FIRE
AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS
RETIREMENT
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Firefighter Brian L. Chamberlin retired from
the Chesterfield County Fire and Emergency Medical Services
Department on October 1, 2009; and
WHEREAS, Firefighter Chamberlin attended Recruit School
#15 in 1984 and has faithfully served the county for twenty-
five years in various assignments; as a firefighter at the
Manchester, Dutch Gap, Matoaca, Clover Hill and Ettrick Fire
and EMS Stations; and
WHEREAS, Firefighter Chamberlin was recognized in 1987
as a Self Contained Breathing Apparatus (SCBA) Technician for
the Mask Repair Shop at the Manchester Fire and EMS Station,
where he devoted his time to repair and maintain the
department's SCBA; and
WHEREAS, Firefighter Chamberlin was certified as an
Advanced Life Support provider with the Chesterfield Fire and
Emergency Medical Services Department, as a Cardiac
Technician and Paramedic; and
WHEREAS, Firefighter Chamberlin was recognized with a
Unit Citation for the October 25, 1994 incident while riding
on Unit 149, where his vital role was securing the anchors at
the Dutch Gap Power Station to rescue a citizen from the
plant's smoke stack; and
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WHEREAS, Firefighter Chamberlin participated on the
department's SCUBA Rescue Team, as well as the Technical
Rescue Team; and
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WHEREAS, Firefighter Chamberlin was recognized as a team
member on Unit 147 for the May 14, 1999 head-on collision on
Beach Road, where his contribution involved the extrication
of one person from the collision; and
WHEREAS, Firefighter Chamberlin was recognized with an
EMS Unit Citation and an EMS Lifesave Award for saving the
life of a citizen suffering from cardiac arrest on the ramp
at the Matoaca Fire and EMS Station on September 22, 2002;
and
WHEREAS, Firefighter Chamberlin was recognized for the
August 30, 2004 incident when he assisted in the rescue at
the Falling Creek Apartments during Tropical Storm Gaston, as
the operator of Truck 14 that rescued 25 people from raging
flood water; and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Brian L. Chamberlin, expresses the appreciation
of all residents for his service to the county, and extends
their appreciation for his dedicated service and
congratulations upon his retirement.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.2.C. RECOGNIZING FIREFIGHTER LEWIS C. GREENWOOD, JR.,
FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT,
UPON HIS RETIREMENT
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On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Firefighter Lewis C. Greenwood, Jr. retired
from the Chesterfield County Fire and Emergency Medical
Services Department, on October 1, 2009; and
WHEREAS, Firefighter Greenwood attended Recruit School
#21 in 1989 and has faithfully served the county for twenty
years; as a firefighter at the Matoaca, Ettrick, Bensley,
Dale, and Buford Fire and EMS Stations; and
WHEREAS, Firefighter Greenwood was recognized as an
effective team member at emergency scenes; in a key tactical
position operating at the tip of the aerial ladder of Truck
12 and flowing water on a structure fire for six hours in
Colonial Heights, which prevented the fire from spreading to
adjacent buildings; a vital part of the team on Truck 12 that
flowed water for five hours at a warehouse fire in
Petersburg, which prevented the spread of fire to neighboring
businesses; and
WHEREAS, Firefighter Greenwood, participated in the life
saving measures of a county police officer who had been shot
several times.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Lewis C. Greenwood, Jr., expresses the
appreciation of all residents for his service to the county,
and extends their appreciation for his dedicated service and
congratulations upon his retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Firefighter Greenwood 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.C.3. AUTHORIZATION FOR MS. CARRIE COYNER TO APPLY FOR
CONDITIONAL USE PLANNED DEVELOPMENT ON COUNTY
PROPERTY LOCATED AT 11800 CENTRE STREET AND COMMONLY
KNOWN AS THE CHESTER LIBRARY
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized Ms. Carrie Coyner to apply for a Conditional Use
Planned Development on county property located at 11800
Centre Street and commonly known as the Chester Library (Tax
ID 788-655-6767) and waived the disclosure requirements.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.4. RENEWAL OF LEASES OF PROPERTY OWNED BY CS
DEVELOPMENT, INCORPORATED
8.C.4.a. FOR USE BY THE COUNTY REGISTRAR'S OFFICE
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the County Administrator to execute a lease with
CS Development, Inc. for use by the County Registrar's
Office.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.4.b. FOR USE BY THE COUNTY'S CAPITAL PROJECTS
MANAGEMENT DEPARTMENT
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the County Administrator to execute a lease with
CS Development, Inc. for use by the County's Capital Projects
Management Department.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.C.5. CONVEYANCE OF EASEMENTS TO VIRGINIA ELECTRIC AND
POWER COMPANY
8.C.5.a. FOR OVERHEAD POWER LINE RELOCATION FOR THE NEW
CLOVER HILL HIGH SCHOOL
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company for overhead power line
relocation along Old Hundred Road for the new Clover Hill
High School. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.5.b. TO SERVE ADDITIONAL FACILITIES AT THE FIRE SAFETY
TRAINING BUILDING LOCATED ON ALLIED ROAD
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On motion of Mr. Gecker, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company for a 20-foot underground
easement to serve additional facilities at the Fire Safety
Training Building located on Allied Road. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.6. ACCEPTANCE OF PARCELS OF LAND
8.C.6.a. ALONG NEWBYS BRIDGE ROAD FROM MARILYN M. AND
DEWEY L. HURLEY
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On motion of Mr. Gecker, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.018
acres along Newbys Bridge Road from Marilyn M. and Dewey L.
Hurley and authorized the County Administration to execute
the deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.6.b. ALONG SPRING RUN ROAD FROM P AND F, LLC
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.088
acres along North Spring Run Road from P&F, 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.
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8.C.7. ACCEPT AND APPROPRIATE THE AWARD FROM THE UNITED
STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE
PROGRAMS, FY2009 DRUG COURT DISCRETIONARY GRANT
PROGRAM
On motion of Mr. Gecker, seconded by Mr. Warren,- the Board
accepted the award from the FY2009 Drug Court Discretionary
Grant Program, Office of Justice Programs, US Department of
Justice; and appropriated $162,320 in federal grant funds.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.8. STATE ROAD ACCEPTANCE
On motion of Mr. Gecker, seconded by Mr. Warren, 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
strees 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: Hawthorne Village C
Type Change to the Secondary System of State
Reason for Change: New subdivision street
Street Name and/or Route
• Gorham Court, State Route Number 7159
Old Route Number: 0
From: 0.12 miles west of Gorham Ln.,(Rt. 7157)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Pb. 185, Pg. 76
Right of Way width (feet) = 44
Addition
And, further, the Board adopted the following resolution:
WHEREAS, the street described below is shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
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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.
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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: Dry Creek Road Adjustment
Type Change to the Secondary System of State
Reason for Change: VDOT Project
Pursuant to Code of Virginia §33.1-229
Street Name and/or Route
~ ~ Dry Creek Road, State Route Number 623
Old Route Number: 0
From: 0.85 mile north of Beach Rd., (Rt. 655)
To: Cul-de-sac, a distance of: 0.41 miles.
Recordation Reference: xx
Addition
Right of Way width (feet) = 50
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.9. APPROVAL OF DESIGN, APPROPRIATION OF FUNDS,
AUTHORIZATION TO PROCEED WITH RIGHT-OF-WAY
ACQUISITION, AUTHORIZATION TO ENTER INTO AGREEMENTS,
AND AWARD OF CONSTRUCTION CONTRACT FOR THE HAPPY HILL
ROAD IMPROVEMENT PROJECT
On motion of Mr. Gecker, seconded by Mr. Warren, the Board 1)
approved the design for the Happy Hill Road Improvement
Project; 2) appropriated $546,906 in Traffic Shed 19 road
cash proffers for the Happy Hill Road Spot Improvement
Project between Harrowgate Road and Longmeadow Boulevard; 3)
authorized staff to proceed with right-of-way acquisition; 4)
authorized the advertisement of an eminent domain public
hearing, if necessary, to acquire the right-of-way; 5)
authorized the Chairman of the Board of Supervisors and
County Administrator to execute easement agreements for
relocation of utilities; 6) authorized the County
Administrator to enter into the customary VDOT and
environmental permit/mitigation agreements; and 7) authorized
the award of a construction contract, up to $700,000, to the
lowest responsible bidder.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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The following item was removed from the Consent Agenda for
Board comment:
8.C.1. SET DATE FOR PUBLIC HEARINGS
8.C.l.b. TO CONSIDER AMENDING THE COUNTY CODE RELATING TO
RESIDENTIAL OCCUPANCY LIMITS
On motion of Gecker, seconded by Holland, the Board did not
set a public hearing to consider amending the County Code
relating to residential occupancy limits.
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
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
accepted the following reports: a Report on Developer water
and Sewer Contracts and a Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
11. DINNER AT CAMP BAKER
On motion of Mr. Holland, seconded by Mr. Warren, the Board
recessed to dinner at Camp Baker with members of the Camp
Baker Management Board.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Reconvening:
12. INVOCATION
Mr. Holland gave the invocation.
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13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Stegmaier led the Pledge of Allegiance to the Flag of the
United States of America.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
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Mr. Tom Pakurar, President of Hands Across the Lake,
addressed the Board relative to water quality concerns and
the Hydrilla issue in the Swift Creek Reservoir.
Mr. Warren stated he has received some phone calls on the
Hydrilla situation in the Swift Creek Reservoir. He further
stated a preliminary report was provided to the Board at the
September 23rd Board meeting. He stated he and Ms. Durfee
will be meeting with the Woodlake and Brandermill Board of
Directors to discuss the Hydrilla issue in the future. He
requested Mr. Stegmaier follow up with Mr. Pakurar.
Mr. Stegmaier stated staff will continue working on the
Hydrilla issue. He further stated staff was requested by the
Board several meetings ago to review the mass grading
ordinance and bring a new recommendation back to the Board.
He stated staff is concerned about investing too much into
water quality regulations until the possible changes to the
water quality regulations at the state level have been ironed
out.
Ms. Durfee stated the mass grading ordinance was added to Mr.
Stegmaier's list of projects and activities to continue
updating the Board on the progress. She further stated she
met with the Woodlake Board of Directors and the Hydrilla
issue did come up and it is more widespread then earlier
believed. She stated the Hydrilla not only affects the water
quality of the Swift Creek Reservoir but also affects the
ability to utilize the water.
Mr. Warren stated that the Hydrilla is also in the main part
of the Swift Creek Reservoir. He requested the County
Administrator to bring the Board a report of actions to be
taken in the very near future.
14. RESOLUTIONS
14.B. RECOGNIZING MR. CHRISTOPHER S. ANDERSON UPON
ATTAINING THE RANK OF EAGLE SCOUT
Ms. Ruth introduced Mr. Christopher S. Anderson, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Durfee, 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
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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. Christopher S. Anderson, Troop 829,
sponsored by Saint Matthias' Episcopal Church Church, has
accomplished those high standards of commitment and has
reached the long-sought goal of Eagle Scout, which is earned
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Christopher 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 14th day of October 2009,
publicly recognizes Mr. Christopher S. Anderson, 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.
Mr. Gecker presented the executed resolution and patch to Mr.
Anderson, congratulated him on his achievements and wished
him well in future endeavors.
Mr. Anderson provided details of his Eagle Scout projects and
expressed appreciation for his parents' support.
16. PUBLIC HEARINGS
16.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING
TO SHORT-TERM RENTAL TAX
Mr. Micas stated this date and time had been advertised for
the Board to consider amendments to the County Code relating
to short-term rental tax. He provided a brief an explanation
of the proposed changes to the tax rate for short-term
rentals.
Mr. Warren called for public comment.
No one came forward to address the issue.
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 SECTIONS 9-181, 9-1.82, 9-183, 9-184, 9-187
AND 9-188 RELATING TO SHORT-TERM RENTAL TAX
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 9-18, 9-182, 9-183, 9-184, 9-187 and 9-188
of the Code of the County of Chesterfield, 1997, as amended,
are amended and re-enacted to read as follows:
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ARTICLE XIII. SHORT-TERM RENTAL TAX
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Sec. 9-181. Imposition; amount.
A. Every person certified to engage in the short-term
rental business:
(1) As defined in § 9-183
one percent on the gross
or
(2) As defined in § 9-183
equipment rental, shall
half percent on the
business.
~) (1), shall pay a tax of
proceeds of such business;
(A) (2), involving heavy
pay a tax of one-and-one-
gross proceeds of such
B. For purposes of this section, "gross proceeds" means the
total amount charged to each person for the rental of
daily rental property, excluding any state and local tax
paid pursuant to the Virginia Retail Sales and Use Tax
Act.
C. The imposition and collection of a short-term rental
property tax pursuant to this section with respect to
rental property shall be in lieu of taxation of such
rental property as tangible business personal property
in the same tax year.
D. Except for daily rental vehicles, rental property shall
be classified, assessed and taxed as tangible personal
property if such property:
(1) Is owned and rented by a person not engaged in the
short-term rental business, as defined in § 9-183;
or
(2) Has acquired situs in the county and is owned and
rented by a person who does not collect and remit
to the commissioner of the revenue a short-term
rental property tax with respect to the rental of
such property.
0
Sec. 9-182. "Short-term rental property" defined.
For purposes of this article, the term "short-term rental
property" means all tangible personal property held for
rental and owned by a person certified to engage in the
short-term rental business. The term "short-term rental
property" does not include trailers or other tangible
personal property required to be licensed or registered with
the Department of Motor Vehicles, Department of Game and
Inland Fisheries, or the Department of Aviation.
(Code 1978, § 8-61)
Cross references: Definitions and rules of construction
generally, § 1-2.
Sec. 9-183. "Short-term rental business" defined.
A. A person is engaged in the short-term rental business
if .
(1) Not less than 80 percent of the gross rental
receipts of such business during the preceding year
arose from transactions involving rental of short-
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term rental property, other than heavy equipment
property as defined in subsection B, for periods of
92 consecutive days or less, including all
extensions and renewals to the same person or a
person affiliated with the lessee; or
(2) Not less than 60 percent of the gross rental
receipts of such business during the preceding year
arose from transactions involving the rental of
heavy equipment property for periods of 270
consecutive days or less, including all extensions
and renewals to the same person or a person
affiliated with the lessee. For the purposes of
this subdivision, "heavy equipment property" means
rental property of an industry that is described
under code 532412 or 532490 of the 2002 North
American Industry Classification System as
published by the United States Census Bureau,
excluding office furniture, office equipment, and
programmable computer equipment and peripherals.
B. A person is "affiliated" with the lessee of rental
property if such person is an officer, director,
partner, member, shareholder, parent or subsidiary of
the lessee, or if such person and the lessee have any
common ownership interest in excess of five percent.
For purposes of this section:
(1) Any rental to a person affiliated with the lessor
shall be included in rental receipts but shall not
be included for purposes of the 80 percent
requirement of subdivision 1 of subsection A, or
the 60 percent requirement of subdivision 2 of
subsection A; and
(2) Any rental of personal property which also involves
the provision of personal services for the
operation of the personal property rental shall not
be treated as gross receipts from rental. For
purposes of this section, the delivery and
installation of tangible personal property shall
not mean operation.
C. A person who has not previously been engaged in the
short-term rental business who applies for a certificate
of registration pursuant to § 9-188 shall be eligible
for registration upon his certification that he
anticipates meeting the requirements of a specific
subdivision of subsection A, designated by the applicant
at the time of application, during the year for which
registration is sought.
D. In the event that the commissioner of the revenue makes
a written determination that a rental business
previously certified as a short-term rental business
pursuant to § 9-188 has failed to meet either of the
tests set forth in subsection A during a preceding tax
year, such business shall lose its certification as a
short-term rental business and shall be subject to the
business personal property tax with respect to all
rental property for the tax year in which such
certification is lost and any subsequent tax years until
such time as the rental business obtains recertification
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pursuant to § 9-188. In the event that a rental
business loses its certification as a short-term rental
business pursuant to this subsection, such business
shall not be required to refund to customers daily
rental property taxes previously collected in good
faith, and shall not be subject to assessment for
business personal property taxes with respect to rental
property for tax years preceding the year in which the
certification is lost unless the commissioner makes a
written determination that the business obtained its
certification by knowingly making materially false
statements in its application, in which case the
commissioner may assess the taxpayer the amount of the
difference between short-term rental property taxes
remitted by such business during the period in which the
taxpayer wrongfully held certification and the business
personal property taxes that would have been due during
such period but for the certification obtained by the
making of the materially false statements. Any such
assessment, and any determination not to certify or to
decertify a rental business as a short-term rental
business as defined in this subsection, may be appealed
pursuant to the procedures and requirements set forth in
Code of Virginia § 58.1-3983.1 for appeals of local
business taxes, which shall apply mutatis mutandis to
such assessments and certification decisions.
E. A rental business that has been
the provisions of subsection D
recertification for a subsequent
that it has met one of the test:
A for at least ten months of
present tax year.
decertified pursuant to
shall be eligible for
tax year upon a showing
provided in subsection
operations during the
Sec. 9-184. Collection, return and remittance of tax.
Every person certified to engage in the short-term rental
business shall collect the rental tax from the lessee of the
daily rental property at the time of the rental. The lessor
of the daily rental property shall transmit a quarterly
return to the commissioner of the revenue, indicating the
gross proceeds derived from the short-term rental business,
and shall also remit the payment of the tax that is due for
the quarter. The quarterly returns shall be filed with the
commissioner of the revenue on or before April 15, July 15,
October 15, and January 15, representing, respectively, the
gross proceeds and taxes collected during the preceding
quarters ending March 31, June 30, September 30 and December
31. The return shall be upon such forms and shall set forth
such information as the commissioner of the revenue may
require, showing the amount of gross receipts and the tax
required to be collected. The commissioner of the revenue
shall assess the tax due, and the short-term rental business
shall pay the tax so assessed to the treasurer or director of
finance not later than the last day of the month following
the .end of the calendar quarter. The taxes required to be
collected under this article shall be held in trust by the
person required to collect the taxes until remitted as
required in this article.
(Code 1978, § 8-63)
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Sec. 9-187. Exclusions and exemptions.
No short-term rental tax shall be collected or assessed on
rentals by the commonwealth, any political subdivision of the
commonwealth or the United States. Additionally, all
exemptions applicable in Code of Virginia, tit. 58.1, ch. 6
[§ 58.1-600 et seq.], shall apply mutatis mutandis to the
short-term rental tax, except that the commissioner of
revenue shall assess the tax due, and the treasurer shall
collect the short-term rental property tax, instead of the
Department of Taxation.
Sec. 9-188. Certificate of registration.
(a) Every person engaging in the short-term rental business
shall annually file an application for a certificate of
registration with the commissioner of the revenue. Such
application shall be filed no later than January 31 of
each year. The application shall be on a form prescribed
by the commissioner of the revenue and shall set forth
the name under which the applicant intends to operate
the rental business, the location of the rental business
and such other information as the commissioner of the
revenue may require.
(b) An application must be signed by the owner or owners of
the rental business. If the rental business is owned by.
an association, partnership or corporation, the
application must be signed by a member, partner,
executive officer or other person specifically
authorized by the association, partnership or
corporation to sign on its behalf.
(c) Upon the commissioner of the revenue's approval of the
application the commissioner of the revenue shall issue
a certificate of registration. The certificate shall be
conspicuously displayed at all times at the place of
business for which it is issued.
(d) The certificate is not assignable- and shall be valid
only for the person in whose name it is issued and the
place of business designated.
(Code 1978, § 8-67)
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
16.B. TO CONSIDER AN AMENDMENT TO THE INTRODUCTION TO THE
PLAN FOR CHESTERFIELD RELATIVE TO DAM BREAK
INUNDATION ZONES
Ms. Heather Barrar stated this date and time had been
advertised for the Board to consider an amendment to the
Introduction to the Plan for Chesterfield relative to Dam
Break Inundation Zones.
Mr. Warren called for public comment.
No one came forward to address the issue.
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On motion of Mr. Warren, seconded by Ms. Gecker, the Board
approved the following amendment to the Plan for
Chesterfield:
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IMPORTANT RESOURCES
The Plan protects the environment and enhances the County's
quality of life by recommending planning and design that
preserves environmental functions and protects important
environmental, cultural and historic resources.
The Plan for Chesterfield strives for:
• Making land use recommendations that take into
consideration the conservation and wise use of the County's
natural resources.
• Shaping appropriate development and public access along
the 75 miles of James and Appomattox Riverfront.
• Promoting environmental protection within the County by
instituting protection measures in combination with broader
land use policies.
~ Preserving the quality of the County's streams,
reservoirs and rivers.
• Identifying and encouraging the preservation of lands,
sites, and structures that have archaeological and/or
historic significance.
• Developing and promoting open space corridors as a
framework to protect the natural environment and scenic
values and provide outdoor recreation opportunities.
~ Identifying dam break inundation zones and potential
impacts to downstream properties.
Ayes: ,Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
14.A. RECOGNIZING GIRL SCOUTS UPON ATTAINING THE GOLD AWARD
14.A.1. MS. EMILY ALLEN BURNS, MIDLOTHIAN DISTRICT
14.A.2. MS. MACKENZIE LYN FURMAN, CLOVER HILL DISTRICT
14.A.3. MS. TAYLOR DIANE LENHART, MATOACA DISTRICT
14.A.4. MS. JESSIE LATE MITCHELL, CLOVER HILL DISTRICT
14.A.5. MS. KERRY ANNE MITCHELL, CLOVER HILL DISTRICT
14.A.6. MS. EMILY ELIZABETH WARWICK, CLOVER HILL DISTRICT
14.A.7. MS. JESSICA ELIZABETH WERT, MIDLOTHIAN DISTRICT
Ms. Ruth introduced Ms. Mackenzie Lyn Furman, Ms. Taylor
Diane Lenhart, Ms. Jessie Cate Mitchell, and Ms. Kerry Anne
Mitchell, who were present to receive their resolutions.
09-590
10/14/09
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.7 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning three interest project patches,
earning the Girl Scout Gold Leadership Award, the Girl Scout
Gold Career Award, and the Girl Scout Gold 4Bs Challenge
Award, and designing and implementing a Girl Scout Gold Award
project; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments
in the areas of leadership, community service, career
planning, and personal development; and
WHEREAS, the Girl Scout Award can only be earned by
girls aged 14 18 or in grades 9 12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Ms. Emily Allen Burns, Ms. Mackenzie Lyn
Furman, Ms. Taylor Diane Lenhart, Ms. Jessie Cate Mitchell,
Ms. Kerry Anne Mitchell, Ms. Emily Elizabeth Warwick and Ms.
Jessica Elizabeth Wert, all of Troop 652, sponsored by Saint
Mark's United Methodist Church, have accomplished these high
standards and have been honored with the Girl Scouts of
America Gold Award by the Girl Scout Commonwealth Council of
Virginia, Incorporated; and
WHEREAS, growing through their experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding themselves on the great accomplishments of their
country, Emily, Mackenzie, Taylor, Jessie, Kerry, Emily and
Jessica are indeed members of a new generation of prepared
young citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 14th day of October 2009,
publicly recognizes Ms. Mackenzie Lyn Furman, Ms. Taylor
Diane Lenhart, Ms. Jessie Cate Mitchell, Ms. Kerry Anne
Mitchell, Ms. Emily Elizabeth Warwick and Ms. Jessica
Elizabeth Wert, extends congratulations on their attainment
of the Gold Award, and acknowledges the good fortune of the
county to have such outstanding young women as its citizens.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Gecker, Mr. Warren and Ms. Durfee presented the executed
resolutions to Ms. Furman, Ms. Lenhart, Ms. Mitchell, and Ms.
Kerry Mitchell, congratulated them on their achievements and
wished them well on their future endeavors.
Ms. Furman, Ms. Lenhart, Ms. Mitchell and Ms. Mitchell each
provided details of their Gold Award projects and expressed
appreciation to their family and friends for their support.
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(It is noted Ms. Burnes, Ms. Warwick and Ms. Wert were unable
to attend the meeting and their resolutions will be forwarded
to them . )
17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
18. ADJOURNMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adjourned at 6:56 p.m. to October 28, 2009 at 3:00 p.m. in
the Public Meeting Room.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
mes teg ier
ounty Administrator
Arthur S. Warren
Chairman
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10/14/09