2009-11-18 MinutesBOARD OF SUPERVISORS
MINUTES
November 18, 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:
Mr. Mike Bacile, Dir.,
Purchasing
Ms. Janice Blakley,
Clerk to the Board
Ms. Debbie Burcham.
Exec. Dir., Community
Services Board
Mr. Kevin Bruny,
Chief Learning Officer
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
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
Mr. Will Davis, Dir.,
Economic Development
Colonel Thierry Dupuis,
Police Department
Mr. Mike Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Mr. Lou Lassiter, Director,
Internal Audit
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
Ms. Sarah Snead, Acting
Deputy County Admin.,
Human Services
Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
Mr. Richard Troshak, Dir.,
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Emergency Communications
Center
Mr. Kirk Turner, Dir.,
Planning
Mr. Warren called the regularly scheduled meeting to order at
3:04 p.m.
1. APPROVAL OF MINUTES
l.A. OCTOBER 28, 2009 REGULAR MEETING
1.B. NOVEMBER 4, 2009 MEETING WITH CHESTERFIELD BUSINESS
COUNCIL
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved the minutes for the October 28, 2009 regular meeting
and the November 4, 2009 meeting with Chesterfield Business
Council, as submitted.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
Mr. Stegmaier stated the budget community meetings have been
going well with excellent attendance. He further stated the
community is getting a good picture of the county's budget.
He stated the legislative program is on the Board's agenda
for adoption. He further stated Bon Secours announced plans
to build a campus at Watkins Centre which is expected to be
completed in 2011. He stated Maruchan has completed their
newest manufacturing line.
2.B. PRESENTATION OF FY2009 COMPREHENSIVE ANNUAL FINANCIAL
REPORT
Mr. Stegmaier introduced Mr. Rob Churchman, engagement
partner from KPMG, LLP.
Mr. Churchman presented the county's FY2009 Comprehensive
Annual Financial Report to the Board. He stated KPMG has
issued a clean audit opinion on Chesterfield County's CAFR,
(Comprehensive Annual Financial Report) meaning the CAFR is
materially correct. He further stated the county has
continued to receive the award for Certificate of Excellence
in the presentation of its CAFR and will likely receive it
next year.
Mr. Stegmaier thanked Mr. Churchman for his efforts in the
auditing process. He also commended staff involved in the
audit process for outstanding performance that has helped
make Chesterfield County an outstanding example of financial
management in local government.
Mr. Holland expressed appreciation to KPMG and the Accounting
Department for the outstanding work done with communicating
and coordinating the information needed for the audit. He
stated excellence is no accident.
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Mr. Gecker expressed appreciation for the work that KPMG did
on the audit. He stated the Accounting Department staff did
an excellent job.
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2.C. PETERSBURG AREA REGIONAL TOURISM CORPORATION
PRESENTATION
Mr. Dave Schulte, Executive Director of the Petersburg Area
Regional Tourism organization, briefed the Board on the work
of the organization, of which Chesterfield is a member. He
provided details of recent events and advertising initiatives
of the organization, as well as production of a new visitors
guide. He stated Chesterfield County attractions play an
important role in the marketing strategy of the organization.
He reviewed future initiatives, including a wayfinding study,
vacation packages and front line staff education, and also
provided a video of recent television advertisements
sponsored by the organization.
Ms. Jaeckle expressed appreciation for the work of the
members of the Petersburg Area Regional Tourism Corporation.
Mr. Holland expressed appreciation to the members of the
Petersburg Area Regional Tourism Corporation for their
outstanding work.
Mr. Warren stated an open house is scheduled for November 20,
2009 at the county museum.
3. BOARD MEMBER REPORTS
Mr. Holland expressed appreciation to the citizens who
attended the two budget meetings in the Dale District. He
stated the county values the input received.
Ms. Jaeckle stated she attended the grand opening of the
Residence Inn in Chester. She further stated Mr. P.C. Amin,
the owner, is an asset to Chesterfield.
Mr. Gecker stated the second Midlothian budget community
meeting will be held November 23, 2009 at James River High
School.
Mr. Warren stated the Board is reaching out to the citizens
earlier in the budget process than before to explain the
tightness of the economy. He further stated staff will
compile the information from all of the meetings and produce
it as a document which will assist with going through the
process.
Ms. Durfee stated the second Matoaca District budget
community meeting is scheduled for November 19, 2009 at
Manchester High School. She further stated it is an
opportunity for all citizens to attend and share concerns.
She recommended that once all of the information is compiled,
to hold a countywide budget meeting.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
deleted Item 8.D.3.g., Set. Date for Public Hearing to
Consider Lease of Real Property at Castlewood, Magnolia
Grange, County Museum and the 1892 Jail for Operation of
Education and Preservation Programs by the Chesterfield
Historical Society of Virginia; added Item 8.D.12.d, Transfer
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of $40,000 from the Clover Hill District Improvement Fund to
the Transportation Department to Apply Slurry Seal on
Portions of Smoketree Drive and Gordon School Road; replaced
Item 9.B., Status of General Fund Balance, Reserve for Future
Capital Projects, District Improvement Funds, and Lease
Purchases; and replaced Item 17.G., Public Hearing to
Consider the Exercise of Eminent Domain for the Acquisition
of Water and Temporary Construction Easements for the Jahnke
Road Waterline Replacement Project.
Ayes.: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
5. RESOLUTIONS
5.A. RECOGNIZING B&B PRINTING FOR EXEMPLARY ENVIRONMENTAL
STEWARDSHIP
Mr. Will Davis introduced Mr. Michael Bland, President, Mr.
Brian DiMattio, Plant Manger, and Ms. Jan Thruston, Quality
Manager, who were present to receive the resolution.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors
recognizes existing businesses within the county that
contribute to the county's economy and its citizens; and
WHEREAS, Chesterfield County is proud to have B&B
Printing as a valued member of our business community; and
WHEREAS, B&B Printing has been designated a Zero
Hazardous Waste Generation Company by the Virginia Department
of Environmental Quality; and
WHEREAS, B&B Printing has met the requirements to be a
Certified Conditionally Exempt Small Quantity Generator by
identifying all hazardous waste accumulated, not accumulating
more than 1,000 kilograms at any time and ensuring that any
hazardous waste is delivered to a person or facility who is
authorized to manage it; and
WHEREAS, B&B Printing has worked to refine production
processes to eliminate hazardous materials used in its
production process; and
WHEREAS, B&B Printing is committed to environmental
responsibility by initiating energy saving programs designed
to reduce consumption of electricity and fuel; and
WHEREAS, B&B Printing has an extensive recycling program
capturing and recycling 1000 of all paper waste and recycling
metal printing plates and inks; and
WHEREAS, B&B Printing chooses to do business with
vendors and suppliers who are responsible stewards of the
environment.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 18th day of November 2009,
publicly recognizes B&B Printing for its many contributions
to the county and for its exemplary environmental
stewardship.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to B&B Printing and that this
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resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
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Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Warren congratulated B&B Printing and expressed
appreciation for their environmental stewardship.
Mr. Bland expressed appreciation to the Board for the
recognition.
5.B. RECOGNIZING THE 2009 SENIOR VOLUNTEER HALL OF FAME
INDUCTEES
5.B.1. MR. CHARLES L.T. ELLIS
5.B.2. MR. PATRICK SHELLENBERG
5.B.3. MS. RUTH R. SIMS
Ms. Debbie Leidheiser introduced Mr. Charles L.T. Ellis, Mr.
Patrick Shellenberg, and Ms. Ruth Sims, who were present to
receive their resolutions.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, volunteering is a powerful force for the
solution of human problems and the creative use of human
resources is essential to a healthy, productive and humane
society; and
WHEREAS, our nation's heritage is based on citizen
involvement and citizen participation. Volunteerism is of
enormous benefit in building a better community and a better
sense of one's own well being; and
WHEREAS, the active involvement of citizens is needed
today more than ever to combat growing human and social
problems, to renew our belief that these problems can be
solved and to strengthen our sense of community; and
WHEREAS, volunteering offers all, young and old, the
opportunity to participate in the life of their community and
to link their talents and resources to address some of the
major issues facing our counties, such as education, hunger,
youth, and our elderly; and
WHEREAS, many agencies that benefit from volunteers
should show their appreciation and recognition to the many
volunteers who possess many skills and talents which they
generously and enthusiastically apply to a variety of
community tasks, and encourage others to participate in
programs as volunteers; and
WHEREAS, nineteen adults in Chesterfield age 65-plus
have donated 16,827 hours this year in volunteer service and
81,420 hours of volunteer service since they have attained
the age of 65.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 18th day of November 2009,
publicly recognizes Mr. Charles L. T. Ellis, Mr. Patrick
Shellenberg and Ms. Ruth G. Sims who were inducted into the
Chesterfield Senior Volunteer Hall of Fame on October 22,
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2009, and expresses appreciation to these dedicated
volunteers who contribute immeasurably to various programs
throughout the area to strengthen our county and build
bridges to the future.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Holland expressed appreciation to Mr. Ellis, Mr.
Shellenberg and Ms. Sims for all of their hard work.
Mr. Ellis, Mr. Shellenberg and Ms. Sims expressed
appreciation to the Board for the recognition.
6. WORK SESSIONS
There were no Work Sessions at this time.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
8. NEW BUSINESS
8.A. FY2009 RESULTS OF OPERATION
Mr. Carmody presented a summary of FY2009 Results of
Operations. He reviewed expenditure savings that resulted in
a $15.8 million increase in reserves. He stated those
savings represent 2.1 percent of the adopted budget. He
further stated that $15.8 million savings breaks down to $8.7
million in the school system's budget and $7.1 million in the
county's budget. He recommended that the $8.7 million saved
by the school system be designated for the school system. He
stated this is not a request to appropriate or allocate those
funds.
Mr. Warren expressed appreciation to Mr. Carmody for the
positive report.
Mr. Gecker stated the Budget and Audit Committee has been
working closely with Mr. Wyman and Ms. Carpenter from the
School Board. He further stated the idea that the Board
allocates the school's portion of the surplus to the school
division is appropriate.
Mr. Holland complimented the School Board members for their
work on the budget process. He stated it has been a team
effort. He further stated a 2 percent deviation in a budget
is an excellent amount.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved the FY2009 Results of Operation.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B. APPOINTMENTS
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
suspended its rules to allow simultaneous nomination/
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appointment/reappointment of members to serve on various
boards and commissions.
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Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B.1. APPOMATTOX RIVER WATER AUTHORITY BOARD
On motion of Mr. Holland, seconded by Mr. Warren, the Board
simultaneously nominated/reappointed Mr. James J.L.
Stegmaier, County Administrator and alternate member Mr. Roy
E. Covington, Director' of Utilities, to serve on the
Appomattox River Water Authority Board, whose terms shall be
effective November 21, 2009 and expire November 21, 2013.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B.2. SOUTH CENTRAL WASTEWATER AUTHORITY BOARD
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
simultaneously nominated/reappointed Mr. James J.L.
Stegmaier, County Administrator, and alternative member Mr.
Roy E. Covington, Director of Utilities, to serve on the
South Central Wastewater Authority Board, whose terms shall
be effective November 21, 2009 and expire on November 21,
2013.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.B.3. CITIZENS BUDGET ADVISORY COMMITTEE
Mr. Gecker stated the Committee has taken on a massive
project and requested to expand by two members. He further
stated he is looking forward to the results of the project.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
increased the number of members on the Citizen's Budget
Advisory Committee from five to seven members and
nominated/appointed Mr. Anthony Russo and Dr. James Shultz to
serve on the committee, whose terms are effective immediately
and expire on September 30, 2011.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C. STREETLIGHT INSTALLATION COST APPROVALS
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the following streetlight installations:
DALE DISTRICT:
• In the Mason Woods subdivision: Mason Valley Court,
vicinity of 4403
Cost to install streetlight: $2,604.79
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MATOACA DISTRICT:
• In the Summerford subdivision: Intersection of
Summerford Drive and Summersedge Terrace
Cost to install streetlight: $4,067.84
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D. CONSENT ITEMS
8.D.2. ADOPTION OF RESOLUTIONS
8.D.2.a. RECOGNIZING MS. MARTHA H. GEISEN, DEPARTMENT OF
REAL ESTATE ASSESSMENTS, UPON HER RETIREMENT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Ms. Martha H. Geisen began her tenure of public
service with Chesterfield County as a temporary employee in
the Building Inspections Department on September 30, 1985,
and was promoted to a full-time position of secretary in
April 1986; and
WHEREAS, in February 1987, Ms. Geisen was promoted to
the position of Senior Appraiser in the Department of Real
Estate Assessments, and through hard work and dedication was
promoted to the position of Principal Commercial Appraiser in
1993, Senior Automation Analyst in 1994, and Assistant
Director in 1997; and
WHEREAS, Ms. Geisen became a member of the Virginia
Association of Assessing Officers in 1987, holding the
position as Historian and serving on the VAAO Board of
Directors, and Awards Committee, Education Committee, and the
Professional Development Advisory Committee; and
WHEREAS, Ms. Geisen was licensed by the State of
Virginia as a Certified General Real Estate Appraiser on
August 25, 1994; and
WHEREAS, Ms. Geisen received her IAAO Residential
Evaluator Specialist Designation on August 27, 1990, and IAAO
Certified Assessment Evaluator Designation on July 9, 1993;
and
WHEREAS, in her role as Assistant Director, Ms. Geisen
was committed to leading by example and was a vital part of
the accomplishments made in the Department of Real Estate
Assessments; and
WHEREAS, Ms. Geisen served on the Emergency Management
Committee, the Disaster Recovery Team, and wrote the
Department of Real Estate Assessment's Continuity of
Operations (COOP) plan; and
WHEREAS, Ms. Geisen has been a dedicated and faithful
employee of the County of Chesterfield for 24 years; and
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WHEREAS, Ms. Geisen will be missed by her staff and
peers for her expertise in the property assessment field as
well as her commitment in maintaining a positive and
professional attitude; and
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Ms. Martha H. Geisen, expresses appreciation
on behalf of all residents for her service to the county,
congratulations upon her retirement, and best wishes for a
long and happy retirement.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.2.b. RECOGNIZING MR. PHILLIP THORPE, UTILITIES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. Phillip Thorpe retired from Chesterfield
County Utilities Department on November 1, 2009; and
WHEREAS, Mr. Thorpe began his public service with
Chesterfield County on May 31, 1988, as a Senior County
Maintenance Worker in the Utilities Department, and was later
promoted to a Utility Plant Mechanic where he served
faithfully until his retirement; and
WHEREAS, from 1988 to 2009, Mr. Thorpe maintained and
operated water pumping and storage facilities, and equipment
essential to the distribution of clean drinking water to
Chesterfield County's public water system; and
WHEREAS, Mr. Thorpe was focused on providing world-class
customer service by consistently meeting or exceeding
customer expectations; and
WHEREAS, Mr. Thorpe continuously utilized his knowledge
and experience to provide water service that is safe,
reliable and environmentally sound; and
WHEREAS, Mr. Thorpe was highly respected by his peers
and coworkers; and
WHEREAS, Mr. Thorpe willingly and faithfully worked
endless hours during emergencies and after hours to ensure
continued service to Chesterfield County's public water
system customers; and
WHEREAS, throughout his career with Chesterfield County,
Mr. Thorpe displayed leadership, aptitude, good character and
sound values.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Phillip Thorpe and
extends on behalf of its members and citizens of Chesterfield
County, appreciation for more than 21 years of exceptional
service to the county.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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8.D.2.c. RECOGNIZING MR. THOMAS CLAY, COLLECTIONS DIVISION
OF WASTE AND RESOURCE RECOVERY, UPON HIS
RETIREMENT
On motion of Mr. Gecker, seconded by Mr. Holland, the ,Board
adopted the following resolution:
WHEREAS, Mr. Thomas Clay retired on October, 30, 2009
from the Department of General Services, Division of Waste
and Resource Recovery, after providing thirty years of
dedicated and faithful service to Chesterfield County; and
WHEREAS, Mr. Clay began his service in 1979 collecting
refuse for the Chesterfield County Department of General
Services; and
WHEREAS, Mr. Clay has helped the county's Sanitation
Division evolve into the Division of Solid Waste, and then
the Division of Waste and Resource Recovery, reflecting a
focus on protection of the environment; and
WHEREAS, Mr. Clay is known for his friendly, easy going
manner; his ability to work with citizens in an effective
way; his caring for his fellow co-workers; and performance of
his duties in a most professional manner; and
WHEREAS, Mr. Clay provided the wisdom of his years and
experience in contributing to the division's strategic
planning conferences, process action teams, and other
activities; and
WHEREAS, Mr. Clay always performed his duties and
responsibilities in an excellent manner placing the welfare
and safety of co-workers, other county employees, and the
public above his own personal comfort and feelings, and will
be missed by his fellow co-workers.
NOW THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Thomas Clay and
extends appreciation for his thirty years of dedicated
service to the county, congratulations, and best wishes for a
long and happy retirement.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.2.d. RECOGNIZING MR. ALEXANDER JOSEPH CLARK UPON
ATTAINING THE RANK OF EAGLE SCOUT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
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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
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WHEREAS, Mr. Alexander Joseph Clark, Troop 2837,
sponsored by Chester Baptist 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, Alexander 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 recognizes Mr. Alexander Joseph
Clark, 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.
8.D.2.e. RECOGNIZING NOVEMBER 2009, AS "PANCREATIC CANCER
AWARENESS MONTH" IN CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, over 42,000 people will be diagnosed with
pancreatic cancer this year in the United States and over
35,000 will die from the disease; and
WHEREAS, pancreatic cancer is the deadliest cancer and
the fourth leading cause of cancer death in the United
States; and
WHEREAS, approximately 880 deaths will occur in the
Commonwealth of Virginia; and
WHEREAS, 76 percent of pancreatic cancer patients die
within the first year of their diagnosis and 95 percent of
pancreatic cancer patients die within the first five years;
and
WHEREAS, there is no cure for pancreatic cancer and
there have been no significant improvements in early
detection, treatment methods, or survival rates in the last
30 years; and
WHEREAS, when symptoms of pancreatic cancer present
themselves, it is usually too late for an optimistic
prognosis, and the average life expectancy of those diagnosed
with metastasis disease is only three to six months; and
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WHEREAS, incidence of pancreatic cancer is approximately
50 percent higher in African Americans than in other ethnic
groups; and
WHEREAS, the federal government invests less money in
pancreatic cancer research than it does in any of the other
leading cancer killers; and
WHEREAS, the good health and well-being of the residents
of Chesterfield County are enhanced as a direct result of
increased awareness about pancreatic cancer and research into
early detection, causes, and effective treatments; and
WHEREAS, the Pancreatic Cancer Action Network is the
first and only national patient advocacy organization that
serves the pancreatic cancer community in Chesterfield
County, in the Commonwealth of Virginia and nationwide by
focusing its efforts on public policy, research funding,
patient services, and public awareness and education related
to developing effective treatments and a cure for pancreatic
cancer; and
WHEREAS, the Pancreatic Cancer Action Network and its
affiliates in Chesterfield County and the Commonwealth of
Virginia support those patients currently battling pancreatic
cancer and are committed to nothing less than a cure.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the month of November
2009, as "Pancreatic Cancer Awareness Month" in Chesterfield
County and calls this recognition to the attention of all its
citizens.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.3. SET DATES FOR PUBLIC HEARINGS
8.D.3.b. TO CONSIDER (1) MODIFICATIONS TO THE WALTHALL
PRIMARY ENTERPRISE ZONE BOUNDARY AND THE MIDLOTHIAN
SUBZONE NUMBER TWO; AND (2) AMENDING THE COUNTY
CODE RELATED TO TAX RELIEF_IN THE ENTERPRISE ZONES
AND SUBZONES
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
set December 16, 2009 for a public hearing for the Board to
consider (1) modifications to the Walthall Primary Enterprise
Zone Boundary and the Midlothian Subzone Number Two; and (2)
amending the County Code related to tax relief in the
enterprise zones and subzones.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.3.c. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING
TO GRAVEL SURFACE TREATMENT FOR PARKING AREAS
ACCOMMODATING STORAGE OF RECREATIONAL VEHICLES
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
set December 16, 2009 for a public hearing for the Board to
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consider an amendment to Section 19-514 (d) (1) of the Code of
the County of Chesterfield, 1997, as amended, pertaining to
gravel surface treatment for parking areas accommodating
storage of recreational vehicles.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.3.d. TO CONSIDER A PROPOSED CHARTER CHANGE TO AUTHORIZE
THE COUNTY ADMINISTRATOR TO OBTAIN THE SAME DATA,
REPORTS AND OTHER INFORMATION WHICH THE
COMMISSIONER OF THE REVENUE OBTAINS FROM AND
PROVIDES TO THE STATE TAX DEPARTMENT
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On motion of Mr. Gecker, seconded by Mr. Holland, the Board
set December 16, 2009 for a public hearing for the Board to
consider a proposed charter change to authorize the County
Administrator to obtain the same data, reports and other
information which the Commissioner of Revenue obtains from
and provides to the State Tax Department.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.3.e. TO CONSIDER THE REAL ESTATE TAX EXEMPTION REQUEST
OF THE EPPINGTON FOUNDATION
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
set December 16, 2009 for a public hearing for the Board to
consider the real estate tax exemption request of The
Eppington Foundation.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.3.f. TO CONSIDER FY2011 ENHANCEMENT PROJECTS
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
set December 2, 2009 for a public hearing for the Board to
consider FY2011 Enhancement Projects.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.4. STATE ROAD ACCEPTANCES
On the motion of Mr. Gecker, seconded by Mr. Holland, the
Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
09-656
11/18/09
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: Somers Lark B
Tvoe Chance to the Secondary System of State
Reason for Change: New subdivision street
Pursuant to Code of Virginia §33'.1-229
Street Name and/or Route
• Laureate Laae, State Route Number 2263
Old Route Number: 0
From: Arch Hill Dr., (Rt. 2250)
To: Laureate Ct., (Rt. 7443), a distance of
Recordation Reference: Pb. 190, Pg. 95
Right of Way width (feet) = 50
• Laureate Court, State Route Number 7443
Old Route Number: 0
From: Laureate Ln.,(Rt. 2263)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: 12/2/2009
Right of Way width (feet) = 40
• Laureate Lane, State Route Number 2263
Old Route Number: 0
From: Laureate Ct.,(Rt. 7443)
To: Laureate Tn., (Rt. 7444), a distance of:
Recordation Reference: 12/2/2009
Right of Way width (feet) = 50
• Laureate Tura, State Route Number 7444
Old Route Number: 0
From: Laureate Ln.,(Rt. 2263)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: 12/2/2009
Right of Way width (feet) = 40
• Laureate Lane, State Route Number 2263
Old Route Number: 0
From: Laureate Tn.,(Rt. 7444)
To: Wadsworth Dr.,(Rt. 2251), a distance of
Recordation Reference: 12/2/2009
Right of Way width (feet) = 50
09-657
Addition
0.02 miles.
0.05 miles.
0.07 miles.
11/18/09
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And, further, the Board adopted the following resolution:
u
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: Arabella at the Highlaads
Type Change to the Secondary System of State Additioa
Reason for Chaage: New subdivision street
Pursuaat to Code of Virgiaia §33.1-229
Street Name aad/or Route
• 8astfair Drive, State Route Number 5186
Old Route Number: 0
From: Woodpecker Rd., (Rt. 628)
To: Arabella Dr., (Rt. 7424), a distance of: 0.37 miles.
Recordation Reference: Pb. 163, Pg.16
Right of way width (feet) = 90
• Sastfair Drive, State Route Number 5186
Old Route Number: 0
From: Arabella Dr., (Rt. 7424)
To: 0.29 mile north of Arabella Dr., (Rt. 7424), a distance of: 0.29
miles.
Recordation Reference: Pb. 163, Pg.16
Right of Way width (feet) = 90
• Arabella Drive, State Route Number 7424
Old Route Number: 0
From: Eastfair Dr., (Rt. 5186)
To: Wynnstay Ln., (Rt. 7425), a distance of: 0.08 miles.
Recordation Reference: Pb. 163, Pg.16
Right of Way width (feet) = 50
• Arabella Drive, State Route Number 7424
Old Route Number: 0
From: Wynnstay Ln., (Rt. 7425)
To: Cul-de-sac, a distance of: 0.21 miles.
Recordation Reference: Pb. 163, Pg.16
09-658
11/18/09
Right of Way width (feet) = 50
• Wynnstay Lane, State Route Number 7425
Old Route Number: 0
From: Arabella Dr., (Rt. 7424)
To: Wynnstay Ct., (Rt. 7426), a distance of:
Recordation Reference: Pb. 163, Pg.16
Right of Way width (feet) = 50
• Wynnstay Lane, State Route Number 7425
Old Route Number: 0
From: Wynnstay Ct., (Rt. 7426)
To: Cul-de-sac, a distance of: 0.10 miles.
Recordation Reference: Pb. 163, Pg.16
Right of Way width (feet) = 50
• Wynnstay Court, State Route Number 7426
Old Route Number: 0
From: Wynnstay Ln., (Rt. 7425)
To: Cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: Pb. 163, Pg.16
Right of Way width (feet) = 50
0.26 miles.
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: Grampian @ Highlands
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
• Duntruae Drive, State Route Number 7430
Old Route Number: 0
From: Eastfair Dr., (Rt. 5186)
To: Duntrune Ct,.(Rt. 7431), a distance of: 0.06 miles.
Recordation Reference: Pb. 169, Pg. 98
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09-659
11/18/09
Right of Way width (feet) = 50
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• Duatruae Drive, State Route Number 7430
Old Route Number: 0
From: Duntrune Ct., (Rt. 7431)
To: Cul-de-sac, a distance of: 0.09 miles.
Recordation Reference: Pb. 169, Pg. 98
Right of Way width (feet) = 50
• Duntrune Court, State Route Number 7431
Old Route Number: 0
From: Duntrune Dr., (Rt. 7430)
To: Cul•-de-sac, a distance of: 0.10 miles.
Recordation Reference: Pb. 169, Pg. 98
Right of Way width (feet) = 50
• Grampian Laae, State Route Number 7432
Old Route Number: 0
From: Duntrune Dr., (Rt. 7430)
To: Grampian Ct., (Rt. 7433), a distance of:
Recordation Reference: Pb. 169, Pg. 98
Right of Way width (feet) = 50
• Grampian Court, State Route Number 7433
Old Route Number: 0
From: Grampian Ln., (Rt. 7432)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb. 169, Pg. 98
Right of Way width (feet) = 50
• Grampian Lane, State Route Number 7432
Old Route Number: 0
From: Grampian Ct., (Rt. 7433)
To: Cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: Pb. 169, Pg. 98
Right of Way width (feet) = 50
0.15 miles.
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.
09-660
11/18/09
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: Hallsley 1 (Portion of)
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
• Brightwalton Road, State Route Number 7446
Old Route Number: 0
From: Old Hundred Rd.,(Rt. 652)
To: Bedwyn Ln.,(Rt 7451), a distance of: 0.42 miles.
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 90
• Brightwalton Road, State Route Number 7446
Old Route Number: 0
From: Bedwyn Ln., (Rt. 7451)
To: Duns Tew Dr.,(Rt. 7447), a distance of: 0.08 miles.
Recordation Reference: Pb. 174, Pg. 1
Right of way width (feet) = 90
• Brightwalton Road, State Route Number 7446
Old Route Number: 0
From: Duns Tew Dr., (Rt. 7447)
To: Farnborough Dr.,(Rt. 7450), a distance of: 0.16 miles.
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 90
• Duas Tew Drive, State Route Number 7447
Old Route Number: 0
From: Brightwalton Rd., (Rt. 7446)
To: Alsdell Rd.,(Rt. 7448), a distance of: 0.08 miles.
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 44
• Alsdell Road, State Route Number 7448
Old Route Number: 0
From: Duns Tew Dr.,(Rt. 7447)
To: Temp EOM, a distance of: 0.09 miles.
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 44
• Alsdell Road, State Route Number 7448
Old Route Number: 0
From: Duns Tew Dr., (Rt. 7447)
To: Alsdell Tn., (Rt. 7449), a distance of
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 44
• Alsdell Tura, State Route Number 7449
Old Route Number: 0
From: Alsdell Rd.,(Rt. 7448)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 40
0.07 miles.
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11/18/09
• Alsdell Road, State Route Number 7448
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Old Route Number: 0
From: Alsdell Tn., (Rt. 7449)
To: Temp EOM, a distance of: 0.14 miles.
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 44
• Farnborough Drive, State Route Number 7450
Old Route Number: 0
From: Brightwalton Rd.,(Rt. 7446)
To: Bedwyn Ln.,(Rt. 7451), a distance of: 0.28 miles.
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 44
• Farnborough Drive, State Route Number 7450
Old Route Number: 0
From: Bedwyn Ln.,(Rt. 7451)
To: Temp EOM, a distance of: 0.03 miles.
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 44
• Bedwyn Lane, State Route Number 7451
Old Route Number: 0
From: Farnborough Dr.,(Rt. 7450)
To: Swindon Ct.,(Rt. 7452), a distance of:
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 44
• Swindon Court, State Route Number 7452
Old Route Number: 0
From: Bedwyn Ln., (Rt. 7451)
To: Cul-de-sac, a distance of: 0.12 miles.
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 44
• Bedwyn Laae, State Route Number 7451
Old Route Number: 0
From: Swindon Ct.,(Rt. 7452)
To: Bedwyn Ct.,(Rt. 7453), a distance of:
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 44
• 8edwya Court, State Route Number 7453
Old Route Number: 0
From: Bedwyn Ln.,(Rt. 7451)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 40
• Bedwya Lane, State Route Number 7451
Old Route Number: 0
From: Bedwyn Ct.,(Rt. 7453)
To: Draycot Dr.,(Rt. 7454), a distance of:
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 44
• Draycot Drive, State Route Number 7454
Old Route Number: 0
09-662
0.16 miles.
0.08 miles.
0.16 miles.
11/18/09
From: Bedwyn Ln.,(Rt. 7451)
To: Temp EOM, a distance of: 0.04 miles.
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 44
• Bedwyn Lane, State Route Number 7451
Old Route Number: 0
From: Draycot Dr.,(Rt. 7454)
To: Brightwalton Rd.,(Rt. 7446), a distance of: 0.05 miles.
Recordation Reference: Pb. 174, Pg. 1
Right of Way width (feet) = 44
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS,. the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests)
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the',
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: Haywood Village
Tvpe Change to the Secondary System of State Addition
Reasoa for Chaage: New subdivision street
Pursuant to Code of Virginia §33.1-229
Street Name aad/or Route
• Colony Oak Laae, State Route Number 7363
Old Route Number: 0
From: 0.02 miles north of Colony Forest Dr., (Rt. 7360)
To: Charter Landing Dr., (Rt. 7277), a distance of: 0.02 miles.
Recordation Reference: Pb. 167, Pg. 30
Right of Way width (feet) = 44
• Colony Oak Lane, State Route Number 7363
Old Route Number: 0
From: Charter Landing Dr., (Rt. 7277)
To: Colony Oak Tr., (Rt. 7438), a distance of: 0.09 miles.
Recordation Reference: Pb. 167, Pg. 30
Right of Way width (feet) = 44
• Colony Oak Terrace, State Route Number 7438
Old Route Number: 0
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09-663
11/18/09
From: Colony Oak Ln., (Rt. 7363)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb. 167, Pg. 30
Right of Way width (feet) = 44
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• Colony Oak Terrace, State Route Number 7438
Old Route Number: 0
From: Colony Oak Ln., (Rt. 7363)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Pb. 167, Pg. 30
Right of Way width (feet) = 44
• Charter Laadiag Drive, State Route Number 7277
Old Route Number: 0
From: Colony Oak Ln., (Rt. 7363)
To: Charter Landing Ct., (Rt. 7439), a distance of
Recordation Reference: Pb. 167, Pg. 30
Right of Way width (feet) = 44
Recordation Reference: Pb. 167, Pg. 30
Right of Way width (feet) = 44
• Charter Landing Court, State Route Number 7439
Old Route Number: 0
From:Charter Landing Dr., (Rt. 7277)
To: Cul-de-sac, a distance of: 0.13 miles.
• Charter Landing Drive, State Route Number 7277
Old Route Number: 0
From: Charter Landing Ct., (Rt. 7439)
To: 0.04 miles north of Abrahams Ln.,
miles.
Recordation Reference: Pb. 167, Pg. 30
Right of Way width (feet) = 50
0.29 miles.
(Rt. 7275), a distance of: 0.03
And, further, the Board adopted the following resolution:
WHEREAS, the street described below is shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
09-664
11/18/09
Type Change to the Secondary System of State Abandonment
Reason for Change: VDOT Project
Pursuant to Code of Virginia §33.1-155
Street Name and/or Route
• Old Bon Air Road, State Route Number 718
Old Route Number: 0
From: O.Ol miles northeast of Iron Mill Rd., (Rt. 2652)
To: 0.20 miles northeast of Iron Mill Rd., (Rt. 2652), a distance of:
0.19 miles.
Type Change to the Secondary System of State Addition
Reason for Change: VDOT Project
Pursuant to Code of Virginia §33.1-229
Street Name and/or Route
• Old Boa Air Road, State Route Number 718
Old Route Number: 0
From: 0.01 miles northeast of Iron Mill Rd., (Rt. 2652)
To: 0.19 miles northeast of Iron Mill Rd., (Rt. 2652), a distance of:
0.18 miles.
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:
WHEREAS, the street described below is shown on plats)
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: Watkins Centre Parkway
Tvoe Chance to the Secondary System of State
Reason for Change: New subdivision street
Pursuant to Code of Virginia §33.1-229
Street Name and/or Route
• Watkins Centre Parkway, State Route Number 7225
Old Route Number: 0
From: Midlothian Tp., (Rt. 60)
Addition
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11/18/09
To: 0.11 miles north of Midlothian Tp., (Rt. 60), a distance of: 0.11
miles.
Recordation Reference: Db. 8083 Pg. 908
Right of Way width (feet) = var
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• Watkins Centre Parkway, State Route Number 7225
Old Route Number: 0
From: 0.11 miles north of Midlothian Tp., (Rt. 60)
To: 0.14 miles north of Midlothian Tp., (Rt. 60), a distance of: 0.03
miles.
Recordation Reference: Db. 8083 Pg. 908
Right of Way width (feet) = var
• Waktias Ceatre Parkway, State Route Number 7225
Old Route Number: 0
From: 0.14 miles north of Midlothian Tp., (Rt. 60)
To: 0.55 miles north of Midlothian TP., (Rt. 60), a distance of: 0.41
miles.
Recordation Reference: Db. 8083 Pg. 908
Right of Way width (feet) = 90
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.5. APPROVAL OF DESIGN, AUTHORIZATION TO ENTER INTO
AGREEMENTS, AND AWARD OF CONSTRUCTION CONTRACT FOR
THE RIVER ROAD AT NORTH IVEY MILL ROAD SIGHT DISTANCE
IMPROVEMENT PROJECT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved the design for the River Road at North Ivey Mill
Road Sight Distance Improvement Project; authorized the
Chairman of the Board of Supervisors and the County
Administrator to execute easement agreements for relocation
of utilities if needed; and authorized the award of a
construction contract, up to $200,000, to the lowest
responsible bidder.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.6. CANCEL A PUBLIC HEARING TO CONSIDER THE ABANDONMENT
OF A STATE ROAD ADJACENT TO WATRINS CENTRE PARItWAY
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
canceled the public hearing scheduled for November 18, 2009
to consider the abandonment of a state road adjacent to
Watkins Centre Parkway.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.7. AWARD OF CONSTRUCTION CONTRACT TO JOHNSON AND GLAZIER
CONSTRUCTION COMPANY, INCORPORATED FOR THE JAHNRE
ROAD WATER LINE IMPROVEMENT PROJECT
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved the construction contract with Johnson & Glazier
Construction Co., Inc. in the amount of $460,337.50 and
09-666
11/18/09
authorized the County Administrator to execute the necessary
documents.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.8. REQUESTS FOR PERMISSION
8.D.8.a. FROM RICHARD M. WOOD AND BETH T. WOOD FOR AN
EXISTING CONCRETE DRIVEWAY AND A PROPOSED CONCRETE
BLOCK RETAINING WALL TO ENCROACH WITHIN A SIXTEEN-
FOOT DRAINAGE EASEMENT ACROSS LOT 6, KING'S FARM AT
RIVERDOWNS, SECTION 5
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request for permission from Richard M. Wood and
Beth T. Wood for an existing concrete driveway and a proposed
concrete block retaining wall to encroach within a 16-foot
drainage easement across Lot 6, King's Farm At Riverdowns,
Section 5, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.8.b. FROM SHERRY M. CONFER FOR A PROPOSED AND EXISTING
FENCE TO ENCROACH WITHIN AN EIGHT-FOOT EASEMENT
ACROSS LOT 21, BLOCK O, SCOTTINGHAM, SECTION H
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request for permission from Sherry M. Confer for a
proposed and existing fence to encroach within an 8-foot
easement across Lot 21, Block O, Scottingham, Section H,
subject to the execution of a license agreement. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.8.c. FROM ZHE ZHANG AND FEI HAN FOR A WOODEN PICKET
FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE
EASEMENT ACROSS LOT 63, EDGEWATER AT THE RESERVOIR,
CFC"TT[1N ft
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request for permission from Zhe Zhang and Fei Han
for a wooden picket fence to encroach within a 16-foot
drainage easement across Lot 63, Edgewater At the Reservoir,
Section 8, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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11/18/09
8.D.8.d. FROM LATC, LLC FOR BRICK PAVERS TO ENCROACH WITHIN
A TWENTY-FOOT SEWER EASEMENT ACROSS PROPERTY AT
13200 NORTH WOOLRIDGE ROAD THE HEADSTOCK
AMPHITHEATRE AT THE GREEN
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On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request for permission from LATC, LLC for brick
pavers to encroach within a 20-foot sewer easement across
property at 13200 North Woolridge Road the Headstock
Amphitheatre At The Green, subject to the execution of a
license agreement . ( 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.D.8.e. FROM LATC, LLC FOR STAGE STRUCTURE, DECK, SEATING
AREA, PROPOSED ASPHALT PATH, EXISTING WOODEN BRIDGE
AND BRICK PAVERS TO ENCROACH WITHIN A VARIABLE.
WIDTH STORM WATER MANAGEMENT SYSTEM BEST MANAGEMENT
PRACTICE SYSTEM EASEMENT ACROSS PROPERTY AT 13200
WOOLRIDGE ROAD THE HEADSTOCK AMPHITHEATRE AT THE
GREEN
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On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request for permission from LATC, LLC for stage
structure, deck, seating area, proposed asphalt path,
existing wooden bridge and brick pavers to encroach within a
variable width SWM/BMP easement across property at 13200
Woolridge Road the Headstock Amphitheatre At the Green,
subject to the execution of a license agreement. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.8.f. FROM ANGELA NADEAU FOR A PROPOSED BLOCK RETAINING
WALL AND FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT
EASEMENT ACROSS LOT 3, THE SANCTUARY AT WATERMILL,
SECTION A
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request for permission from Angela Nadeau for a
proposed block retaining wall and fence to encroach within a
16-foot easement across Lot 3, The Sanctuary At Watermill,
Section A. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.8.g. FROM WESTERLEIGH COMMUNITY ASSOCIATION,
INCORPORATED FOR AN ASPHALT WALKWAY TO ENCROACH
WITHIN A SIXTEEN-FOOT SEWER EASEMENT BETWEEN LOTS 1
AND 2, WESTERLEIGH, SECTION 2
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved a request for permission from Westerleigh Community
Association, Inc. for an asphalt walkway to encroach within a
16-foot sewer easement between Lots 1 and 2, Westerleigh,
Section 2, subject to the execution of a license agreement.
09-668
11/18/09
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.9. ACCEPTANCE OF PARCELS OF LAND
8.D.9.a. ALONG CLOVERLEAF DRIVE FROM CASWELL ASSOCIATES
LIMITED PARTNERSHIP
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.263.,
acres along Cloverleaf Drive from Caswell Associates Limited
Partnership, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.9.b. FOR THE EXTENSION OF WEIR ROAD FROM DSRA II, LLC
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of parcels of land containing a total
of 0.806 acres for the extension of weir Road from DSRA, II,
LLC, and authorized the County Administrator to execute the
deed. (It is noted copies of the plats are filed with the
paper of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.9.c. ALONG GENITO ROAD FROM GENITO STATION LP
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.045
acres along Genito Road from Genito Station LP, and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.9.d. ALONG COURTHOUSE ROAD FROM HYLES BAPTIST CHURCH
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of parcels of land containing a total
of 0.263 acres along Courthouse Road from Hyles Baptist
Church, and authorized the County Administrator to execute
the deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.9.e. ALONG GENITO ROAD FROM SHOCKLEY, LLC
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.026
acres along Genito Road from Shockley, LLC, and authorized
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the County Administrator to execute the deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.11. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT
WATER EASEMENT ACROSS THE PROPERTY OF KOHL'S
DEPARTMENT STORES, INCORPORATED
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16-foot water easement across the property of
Kohl's Department Stores, Inc. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.12. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.D.12.a. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE DEPARTMENT OF UTILITIES TO PAY THE CONNECTION
FEE TO INSTALL AN IRRIGATION SYSTEM IN A MEDIAN
LOCATED WITHIN VIRGINIA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY ON RIVERTON RIDGE
DRIVE
U
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
transferred $4,440 from the Midlothian District Improvement
Fund to the Department of Utilities to pay the connection fee
to install an irrigation system in a median located within
VDOT right-of-way on Riverton Ridge Drive.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.12.b. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE SCHOOL BOARD TO PURCHASE AUTOMATION EQUIPMENT
AND LITERACY INSTRUCTIONAL BOORS FOR ROBIOUS
ELEMENTARY SCHOOL
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
transferred $6,143 in Midlothian District Improvement Funds
to the Chesterfield County School Board to purchase two Dell
laptop computers, 16 CD players, whiteboards, mathematics
kits and literacy instruction books for Robious Elementary
School.
Ayes: warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.12.c. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE CHEERLEADING UNIFORMS FOR
TOMAHAWK CREEK MIDDLE SCHOOL
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
transferred $800 from the Matoaca District Improvement Fund
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to the School Board to purchase cheerleading uniforms for
Tomahawk Creek Middle School.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.12.d. FROM THE CLOVER HILL DISTRICT IMPROVEMENT FUND TO
THE TRANSPORTATION DEPARTMENT To APPLY SLUK1iY 515AL
ON PORTIONS OF SMOKETREE DRIVE AND GORDON SCHOOL
ROAD
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
transferred $40,000 in Clover Hill District Improvement Funds
to the Transportation Department to apply slurry seal on
portions of Smoketree Drive and Gordon School Road.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
The following items were pulled for the Consent Agenda for
Board comment:
8.D.1. ADOPTION OF THE 2010 LEGISLATIVE PROGRAM
Mr. Gecker stated there have been discussions in the General
Assembly about school funding formulas and what gets funding
for Standards of Quality.. He requested the Board consider
adding support for including in the legislative package
opposition to any formula change which essentially results in
a reduction of funding to the county schools.
Ms. Curtin stated that position is in concert with the School
Board's position.
In response to Ms. Jaeckle's request, Ms. Curtin stated staff
can draft language to place in the legislative program which
will continue moving towards the county's goal of increasing
the Medicaid waiver vouchers.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the 2010 Legislative Program, as amended.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.D.3. SET DATES FOR PUBLIC HEARINGS
8.D.3.a. TO CONSIDER APPROVING A LEASE-PURCHASE AGREEMENT
WITH CHESTERFIELD ALTERNATIVES, INCORPORATED FOR A
BUILD-A-HOUSE PROJECT LOCATED ON PROPERTY ADJACENT
TO MEADOWBROOK HIGH SCHOOL
Mr. Gecker requested more information in regards to the
financial relationship between the county and Chesterfield
Alternatives prior to the public hearing. He stated the
county is proposing to put a house next to Meadowbrook High
School and he would like more information as to what the
house will look like.
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On motion of Mr. Gecker, seconded by Mr. Holland, the Board
set December 2, 2009 for a public hearing for the Board to
consider approving a lease-purchase agreement with
Chesterfield Alternatives, Incorporated for a Build-A-House
Project located on property adjacent to Meadowbrook High
School.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
8.C.10. TRANSFER OF FUNDS AND AUTHORIZATION TO PROCEED WITH
EPPES FALLS ROAD PAVING AND ROUTE 360 EASTBOUND LANE
EXTENSION AT ASHLAKE PARKWAY PROJECTS
Mr. Gecker stated the paving project on Hull Street Road is a
project that needs to be done. He further stated the
expenditure for the paving of Eppes Falls Road is not a
priority for the county and should not be funded from the
General Fund at this time.
Ms. Durfee stated these two requests, which both involve
safety, were brought to her by concerned citizens. She
further stated the Hull Street Road paving project will allow
police and fire to maneuver through traffic traveling west.
She stated school buses are not able to travel on Eppes Falls
Road to pick up or drop off students. She further stated the
funds for this project can come out of the general
transportation fund.
0
Mr. Gecker stated the county does not have a priority of
paving dirt roads.
Ms. Durfee stated the Eppes Falls Road paving project is not
on a road priority list.
Mr. Gecker stated money is money and every dollar that comes
out of the limited pool means there is less to do other
things.
In response to Mr. Gecker's question, Mr. McCracken addressed
whether school buses are able to travel down the road. He
further stated there have been Board members in the past who
have requested individual projects. He stated paving dirt
roads has been a low priority for the county.
Mr. Gecker stated the paving on Hull Street Road makes
perfect sense, which will solve a problem relatively
inexpensively. He further stated there are other areas in
the county where perhaps the money being spent would have the
dual benefit of supporting economic development as well as
transportation needs.
Ms. Durfee stated she was still gathering facts on this
request. She further stated a school bus does not have the
ability to travel Eppes Falls Road and turn around. She
stated the citizens are requesting to have the road paved so
the school children will have a road to travel. She
requested the opportunity to defer the request for 30 days.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
deferred the transfer of funds and authorization to proceed
with Eppes Falls Road Paving Project.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09-672
11/18/09
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
transferred $85,000 for the Route 360 Eastbound Lane
Extension at Ashlake Parkway, from the General Road
Improvement Account; and authorized the County Administrator
to enter into the customary VDOT/County/consultant
/contractor, design, right-of-way acquisition, environmental
permitting and/or construction agreements, acceptable to the
County Attorney, for the project; and authorized
advertisement and award of construction contract to the
lowest responsible bidders, up to $85,000 for the Route 360
Eastbound Lane Extension at Ashlake Parkway project.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
In response to Mr. Warren's question, Mr. McCracken stated
the county has approximately 12 miles of unpaved roads in the
system. He further stated the unpaved roads in the county
have homes on them.
Mr. Holland requested a list of all of the unpaved roads in
the Dale District.
Mr. McCracken stated he would get the list of all of the
unpaved roads in the county to Board members.
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
Ms. Nancy Brown, President of the Chesterfield Humane
Society, addressed the Board relative. to the Chesterfield
Animal Shelter working with Richmond Animal League to provide
low-cost spaying and neutering of shelter animals prior to
adoption.
Ms. Sharon Cornett, President of Richmond Animal League,
urged the Board to establish a no-kill policy for the
Chesterfield Animal Shelter. She provided details of the
Richmond Animal League's new facility built in Chesterfield
to assist with low-cost spaying and neutering of shelter
animals.
Ms. Jaeckle expressed appreciation for the Richmond Animal
League's work.
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Mr. Bob Olsen addressed the Board relating to the need for
enforcement of portable signs placed by businesses.
Ms. Andrea Epps expressed appreciation to the Fire Department
for their quick action when her chimney caught on fire.
11. DINNER
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
recessed to the Lane B. Ramsey Administration Building, Room
502 for dinner.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Reconvening:
12. INVOCATION
Dr. Timothy Amador, Senior Pastor, Iglesia Bautista
Misionera, gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Stephen Andrew Butler, Jr. led the Pledge of
Allegiance to the Flag of the United States of America.
14. RESOLUTIONS
14.A. RECOGNIZING DELEGATE KIRK COX FOR HIS SUPPORT OF
ECONOMIC AND COMMUNITY DEVELOPMENT EFFORTS
Mr. Davis introduced Delegate Kirk Cox, who was present to
receive the resolution.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Delegate Cox has served the 66th District of
the House of Delegates, including 14 precincts in
Chesterfield County, since 1989; and
WHEREAS, Delegate Cox serves on the House Appropriations
Committee as Chairman of the Economic Development,
Agriculture, and Natural Resources Subcommittees; and
WHEREAS, Delegate Cox is a strong proponent of the
Commonwealth's economic efforts and an avid supporter of
funding of economic development programs, including the
Governor's Opportunity Fund, to ensure Virginia is well-
positioned in an increasingly competitive environment; and
WHEREAS, Delegate Cox was the patron of legislation that
provides incentive financing for major employment and
investment projects to better position Virginia to make the
09-674
11/18/09
infrastructure improvements necessary to attract major new
employers or "mega" projects to the Commonwealth; and
WHEREAS, Delegate Cox is also a strong supporter of the
military, championing some 60 pieces of legislation in
support of veterans, the military, and the war on terror,
including introduction of landmark legislation to provide tax
relief for junior military members from Virginia; and
WHEREAS, Delegate Cox has endeavored to make Virginia
the best place to live, work, and raise a family through his
leadership efforts on a wide variety of issues important to
his constituents such as quality education, economic
development, and low taxes.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 18th day of November 2009,
publicly recognizes and thanks Delegate Kirk Cox for his
support of economic and community development efforts to
advance the prosperity of Chesterfield County and the
Commonwealth, and congratulates him on his receipt of the
Virginia Economic Developers Association Legislator of the
Year award for 2009.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Delegate Cox and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Warren expressed appreciation to Delegate Cox for his
support of Chesterfield County, Colonial Heights and to the
General Assembly.
Delegate Cox expressed appreciation to the Board for the
recognition and to Mr. Davis for the nomination.
14.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
14.B.1. MR. STEPHEN ANDREW BUTLER, JR., MIDLOTHIAN DISTRICT
14.B.2. MR. BRENT JARRED ELDER, BERMUDA DISTRICT
14.B.3. MR. JAMES ADAM FLETCHER, BERMUDA DISTRICT
Mr. Kappel introduced Mr. Stephen Andrew Butler, Jr., Mr.
Brent Jarred Elder, and Mr. James Adam Fletcher, who were
present along with members of their family, to receive their
resolutions.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
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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. Stephen Andrew Butler, Jr., Troop 1891,
sponsored by Bon Air United Methodist Church, and Mr. Brent
Jarred Elder and Mr. James Adam Fletcher, both of Troop 2877,
sponsored by Chester Presbyterian Church, have accomplished
those high standards of commitment and have 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 their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for a role as leaders in
society, Steve, Brent and Adam have distinguished themselves
as 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 18th day of November 2009,
publicly recognizes Mr. Stephen Andrew Butler, Jr., Mr. Brent
Jarred Elder and Mr. James Adam Fletcher, extends
congratulations on their attainment of Eagle Scout, and
acknowledges the good fortune of the county to have such
outstanding young men as its citizens.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Gecker and Ms. Jaeckle the presented the executed
resolutions and patches to Mr. Butler, Mr. Elder and Mr.
Fletcher, congratulated them on their achievements and wished
them well in future endeavors.
Mr. Butler, Mr. Elder and Mr. Fletcher provided details of
their Eagle Scout projects and expressed appreciation for
their parents' support.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
C*
Ms. Jane Weisenfels, a county resident, requested the Board
establish a committee to work with the Chesterfield Animal
Shelter to establish no-kill guidelines.
Ms. Jane Lanham, a county resident, requested the Board
establish a committee to work with the Chesterfield Animal
Shelter to establish no-kill guidelines. She stated the
Chesterfield Humane Society is unequipped to deal with the
problems at the shelter.
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Mr. Bob Herndon addressed the Board regarding establishment
of a committee to work with the Chesterfield Animal Shelter
to establish no-kill guidelines.
Ms. Robin Starr, the CEO of Richmond SPCA, addressed the
Board relative to establishing a partnership with
Chesterfield County to remove healthy animals from the animal
shelter to assist with adoption.
Mr. Ron Ridenour, a county resident, addressed the Board
regarding the need to make the application for Real Estate
Tax Relief for the elderly more user friendly.
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
~ncun~~2
In Clover Hill Magisterial District, REGINA C. FOSTER
requests Conditional Use and amendment of zoning district map
to permit a group care facility in a Residential (R-7)
District on .3 acre and known as 1417 Chevelle Drive. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 2.51 to 4.0 dwelling units
per acre. Tax ID 763-700-1142.
Mr. Turner stated the applicant has now withdrawn the
proposal and it would be appropriate for the Board to
acknowledge the withdrawal.
Mr. Warren called for public comment.
There being no one to address the request for withdrawal, the
public hearing was closed.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
acknowledged the withdrawal of Case lOSN0112.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
lOSN0110
In Bermuda Magisterial District, BOBBY W. POWERS requests
renewal of manufactured home permit 04SN0254 to permit a
temporary manufactured home in a Residential (R-7) District
on .35 acre known as 2621 Velda Road. The density of such
amendment is approximately 2.9 units per acre. The
Comprehensive Plan suggests the property is appropriate for
community commercial use. Tax ID 794-666-5947.
Mr. Turner stated Ms. Jaeckle is requesting deferral of Case
lOSN0110 to the regularly scheduled January 2010 meeting. He
further stated the applicant was notified and decided not to
attend the meeting.
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Mr. Warren called for public comment.
^!~
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There being no one to address the request, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
deferred Case lOSN0110 to the regularly scheduled January
2010 meeting.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08SN0285
In Bermuda Magisterial District, EMERSON-ROPER COMPANIES, LLC
requests, rezoning and amendment of zoning district map from
Agricultural (A) to Community Business (C-3) with Conditional
Use to permit multifamily use plus Conditional Use Planned
Development to permit exceptions to Ordinance requirements on
5.0 acres fronting 290 feet on the north line of Chester
Village Drive across from Village Creek Drive. Density will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for neighborhood mixed use uses. Tax ID 787-657-6225.
Mr. Turner stated Ms. Jaeckle is requesting that the Board
remand Case 08SN0285 to the Planning Commission.
Ms. Carrie Coyner, the applicant's representative, stated she
is in agreement with remanding the case to the Planning
Commission.
Mr. Warren called for public comment.
There being no one to address the remand request, the public
hearing was closed.
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
remanded Case 08SN0285 to the Planning Commission.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09SN0226 (Amended)
In Clover Hill Magisterial District, RICHARD E. STRAUSS
requests rezoning from Light Industrial (I-1) to General
Business (C-5) on 2.5 acres fronting 380 feet on the east
line of Johnston Willis Drive, 210 feet north of Trade Court.
Density will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for office use. Tax IDs 746-707-6556 and 6940.
Mr. Turner presented a summary of Case 09SN0226 and stated
both the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. Richard Strauss stated the recommendation was acceptable.
09-678
11/18/09
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
approved Case 09SN0226 and accepted the following proffered
conditions:
1. The following uses shall not be permitted:
a. Convenience stores
b. Drugstore/pharmacy
c. Grocery stores
d. Hardware store
e. Restaurants
f. Shopping centers
g. Clothing stores.
h. Department stores
i. Funeral homes or mortuaries
j. Furniture stores
k. Meat or seafood markets
1. Medical facilities or clinics
m. Pet shops, including pet grooming
n. Radio, television and other home
entertainment, sales and services
o. Rest, convalescent or nursing homes and other
group care facilities
p. Sporting goods sales
q. Toy stores
r. Veterinary clinics
s. Automobile. self-service and service stations
t. Hospitals
u. Cocktail lounges and nightclubs
v. Home centers
w. Hotels
x. Indoor flea markets
y. Recreational establishments, commercial in-
door and outdoor
z. Theaters, to include drive-in theaters
aa. Veterinary hospitals and/or commercial kennels
bb. Material reclamation receiving centers
cc. Travel trailer parks
dd. Boat sales, service, repair and rental
ee. Building material sales yards
ff. Contractor's shops and storage yards
gg. Display sheds, garages, carports and houses
sales including "shell" houses sales
hh. Manufactured home, modular home and travel
trailer sales, service, repair and rental
ii. Motels, motor courts or tourist homes
jj. Tractor-trailer service stations
kk. Utility trailer and truck sales, service and
repair, except for municipal vehicles
11. Truck terminals
mm. Manufacturing of apparel and other finished
products made from fabrics, leather and
similar materials, except leather tanning
nn. Bakery products manufacturing
oo. Blending, mixing and compounding of
manufactured goods
pp. Bottling and canning soft drinks and
carbonated water
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11/18/09
qq. Broom and brush manufacturing
rr. Confectionery and related products
manufacturing
ss. Converting paper to paperboard products,
paperboard containers and boxes
tt. Cosmetics and toiletries (compounding only)
manufacturing
uu. Dry cleaning plants
vv. Fabricating sheet metal products
ww. Freight forwarding, packaging and crating
services
xx. Linoleum, asphalt-feltbase and other hard
surface floor manufacturing
yy. Mortician's goods manufacturing
zz. Paper recycling by the compaction method
aaa. Wine, brandy and brandy spirits manufacturing
bbb. Schools - commercial, trade, music, dance,
business, vocational and training (P)
2. The building materials and architectural elevations
shall be similar to those depicted in the
"Exhibit". Overhead doors on the front of the
building shall be limited to a maximum of two (2)
ten (10) foot doors. (P)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
lOSN0106
In Dale Magisterial District, NVR, INC. requests amendment of
Conditional Use Planned Development (Cases 05SN0219 and
08SN0238) and amendment of zoning district map relative to
garage orientation and house sizes in a Residential (R-12)
District on 185.7 acres fronting 1700 feet on the east line
of Conifer Road at its intersection with Old Hopkins Road.
Density will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 2.51 - 4.0 dwelling units
per acre. Tax IDs 784-675-1052; 784-676-5382, 5981, 6098,
6679, 7378, 7395, 7976, 8093, 8674, 8792 and 9372; 784-677-
5400; 785-675-2976, 3080, 3186, 3291, 3397, 3771, 3975, 4081,
4186, 4291 and 4496; 785-676-0071, 0089, 0769, 2781, 2890,
3401, 3607, 3712, 3818, 4502, 4607 and 8097; 785-677-1340,
1434, 2754, 3100, 3236, 3310, 3418, 3527, 3658 and 4240.
Mr. Turner presented a summary of Case lOSN0106 and stated
both the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Ms. Carrie Coyner, the applicant's representative, requested
the Board approve the request subject to the proffered
conditions.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved Case lOSN0106 and accepted the following proffered
conditions:
09-680
11/18/09
The Applicant in this zoning case, pursuant to Section 15.2-
2298 of the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for itself and its
successors or assigns, proffers that the development of the
property as reflected in the application, and subject to the
conditions and provisions of Case No. 05SN0219 and the
condition as set forth below.
1. Garages: The location of the Cluster Lots and
Townhouse Lots having front loaded
garages shall be identified on the
conceptual subdivision plan and the
record plat.
A. On Cluster Lots, a minimum of fifty percent
(500) of the garages shall have a setback. of
at least five (5) feet from the front face of
the building, or shall be rear-loaded or side-
loaded.
B. A maximum of twenty-five percent (25%) of the
Townhouse Lots shall have front loaded
garages. (P)
(STAFF NOTE: This proffered condition supersedes
Proffered Condition 17 of Case 05SN0219.)
2. Minimum Square Footage:
A. The minimum gross floor area for detached
dwelling units shall be 1600 square feet,
except that detached one-story dwelling units
on lots smaller than 12,000 square feet shall
have a minimum gross floor area of 1400 square
feet.
B. The minimum gross floor area for townhouses
shall be 1280 square feet. (P)
(STAFF NOTE: This proffered condition supersedes
proffered condition of Case 08SN0238.)
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
08SN0235
In Midlothian Magisterial District, HOLIDAY SIGNS, INC.
requests Conditional Use and amendment of zoning district map
to permit a computer-controlled, variable message, electronic
sign in a General Business (C-5) District on 11.2 acres
fronting approximately 270 feet on the north line of Hull
Street Road, approximately 420 feet east of Turner Road also
fronting approximately 370 feet on the east line of Turner
Road, approximately 280 feet north of Hull Street Road.
Density will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for general commercial/light industrial and mixed
use corridor uses. Tax ID 765-698-Part of 9008.
09-681
11/18/09
Ms. Peterson presented a summary of Case 08SN0235 and stated
the Planning Commission recommends approval of the request,
which will provide an improved appearance and more
flexibility. She further stated staff recommends denial of
the request due to it not conforming to the Policy and
approval could set a precedent.
Mr. Allan Thwedt, the applicant's representative, stated he
appreciates that citizens along the Route 360 Corridor want
to make sure .the neighborhood looks nice. He provided a
brief history of electronic displays in Chesterfield County.
He stated that until recently there have not been public
complaints on electronic displays in the county. He provided
reasons why electronic displays are better for the county
than traditional signs. He stated this request is a pure
static message that will not flash. He further stated due to
the electronic message sign policy not being approved he has
lost business from business owners who wanted to install an
electronic display sign. He requested the Board to approve
this case.
Mr. Warren called for public comment.
Mr. Bob Olsen stated all of the electronic message signs in
the county are in violation of the County Code.
Mr. Paul Grascewicz, representing Surrywood Civic
Association, stated the citizens along the Route 360 Corridor
are opposed to this request.
Mr. Robert Owens, a member of the Chester Community
Association, spoke in opposition to the request. He stated
he would like to see electronic signs kept out of the
villages.
Mr. Vince Settle, a resident of Manchester Heights
Neighborhood and President of MBNH Civic Association, which
includes Manchester Heights, Marlboro, Manwell and Providence
Farms, spoke in opposition to the request. He stated if the
case is approved a precedent could be set for electronic
signs along the Route 360 Corridor.
Mr. Mike Sawyer spoke in opposition to the request, stating
the Board should require a professional engineer to sign and
seal the plans from a highway safety perspective.
Mr. John Thayer, the Chairman of the Route 360 Corridor
Committee, representing Bexley, Bexley West, Surrywood,
Forest Dale, Amberleigh, Longwood Acres, and Falling Creek
Farms communities spoke in opposition to the request.
Mr. John Grohusky, President of the Bexley West Community
Association, representing 170 homes, spoke in opposition to
the request. He stated there are hundreds of businesses
along Hull Street Road that operate successfully without the
electronic signs.
Mr. Bill Pisa, a member of the Surrywood Civic Association,
inquired as to who monitors the electronic message signs. He
spoke in opposition to the request.
There being no one else to address the request, the public
hearing was closed.
09-682
11/18/09
Mr. Thwedt stated he respects the comments made by the
neighborhoods. He stated he has met with the Route 360
Corridor Committee, Mr. Gulley and Mr. Waller, which some
expressed opposition to the request. He further stated the
.applicant is willing to work the surrounding neighborhoods.
He stated approval of the request would not set a precedent
for proliferation of signs along the Corridor. He presented
photographs to the Board of business signs along Hull Street
Road. He stated he would like the opportunity to sit down
with the homeowner groups that oppose the request.
Mr. Warren stated the Route 360 Corridor Committee has a
specific policy relating to signs along the corridor.
In response to Mr. Warren's question, Mr. Turner stated in
many instances the electronic signs are not conforming to the
conditions due to the operators of the signs changing within
a company and the regulations not being passed on to the new
operators.
Ms. Jaeckle stated the Board is always trying to balance out
commercial and residential needs throughout the county. She
further stated an electronic message sign might be an
opportunity to make older corridors look better.
Mr. Gecker stated Case 08SN0235 has been around a long time.
He further stated although it is compelling to give the
applicant another chance to meet with the neighborhoods, this
case has been pending since June 2008. He stated the Board
should not be making ad hoc decisions to violate a policy,
but if there is a need to change the policy it should be
changed. He further stated the community opposition is clear
to the request. He stated the SPA website does not suggest
electronic signs provide a boost in sales, but rather
suggests an upgraded sign generates sales. He further stated
it is a shame the Electronic Message Committee was bogged
down with how many seconds between copy change and not the
more important issues such as location and materials. He
stated the applicant suggested there is a moratorium in the
county on electronic signs, but Robious Sports and Fitness
was successful in putting an electronic sign up at their
location. He further stated if the Board upholds standards
in specific corridors, the businesses will be benefited in
the long term. He stated the communities along the corridor
are working hard to revitalize the area.
Ms. Durfee stated it was impressive to see the citizens speak
on the electronic sign topic. She further stated each
corridor is different and the Board has to take into account
all of the different characteristics of each corridor. She
stated it was intriguing to learn there could be an analysis
done from a transportation safety aspect. She further stated
she was intrigued that there was no one from the business
community standing in support of this request.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
denied Case 08SN0235.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
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09-683
11/18/09
085N0286
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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
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.
Ms. Peterson presented a summary of Case 08SN0286 and stated
the Planning Commission recommends approval of the request,
which will provide an improved appearance and more
flexibility. She further stated staff recommends denial of
the request due to it not conforming to the Policy and
approval could set a precedent.
In response to Mr. Gecker's questions, Ms. Peterson stated
the only pictures of the request property and the building
available are along Midlothian Turnpike, not Robious Road.
She further stated the sign on the Robious Road side of the
building is a building-mounted sign. She stated the building
is shared by two tenants.
Mr. Brian Kelmar, the applicant's representative, stated the
original sign was destroyed by a storm in March 2008. He
provided details of the applicant's sign request. He stated
the height of the request is 21 feet to assist with
visibility along Midlothian Turnpike. He further stated the
Board of Supervisors deferred the request to allow changes to
be made to the electronic message sign policy, which has not
been approved yet. He stated Ms. Wendy Messner, the
applicant, is an active member of the community, who has been
at her current location for over 20 years. He further stated
most of the clients of Victory Lady Fitness come from people
driving by and seeing her signs. He stated approval of the
request will allow the applicant to use modern technology to
advertise her business.
Ms. Messner stated she loves using banners to advertise her
business, but approval of the request would eliminate the
usage of the banners. She further stated her service is
driven by emotional needs of citizens. She stated a change
is needed in communities on their health and fitness. She
further stated advertising on the radio or in the paper is
very costly and approval of the sign will reduce those costs.
Mr. Warren called for public comment.
Mr. Bob Olsen stated he would not have an issue with the sign
if the applicant would adhere to the policy. He further
stated the county has standards and needs to abide by them.
Mr. Freddy Boisseau stated electronic signs are here and the
county needs to have a policy to address the standards.
Mr. Robert Owens, representing the Chester Community
Association, requested the Board to keep electronic message
signs out of the villages in the county.
09-684
11/18/09
Ms. Cindy Ferguson stated when Victory Lady started the
process in 2008, she took letters to surrounding businesses
and never received any opposition.
Mr. Mike Sawyer stated Midlothian Turnpike is number 2 in the
Richmond Area for the number of accidents. He further stated
there is no professional engineering seal on the plans.
Mr. Paul Grascewicz spoke in opposition to the request. He
stated approval of the sign would be detrimental to the
revitalization work along the corridor.
Mr. Ben Bar, a representative from Time-O-Matic, stated
electronic message signs are here to stay. He further stated
an electronic message sign allows the business community to
thrive.
Mr. Allen Thwedt spoke in support of the request. He stated
the electronic message board would be a powerful advertising
tool for Victory Lady Fitness.
Ms. Andrea Epps stated she is not in favor of or against the
electronic message signs. She further stated she understands
the desires of the residential community.
There being no one else to address the request, the public
hearing was closed.
Ms. Messner stated Victory Lady Fitness is her life. She
further stated if the sign is approved, it will increase the
amount of money brought in by the facility, which will allow
her to pay her employees better.
In response to Mr. Warren's questions, Ms. Messner stated
there is not an electronic sign at her Henrico location. She
further stated the facility in Henrico has great road
frontage and visibility. She stated she uses banners at the
Henrico location, which allows her to change her offers.
Mr. Gecker stated the electronic signs are here to stay and
the county needs to figure out the policy. He further stated
he would like to have the Chairman appoint a committee to
review the policy for the Midlothian Corridor relative to the
electronic signs. He stated with the applicant's permission
he would like to defer the request to April 2010 with no fee
involved. He further stated he would like to have the
committee comprised of representatives from Southport, HCA,
Gateway, Crosland, Brandywine and Macerich. He suggested the
members of the committee along with Mr. Gulley, the Chairman
of the Planning Commission, and himself meet to try to
formulate a consensus of the businesses along Midlothian
Turnpike, east of the Village of Midlothian, of how they want
the corridor to look. He stated the county is working hard
to revitalize eastern Midlothian Turnpike. He committed to
making some progress in the next five months.
Mr. Gecker then made a motion, seconded by Mr. Warren, for
the Board to defer Case 08SN0286 to the regularly scheduled
April 2010 meeting.
Mr. Gecker stated the Board needs the consent of the
applicant since there is no more deferral time available.
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09-685
11/18/09
In response to Mr. Warren's question, Mr. Kelmar stated the
recommendation was acceptable.
Mr. Gecker stated the applicant would not be charged a
deferral fee.
Mr. Warren stated he would form the committee using Mr.
Gecker's suggestions.
® Ms. Durfee stated the county has been struggling with the
electronic message board policy. She further stated each
corridor throughout the county has different characteristics.
She stated the county needs to get a handle on the electronic
sign policy. She suggested the Board form a committee or
focus group under Community Development which would consist
of businesses and particular individuals who have spent a
great deal of time on standards to work on a countywide
electronic sign policy in conjunction with the committee
suggested by Mr. Gecker. She expressed concerns relative to
businesses applying to use the electronic message signs and
not having a policy.
Mr. Gecker stated he does not have a set result in mind for
Victory Lady Fitness. He further stated it is his desire to
not attempt to format this committee to do a countywide
policy. He stated he wanted to form a committee to study a
policy for the Midlothian Corridor from Chippenham to the
eastern border of the Village of Midlothian. He further
stated if the committee does good work with a model for the
Midlothian Corridor electronic signs, it may be a place to
start for a countywide policy. He stated he does not want to
take on too much for the committee to work on. He further
stated the Midlothian Corridor does not have the proximity of
neighborhoods like the Route 360 Corridor does, with the
exception of Shenandoah.
Ms. Durfee inquired whether the county can continue with the
committee proposed by Mr. Gecker and identify which corridors
in the county have policies which limit electronic signs such
as Route 360 Corridor's policy. She further inquired whether
the revisions to the electronic sign policy could be done to
coincide with the Comprehensive Plan revisions. She
suggested staff to gather the policies relating to electronic
signs and identify the different criteria and develop the
standards that are necessary for the county to move forward
with a policy.
Mr. Holland stated he regrets the county does not have an
electronic sign policy. He further stated the Electronic
Sign Committee tried in good faith to do a good job for the
county as a whole. He stated he would endorse the committee
proposed by Mr. Gecker in order to work through a
recommendation for the Midlothian Corridor.
Ms. Jaeckle stated the committee proposed by Mr. Gecker is a
great idea and the group has worked well together on 'the
improvement plan for Midlothian Turnpike. She further stated
one of the reasons an Electronic Sign Committee was unable to
come up with a policy is due to differing opinions.
Mr. Warren called for a vote on the motion by Mr. Gecker,
seconded by Mr. Warren for the Board to defer Case 08SN0286
to the regularly scheduled April 2010 meeting.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
09-686
11/18/09
Mr. Gecker stated the Chairman has the authority to form a
committee and it is not necessary for the Board to vote on
it.
Mr. Warren stated it was his intention to follow the
recommendation of Mr. Gecker and establish a committee for
the specific purpose of coming up with a recommendation
regarding the sign policy for the Midlothian Corridor. He
further stated the Chairman of the committee will be Mr.
Gecker and he will come up with a specific member list over
the next two weeks.
Mr. Turner stated the Comprehensive Plan Steering Committee
has their work cut out for them while they look at global
issues. He further stated the committee proposed by Mr.
Gecker can be handled separate of the Comprehensive Plan
revisions.
In response to Mr. Gecker's question, Mr. Turner stated the
Planning Commission is focused on two specific issues - time
interval for the change of message; and ways to enhance the
county's ability to enforce violations.
Mr. Gecker suggested the Planning Commission broaden their
viewpoint and look at locational issues also with respect to
electronic message signs.
In response to Ms. Durfee's question, Mr. Turner stated the
Board has a policy which identifies in which corridors
electronic signs are permitted.
Ms. Durfee requested a copy of the Board's policy on
electronic signs.
17. PUBLIC HEARINGS
17.A. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO
VOLUNTARY, MANDATORY AND EMERGENCY RESTRICTIONS ON
THE USE OF PUBLIC WATER DURING DROUGHT AND/OR
EMERGENCY CONDITIONS
Mr. Covington stated this date and time has been advertised
for a public hearing for the Board to consider amendments to
the County Code relating to voluntary, mandatory and
emergency restrictions on the use of the public water during
drought and/or emergency conditions.
Mr. Warren called for public comment.
Mr. John Kinch, the owner of Brandywine Farms, inquired
whether small farms are covered in water restrictions, if the
farm is on public water.
There being no one else to address the request, the public
hearing was closed.
Mr. Covington stated if the farm is involved in commercial
enterprise the water restrictions will not apply to them.
Ms. Durfee expressed appreciation to Mr. Covington for
following through on a citizen's request and making the
appropriate changes to the ordinance.
09-687
11/18/09
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adopted the following ordinance:
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AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 18-151, 18-152, 18-153, 18-154 and
18-158 RELATING TO RESTRICTIONS ON USE OF PUBLIC WATER
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 18-151, 18-152, 18-153, 18-154 and 18-158
of the Code of the County of Chesterfield, 1997, as amended,
is amended and re-enacted to read as follows:
Sec. 18-151. Declaration of voluntary, mandatory or
emergency water use restrictions.
The director shall declare voluntary water use
restrictions and recommend to the county administrator that
he declare mandatory or emergency water use restrictions
during periods of extended droughts or other emergency
conditions in which available water resources are
compromised. Mandatory or emergency water use restrictions
will become effective the date the county administrator
declares in writing the need for the restrictions. Water use
restrictions shall be declared to assure maximum beneficial
use of available water resources for the public welfare. The
director shall use as a basis for declaring or recommending
water use restrictions established criteria for reservoir
levels and river flows as developed and provided by source-
water suppliers. Emergency water use restrictions may also be
imposed if the director recommends them based on a
determination that an emergency condition of any nature
exists that threatens the availability of the public drinking
water supply. The director shall likewise nullify, or
recommend the nullification of, the water use restrictions
when recovered conditions based on established criteria for
reservoir levels and river flows are met or when in the
director's judgment, the emergency condition has been
resolved.
Sec. 18-152. Voluntary water conservation measures.
Upon the declaration of voluntary water conservation
measures, users of the public water system are requested to
voluntarily limit their use of public water as follows:
(1) Paved areas. Limit washing to two days per week.
Unrestricted for immediate health and safety concerns.
(2) Swimming pools. Limit to filling and replenishing to
maintain health and safety.
(3) Vehicle washing. Non-commercial washing is limited to
two days per week using only hand-held hoses with an
automatic shut-off nozzle. Commercial vehicle washing
businesses are permitted to operate under normal conditions.
(4) Established landscaping. Watering is limited to three
days per week by address. Addresses ending with an odd number
may water only on Tuesdays, Thursdays and Saturdays.
09-688
11/18/09
Addresses ending with an even number and locations with no
street number may water only on Wednesdays, Fridays and
Sundays. Watering is prohibited on Mondays. Watering with
buckets of up to five gallons per day is permitted any time.
(5) New landscaping. All watering is permitted for the first
ten days after planting. Thereafter, the restriction for
established landscaping shall apply. Over seeding an
existing lawn does not qualify as new landscaping - see
definitions.
(6) Golf courses. Limit watering to 8:00 p.m. to 10:00 a.m.
on any day. Greens are exempted from this restriction.
(7) Businesses. Limit to essential use only.
(8) Restaurants. No restrictions.
(9) All other consumption. Conservation by any means
encouraged.
Sec. 18-153. Mandatory public water use restrictions.
Upon the declaration of mandatory public water use
restrictions, users of the public water system shall limit
their use of public water as follows:
(1) Paved areas. Washing is prohibited except for immediate
health and safety requirements.
(2) Swimming pools. Limit to filling and replenishing to
maintain health and safety. All other uses are prohibited.
(3) Vehicle washing. Non-commercial washing is limited to
one day per week using only hoses with an automatic shut-off
nozzle. Commercial vehicle washing businesses are permitted
to operate under normal conditions.
(4) Established landscaping. Watering is limited to three
days per week by address. Addresses ending with an odd number
may water only on Tuesdays, Thursdays and Saturdays.
Addresses ending with an even number and locations with no
street number may water only on Wednesdays, Fridays and
Sundays. Watering is prohibited on Mondays. Watering with
buckets of up to five gallons per day is permitted any time.
(5) New landscaping. All watering is permitted for the first
ten days after planting. Thereafter, the restriction for
established landscaping shall apply. Over seeding an
existing lawn does not qualify as new landscaping - see
definitions.
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(6) Golf courses. Watering restricted to Tuesday through
Sunday between 8:00 p.m. and 4:00 a.m. Greens are exempted
from this restriction.
(7) Businesses. Limit to essential use only.
(8) Restaurants. No restrictions.
(9) All other consumption. Conservation by any means
encouraged.
09-689
11/18/09
Sec. 18-154. Emergency public water use restrictions.
Upon declaration of emergency public water use
restrictions, users of the public water system shall limit
their use of public water as follows:
(1) Paved areas. All water use is prohibited.
(2) Swimming pools. All water use is prohibited.
(3) Vehicle washing. All water use is prohibited.
(4) Established landscaping and gardens. All water use is
prohibited.
(5) New landscaping. All water use is prohibited.
(6) Golf courses. All water use is prohibited.
(7) Businesses. Limit water usage to those essential for
business and human hygiene.
(8) Restaurants. Water use only for cooking, hygiene and
meal beverage.
(9) All other consumption. Limit water to essential use
only.
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Sec. 18-158. Definitions.
Q The following words and phrases, when used in this
article, shall have the meaning ascribed to them below,
except in those instances where the context clearly indicates
a different meaning:
Established landscaping. Landscaping plantings,
including but not limited to lawns, vegetable gardens,
flowers, trees and shrubs existing in an area after such
period of time as to accomplish an establishment and
maintenance of growth.
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(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
Mr. Warren requested that Mr. Covington notify the citizen
which expressed concerns relating to the water restrictions
of what the Board approved.
17.B. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO
DAM BREAK INUNDATION ZONES
Mr. Carl Schlaudt stated this date and time has been
advertised for a public hearing for the Board to consider
amendments to the County Code relating to dam break
inundation zones.
09-690
11/18/09
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Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE. CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 17-1, 17-32, 17-38 AND 17-63
RELATING TO DAM BREAK INUNDATION ZONES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 17-1, 17-32, 17-~38 and 17-63 of the Code
of the County of Chesterfield, 1997, as amended, are amended
and re-enacted to read as follows:
Sec. 17-1. Purpose of chapter.
This chapter is adopted for the following purposes:
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(i) To promote safety from fire, flood, failure of
impounding structures and impacts within dam break inundation
zones, panic, and other dangers.
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Sec. 17-32. Procedure for lot subdivision approval.
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(b) Procedure for approving tentative plats, adjusted
tentative plats and tentative renewals.
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(2) During the tentative plat review process, the
county shall review the potential impacts of mapped dam break
inundation zones in accordance with the provisions of state
law.
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Sec. 17-38. Required information.
Written application for approval by the subdivider,
shall accompany each submittal of a tentative, substitute,
adjusted, or tentative renewal plat. The tentative plat shall
be drawn at a scale no greater than one inch equals 50 feet
for townhouse subdivisions; other subdivisions shall be at a
scale of one inch equals 100 feet. Variations in scale may be
made upon request at the discretion of the director of
planning. The plat shall show correctly the following
information:
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09-691
11/18/0
(d) Basic facts and proposals pertaining to the
property including the following shall be graphically shown:
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(17) The location of mapped dam break inundation zones.
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Sec. 17-63. Floodplains and Dam Break Inundation Zones.
(a) No land shall be subdivided unless it complies with
article III, division 3 of chapter 19 and the Environmental
Engineering Reference Manual as determined by the director of
environmental engineering.
(b) No land shall be subdivided within the boundaries
of a mapped dam break inundation zone unless such division
complies with the provisions of state law. If the State
Department of Conservation and Recreation determines that the
plan of development would change the spillway design flood
standards of the impounding structure, and the proposed
subdivision would allow development of three or more
residential dwelling units, the county shall not permit the
subdivision unless:
1. The subdivider agrees to alter the plan of
development so that it does not alter the spillway
design flood standard required of the impounding
structure; or
2. The subdivider submits an approved engineering
study in conformance with the .Virginia Soil and
Water Conservation Board's standards under the
Virginia Dam Safety Act and the Virginia Impounding
Structure Regulations and makes the appropriate
payment under state law related to the necessary
upgrades to the affected impounding structure and
administrative fees.
State law reference - Code of Virginia, § 10.1-606.3, 15.2-
2241(3) and 15.2-2243.1
(2) That this ordinance shall become effective immediately
upon adoption.
And, further, 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 19-1, 19-55, 19-56, 19-58, 19-59,
19-264, 19-268 AND 19-274 RELATING TO DAM BREAK INUNDATION
ZONES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19-1, 19-55, 19-56, 19-58, 19-59, 19-264,
19-268 and 19-274 of the Code of the County of Chesterfield,
1997, as amended, are amended and re-enacted to read as
follows:
Sec. 19-1. Purpose of chapter.
09-692
11/18/09
The purpose of this chapter is to promote the health,
safety, convenience and general welfare of the public and to
accomplish the objectives of Code of Virginia, §§ 15.2-2200
and 15.2-2283. To these ends, this chapter is designed:
(1) To provide for adequate light, air, convenience of
access, and safety from fire, flood, failure of
impounding structures, crime and other dangers or
conditions.
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DIVISION 3. FLOODPLAIN DISTRICTS AND DAM BREAK INUNDATION
ZONES*
*Cross references: Design standards for subdivisions, § 17-61
et seq.; subdivisions to comply with floodplain management
ordinance, §§ 17-65, 17-72; preservation of land for
floodplains, § 17-70.
*State law reference: Code of Virginia, § 15.2-2284
Sec. 19-55. Purpose.
The purpose of these provisions is to prevent loss of
life and property, hazards to health and safety, disruption
of commercial and governmental services, extraordinary and
unnecessary expenditure of public funds for flood protection
and relief and impairment of the tax base by:
(a) Regulating uses, activities and development which,
acting alone or in combination with other existing or future
uses, activities and development will cause unacceptable
increases in flood heights, velocities and frequencies, or
risk of inundation due to a dam break.
(b) Restricting or prohibiting certain uses, activities
and development from locating within areas subject to
flooding or dam break inundation.
(c) Requiring all those uses, activities and
developments that do occur in flood prone areas or dam break
inundation zones to be protected and/or flood proofed against
flooding and flood damage.
(d) Protecting individuals from buying lands and
structures which are unsuited for intended purposes because
of flood hazards or risk of inundation due to a dam break.
Sec. 19-56. Duties generally of director of environmental
engineering.
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(d) The director of environmental engineering shall
maintain copies of all mapped dam break inundation zones.
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Sec. 19-58. Floodplain regulations and dam break inundation
zones.
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(a) General provisions.
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(f) Reasonable consideration shall be given to protect
life and property in mapped dam break inundation zones
against impounding structure failure, in accordance with
state law.
Sec. 19-59. Applications for variances or modifications to
development standards or requirements.
The burden of proof rests upon the applicant for a
variance or modification to development standards or
requirements, and without such proof the request must be
denied. The applicant must show, in addition to the
requirements contained in sections 19-21 and 19-19, good and
sufficient cause; that failure to grant the variance or
modification would result in an exceptional hardship; that
granting the variance or modification will not result in
increased flood heights, additional threats to public safety
or extraordinary public expense, create nuisances, cause
fraud on or victimization of the public or conflict with
existing local laws or ordinances; and that the variance or
modification is the minimum necessary, considering the flood
hazard or risk of dam break inundation, to afford relief.
0 0 0
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Sec.. 19-264. Preparation and submission of site plans.
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(d) Every site plan shall contain the following
information, where applicable:
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(16) The limit of any established 100-year
floodplains and the location of mapped dam
break inundation zones;
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Sec. 19-268. Administrative site plan review process.
(a) All site plans which are properly submitted for
administrative review in accordance with the county's site
plan application and checklist shall be reviewed and
recommended for approval or denial by:
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(4) The director of environmental engineering
relative to:
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b. Flood protection and protection from dam
break inundation.
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Sec. 19-274. Preparation and submission of improvement
sketches.
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(b) When necessary and applicable, as determined by the
director of environmental engineering, every
improvement sketch shall be prepared in the
following manner and show the following
information.
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(9) The limits of any established 100-year
floodplains and the location of mapped dam
break inundation zones;
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(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
17.C. TO CONSIDER THE CONVEYANCE OF LEASES OF REAL PROPERTY
AT VARIOUS PARK SITES AND ATHLETIC COMPLEXES FOR
OPERATION OF FOOD CONCESSIONS BY CO-SPONSORED ATHLETIC
ASSOCIATIONS AND LEAGUES
Mr. Mike Golden stated this date and time had been advertised
for the Board to consider the conveyance of leases of real
property at various park sites and athletic complexes for
operation of food concessions by co-sponsored athletic
associations and leagues.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
approved the conveyance of leases of real property at various
park sites and athletic complexes for operation of food
concessions by co-sponsored athletic associations and
leagues.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
17.D. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING
TO POLICE PERMITS FOR NIGHTCLUBS
Mr. Micas stated this date and time had been advertised for
the Board to consider amendments to the County Code relating
to police permits for nightclubs.
Mr. Warren called for public comment.
Mr. Christopher LaTora, owner of Mulligan's Bar, spoke in
support of amendment.
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There being no one else to address the request, the public
hearing was closed.
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Mr. Holland expressed appreciation to Mr. LaTora for
attending the meeting. He stated he was in full support of
the request.
Ms. Jaeckle stated she does not think the laws were meant to
prevent someone who was 18 when a crime was committed from
running a successful business.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 15-121 AND 15-122 RELATING TO
NIGHTCLUBS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 15-121 and 15-122 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted to read as follows:
ARTICLE VI. NIGHTCLUBS AND OTHER ADULT ENTERTAINMENT
DIVISION 1. NIGHTCLUBS
Sec. 15-121. Nightclub permit required from chief of police-
-Application; issuance.
(a) Every person desiring a business license to operate
a nightclub, as defined in chapter 6, shall first apply to
the chief of police, or his designee, for a permit to conduct
such activity. Each such application shall be accompanied by
a fee in the amount of $25.00.
(b) Information required on the permit application
shall include, but not be limited to, the following:
(1) The applicant's full name, age, sex, race, weight,
height, hair and eye color, address, telephone
number, date and place of birth and social security
number;
(2) Names and addresses of references;
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(3) Whether the applicant has been convicted of any (i)
felony or (ii) misdemeanor and, for any such
felonies or misdemeanors, the nature of the
offense, when and where convicted, and the penalty
or punishment assessed;
(4) Photograph and fingerprints of applicant; and
(5) Name and address of the business for which a permit
is sought.
(6) Written authorization to conduct a background
investigation of the applicant, including a
criminal records check, and to investigate whether
the information provided by the applicant is true.
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(7) Written declaration, dated and signed by the
applicant, certifying that the information
contained in the application is true and correct.
(c) For a corporation, partnership or other legal
entity, "applicant" includes each officer, director, partner
or principal of the entity and any managers of the business.
(d) The applicant shall not be issued a permit if the
county's investigation or the information furnished in-
compliance with this article shows that the applicant (i) has
been convicted of a felony or a crime involving moral
turpitude within ten years prior to permit application; (ii)
in the application process committed fraud or made any
misrepresentation or any false statement, or (iii) is not of
good moral character. In addition, each application shall be
reviewed by the county departments charged with enforcing the
business license, zoning, building, plumbing, utility,
health, electric and fire prevention codes, as needed, and no
permit shall be issued if the applicant's business in the
county does not comply with these and any other applicable
county or state laws or regulations.
(e) Any changes in the ownership or principals of the
business entity to which the permit is issued or in the
managers of the business itself will automatically make the
permit void. Such changes shall be reported to the chief of
police or his designee, and a new application must be
submitted for review.
(f) Nightclubs shall be subject to the regulations
regarding public dance establishments, set forth in chapter
3.
Sec. 15-122. Same--Revocation.
(a) The chief of police or his designee may revoke or
suspend any permit issued pursuant to this article (i) for
fraud, misrepresentation or any false statement contained in
the application; (ii) upon conviction of the applicant for
any felony or misdemeanor involving moral turpitude after the
permit is issued; (iii) for failure to comply with the
provisions of this article; or (iv) if the applicant's
business fails to comply with applicable county or state laws
or regulations.
(b) If the chief of police or his designee revokes a
permit, he shall notify the permittee in writing of such
action, the reasons for the revocation, and the permittee's
right to request a hearing. To receive a hearing, the
permittee must make a written hearing request which must be
received by the chief of police, or his designee, within ten
days of the date of the revocation notice. If a timely
hearing request is not received by the chief of police, or
his designee, the decision shall be final. If a hearing is
properly requested, it shall be held within ten days from
receipt of the hearing request. The hearing shall be presided
over by the chief of police or his designee. The permittee
shall have the right to present evidence and argument or to
have counsel do so. Within a reasonable time after the
hearing, the chief of police, or his designee, shall render
his decision which shall be final. The permittee must
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discontinue operation of its business when the decision to
revoke the permit becomes final.
(c) When protection of public health, safety or welfare
requires such action, the chief of police, or his designee,
may immediately revoke a permit issued under this article by
so stating in a written notice to the permittee.-When action
is taken pursuant to this subparagraph, the permittee shall
immediately discontinue operation of its business, but shall
have the right to a hearing as stated in subparagraph (b).
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
17.E. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO
SHOOTING ARROWS FROM BOWS NEAR BIIILDINGS
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Mr. Micas stated this date and time had been advertised for
the Board to consider amendments to the County Code relating
to shooting arrows from bows near buildings. He further
stated state law allows the county to prohibit the shooting
of arrows in heavily populated areas. He stated there is an
exception that is required by state law in which deer kill
permits for agriculturally zoned property of 2 acres would be
exempt from this restriction.
Mr. Warren called for public comment.
Ms. Jennifer Martin-Lemler, a Midlothian District resident,
spoke in support of changing the ordinance to prohibit
hunting in residential areas. She stated the bows that are
being used to hunt in residential areas are powerful enough
to take down a grizzly bear. She further stated kids play in
the yards and the woods that border the yards. She stated a
clean kill shot is not going to stop a deer in its tracks, it
will run another 100 yards or so, which will take the deer
out of the hunter's yard. She further stated she does not
want her children to see a dying deer in her backyard.
Mr. Kevin Carroll, representing the Virginia Deer Hunter's
Association, spoke in opposition to the proposed amendment.
He stated as the proposed ordinance is written boy scouts
could not practice with a bow to achieve their badge for
archery if they lived in a neighborhood. He further stated
the proposed ordinance will prevent citizens from practicing
with their bows in their backyards unless they have more than
2 acres of land zoned agriculturally. He stated the most
dangerous activity to do in Chesterfield County is to drive a
car. He further stated more people are killed in
Chesterfield in motor vehicle accidents than anything else.
He stated since 2004, there have been 1,465 accidents in
Chesterfield County reported which involved deer. He
provided a copy of a map to the Board of Supervisors which
represented each accident in Chesterfield County. He stated
the Director of the Department of Game and Inland Fisheries
sent a letter to the Board stating the proposed amendment is
not the proper way to manage the deer herd in Chesterfield
County. He further stated the amendment would affect the
entire county not just the Salisbury community. He stated
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the county already has an ordinance which makes it unlawful
to shoot an arrow into somebody else's yard. He further
stated there has not been one reported incident of a hunting
accident in the Commonwealth of Virginia in the last 10 years
with a bow. He stated the ordinance as written will hurt the
county's ability to manage the deer herd in the county.
Mr. Warren stated the map illustrating the number of
accidents involving deer in Chesterfield County is amazing.
Mr. Ed Maloy, the Vice President of the Salisbury Homeowner's
Association, spoke in support of the proposed ordinance
regarding the shooting of arrows in a residential area.. He
stated a resident of Salisbury recently hired a bow hunter to
kill deer from a tree stand in very close proximity to the
surrounding homes. He further stated the Salisbury Board
considers the-use of bows, a lethal weapon by all accounts,
an offensive activity that threatens the safety and peace of
mind of the residents of Salisbury. He stated many of the
residents have kids that play in the woods in their own
yards, and to allow the discharge of arrows without a safe
buffer is not safe and should be restricted in residential
neighborhoods. He further stated the Salisbury Board urges
the Board to establish a safe buffer between the shooter, the
buildings and the adjoining properties which are used for
recreation or the property boundaries of neighbors.
In response to Mr. Warren's question, Mr. Maloy stated he was
representing the Salisbury Homeowner's Association.
Mr. Keith Bower, a Midlothian District resident, spoke in
opposition to the proposed amendment. He stated there have
not been any bow-related hunting accidents in the
Commonwealth of Virginia in 10 years. He further stated
there have been 427 firearm-related accidents in Virginia
over the last 10 years. He stated one doe will produce 30
deer in five years.
Mr. Frank Dipofi, a resident of Chesterfield, spoke in
opposition to the proposed amendment to the ordinance. He
stated archery is a good healthy opportunity for children to
get out and do outdoor activities.
Mr. David Sawyer, a resident of Chester, spoke in opposition
to the proposed amendment to the ordinance. He stated the
way the ordinance is written he will be unable to target
practice on his own property. He further stated hunting
accidents are rare and archery accidents are virtually
nonexistent. He stated there are three predators of deer,
cars, hunters and coyotes. He further stated if Chesterfield
does not do something about the growing urban deer
population, the number of coyotes in the county will
increase. He expressed concerns relative to the safety of
the citizens of Chesterfield County due to the increasing
numbers of accidents caused by deer. He stated archery is
different than general firearms. He further stated most bow
hunters hunt from elevated places, which means if the target
is missed the arrow will go into the ground.
Mr. Fran Cleary, a Midlothian District resident, spoke in
opposition to the proposed amendment. She stated property
damage and health concerns are serious problems relating to
the over population of deer in Chesterfield. She further.
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stated three out of four of her family members have been
diagnosed and treated for Lyme disease, which is caused by
the bite of the black leg tick which is carried by deer. She
stated Lyme Disease can be debilitating and potentially fatal
that not only affects humans but pets as well. She further
stated automobile collisions are another serious problem in
Chesterfield County. She stated she has observed a huge
increase in the number of deer in her neighborhood during the
22 years she has lived in Foundry Run. She further stated
the deer will sleep next to her house to keep warm in the
winter. She stated the only humane, safe- and efficient way
to control the growing deer population in the county is bow
hunting. She further stated in the history of bow hunting in
Virginia, there have been only 12 recorded accidents that
included bows and arrows and all involved the hunters never
bystanders or pets. She stated the Midlothian District is
not the only area in the county which will be affected by the
proposed amendment to the ordinance.
Mr. Anthony Miller, a Chesterfield County resident, spoke in
opposition to the proposed ordinance amendment. He stated he
has been an avid bow hunter for 18 years and mostly urban bow
hunts in neighborhoods. He further stated to address the
safety concerns of bow hunting in residential areas, the
county should place restrictions, which would only allow bow
hunting from elevated areas; require a hunter education
class; and require at least five years experience by hunters.
He stated if the neighborhood associations want to allow bow
hunters to hunt, then background checks should be performed
on the hunters as well as requiring the hunters to carry
hunters insurance. He further stated he has been hunting in
Windsor Farms for the last 8 years at the request of several
residents.
Ms. Jane Lee O'Connell spoke in support of the proposed
amendment. She further stated the deer are eating the plants
in her yard, but when she weighs the safety and health of her
plants to the safety and health of her children, there is no
comparison. '
Ms. Terri Gerard, a Salisbury resident, requested the Board
of Supervisors not change the current bow hunting laws in
Chesterfield. She stated the issue is about restoring
balance because right now the deer population is out of
balance. She further stated the deer have adapted to
suburban living and are eating shrubs and plants in the
yards. She stated no deer deterrent is effective very long.
She further stated the county has a big safety problem as a
result of failing to control the deer population. She
provided the Board with information relative to the number of
traffic accidents involving deer and the incidents of Lyme
disease in Chesterfield County. She stated homeowner's
associations cannot restrict bow hunting when used as a tool
for wildlife management. She further stated the decision to
amend the current law should not be based on fears or
feelings but on facts and the facts support that bow hunting
can be done safely in Chesterfield County.
Ms. Beverly Walsh spoke in support of the proposed amendment.
She stated the hunting that is being done in Salisbury is not
hunting in dense woods, it is in the backyards. She further
stated she has young children who she does not want to
witness a kill shot of a deer. She stated approximately 25
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feet from her fence line is where the two individuals dressed
in camouflage will be in the tree stands. She further stated
it is an appearance of a sniper in the tree. She requested
the Board set the guidelines for hunting to be 600 feet from
a residential dwelling and 150 feet from a property line.
Mr. Jim LaVancler, a Matoaca District resident, spoke in
opposition to the proposed amendment. He stated the proposed
amendment would make it illegal to target practice with his
bow in his own backyard. He further stated he has been
involved in deer related accidents.
Ms. Gracia Call, a resident of Chesterfield, spoke in support
of the proposed amendments. She stated she does not want
deer coming into her yard because it is going to take 100
yards for the deer to fall after being shot.
Mr. Steve Myers, a resident of Chesterfield County, spoke in
opposition to the proposed change. He stated in the 20 years
that he has been urban bow hunting he has never drawn the bow
back on a child or dog. He further stated he practices with
his bow three or four times a week in his yard.
In response to Mr. Warren's question, Mr. Myers stated he is
simply practicing in his back yard but he does hunt in
suburban areas from an elevated tree stand with permission.
He further stated if a bow hunter is in sight distance of a
child or someone's backyard, the majority of them would move
their position.
Mr. Keith Cuppy, a Midlothian District resident, spoke in
opposition to the proposed amendment. He stated the
amendment will prevent practicing with a bow in his yard with
his family. He requested if the Board approves the amendment
to differentiate between simply target practicing and
hunting. He stated there is zero evidence that there is a
safety problem with bow hunting.
Mr. Mike Houlson stated his team has been hired by a resident
in Salisbury to hunt deer on their property. He further
stated the first thing his team does is assess the property
and make it safe for the residents and for themselves. He
stated his team then assesses the damage cause by the deer to
the property. He further stated elevated tree stands is the
only way to hunt in densely populated areas. He stated safe
shooting lanes are established on the property which will
ensure a safe kill of the deer. He further stated all
portions of the arrow are retrieved from the property. He
stated if children playing is observed or heard, his team
leaves the location. He further stated the deer are on the
move in the early morning or at dusk. He stated he would
love to help the Board come up with a solution.
In response to Mr. Warren's questions, Mr. Houlson stated
this is the first year he has hunted in Salisbury. He
further stated he and his wife have been doing wildlife
management hunts for the last 10 years in various parts of
the state. He stated he is not sure if residents in
Salisbury are putting out salt licks for the deer, but he has
noticed a change in the deer behavior.
Ms. Gayle Worley, a Midlothian District resident, spoke in
opposition to the proposed amendment. She stated she
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received the report from the Department of Game and Inland
Fisheries which stated there had been 12 bow hunting
accidents since 1959. She further stated all of the
accidents either affected the hunter themselves or someone in
his hunting party. She stated any restriction regarding
distance of hunting from a dwelling will restrict her right
to hunt. She further stated if the facts indicate that
restrictions would be wise then enact restrictions but if the
facts say problems-with safety do not exist then leave things
the way they are.
Mr. Dave Goode, a resident of Chesterfield County, spoke in
opposition to the proposed amendment. He stated he has been
a deer hunter for 29 years and a bow hunter for 25 years. He
further stated archery equipment has become much more
efficient, but comparing guns and archery is apples and
oranges. He stated if bow hunting was not safe it would not
be allowed in 26 other localities in Virginia during urban
archery season. He further stated he does not hunt in urban
or residential areas in the county, but the proposed
amendment will prevent him from shooting his bow year round
for target practice. He stated bow hunting requires
proficiency and a level of fitness that is not needed to
shoot a gun.
Mr. Kent Pond stated the major problem with the proposed
ordinance amendment is the distance of 600 feet from a
dwelling. He further stated in Chesterfield County there are
constant encumbrances placed on property owners by
ordinances.
Ms. Andrea Epps, a Brandermill resident, stated she has never
looked in the open space and found a hunter in a tree stand
trying to kill one of the thousands of deer that run all over
the subdivision. She spoke in opposition to the proposed
ordinance amendment due to the deer population and the amount
of vehicle accidents caused by them. She stated she supposed
the safety regulations mentioned earlier. She further stated
a proper shot with a bow can kill a deer and drop it dead
right there . She stated if a hunter is in a tree stand and
playing children are introduced into the area, the hunter
will leave because the deer will leave.
Mr. Steve McCain, a Carter's Mill resident, stated he has
been an avid bow hunter for 41 years. He further stated
there is a misconception by people that support this
amendment. He stated bow hunting involves the practice to
ensure humane kill shots on the deer. He further stated
statistics show that the average bow kill is 22 yards and 98
percent of the deer have been from a tree stand. He stated
he has never drawn his bow back on a child. He further
stated he strongly opposes any kind of restrictions placed on
bow hunting. He suggested the Board approve an urban archery
season which starts in July or August to help with deer herd
management.
Mr. John Kinch, owner of Brandywine Farms in the Matoaca
District, stated the proposed amendment would affect his farm
due to it being a business. He further stated he recently
counted 18 deer in his pasture and he would be unable to hunt
them with a bow if the proposed ordinance is passed. He
stated a safe and ecological friendly way to maintain the
deer population in the urban area must be found. He further
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stated the insurance companies may take the passing of the
ordinance as an increased risk for deer related accidents in
the county and increase everybody's insurance premiums.
Mr. Daren Gardner, a county citizen, stated there have been
eighteen speakers against the proposal and five speakers for
the proposal. He further stated if the Salisbury residents
were intent on getting this ordinance passed, more than five
speakers would have attended the meeting to speak to the
ordinance. He stated the homeowner who hired the
professional hunter should have had the common courtesy to
inform his neighbors of his intentions.
There being no one else to address the request, the public
hearing was closed.
Mr. Warren expressed appreciation to the speakers for
attending the meeting and providing meaningful information.
He stated he would like time to adequately digest all of the
information received. He further stated he would like to
know what other localities are doing relating to bow hunting.
He stated there were many suggestions given that can help
improve the safety of bow hunting.
Ms. Jaeckle stated when citizens move into a neighborhood
they are not expecting to see dead deer in their yards. She
further stated in Connecticut about 15 years ago, it was
impossible to let your children or animals go outside due to
the threat of Lyme Disease from the deer ticks. She stated
there has to be a solution to the problem to prevent an
overpopulation of deer. She further stated she agreed with
the deferral to allow time to look at all of the information
received.
Mr. Holland stated he agrees with the recommendation for
deferral. He further stated bow hunting ordinance covers the
areas of safety and limiting the deer population. He stated
the statistics relating to the number of deer-related
accidents in the county was startling. He further stated the
Board needs more time to evaluate all of the points of view
presented. He expressed appreciation to the speakers for
attending the meeting.
Ms. Durfee expressed appreciation to the speakers for staying
so late. She stated she was impressed by the number of
individuals that have come out as well as the comments that
were made. She further stated as a child she was taught to
shoot a bow and arrows and safety was instilled at that time.
She expressed concerns relating to discouraging the sport of
bow hunting. She stated there are ways to have urban bow
hunting with the safety aspects tied to that. She further
stated that the proposed amendment needs to be deferred to
allow time to review the recommendations.
Mr. Gecker expressed appreciation to the Board and the
citizens for their comments. He stated since the ordinance
was introduced he has spent a lot of time talking with
hunters and people at the Department of Game and Inland
Fisheries. He further stated there is a culture involved in
bow hunting which is oriented towards safety. He stated the
county is moving into a period where there will be more deer
in smaller lot subdivisions. He further stated the hunters
he has spoken with suggested requiring elevation to be
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included with urban archery. He stated the ordinance will
not affect herd management due to the majority of hunters not
hunting within 150 feet of a dwelling. He inquired as to how
many deer are really killed by shots that come from within
150 feet of a dwelling. He stated when living in a rural
area there is an expectation that hunters may roam your
property,' but it is not that expectation when living in
suburbia in subdivisions. He further stated he understands
the issues surrounding property damage. He stated it was
never the intent of the ordinance to prevent archery in a
citizen's backyard. He requested that the public hearing be
closed.
Mr. Warren stated the public hearing has been closed. He
requested a verbatim of the testimonials on ways to improve
the safety of bow hunting.
Mr. Bower stated he lives adjacent to the Salisbury
subdivision and hunts within 150 feet of his house.
Mr. Gecker stated people that live in rural areas might have
a different expectation with regard to hunting on their
property than people who move into smaller lot subdivisions.
Mr. Warren stated if citizens want to provide further
comments it can be done in writing.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
deferred consideration of amendments to the County Code
relating to shooting arrows from bows near buildings to the
regularly scheduled meeting in February 2010.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
17.F. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT THE
CHESTERFIELD AIRPORT
Mr. Stith stated this date and time had been advertised for a
public hearing for the Board to consider the leasing of
county property at the Chesterfield Airport.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved the leasing of county property at the Chesterfield
Airport to ITT Corporation in a form approved by the County
Attorney and Virginia Department of Aviation.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
17.G. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF WATER AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE JAHNRE ROAD WATERLINE REPLACEMENT
PROJECT
Mr. Stith stated this date and time had been advertised for
the Board to consider the exercise of eminent for the
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acquisition of water and temporary construction easements for
the Jahnke Road Waterline Replacement Project.
Mr. Warren called for public comment.
There being no one to address a request, the public hearing
was closed.
Mr. Harmon stated an amended agenda item has been presented
to the Board and requested that the Board also remove John
and Rachel Burgett and Patricia L. Stansbury from
consideration due to easement agreements being signed.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the County Attorney to proceed with eminent domain
for the acquisition of water and temporary construction
easements for the Jahnke Road Waterline Replacement Project
across the property of Joseph E. Chodkiewicz and Cheryl J.
Frydrychowski, 1407 Buford Road, PIN: 757713173100000 and
Heather Ann Van Ness, Lisa Marie Hall, Sara Nicole Hall,
Heirs of Irvin Clemmons Hall, 7909 Jahnke Road, PIN:
760713533900000.
And, further, the Board authorized staff to enter and take
such easements prior to eminent domain proceedings.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
20. ADJOURNMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adjourned at 10:46 p.m. to December 2, 2009 at 3:00 p.m. in
the Public Meeting Room.
Ayes: Warren, Gecker, Jaeckle, Holland, and Durfee.
Nays: None.
J
J
J
J mes J eg ier
ounty Administrator
~_ _ ~
Arthur S. W n
Chairman
09-705
11/18/09