2009-12-16 MinutesBOARD OF SUPERVISORS
MINUTES
December 16, 2009
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Supervisors in Attendance:
Mr. Arthur S. Warren, Chairman
Mr. Daniel A. Gecker, Vice Chrm.
Ms. Dorothy Jaeckle
Ms. Marleen K. Durfee
Supervisor Absent:
Mr. James "Jim" Holland
Mr. James J. L. Stegmaier
County Administrator
Staff in Attendance:
Lt. Col. John Austin,
Police Department
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. Marilyn Cole, Asst.
County Administrator
Mr. Barry Condrey, Chief
Information Officer
Mr. Richard Cordle,
Treasurer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. William W. Davenport,
Commonwealth's Attorney
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler,
Building Official
Mr. Mike Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. Russell Harris, Mgr. of
Community Development
Services
Mr. Joe Horbal,
Commissioner of Revenue
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Louis Lassiter, Dir.,
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
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Mr. Jay Payne, Asst. to
Dep. County Administrator
Sheriff Dennis Proffitt,
Sheriff's Department
Chief Edward Senter,
Fire Department
Ms. Sarah Snead, Acting
Deputy County Admin.,
Human Services
Mr. Kirk Turner, Dir.,
Planning
Mr. Scott Zaremba, Asst.
Dir., Human Resource
Management
Mr. Warren called the regularly scheduled meeting to order at
3:04 p.m.
1. APPROVAL OF MINUTES
1.A. NOVEMBER 18, 2009 REGULAR MEETING
l.B. DECEMBER 2, 2009 REGULAR MEETING
l.C. AMENDMENT TO BOARD MINUTES OF NOVEMBER 16, 2009
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
approved the minutes from November 18, and December 2, 2009
regular meetings and amended the Board minutes of November
16, 2009, as outlined in the papers of this Board.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
ANIMAL SHELTER UPDATE
Mr. Stegmaier provided an update to the Board regarding
progress being made on the Animal Shelter becoming a no-kill
shelter. He stated there is a resolution on the agenda which
will move the shelter towards the implementation of a no-kill
policy. He further stated the shelter staff is receiving
training sponsored by the SPCA. He stated it is important
for the Board and public to understand that it is totally
unrealistic to expect the shelter to reach total no-kill
until approximately 18 months.
Mr. Warren stated the progress being made to make the animal
shelter no-kill is an excellent example of how the Board is
listening to the citizens. He expressed appreciation to Mr.
Stegmaier for meeting with the various groups to move towards
a no-kill policy at the shelter.
Ms. Durfee stated she is glad to see the county moving
forward on the resolution on making the animal shelter no-
kill.
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HYDRILLA IIPDATE
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Mr. Covington provided an update to the Board on the Hydrilla
issue in the Swift Creek Reservoir and presented the findings
of the consultant, Black and Veatch. He stated Black and
Veatch used underwater cameras to survey the reservoir and
approximately 736 acres is currently occupied by the
Hydrilla. He further stated the Hydrilla has the possibility
to occupy approximately 900 acres. He stated the water
quality of the Swift Creek Reservoir has not deteriorated at
this time but with biomass die-off, there is a potential to
affect the water quality. He further stated the primary
impact on the reservoir is the accessibility of the reservoir
for recreational uses. He provided a breakdown of the
options available to the county to control the Hydrilla,
which include physical treatment or mechanical harvesting,
chemical treatment, or biological control. He stated the
benthic barriers and/or mechanical harvesting for access
until larger scale control can be achieved through either
chemical or biological treatment through grass carp. He
further stated the combination of mechanical harvesting and
the introduction of the grass carp is the most effective,
economically favorable and least environmentally damaging
approach to controlling Hydrilla in the reservoir. He stated
the complete elimination of Hydrilla is unlikely. He
provided an explanation of the cost breakdown for mechanical
harvesting and the grass carp program. He stated the
consultant recommended the county review the following points
for a 5-year strategy on dealing with Hydrilla: 1) form an
overall management group representing all interested parties
that use the reservoir to guide future management efforts
directed at reducing Hydrilla; 2) issue a contract for
harvesting services for the first two years to determine the
level of satisfaction; 3) introduce 8,500 grass carp
approximately one foot in length as soon as possible into the
reservoir; 4) monitor Hydrilla distribution and density and
assess the community throughout this period and also monitor
algae growth with respect to any impacts on water quality; 5)
evaluate the grass carp growth and restock accordingly; 6)
evaluate the harvesting program after three years to
determine if a change in approach is needed; 7) continue to
monitor annually the carp population; and 8) evaluate ongoing
needs and possible program changes needed after the fifth
year.
Mr. Warren displayed a sample of Hydrilla he had removed from
the Swift Creek Reservoir. He stated Hydrilla has infested
approximately 700 acres of the reservoir. He further stated
although the reservoir is infested with Hydrilla it has not
polluted or significantly affected our drinking water source.
He expressed concerns. relative to the safety of the reservoir
during the summer months when it is used heavily by boaters
and the potential of someone falling overboard into the
Hydrilla and becoming trapped.
In response to Mr. Warren's question, Mr. Covington stated
the Hydrilla is prevalent all along the East Coast and it is
present in 17 states. He further stated there are several
major lakes and streams in Virginia which are affected by
Hydrilla. He stated the county used the firm of Black and
Veatch, which is the county's major water process engineer,
to study the Hydrilla issue in the Swift Creek Reservoir. He
further stated Black and Veatch has done process work at the
county's water treatment plant for more than 20 years and is
very knowledgeable about the county's treatment plant. He
stated Black and Veatch enlisted the services of Dr. Ken
Wagoner, who is a renowned lake authority expert.
In response to Ms. Durfee's questions, Mr. Covington stated
the Hydrilla has occupied 736 acres of the Swift Creek
Reservoir in two years. He further stated the presence of
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Hydrilla in the reservoir became more apparent with the
fluctuations in the water levels throughout the summer. He
stated the Hydrilla is so aggressive that in a three month
timeframe, it had expanded approximately 250 acres. He
further stated the presence of Hydrilla in the reservoir
could potentially affect water quality because of its organic
matter. He stated the genesis of the growth of the Hydrilla
was somewhere along the northern causeway along Genito Road.
He further stated Hydrilla has four different ways to
reproduce and each of those are being used in the reservoir.
Ms. Durfee stated Lake Gaston has had the Hydrilla problem
and a chemical was applied, which was a costly but successful
venture.
In response to Ms. Durfee's questions, Mr. Covington stated
Lake Gaston's problem with Hydrilla is very extensive. He
further stated their remedial approach .involved both chemical
treatment and the introduction of grass carp. He stated the
Hydrilla is dormant in the winter. He further stated in
terms of the depth throughout the reservoir, there is an
additional 150 acres which could be occupied by the Hydrilla.
He stated the recommendations from the consultant is a draft
report and staff still has several questions in regards to
the acreage to be harvested.
Mr. Warren stated the presentation is for informational
purposes.
In response to Mr. Warren's question, Mr. Covington stated
the first recommendation in the five-year strategy is to form
an overall reservoir management group to make critical
decisions in regards to the Hydrilla.
Mr. Warren stated there will be additional meetings on the
Hydrilla situation in the Swift Creek Reservoir. He
requested staff bring information back to the Board on the
status of organizing a reservoir group to study the specific
steps the county should be taking short-term and long-term
based on the consultant's recommendation to the Board in
January.
3. BOARD MEMBER REPORTS
Mr. Warren stated Mr. Holland could not attend tonight's
meeting due to being out of town.
Ms. Jaeckle stated there is a meeting scheduled at 7 p.m. at
Thomas Dale High School tonight to discuss the closing of
Chester Middle School. She congratulated Thomas Dale High
School's football team for winning the State Championship.
Mr. Warren formed the Midlothian Turnpike Electronic Message
Sign Committee and appointed Ms. Ashley York, Macerich; Mr.
Steve Meadows, Gateway Association; Mr. James Downs,
Crosland; Mr. Scott Hinson, Crosland; Mr. Zack McCluskie,
CJW; Mr. Ray Birk, Southport Association; Mr. Leon Shadowan,
Brandywine Realty; Mr. Paul Grasewicz, Planning Commission's
Electronic Sign Committee; Mr. Russell Gulley, Planning
Commissioner, to serve on the Committee, effective
immediately and stated Mr. Gecker will serve as chairman of
the Committee and the meetings will be public. He requested
that summary minutes be kept of the meetings.
Mr. Warren stated an estimated 1.4 million new cases of
cancer are diagnosed each year. He further stated the Massey
Cancer Center will be seeking state funding to help with
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their battle against the disease. He stated the Massey
Cancer Center is looking for Chesterfield's support of their
effort to make sure our delegation is aware of the importance
of this matter. He requested that a letter be sent to the
delegation indicating Chesterfield's support of Massey Cancer
Center's request for funding.
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4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
deleted Item 5.A., Recognition of Paradise Road Speed and
Custom as a Chesterfield County Beautification Award
Recipient for 2009.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.B. RECOGNIZING THE OUTSTANDING CONTRIBUTIONS OF MR. P.C.
AMIN AS A MEMBER OF CHESTERFIELD COUNTY'S BUSINESS
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Mr. Davis introduced Mr. P.C. Amin, who was present, to
receive his resolution.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, Mr. Pramrod C. Amin, known as P.C. to his
friends, is one of Central Virginia's most successful
entrepreneurs; and
WHEREAS, Mr. Amin earned a bachelor's degree in Civil
Engineering from Maharaja Sayajirao University in Baroda,
India, in 1969; and
WHEREAS, he came to the United States in 1970, and
earned a master's degree in Engineering from the University
of Utah in 1971; and
WHEREAS, after working for the Virginia Department of
Transportation for several years, Mr. Amin, in partnership
with his brother-in-law, Mr. B.N. Shah, purchased a bankrupt
hotel in Lumberton, North Carolina, and built it into a
successful business that later sold for $4 million; and
WHEREAS, named for both men, Shamin Hotels, Inc. opened
a second hotel that was located at Interstate 95's Walthall
Exit in Chesterfield County; and
WHEREAS, Shamin Hotels' many acquisitions and
development projects have since continued with unprecedented
success; and
WHEREAS, Shamin properties currently include 37 hotels
and an assisted-living facility; and
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WHEREAS, Mr. Amin has invested $178 million in the
Metropolitan Richmond Region over the past year, opening 10
new hotels and creating several hundred jobs; and
WHEREAS, Mr. Amin has served as president of Shamin
Hotels, Inc. since 1979; and
WHEREAS, Mr. Amin also underwrote the construction of
the nonprofit Cultural Center of India, located in Chester;
and
WHEREAS, this facility has enhanced the community in
many ways, including serving as the location of many
Chesterfield County Public Schools' prom-related activities,
as well as private wedding receptions and business
gatherings; and
WHEREAS, the many Shamin properties operating in
Chesterfield County provide employment opportunities,
community support, important tax revenue and a host of other
positive contributions to the economy and quality of life in
the county; and
WHEREAS, Mr. Amin's professional life is the archetypal
American story of success built upon a good idea, strong
family values and an exemplary work ethic; and
WHEREAS, the Chesterfield County Board of Supervisors
recognizes and appreciates the many important economic-
development and other contributions made by Mr. Amin and
Shamin Hotels, Inc. to the quality of life in Chesterfield
County and the region.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 16th day of December 2009,
publicly recognizes Mr. P.C. Amin for his accomplishments as
an outstanding member of the business community, an
inspirational role model for all who aspire to achieve a
dream, and for his efforts to foster cultural understanding.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Amin and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
Ms. Jaeckle presented the executed resolution to Mr. Amin,
accompanied by his wife, and expressed appreciation for his
dedication to Chesterfield County.
Mr. Amin expressed appreciation to Chesterfield County for
the recognition and the support he has received.
Mr. Stegmaier expressed appreciation to Mr. Amin for
everything he has done for the community.
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5.C. RECOGNIZING CHESTERFIELD COUNTY EMPLOYEES OF THE YEAR
Ms. Cole introduced the 2009 employees of the year, who were
as follows:
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Name Department
Sherry Ariail Internal Audit
Diane L. Bise Commonwealth Attorney
James A. Carpenter Risk Management
Menthia D. Carpenter Center for Organizational
Excellence
Ivonne M. Chevere Building Inspection
Elizabeth B. Clements Youth Planning and
Development
(Note: Could not attend meeting)
Chris Clements Utilities
Pamela T. Craze County Attorney
Susan Edwards Cooperative Extension
Linda G. Francis Treasurer
Samantha Furnish Human Services
Dawn Garrett Human Resource Management
Sherry L. Hankins IST
Laurie Hall Juvenile Probation
Matt Harris Budget and Management
H. Garrett Hart, III Economic Development
Christopher H. Hawkins Fire & EMS
Pearl M. Goff Emergency Communications
Gary Hughes Community Corrections
Chris Humphries Police
Carolyn Jones Juvenile Detention
Jennifer Lassiter Youth Group Home
Claire D. Lau County Administration
Pam Lester Sheriff's Office
Terry. Lewis Real Estate Assessments
Mindy McKinney General Services
Robert K. Poore Parks and Recreation
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David Powers
Carolyn Sears
Willard L. Shiflett, Jr.
Lynne Sims
Natalie M. Spillman
Kathy M. Taylor
Angela Whirley
Health Department
Library
Environmental Engineering
Human Services/
Comprehensive Services
Planning
Accounting
Purchasing
Mr. Stegmaier presented the employees of the year with
plaques recognizing them as their department's employee of
the year, expressed appreciation for their dedicated service,
and commended them on their outstanding accomplishments. He
stated the employees of the year represent the best employees
in local government.
Mr. Warren congratulated each of the employees of the year
and expressed appreciation, on behalf of the Board, for their
commitment to Chesterfield County.
6. WORK SESSIONS
There were no Work Sessions at this time.
7. DEFERRED ITEMS
7.A. TRANSFER OF FUNDS AND AUTHORIZATION TO PROCEED WITH
EPPES FALLS ROAD PAVING PROJECT
Ms. Durfee stated this item was carried over from the
December 2, 2009 Board meeting. She stated she has had
several meetings with staff and residents concerning the
safety of Eppes Falls Road.
Mr. Gecker requested for the Consent Items be handled prior
to this item due to the complexity of the issues.
7.B. ZONING REQUEST 10SN0152 - BON SECOURS-RICHMOND HEALTH
SYSTEM, MIDLOTHIAN DISTRICT
Mr. Gecker stated the public hearing was closed at the
December 2, 2009 Board meeting. He further stated the
phasing plan has been received by the county from the
applicant.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
approved Case lOSN0152 and accepted the following proffered
conditions:
The property owner and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
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the property under consideration will be developed according
to the following proffers if, and only if, the rezoning
request submitted herewith is granted with only those
conditions agreed to by the owner and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owner and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
An exception to the setback is requested in Tract F of the
Textual Statement in Case No. 06SN0191 as it pertains to the
property which is the subject of this request (i.e.,
approximately 15.8 acres at the southeast intersection of
Route 60 and Watkins Centre Parkway). In the event the
property subject to this rezoning application is developed
using the original setbacks established in Zoning Case No.
06SN0191, the proffered conditions contained herein shall not
apply to the development:
1. Setback Exception. All drives and parking areas
shall have a minimum twenty-five (25) foot setback
from the ultimate rights-of-way for Watkins Centre
Parkway and the proposed East/West Arterial. Any
drives shall have a minimum twenty-five (25) foot
setback from the ultimate right-of-way for
Midlothian Turnpike. The reduction shall not apply
to building setbacks. Within these setbacks,
landscaping shall be installed in accordance with
"perimeter landscaping C" with the exception of
using larger caliper material (i.e. three and one-
half (3.5) inch minimum on large trees, eight (8)
feet high for evergreens, and three (3) inch
caliper for small trees). (P)
2. Limited Access Fence. If a limited access fence is
required by the Virginia Department of
Transportation (VDOT) along the south line of
Midlothian Turnpike from Watkins Centre Parkway to
the eastern property boundary of the property, the
existing limited access fence shall be replaced
with a decorative fence that meets VDOT
requirements for such fencing and is either (a) a
white PVC three-rail fence similar to the limited
access fence located along the north and south
sides of Route 711 on the eastern approach to the
Route 288 interchange, or (b) a black aluminum
"wrought-iron" style fence similar to the fence
located at the Steinmart Festival Project on Route
60 near Robious Road, excluding the brick pillars.
Installation of the fence is required prior to
obtaining a certificate of occupancy for any
building on the property. However, if VDOT does.
not approve either decorative fence referenced
above, the requirement for a decorative fence shall
terminate and the existing limited access fence
shall be permitted to remain. (P)
3. Low Impact Design and Development. An impervious
area containing a minimum of fifty percent (50~) of
the difference in the setback area required with
the exception set forth in paragraph 1 above and
the setback area that would be required but for
such exception shall be treated using Low Impact
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Development techniques such as impervious area
disconnection, alternative paving materials or
bioretention. The exact design shall be
accomplished during the site plan review process.
(EE)
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
8.C. CONSENT ITEMS
8.C.1. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
MATOACA DISTRICT IMPROVEMENT FUND TO THE SCHOOL
BOARD TO PURCHASE STEEL FOLDING CHAIRS FOR ETTRICIC
ELEMENTARY SCHOOL
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
transferred $3,132 from the Matoaca District Improvement Fund
to the School Board to purchase steel folding chairs for
Ettrick Elementary School.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
8.C.2. SET DATE FOR PUBLIC HEARING TO CONSIDER AMENDMENTS
TO THE COUNTY CODE RELATING TO SIGNS FOR COMMUNITY
EVENTS, DIRECTIONAL SIGNS FOR NEW RESIDENTIAL
COMMUNITIES AND CALCULATIONS FOR SIGN COPY AREA
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
set January 27, 2010, for a public hearing for the Board to
consider amendments to the County Code relating to signs for
community events, directional signs for new residential
communities and calculations for sign copy area.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
8.C.3. ACCEPTANCE OF PARCELS OF LAND
8.C.3.a. FOR THE EXTENSION OF GROVE PARR COURT FROM
STONEMILL ASSOCIATES, INCORPORATED
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of parcels of land containing a total
of 0.464 acres from Stonemill Associates, Inc. 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, and Durfee.
Nays: None.
Absent: Holland.
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8.C.3.b. FOR CROSSWINDS BOULEVARD AND HILL ROAD FROM
CHESTERFIELD BUSINESS PARTNERS, LLC
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of parcels of land containing a total
of 0.783 acres for Crosswinds Boulevard and Hill Road from
Chesterfield Business Partners, LLC and authorized the County
Administrator to execute the deed. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
8.C.3.c. ALONG HARROWGATE ROAD FROM COLONIAL HEIGHTS
ASSEMBLY OF GOD CHURCH
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On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.084
acres along Harrowgate Road from Colonial Heights Assembly of
God 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, and Durfee.
Nays: None.
Absent: Holland.
8.C.3.d. ALONG CENTRALIA ROAD FROM CVS OF VIRGINIA,
INCORPORATED
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.099
acres along Centralia Road from CVS of Virginia, Inc. 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, and Durfee.
Nays: None.
Absent: Holland.
8.C.3.e. ALONG CENTRALIA ROAD AND IRON BRIDGE ROAD FROM
IRON BRIDGE STATION, LLC AND EWN INVESTMENTS,
INCORPORATED
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of parcels of land containing a total
of 0.424 acres along Centralia Road and Iron Bridge Road from
Iron Bridge Station, LLC and EWN Investments, Inc. 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, and Durfee.
Nays: None.
Absent: Holland.
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8.C.3.f. FOR THE EXTENSION OF GROVE PARK COURT
FROM WAYNE D. MORRIS
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.036
acres from Wayne D. Morris, 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, and Durfee.
Nays: None.
Absent: Holland.
8.C.4. REQUESTS FOR PERMISSION
8.C.4.a. FROM HEIDI CREECH FOR A PROPOSED FENCE TO ENCROACH
WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 24, BLOCK
W, SUNNYBROOK, SECTION 6
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request for permission from Heidi Creech for a
proposed fence to encroach within an 8-foot easement across
Lot 24, Block w, Sunnybrook, Section 6, 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, and Durfee.
Nays: None.
Absent: Holland.
8.C.4.b. FROM ALLEN E. AND SANDRA L. LAMBERT FOR AN
EXISTING CONCRETE DRIVEWAY TO ENCROACH WITHIN A
TWENTY-FOOT WATER AND SEWER EASEMENT AND A FIVE-
FOOT TEMPORARY CONSTRUCTION EASEMENT ACROSS LOT 8,
WINTERFIELD STATION, SECTION 2
On_motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request for permission from Allen E. Lambert and
Sandra L. Lambert for an existing concrete driveway to
encroach within a 20-foot water and sewer easement and a 5-
foot temporary construction easement across Lot 8,
Winterfield Station, Section 2, 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, and Durfee.
Nays: None.
Absent: Holland.
8.C.4.c. FROM MARY LOTZ KAUFFMANN, TRUSTEE FOR A PROPOSED
GRAVEL DRIVEWAY TO ENCROACH WITHIN FIFTY-FOOT
UNIMPROVED COUNTY RIGHTS OF WAY KNOWN AS INDIAN
SPRINGS ROAD AND LIPTON ROAD
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request for permission from Mary Lotz Kauffman,
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Trustee for a proposed gravel driveway to encroach within 50-
foot unimproved county rights of way known as Indian Springs
Road and Upton Road, 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, and Durfee.
Nays: None.
Absent: Holland.
8.C.5. REQUEST TO QUITCLAIM A SIXTEEN-FOOT DRAINAGE EASEMENT
ACROSS THE PROPERTY OF EWN INVESTMENTS, INCORPORATED
AND IRON BRIDGE STATION, LLC
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
16-foot drainage easement across the property of EWN
Investments, Inc. and Ironbridge Station, LLC. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
8.C.6. APPROVAL OF ADDENDUM TO LEASE OF PROPERTY OWNED BY
FAMILY HOLDINGS, LC FOR USE BY THE ECONOMIC
DEVELOPMENT DEPARTMENT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved the addendum to the lease with Family Holdings, LC
for office space for the Economic Development Department.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
8.C.7. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND POWER
COMPANY TO PROVIDE SERVICE TO SIX MOBILE CLASSROOMS
AT GATES ELEMENTARY SCHOOL
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Virginia
Electric and Power Company for a 15-foot underground easement
to provide service to six mobile classrooms at Gates
Elementary School. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
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12/16/09
8.C.8. STATE ROAD ACCEPTANCES
On the motion of Mr. Gecker, seconded by Ms. Durfee, 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: 95-10 Industrial Park
Z~rpe 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
• Redwater Drive, State Route Number 7435
Old Route Number: 0
From: Ware Bottom Springs Dr., (Rt. 898)
To: Grover Ct., (Rt. 7436), a distance of: 0.15 miles.
Recordation Reference: Db. 3762, Pg. 893
Right of Way width (feet) = 60
• Grover Court, State Route Number 7436
Old Route Number: 0
From: Redwater Dr., (Rt. 7435)
To: Cul-de-sac, a distance of: 0.15 miles.
Recordation Reference: Db. 3762, Pg. 893
Right of Way width (feet) = 60
• Redwater Drive, State Route Number 7435
Old Route Number: 0
From: Grover Ct., (Rt. 7436)
To: Cul-de-sac, a distance of: 0.21 miles.
Recordation Reference: Db. 3762, Pg. 893
Right of Way width (feet) = 60
And, further, the Board adopted the following resolution:
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WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
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WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
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: Watermill Section 4
1~+pe Change to the Secoadary System of State Addition
Reasoa for Change: New subdivision street
Pursuaat to Code of Virgiaia X33.1-229
Street Name aad/or Route
• Windmill Ridge Drive, State Route Number 5584
Old Route Number: 0
From: 0.01 miles north of Water Race Dr., (Rt. 7061)
To: Cascade Ridge Ln., (Rt. 7411), a distance of:
Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 50
Recordation Reference: Pb. 168, Pg. 43
Right of way width (feet) = 40
• Billstoae Drive, State Route Number 5587
Old Route Number: 0
0.05 miles.
0.06 miles.
To: Billstone Dr., (Rt. 5587), a distance of: 0.05 miles.
• Cascade Ridge Laae, State Route Number 7411
Old Route Number: 0
From: Windmill Ridge Dr., (Rt. 5584)
To: Cascade Meadows Dr., (Rt. 7412), a distance of:
Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 40
• Cascade Meadows Drive, State Route Number 7412
Old Route Number: 0
From: Cascade Ridge Ln., (Rt. 7411)
To: Cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 40
• Cascade Meadows Drive, State Route Number 7412
Old Route Number: 0
From: Cascade Ridge Ln., (Rt. 7411)
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12/16/09
From: Cascade Meadows Dr., (Rt. 7412)
To: Temp EOM, a distance of: 0.06 miles.
Recordation Reference: Pb. 168, Pg. 43'
Right of Way width (feet) = 40
• Cascade Meadows Drive, State Route Number 7412
Old Route Number: 0
From: Billstone Dr., (Rt. 5587)
To: Cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 40
• Windmill Ridge Drive, State Route Number 5584
Old Route Number: 0
From: Cascade Ridge Ln., (Rt. 7411)
To: Tomahawk Meadows Ln.,. (Rt. 7413), a distance of
Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 50
• Tomahawk Meadows Lane, State Route Number 7413
Old Route Number: 0
From: Windmill Ridge Dr., (Rt. 5584)
To: Tomahawk Meadows Dr., (Rt. 7413), a distance of:
Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 40
• Tomahawk Meadows Laae, State Route Number 7413
Old Route Number: 0
From: Tomahawk Meadows Dr., (Rt. 7414)
To: Cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 40
• Tomahawk Meadows Drive, State Route Number 7414
Old Route Number: 0
From: Tomahawk Meadows Ln., (Rt. 7413)
To: Tomahawk Meadows P1., (Rt. 7415), a distance of:
Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 40
• Tomahawk Meadows Place, State Route Number 7415
Old Route Number: 0
From: Tomahawk Meadows Drive
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 40
0.08 miles.
0.04 miles.
0.06 miles.
• Tomahawk Meadows Drive, State Route Number 7414
Old Route Number: 0
From: Tomahawk Meadows P1., (Rt. 7415)
To: Cul-de-sac, a distance of: 0.02 miles.
Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 40
• Windmill Ridge Drive, State Route Number 5584
Old Route Number: 0
From: Tomahawk Meadows Ln., (Rt 7413)
To: Tomahawk Ridge Dr., (Rt 7416), a distance of: 0.10 miles.
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Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 50
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• Tomahawk Ridge Drive, State Route Number 7416
Old Route Number: 0
From: Windmill Ridge Dr., (Rt. 5584)
To: Tomahawk Ridge P1., (Rt. 7417), a distance of
Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 40
• Tomahawk Ridge Place, State Route Number 7417
Old Route Number: 0
From: Tomahawk Ridge Dr., (Rt. 7416)
To: Cul-de-sac, a distance of: 0.05 miles.
Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 40
• Tomahawk Ridge Drive, State Route Number 7416
Old Route Number: 0
From: Tomahawk Ridge P1., (Rt. 7417)
To: Cul-de-sac, a distance of: 0.03 miles.
Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 40
• alindmill Ridge Drive, State Route Number 5584
Old Route Number: 0
From: Tomahawk Ridge Dr., (Rt. 7416)
To: Temp EOM, a distance of: 0.15 miles.
Recordation Reference: Pb. 168, Pg. 43
Right of Way width (feet) = 50
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
8.C.9. ADOPTION OF RESOLUTIONS
0.07 miles.
8.C.9.a. AUTHORIZING THE CAPITAL REGION AIRPORT COMMISSION
TO GRANT A PERMANENT DRAINAGE EASEMENT TO VDOT FOR
I-895 CONNECTOR TO AIRPORT; AND AUTHORIZING THE
CAPITAL REGION AIRPORT COMMISSION TO APPROVE
CERTAIN LEASES AND EASEMENTS IN THE FUTURE WITHOUT
PRIOR CONSENT OF MEMBER LOCALITIES
a
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the Virginia Department of Transportation
("VDOT") has requested a permanent drainage easement
("Drainage Easement") and a temporary construction easement
from the Capital Region Airport Commission ("Commission") in
connection with the construction by VDOT of the connector to
interstate highway 895; W
WHEREAS, the facilities to be built by VDOT in the area
of the Drainage Easement will be of benefit to the
Commission's property;
09-738
12/16/09
WHEREAS, the Deed and Agreement dated January 1, 1976,
between the City of Richmond, Henrico County and the
Commission recorded in Deed Book 1684, page 944, as amended
by First Amendment to Tripartite Agreement dated December 1,
1984 and Second Amendment to Tripartite Agreement dated
October 29, 1985 (collectively the "Tripartite Agreement"),
provides in paragraph 1 ("Paragraph 1") that the Commission
shall not convey, sell or otherwise dispose of any real
estate conveyed to the Commission by the City (the
"Property") without the prior written consent of the City,
Henrico County, Chesterfield County and Hanover County
("Member Jurisdictions");
WHEREAS, the Drainage Easement requested by VDOT will
permanently encumber the Property;
WHEREAS, City Attorneys for the City of Richmond
("City") by letters dated January 29, 1976 and May 2, 1988
(the "City Opinions") have opined that Paragraph 1 was not
intended to require the approval of the City for the (i)
granting of leases for a term of years on any of the Property
and easements to tenants necessary for ingress and egress to
the leased premises, (ii) granting of easements relating to
the operation and maintenance of the Property that are
beneficial (necessary or desirable) to the Property as a
regional airport facility, and (iii) granting of easements to
the Commission's lessees that are performing a service or
function under the lease related to the Commission purpose of
operating a regional airport; and
WHEREAS, in reliance on the City Opinions, the
Commission has from time to time executed and delivered
leases and easements to their parties and the Commission now
wishes to obtain general approval from the Member
Jurisdictions to continue that process.
NOW, THEREFORE, BE IT RESOLVED pursuant to 1980 Acts of
Assembly, Chapter 380, the Commission hereby requests each
Member Jurisdiction to authorize the Commission to execute
and deliver without prior approval from the Member
Jurisdictions (i) renting or leasing for a term of years its
Property, (ii) .granting an easement to tenants necessary for
ingress and egress to the leased premises, and (iii) granting
utility and other easements beneficial (necessary and
desirable) to the Commission or its lessees, as determined by
the Chief Executive Officer relating to the operation and
maintenance of its Property an airport pursuant to its
Enabling Act; and
BE IT FURTHER RESOLVED that subject to the foregoing
jurisdictional authorization and review by counsel and
finding and determining that the Drainage Easement to be of
benefit to the Commission, the President and Chief Executive
Office is hereby authorized to execute the Drainage Easement.
And, further, the Board adopted the following resolution:
WHEREAS, the Deed and Agreement dated January 1, 1976,
between the City of Richmond (the "City"), Henrico County and
the Capital Region Airport Commission (the "Commission")
recorded in Deed Book 1684, page 944 in the Clerk's Office,
Circuit Court, Henrico County, Virginia, as amended by First
Amendment to Tripartite Agreement dated December 1, 1984,
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Second Amendment to Tripartite Agreement dated October 29,
1985 and Third Amendment to Tripartite Agreement dated April
25, 1990 (collectively the `Tripartite Agreement"), provides
in paragraph 1 ("Paragraph 1") that the Commission shall not
convey, sell or otherwise dispose of any real estate conveyed
to the Commission by the City (the "Property") without the
prior written consent of the City, Henrico County,
Chesterfield County and Hanover County ("Member
Jurisdictions");
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WHEREAS, City Attorneys for the City by letters dated
January 29, 1976 and-May 2, 1988 (the "City Opinions") have
opined that Paragraph 1 was not intended to require the
consent of the City for (i) granting leases for a term of
years on any of the Property, (ii) granting easements to
tenants necessary for ingress and egress to the leased
premises, (iii) granting easements relating to the operation
and maintenance of the Property that are beneficial
(necessary or desirable) to the Property as a regional
airport facility, and (iv) granting easements to the
Commission's lessees that are performing a service or
function under the lease related to the Commission purpose of
operating a regional airport; and
WHEREAS, in reliance on the City Opinions, the
Commission has from time to time executed and delivered
leases and easements to third parties and the Commission now
wishes to obtain general approval from the Member
Jurisdictions to continue that process and accordingly, by
Resolution dated September 29, 2009, the Commission has
requested each Member Jurisdiction to authorize to that
process.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors authorizes the Commission,
without the prior approval of the Board, to enter into
agreements (i) renting or leasing for a term of years any of
the Property, (ii) granting an easement to tenants necessary
for ingress and egress to such leased premises, and (iii)
granting utility and other easements beneficial (necessary or
desirable) to the Commission or its lessees, as determined by
the Chief Executive Officer of the Commission relating to the
operation and maintenance of the Property as an airport
pursuant to its Enabling Act.
And, further, the Board adopted the following resolution:
WHEREAS, the Virginia Department of Transportation
("VDOT") has requested a permanent drainage easement
("Drainage Easement") and a temporary construction easement
from the Capital Regional Airport Commission ("Commission")
in connection with the construction by VDOT of the connector
to interstate highway 895;
WHEREAS, the facilities to be built by VDOT in the area
of the Drainage Easement will be of benefit to the
Commission's property;
WHEREAS, the Deed and Agreement dated January 1, 1976,
between he City of Richmond, Henrico County and the
Commission recorded in Deed Book 1684, page 944, as amended
by First Amendment to Tripartite Agreement dated December 1,
1984 and Second Amendment to Tripartite Agreement dated
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12/16/09
October 29, 1985 (collectively the "Tripartite Agreement"),
provides in paragraph 1 ("Paragraph 1") that the Commission
shall not convey, sell or otherwise dispose of any real
estate conveyed to the Commission by the City (the
"Property") without the prior written consent of the City,
Henrico County, Chesterfield County and Hanover County
("Member Jurisdictions");
WHEREAS, the Drainage Easement requested by VDOT will
permanently encumber the Property;
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County hereby authorizes the
President and Chief Executive Office to execute the Drainage
Easement on behalf of the Commission.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
8.C.9.b. APPROVING THE FINANCING PLAN FOR RICHMOND
INTERNATIONAL AIRPORT EXPANSION, MODERNIZATION AND
RENOVATION
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the Capital Region Airport Commission was
created pursuant to the provisions of Chapter 380 of the Acts
of Assembly of 1980, as amended (the "Enabling Act"), and
owns and operates the Richmond International Airport
("Airport"); and
WHEREAS, in order to expand its facilities due to
increasing passenger and cargo demand, the Commission desires
to undertake any or all of the improvements, enlargements or
replacements at the Airport (the "Project") and issue its
bonds, notes or other obligations (the "Obligations")
pursuant to a plan of financing, all as set forth in Exhibit
A attached hereto;
WHEREAS, the Enabling Act requires that the governing
body of each participating political subdivision of the
Commission approve the maximum amount and general purposes of
the issuance of indebtedness by the Commission; and
WHEREAS, Section 147 (f) of the Internal Revenue code of
1986, as amended (the "Code"), provides that, following a
public hearing, the plan of financing for the issuance of
exempt facilities bonds or notes be approved by certain
elected public bodies in respect of the issuer of such bonds
or notes:
WHEREAS, the plan of financing for the issuance of the
Obligations for the Project was the subject of a public
hearing by the Commission on November 24, 2009, in accordance
with the provisions of Section 147 (f) of the Code; and
WHEREAS, the Commission has requested that the Board of
Supervisors of the County of Chesterfield, Virginia (the
"County") approve the plan of financing for the issuance of
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Obligations to finance or refinance any or all parts of the
Project and their maximum amount, as required by the Enabling
Act and to the extent required by the Code; and
WHEREAS, it is in the best interests of the County to
approve the Commission's plan of financing as set forth in
Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
1. The Board hereby approves the issuance from time to
time of Obligations by the Commission pursuant to
the plan of financing for the Project, all as
described in Exhibit A, and the general purposes
thereof for the financing or refinancing of the
Project, as required by the Enabling Act and to the
extent required by Section 147 (f) of the Code.
2. The approval of the plan of financing for the
issuance of the Obligations does not constitute an
endorsement to prospective purchasers of the
Obligations of the creditworthiness of the Project,
the Airport or the Commission. As set forth in the
plan of financing, the Obligations shall provide
that neither the County nor the Commission shall be
obligated to pay the Obligations or the interest
thereon or other costs incident thereto except from
the revenues and moneys pledged therefore and from
any other funds which may become available, and
neither the faith or the credit nor the taxing
power of the Commonwealth, the County or the
Commission shall be pledged thereto.
3. This resolution shall take effect immediately upon
its adoption.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
8.C.9.C. REGARDING THE SHELTERING OF ANIMALS IN THE
CHESTERFIELD COUNTY ANIMAL SHELTER
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On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the Animal Control Unit of the Chesterfield
County Police Department provides for the safety and welfare
of Chesterfield citizens as it pertains to the control of
unsupervised companion animals and the protection of all
domesticated animals from inhumane treatment; and
WHEREAS, the Animal Control Unit has implemented a
variety of initiatives with outside organizations such as pet
retailers, shelters, the media and community animal rescue
groups that enhance the quality of life for both citizens and
companion animals; and
WHEREAS, Chesterfield County actively seeks to enhance
and improve public education and awareness of animal welfare
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issues including pet adoption, sterilization and responsible
pet ownership; and
WHEREAS, beginning in January 2010, the Board of
Supervisors of the County of Chesterfield will initiate a
process to develop a strategic plan and partnership process
to reduce the number of homeless companion animals in the
Animal Shelter, with the ultimate goal of becoming a facility
where, in accordance with the Asilomar Accords, the lives of
all healthy companion animals will be saved; and
WHEREAS, it is the intent of the County of Chesterfield
to expand the availability of spay and neuter services for
all healthy, adoptable companion animals prior to release
from the Animal Shelter.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Chesterfield believes that these
actions will, over time, have a positive impact in reducing
the number of homeless companion animals that ,come to the
Animal Shelter and lead to saving the lives of more animals.
AND, BE IT FURTHER RESOLVED that the Board of
Supervisors directs the County Administrator to expedite
efforts to reach the goals outlined above, and that this
resolution shall take effect upon its adoption.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
8.C.9.d. RECOGNIZING MR. ANTHONY T. HINCHEY, SHERIFF'S
OFFICE, UPON HIS RETIREMENT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the resolution:
WHEREAS, Mr. Anthony T. Hinchey began his service to the
citizens of Chesterfield County as a Deputy Sheriff in the
Correctional Services Division of the Chesterfield Sheriff's
Office in April of 1988; and
WHEREAS, in May of 1991, Deputy Hinchey was promoted to
Sergeant in the Correctional Services Division and served as
a Security Shift Supervisor; and
WHEREAS, in March of 1992, Sergeant Hinchey was
reassigned to the Classification Section of the Correctional
Services Division as a Classification Officer; and
WHEREAS, in May of 2004, Sergeant Hinchey was promoted
to Sergeant, was selected as Employee of the Quarter, and he
continued to serve in the Correctional Services Division; and
WHEREAS, in May of 2006, Sergeant Hinchey was reassigned
to the Court Services Division where he oversaw the daily
court operations; and
WHEREAS, in February of 2007, Sergeant Hinchey was
reassigned to Correctional Services Section where he served
as a security platoon supervisor; and
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WHEREAS, in February of 2007, Sergeant Hinchey was
promoted to Lieutenant and continued to serve in the
Correctional Services Section as a Security Platoon Commander
and as a Classification Commander; and
WHEREAS, Lieutenant Hinchey served on numerous
department and county committees, and he received numerous
letters of appreciation and commendation for his customer
service standards and leadership abilities, as well as
receiving the Good Conduct Ribbon; and
WHEREAS, Mr. Hinchey has served with distinction and
dedication for 21 years under the following Sheriffs: James
Mutispaugh, Walter Minton, Clarence G. Williams Jr. and
Dennis S. Proffitt.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. Anthony T. Hinchey, expresses the
appreciation of all residents for his service to Chesterfield
County, and extends appreciation for his dedicated service to
the county and congratulations upon his retirement, as well
as best wishes for a long and happy retirement.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
8.C.9.e. RECOGNIZING MR. MICHAEL S. RUBIO, SHERIFF'S OFFICE,
UPON HIS RETIREMENT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Mr. Michael S. Rubio began his- service to the
citizens of Chesterfield County as a Deputy Sheriff in the
Correctional Services Division of the Chesterfield Sheriff's
Office in September of 1982; and
WHEREAS, in December 1983 Deputy Rubio was promoted to
Sergeant in the Correctional Services Division, was selected
as employee of the quarter in December of 1991 and served in
the Jail Division with distinction until September of 1992;
and
WHEREAS, in September of 1992, Sergeant Rubio was
promoted to Lieutenant and continued to serve in the
Correctional Services Division; and
WHEREAS, in June of 2001, Lieutenant Rubio was
reassigned to the Court Services Division where he oversaw
the daily operations of the court and transportation units;
and
WHEREAS, in June of 2003, Lieutenant Rubio was
reassigned to the Support Services Division as the Training
Director, where he helped shape future Sheriff's Office
employees by way of recruit basic academies and general
department in-service training; and
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12/16/09
WHEREAS, in May of 2005, Sergeant Rubio was reassigned
to the Correctional Services Division where he could impart
his knowledge as a security shift supervisor; and
WHEREAS, Mr. Rubio was very involved in the Virginia
Special Olympics, served on many committees associated with
customer service standards and unit improvement efforts, as
well as department improvement efforts, and received numerous
letters of appreciation and commendation during his tenure;
and
WHEREAS, Mr. Rubio always strived for excellence and
served with distinction for 27 years under the following
Sheriffs: Emmett Wingo, James Mutispaugh, Walter Minton,
Clarence G. Williams Jr. and Dennis S. Proffitt.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. Michael S. Rubio, expresses the
appreciation of all residents for his service to Chesterfield
County, and extends appreciation for his dedicated service to
the county and congratulations upon his retirement, as well
as best wishes for a long and happy retirement.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
8.C.10. AWARD A CONSTRUCTION CONTRACT TO ALL SEASONS
CONTRACTORS FOR THE MANCHESTER VOLUNTEER RESCUE
SQUAD ADDITION AND RENOVATION PROJECT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the County Administrator to execute a construction
contract with All Seasons Contractors for the Manchester
Volunteer Rescue Squad Addition and Renovation Project in the
amount of $868,450.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
8.C.11. AUTHORIZE THE RECEIPT OF APPROPRIATION OF GRANT
FUNDS FROM THE DEPARTMENT OF-HOMELAND SECURITY TO
PROVIDE CITIZEN PREPAREDNESS TRAINING FOR THE
CITIZENS OF CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Fire and EMS Department, Office of Emergency
Management, to receive and appropriate $22,000 in grant funds
from the Department of Homeland Security for training and
coordinating the Community Emergency Response Teams (CERT).
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
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7.A. TRANSFER OF FUNDS AND AUTHORIZATION TO PROCEED WITH
EPPES FALLS ROAD PAVING PROJECT
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Mr. Warren called for public comment.
Col. Horace "Pete" Mann, the former President of Eppington
Foundation, spoke in support of the paving of Eppes Falls
Road.
Mr. Dan Noble introduced some of the children who are being
driven down Eppes Falls Road to go to the bus stop. He
requested the Board approve paving of Eppes Falls Road for
the safety of the children that live along the road.
Ms. Margo Underwood requested the Board approve the paving of
Eppes Falls Road. She stated the county cannot wait for an
accident to happen.
Mr. Chris Sandy requested the Board approve the paving of
Eppes Falls Road. He stated he has a handicapped five year
old child, and traveling along Eppes Falls Road is difficult
for the child.
Ms. Jennifer Byrd requested the Board approve the paving of
Eppes Falls Road. She stated her elderly mother .lives with
her and if an accident happens it would be difficult for the
emergency crews to access her house.
Mr. William Craver requested the Board approve the paving of
Eppes Falls Road. He stated he has two children who must be
taken to the bus stop due to the condition of the road.
Mr. George Beadles stated Eppes Falls Road needs to be paved
for the benefit of The Eppington Foundation.
Ms. Andrea Epps inquired why the county has a VDOT maintained
road that is gravel surfaced.
Ms. Durfee stated since the December 2, 2009 Board meeting
she has had the opportunity to have meetings with the
residents of Eppes Falls Road, the Transportation Department,
and school officials. She further stated the condition of
Eppes Falls Road has been an issue for a long time. She
stated the Board received a list of 29 unpaved roads in the
county; however, none of the roads is the length of Eppes
Falls Road. She further stated the safety of the road is
impaired by rain due to gravel being pushed to the side. She
stated she is going to defer this request to next month to
allow more time for information to be gathered for the Board.
Ms. Durfee made a motion, seconded by Mr. Gecker, for the
Board to defer the decision of the paving of Eppes Falls
Road.
In response to Mr. Gecker's questions, Mr. McCracken stated
school buses cannot travel along Eppes Falls Road because it
is too narrow and there is no turnaround location. He
further stated the estimate received from VDOT covers
widening the road at its most narrow spot and putting in a
cul-de-sac. He stated the $240,000 requested would be enough
to fund both paving of the road and the turnaround location.
He further stated the school division makes the decisions
regarding school bus routes.
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Ms. Durfee stated the issues brought up concerning school
buses traveling on Eppes Falls Road are the width of the road
and the lack of a location for a bus to turn around. She
further stated after meetings with School Transportation,
County Transportation and VDOT, it has been determined both
of the objectives could be met with the $240,000.
Mr. Gecker stated he would support the request for paving of
Eppes Falls Road.
Ms. Durfee withdrew her motion for the Board to defer the
decision on the paving of Eppes Falls Road.
Mr. Gecker withdrew his second of the motion for the Board to
defer the decision on the paving of Eppes Falls Road.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board 1)
transferred $240,000 to the Eppes Falls Road Paving Project
from the General Road Improvement Account; 2) authorized the
County Administrator to enter into the customary
VDOT/County/consultant/contractor, design, right-of-way
acquisition, environmental permitting and/or construction
agreement, acceptable to the County Attorney, for the
project; and 3) authorized advertisement and award of
construction contract to the lowest responsible bidder, up to
$240,000, for the Eppes Falls Road Paving Project.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
Ms. Jaeckle stated the relationships built between the
neighbors along Eppes Falls Road will be missed.
Mr. warren stated hopefully once Eppes Falls Road is paved,
tour buses will visit Eppington.
8. NEW BUSINESS
8.A. APPOINTMENTS
8.A.1. MULTICULTURAL ADVISORY COMMISSION
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
reappointed Ms. Lee Brazzell, Ms. Tanya Gonzalez, Ms. Marilyn
Breslow, Mr. Jim Daniels, Ms. Oneida Ireland, Mr. Rumy Mohta,
Dr. Muhammad Sahli, Mr. Juan Santacoloma, and Ms. Elizabeth
Wood, to serve on the Multicultural Advisory Commission,
whose terms will be effective December 16, 2009 and expire
December 15, 2011. (It is noted these individuals were
previously nominated for appointment at the December 2, 2009
meeting.)
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
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8.B. STREETLIGHT INSTALLATION COST APPROVALS
^i
On motion of Mr. warren, seconded by Mr. Gecker, the Board
approved the following streetlight installation:
DALE DISTRICT:
• In the Kings Grove subdivision: Kings Grove Drive,
vicinity of 5807
Cost to install streetlight: $1,291.24
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
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 Mr. Gecker, seconded by Mr. Durfee, 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, and Durfee.
Nays: None.
Absent: Holland.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
C•7
Mr. George Beadles requested the Board increase the real
estate tax rate to insure adequate programs are still run
throughout the county.
11. DINNER
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
recessed to the Lane B. Ramsey Administration Building, Room
502 for dinner.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
Reconvening:
12. INVOCATION
Elder Wade S. Runge, New Deliverance Evangelistic Church,
gave the invocation.
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13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Auxiliary Police Officer John E. Hawkins, Jr. led the Pledge
of Allegiance to the Flag of the United States of America.
14. RESOLUTIONS
14.A. RECOGNIZING UPPY'S CONVENIENCE STORES, INCORPORATED
UPON RECEIVING THE GREATER RICHMOND CHAMBER OF
COMMERCE'S IMPACT AWARD
Mr. Davis introduced Mr. Steve Uphoff, owner of Uppy's
Convenience Stores, who was present to receive the
resolution.
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the Greater Richmond Chamber of Commerce was
chartered in 1867 and has been a strong and positive force in
shaping the financial, educational, and civic well being of
the region, serving the city of Richmond and the counties of
Chesterfield, Hanover and Henrico; and
WHEREAS, the GRCC has presented the IMPACT Award
annually since 1988 to businesses that have responded to
adversity and won; contributed to the Greater Richmond
Community; offered a quality work environment for their
employees; grown their business in both gross sales and
number of employees; and demonstrated innovation in business
practices and new products; and
WHEREAS, Uppy's Convenience Stores, Incorporated, a
family business with its home office located in Chester,
Virginia, was founded by Steven and Linda Uphoff on July 15,
1995; and
WHEREAS, the company currently operates 40 locations and
employs more than 550 team members dedicated to providing
customers with quality goods and exceptional customer
service; and
WHEREAS, Uppy's featured brands include ExxonMobil, BP,
Dairy Queen, Subway and Noble Roman Pizza; and
WHEREAS, Uppy's is a fast-growing company that has
actively supported numerous community projects and
sponsorships; and
WHEREAS, Uppy's also operates, through common ownership,
a separate wholesale gasoline distribution company, Southside
Oil, that has been in business for more than 75 years and
which currently serves approximately 60 additional BP and
Exxon locations; and
WHEREAS, Uppy's has been selected to receive the 2009
Greater Richmond Chamber of Commerce IMPACT award in
recognition of its success and adherence to the IMPACT
award's standards; and
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WHEREAS, Chesterfield County is proud to have Uppy's
locations operating in the county, and to have the Uppy's
home office located in Chester, within the county; and
WHEREAS, Uppy's provides Chesterfield County residents
with quality goods and services in convenient locations.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 16th day of December 2009,
congratulates Steven and Linda Uphoff, and all Uppy's
employees, on earning the coveted IMPACT award, thanks them
for their dedication to excellent customer service, and
extends best wishes for continued success.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
Mr. Warren presented the .executed resolution to Mr. Steve
Uphoff, accompanied by his wife Linda, and expressed
appreciation for their dedication to the community of
Chesterfield County.
Ms . Durfee congratulated Mr. and Mrs . Uphoff for earning the
IMPACT Award and expressed appreciation for their dedication
to Chesterfield County.
Mr. Uphoff expressed appreciation for the recognition by the
Board.
Mr. Stegmaier expressed appreciation for Mr. and Mrs.
Uphoff's dedication to Chesterfield County.
14.B. RECOGNIZING MS. SUSAN WARD FOR HER SERVICE ON THE
CHESTERFIELD COMMUNITY SERVICES BOARD
0
Ms. Burcham introduced Ms. Susan Ward, who was present to
receive her resolution.
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Ms. Susan Ward has served as a dedicated and
faithful member-at-large of the Chesterfield Community
Services Board since her appointment by the Board of
Supervisors in March 2007; and
WHEREAS, during her term as a member of the Chesterfield
Community Services Board, Ms. Ward has served with
distinction on the Executive Committee in the office of Vice
Chair, as well as Chair of the Service Quality Committee and
on the Substance Abuse Advocacy Committee; and
WHEREAS, Ms. Ward serves as a strong voice for those
with mental illness, intellectual disabilities, and substance
abuse with her expertise and interest in governmental
relations and legislative and regulatory advocacy; and
WHEREAS, in her professional role as Staff Attorney in
the Virginia. Division of Legislative Services, Ms. Ward
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provided counsel to legislative committees considering mental
health and other human services legislation; and
WHEREAS, Ms. Ward's experience in mental health issues,
especially those related to inpatient services, was important
to the work of the board and her determination to understand
all the services of the board provided clarity and
understanding for others; and
WHEREAS, Ms. Ward is acknowledged for her dedication and
genuine concern for all persons with disabilities.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 16th day of December 2009,
publicly recognizes Ms. Susan Ward and expresses sincere
appreciation for her commitment and significant contributions
in the provision of quality mental health, intellectual
disabilities and substance abuse services to the citizens of
Chesterfield County.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Ward and .that it be
permanently recorded among the papers of the Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
Mr. Gecker expressed appreciation to Ms. Ward for her
dedication to the citizens of Chesterfield County.
Ms. Ward expressed appreciation for the opportunity to have
worked with the Community Services Board.
14.C. RECOGNIZING AUXILIARY POLICE OFFICER JOHN E. HAWRINS,
JR. UPON HIS RETIREMENT
Lt. Col. Austin introduced Officer John E. Hawkins, Jr., who
was present to receive his resolution.
On motion of Mr. Warren, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Auxiliary Police Officer John E. Hawkins, Jr.
will retire from the Chesterfield County Auxiliary Police
Department on January 1, 2010; and
WHEREAS, Officer Hawkins provided 30 years of volunteer
service to the citizens of Chesterfield County; and
WHEREAS, Officer Hawkins has volunteered approximately
377 hours per year; and
WHEREAS, Officer Hawkins has assisted the police
department on numerous occasions by safeguarding crime
scenes; and
WHEREAS, Officer Hawkins was the recipient of a Unit
Citation Award for dedication and diligence displayed in
serving the department; and
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WHEREAS, the commitment and professionalism of the
members of the Auxiliary Police Unit provide a safer and more
secure community for the citizens of Chesterfield County; and
WHEREAS, Officer Hawkins has routinely ridden with many
officers throughout the years, assisting in whatever capacity
was needed; and
WHEREAS, Officer Hawkins has provided the Chesterfield
County Police Department with many years of loyal and
dedicated volunteer service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Officer Hawkins' diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 16th day of December 2009,
publicly recognizes Auxiliary Police Officer John E. Hawkins,
Jr., and extends on behalf of its members and the citizens of
Chesterfield County, appreciation for his service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Officer Hawkins, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
Ms. Durfee presented the executed resolution to Officer
Hawkins and expressed appreciation for his dedication to
Chesterfield County.
Officer Hawkins expressed appreciation for the opportunity to
have spent 30 years working in Chesterfield County.
Officer Perry Hornbarger, Unit Commander of the Auxiliary
Police Unit, expressed appreciation to Officer Hawkins for
his dedication to the auxiliary police unit.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
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
lOSN0127
Mr. Turner presented a summary of Case lOSN0127 and stated
both the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
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12/16/09
Mr. Jim Theobald, the applicant's representative, expressed
appreciation for Mr. Stegmaier and county staff for their
assistance on this case.
Mr. Warren called for public comment.
There being no one to address the request, the public hearing
was closed.
Mr. Warren stated he spoke with Mr. Holland relating to Case
lOSN0127 and he is supportive of the request.
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
approved Case lOSN0127 and accepted the following proffered
conditions:
The property owners and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950 a:
amended) and the Zoning Ordinance of Chesterfield County, fox
themselves and their successors or assigns, proffer that the
property under consideration will be developed according tc
the following proffers if, and only if, the rezoning request
submitted herewith is granted with only those condition:
agreed to by the owners and applicant. In the event thi:
request is denied or approved with conditions not agreed to b~
the owners and applicant, the proffers shall immediately be
null and void and of no further force or effect.
1. Utilities. The public wastewater system shall b
utilized. (U)
2. Right-of-way Dedication. Prior to any site plan
approval, or within sixty (60) days from the date of
a written request by the Transportation Department,
whichever occurs first, one hundred (100) feet of
right-of-way on the west side of Iron Bridge Roac
(Route 10), measured from the centerline of that
part of Route 10 immediately adjacent to the
Property, shall be dedicated, free and unrestricted,
to and for the benefit of Chesterfield County. (T)
3. Access.
a. Direct vehicular access from the Property t
Route 10 shall be limited to one (1
entrance/exit, generally located towards th
southern property line. The exact location o
this access shall be approved by th
Transportation Department. Prior to final sit
plan approval, an access easement, acceptabl
to the Transportation Department, shall b
recorded from the Route 10 access to serve th
adjacent property to the south.
b. Direct vehicular access from the Property t
Omo Road shall be limited to one (1
entrance/exit, generally located towards th
western property line. The exact location o
this access shall be approved by th
Transportation Department. (T)
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4. Road Improvements. Prior to issuance of an
occupancy permit on the Property, the following road
improvements shall be provided:
a. Construction of an additional lane of pavement
along the southbound lanes of Route 10 for the
entire length of the Property frontage.
C
b. Construction of additional pavement along the
southbound lanes of Route 10 at the approved
access to provide a separate right turn lane.
c. Construction of a sidewalk along the entire
Property frontage to Route 10 and Omo Road.
The exact design and location of this
improvement shall be approved by the
Transportation Department.
d. Construction of an additional lane of pavement
along Omo Road at the approved access to
provide a left and right turn lane.
e. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way
(or easements) required for the improvements
identified above. In the event the developer
is unable to acquire the "off-site" right-of-
way that is necessary for the road improvements
described in Proffered Condition 4.d., the
developer may request, in writing, that the
county acquire such right-of-way as a .public
road improvement. All costs associated with
the acquisition of the right-of-way shall be
borne by the developer. In the event the
county chooses not the assist the developer in
acquisition of the "off-site" right-of-way, the
developer shall be relieved of the obligation
to acquire the "off-site" right-of-way and
shall provide the road improvements within
available right-of-way as determined by the
Transportation Department.
f. Full cost of traffic signal modifications at
the Route 10/Omo Road intersection, as
determined by the Transportation Department.
(T)
u
5. Use Restriction. Uses shall be limited to a drug
store/pharmacy with drive-through window and those
uses allowed in a Corporate Office (O-2) District.
(P)
6. Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there
shall be no timbering on the Property until a land
disturbance permit has been obtained from the
Environmental Engineering Department and the
approved devices have been installed. (EE)
7. Schematic Master Plan. The Property shall be
developed in
master plan
general conformance with the schematic
filed herewith entitled "Chesterfield,
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12/16/09
VA, CVS Store, New" dated September 17, 2009
prepared by Kimley-Horn and Associates, Inc.
"Schematic Master Plan"). (P)
8. Elevations. The Property shall be developed i
general conformance with the elevations file
herewith entitled "CVS Chesterfield VA" date
November 3, 2009 and prepared by Norr (th
"Elevations"). (P)
9. Maximum Square Footage. The building to b
developed on the Property shall not exceed 13,60
gross square feet. (P)
10. Fencing. A wood privacy fence a minimum of six
feet in height shall be installed along the west
property line upon commencement of development.
exact location of the fence shall be determined
the time of site plan review. (P)
Ayes: warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
17. PUBLIC HEARINGS
17.A. TO CONSIDER MODIFICATIONS TO THE WALTHALL PRIMARY
ENTERPRISE ZONE BOUNDARY AND THE MIDLOTHIAN SUBZONE
NUMBER TWO; AND AMENDING THE COUNTY CODE RELATED TO
TAX RELIEF IN THE ENTERPRISE ZONES AND SUBZONES
(6)~
at
Ms. Barbara DelVillar stated this date and time had been
advertised for the Board to consider modifications to the
Walthall Primary Enterprise Zone Boundary and the Midlothian
Subzone #2; and to amend County Code Section 6-5 related to
tax relief in the enterprise zones and subzones.
Mr. Warren called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following ordinance amendment:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 6-5 RELATING TO TAX AND FEE RELIEF
FOR QUALIFIED BUSINESSES LOCATED IN AN ENTERPRISE ZONE
OR SUBZONE
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 6-5 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 6-5. Tax and fee relief for qualified businesses
located in an enterprise zone or subzone.
(a) Any business required to obtain a license based on gross
receipts or purchases pursuant to this chapter, which is
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located in or makes improvements to a building within an
enterprise zone or subzone designated by the state, on
or after the date on which the enterprise zone or
subzone was established, may receive relief during the
tax and fee relief period, of those taxes and fees which
are calculated on the increase in gross receipts or
purchases over the business' gross receipts or purchases
during the base year. The base year under this section
shall be the calendar year immediately preceding the
year that the business initially qualifies for tax and
fee relief under this section.. For taxpayers who file
federal income tax returns on a fiscal year basis, the
base year shall be the fiscal year ending during the
calendar year immediately preceding the year that the
business initially qualifies for tax and fee relief
under this section. For a newly established business, a
new branch or a business relocating from outside
Chesterfield County, the base year amount shall be zero
and the tax and fee relief period shall begin in the tax
year that the business qualifies for tax and fee relief
and shall last for four additional tax years, or for as
long as the business remains within any enterprise zone
or subzone in Chesterfield County, whichever period is
shorter. For existing businesses which are already
located in Chesterfield County, the tax and fee relief
period shall begin in the tax year after the. business
qualifies for the relief and shall last for four
additional tax years, or for so long as the business
remains within any enterprise zone or subzone in
Chesterfield County, whichever period is shorter.
(b) A business shall qualify for the tax and fee relief
provided for in subsection (a) as follows:
(1) An application for tax relief under this section
must be submitted to the county's economic
development department and the benefit accessed by
the business within one year of start of operations
in the zone or subzone.
(2) If the business newly locates from outside any
enterprise zone or subzone in Chesterfield County
to a building or tenant space within any enterprise
zone or subzone in Chesterfield County after the
date on which the enterprise zone or subzone is
established, it shall qualify for tax and fee
relief immediately upon occupying the building.
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(3) If the business relocates within any enterprise
zone or subzone in Chesterfield County to a
building or tenant space after the date on which
the enterprise zone or subzone is established, it
shall qualify for tax and fee relief immediately
upon occupying the building provided it has not
received tax or fee relief at its previous zone or
subzone location.
(4) If the business builds a new building which
receives its certificate of occupancy after the
date on which the enterprise zone or subzone is
established, it shall qualify for the tax and fee
relief immediately upon occupying the building.
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12/16/09
(5) If the business shares occupancy of a new building
which receives its certificate of occupancy after
the date on which the enterprise zone or subzone is
established and is a separate and distinct business
from any other business which occupies the same
building, it shall qualify for tax and fee relief
immediately upon occupying the building.
(6) For purposes of determining initial eligibility for
tax and fee relief under this section, the term
"locate" does not include a transfer of ownership
of an existing business operation within an
enterprise zone or subzone to another entity which
is wholly or partially owned or controlled by or
affiliated with the prior business owner, but such
a transfer of ownership shall not disqualify a
currently eligible business from enjoying the
benefits under this section for a full five years,
even if such transfer occurs during the five-year
eligibility period, regardless of the change in
ownership.
(7) Each business shall be limited to one five-year
period of the tax and fee relief under this
section.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
RESOLUTION APPROVING AN
ENTERPRISE ZONE AMENDMENT APPLICATION TO
THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
WHEREAS, the Chesterfield County Board of Supervisors is
requesting an amendment to the Walthall Enterprise Zone and
subzone #2 and modifications to the local incentives program
related to section 6-5 of the Code of the County of
Chesterfield further clarifying said incentives; and
WHEREAS, the County Administrator and Local Zone
Administrator are authorized to submit all information needed
to apply for an Enterprise Zone Amendment to the Virginia
Department of Housing and Community Development; and
WHEREAS, the County Administrator and Local Zone
Administrator are authorized to meet all program
administrative and reporting requirements, as defined by the
Enterprise Zone Regulations, throughout the remaining life of
the zones; and
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors acknowledges the economic
benefits provided for by the Enterprise Zone Program and
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wishes to maximize its impact
zone designations by way of
Application;
for the remaining periods of
the Enterprise Zone Amendment
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be provided to the Virginia Department of Housing
and Community Development and that- this. resolution be
permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
U
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
17.B. TO CONSIDER AMENDMENTS TO THE COUNTY CODE RELATING TO
GRAVEL SURFACE TREATMENT FOR PARKING AREAS
ACCOMMODATING STORAGE OF RECREATIONAL VEHICLES
U
Mr. Greg Allen stated this date and time had been advertised
for the Board to consider a proposed 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 recreation vehicles.
Mr. Warren called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
adopted the following ordinance relative to gravel surface
treatment for parking areas accommodating storage of
recreational vehicles:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-514
RELATING TO SURFACE TREATMENT FOR PARKING AREAS ACCOMODATING
STORAGE OF BOATS AND RECREATIONAL VEHICLES.
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-514 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
0 0 0
(d) Surface treatment:
(1) With the exception of: (i) single-family
residential and farm uses; (ii) areas where
track-mounted equipment is stored or
displayed; (iii) property in I-2 and I-3
Districts; (iv) areas for the storage of
customer vehicles in motor vehicle
storage/towing lots; or (v) unpaved overflow
parking areas; or (vi) areas within vehicle
storage yards used solely for recreational
vehicle storage, driveways and parking areas
shall be paved with concrete, bituminous
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12/16/09
concrete or other similar material. Except in
I-2 and I-3 Districts, surface-treated parking
areas and drives shall be prohibited. Areas
where track mounted equipment is stored or
displayed, and areas for the storage of
customer vehicles in motor vehicle
storage/towing lots, and areas within vehicle
storage yards used solely for recreational
vehicles shall have a minimum surface depth of
six inches of No. 21 or No. 21A stone or
similar materials as approved by the director
of environmental engineering.
0 0 0
(2) That this ordinance shall become effective immediately
upon adoption. _
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
17.C. TO CONSIDER A PROPOSED CHARTER CHANGE TO AUTHORIZE
THE COUNTY ADMINISTRATOR TO REVIEW TAX INFORMATION
FROM THE COMMISSIONER OF REVENUE
Mr. Micas stated this date and time had been advertised for
the Board to consider a proposed Charter change to authorize
the County Administrator to review tax information from the
Commissioner of Revenue. He further stated the Department of
Taxation made some modifications to the request.
Mr. Warren called for public comment.
There being no one to speak to the request, the public
hearing was closed.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
approved adding a request to the 2010 Legislative Program to
consider a proposed charter change to permit the County
Administrator to review tax information from the Commissioner
of the Revenue.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
17.D. TO CONSIDER THE REAL ESTATE TAX EXEMPTION REQUEST OF
THE EPPINGTON FOUNDATION
Mr. Micas stated this date and time had been advertised for
the Board to consider the real estate tax exemption request
of The Eppington Foundation.
Mr. Warren called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
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09-759
12/16/09
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
adopted the following ordinance designating real property of
the The Eppington Foundation tax exempt:
^+~
U
AN ORDINANCE TO DESIGNATE REAL
PROPERTY OWNED BY EPPINGTON FOUNDATION
TO BE EXEMPT FROM PROPERTY TAXATION
WHEREAS, subsection 6(A)(6) of Article X of the
Constitution of Virginia, on and after January 1, 2003,
authorizes localities to designate as exempt from local
taxation the real or personal property, or both, owned by a
non-profit organization that uses such property for
religious, charitable, patriotic, historical, benevolent,
cultural, or public park and playground purposes; and
WHEREAS, the County has received a request from the
Eppington Foundation to consider granting it a tax exemption
for a specific piece of real property owned by it in
Chesterfield County and described as County Property Tax
Parcel ID No. 707636818200000; and
WHEREAS, in accordance with Va. Code, §58.1-3651 the
Board has conducted a public hearing and considered each of
the questions required to be considered before adopting an
ordinance granting any such exemption; and
WHEREAS, the Board has determined that the Eppington
Foundation meets the requirement for the real property tax
exemption that it has requested by reason of its being a non-
profit organization which uses the real property for which it
is requesting the exemption for historical purposes.
.NOW THEREFORE BE IT ORDAINED by the Board of Supervisors
of Chesterfield County:
1. The Eppington Foundation is hereby designated a
historical organization within the context of Section 6(A)(6)
of Article X of the Constitution of Virginia.
2. The real property located in Chesterfield County
owned by the Eppington Foundation and described as County
Property Tax Parcel ID No. 707636818200000 is used by such
organization exclusively for historical purposes on a non-
profit basis as set forth in Section 1 of this ordinance and
is hereby determined to be exempt from local taxation up to a
maximum amount of $5,000. This exemption shall be contingent
on the continued use of the property in accordance with the
purpose for which the organization is designated as exempt in
Section 1.
3. This real property tax exemption shall be effective
as of January 1, 2010.
4. This ordinance shall not be set out in the County
Code but shall be kept on file in the offices of the real
estate assessor and commissioner of revenue.
5. This ordinance shall be in effect immediately upon
its adoption.
Ayes:
Nays:
Absent:
Warren, Gecker, Jaeckle, and Durfee.
None.
Holland.
09-760
12/16/09
19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
20. ADJOURNMENT
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
adjourned at 7:05 p.m.~to January 13, 2009 at 3:00 p.m. in
the Public Meeting Room.
Ayes: Warren, Gecker, Jaeckle, and Durfee.
Nays: None.
Absent: Holland.
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ames tegma'er
County Administrator
Arthur S. Warren
Chairman
09-761
12/16/09