2010-07-28 MinutesBOARD OF SUPERVISORS
MINUTES
July 28, 2010
Sub
Mr.
Mr.
Ms.
Ms.
~ervisors in Attendance:
Daniel A. Gecker, Chairman
James M. Holland, Vice Chrmn
Dorothy A. Jaeckle
Marleen K. Durfee
Staff in Attendance:
Supervisor Absent:
Mr. Arthur S. Warren
Mr. James J. L. Stegmaier
County Administrator
Lt. Col. John Austin,
Police Department
Ms. Janice Blakley,
Clerk to the Board
Mr. Kevin Bruny,
Chief Learning Officer
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
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.,
Intergovernmental
Relations
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler,
Interim Deputy County
Admin., Community
Development
Mr. Mike Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Real Property Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Ms. Lou Lassiter, Dir.,
Internal Audit
Ms. Mary Lou Lyle, Acting
Deputy County Admin.,
Management Services
Mr. Mike Mabe, Director,
Libraries
Ms. Mary Martin-Selby,
Dir. of Human Resource
Services
Mr. John McCracken, Dir.,
Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Jeffrey Mincks,
County Attorney
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Mr. Tim Moore, Asst. Dir.,
Purchasing Department
Mr. Glen Peterson, Dir.,
Community Corrections
Ms. Karen Russell, Dir.,
Risk Management
Ms. Sarah Snead, Deputy
County Admininstrator,
Human 'Services
Ms. Debbie Stone, Sr.
Budget and Management
Analyst
Mr. Kirk Turner, Dir.,
Planning
1.
APPROVAL OF MINUTES FOR JUNE 23, 2010
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved the minutes of June 23, 2010, as submitted.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
Mr. Gecker noted that Mr. Warren is ill today and could not
attend the meeting.
2.
COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
o Mr. Stegmaier provided a brief update on water
restrictions in the county and also briefed the Board on
the upcoming Dauber Dash at Henricus Historical Park,
which supports sports tourism. in the county, and the
Jefferson Davis revitalization project.
o Ms. Cathilea Robinett, Executive Vice President for the
Center for Digital Government, congratulated Chesterfield
on receiving .the first place national award in the Center
for Digital Government's 2010 Digital Counties Survey and
presented the award to Mr. Barry Condrey, Chief
Information Officer.
Mr. Gecker expressed appreciation to the IST team for its
outstanding efforts, which led to the receipt of this
award.
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Mr. Stegmaier expressed appreciation to Mr. Condrey and
staff for improving citizen access to information and
also to the Board for its support of the changing
technology.
3. BOARD MEMBER REPORTS
Mr. Holland stated he was honored to attend the NACo
Conference and receive the national award with Mr. Condrey.
He further stated it was an outstanding conference, and he
learned a great deal about moving forward in today's economy.
He invited the public to attend the Pony Baseball Bronco-11
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League World Series games, which begin today at Harry G.
Daniel Park at Ironbridge.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
deleted Item 8.C.16., Approval of a Contract to Accept the
Donation of a Parcel of Land East of Interstate 95 Along
Swift Creek, and approved the agenda, as amended.
Ayes: Gecker,
Nays: None.
Absent: warren.
5. RESOLUTIONS
Holland, Jaeckle and Durfee.
5.A. RECOGNIZING THE BUSINESS AWARDS PROGRAM 2010 AWARD
RECIPIENTS
5.A.1. VILLAGE BANK, THE 2010 BUSINESS OF THE YEAR AWARD
WINNER
Mr. Davis introduced Mr. Tom Winfree, Mr. Harris Whitehurst,
Mr. Chris Kyriakides and Ms. Joy Kline, who were present to
receive the resolution on behalf of Village Bank.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors
and Chesterfield County Economic Development established a
Business Awards Program to recognize existing businesses
within the county that contribute to the county's economy and
its citizens; and
WHEREAS, Village Bank is located on Midlothian Turnpike
in the county and employs 207 people; and
WHEREAS, Village Bank is a full service financial
institution that includes banking, investment and mortgage
services; and
WHEREAS, 2009 was a very challenging year for businesses
throughout the country, with significant problems in the
financial market from home foreclosures to business failures,
and Village Bank is proud to have not only survived the
turmoil, but shown growth during that 12-month period; and
WHEREAS, Village
subsidiary, realized a
numbers; Village Bank
northern Virginia and
sales volume; and 35
increased volume; and
Bank Mortgage Corporation (VBMC), a
phenomenal 200a growth over prior year
added branches in western Virginia,
North Carolina due to the increased
people were added to assist with that
WHEREAS, Village Bank Mortgage Corporation has a
sterling reputation in the marketplace while closing $1
billion in loans since inception; and
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WHEREAS, Village Bank supports many community
organizations, but the one they are most proud of is the
Families of the Wounded Fund, of which Village Bank is one of
the founding members, and whose mission is to provide
financial support to family members of military service
members who have been severely wounded in combat, primarily
in Iraq and Afghanistan; and
WHEREAS, other charitable causes that Village Bank
supports are Connor's Heroes, Comfort Zone Camp, Make-A-Wish,
Rotary, Kiwanis, Habitat for Humanity, and Junior
Achievement.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of July 2010,
publicly recognizes Village Bank, expresses gratitude on
behalf of the county for its many contributions to the
county, and congratulates Village Bank for being the 2010
Business of the Year Award winner.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Village Bank and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
Mr. Gecker presented the executed resolution to the Village
Bank representatives and stated, despite the challenging
economic times, the leadership of the bank has not let up on
its civic engagements. He expressed appreciation for Village
Bank's commitment to Chesterfield County.
Mr. Winfree expressed appreciation to the Board for the
recognition and stated Village Bank is honored to receive the
Business of the Year Award from one of the best counties in
the United States.
5.A.2. ALLIANCE ENGINEERING INCORPORATED, THE 2010
INNOVATION IMPACT AWARD WINNER
Mr. Davis introduced Mr. Kevin Kokal and Mr. Ryan Burnette,
who were present to receive the resolution on behalf of
Alliance Engineering Incorporated.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors
and Chesterfield County Economic Development established a
Business Awards Program to recognize existing businesses
within the county that contribute to the county's economy and
its citizens; and
WHEREAS, Alliance Engineering, Incorporated is located
on Arboretum Parkway in the county and employs 63 people; and
WHEREAS, in 2009, the company celebrated its 20th year of
being in business; and
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WHEREAS, Alliance Engineering is a full-service design
and construction management firm focused on serving industry,
and typical engineering services include structural,
mechanical, electrical and chemical engineering; and
WHEREAS, Alliance Engineering began a strategic
initiative into the life sciences, making a divergent path
from its traditional industrial base; and
WHEREAS, this initiative became Alliance Biosciences, a
division that utilizes comprehensive engineering disciplines
while adding a group of internationally recognized scientists
and former health agency leaders, creating the ability for
Alliance Engineering to provide a vehicle for the design,
construction, evaluation and training of personnel in the
infectious diseases research arena; and
WHEREAS, 59 percent of the company's Richmond office
employees currently live in Chesterfield County and during
the most recent economic times and challenges, Alliance has
maintained its staff levels; and
WHEREAS, Alliance Engineering was engaged in a community
service project as part of its 20th anniversary celebration,
with staff volunteering their time to assist Parks and
Recreation staff in constructing a new boardwalk at the
Radcliffe Conservation Area.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of July 2010,
publicly recognizes Alliance Engineering, Incorporated,
expresses gratitude on behalf of the county for its many
contributions to the county, and congratulates Alliance
Engineering for being the 2010 Innovation Impact Award
winner.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Alliance Engineering, Incorporated
and that this resolution be permanently recorded among the
papers of this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
Mr. Gecker presented the executed resolution to Mr. Kokal and
Mr. Burnette and expressed appreciation for Alliance
Engineering's efforts to maintain the workforce in
Chesterfield and the example the business has set for public
service leadership in the county.
Mr. Kokal expressed appreciation to the Board for the
recognition and also to the county for its support of
Alliance Engineering.
5.A.3. SOUTHERN RV, THE 2010 ENVIRONMENTAL STEWARDSHIP AWARD
WINNER
Mr. Davis introduced Mr. John Patterson and Mrs. Tracey
Patterson, owners of Southern RV, who were present to receive
the resolution.
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On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors,
Chesterfield County Economic Development and the Anti-Litter
Program established a Business Awards Program to recognize
existing businesses within the county that contribute to the
county's goal of being protectors of the environment; and
WHEREAS, Southern RV is located at 7001 Jefferson Davis
Highway in Chesterfield and employs approximately 16
employees; and `
WHEREAS, since February 2003, Southern RV has the
largest recreational vehicle showroom in central Virginia, is
committed to servicing its customers, and extends a helping
hand in educating them in the importance of using earth-
friendly products while camping and enjoying their RV
experience; and
WHEREAS, the company offers annual environmental
educational outreach maintenance clinics, which stress the
importance of keeping the environment clean and green; and
WHEREAS, five clinics were offered in October with
attendance of 200 and two clinics were offered in April with
attendance of 75, and all products used within Southern RV
and promoted at the clinics are non-toxic; and
WHEREAS, Southern RV recycles white paper and ink
cartridges within the organization, and all employees pick up
litter and debris around their establishment; and
WHEREAS, Southern RV's Parts/Service Department recycles
oil and batteries and contains the items in a safe place
until an environmental contractor retrieves them from their
site.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of July 2010,
hereby expresses its gratitude on behalf of the county to
Southern RV for its many contributions by recognizing the
business as the 2010 Environmental Stewardship Award Winner.
AND, BE IT FURTHER RESOLVED that a copy of .this
resolution be presented to Southern RV and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
Ms. Jaeckle presented the executed resolution to Mr. and Mrs.
Patterson and expressed appreciation to Southern RV for
setting the example for other businesses in the area of
environmental stewardship.
Mr. Patterson expressed appreciation to the Board for the
recognition and ,stated Southern RV is honored to receive this
award.
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Mrs. Patterson encouraged other county businesses to practice
environmental stewardship.
Mr. Holland stated he failed to mention earlier that
Congressman Randy Forbes will host a job fair at Lloyd C.
Bird High School on August 11th from 9 a.m. until 2 p.m.
5.B. RECOGNIZING MEMBERS OF THE CITIZEN'S BUDGET ADVISORY
COMMITTEE FOR THEIR SERVICE TO CHESTERFIELD COUNTY
Mr; Stegmaier introduced Mr. Gary Armstrong, Dr. Sher 1
Y
Bailey and Mr. Richard Jacobs, who were present to receive
the resolutions. He provided details of the activities of
the committee and its recommendations.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors appointed seven county
residents, Mr. Gary Armstrong, Dr. Sheryl Bailey, Mr. Robert
Bryant, Mr. Brett Sheffield, Mr. Richard Jacobs, Mr. Anthony
Russo, and Dr. James Shultz, who have experience in business,
budgeting, finance, audit, and/or economics to the Citizen's
Budget Advisory Committee for the purpose of reviewing the
county's financial policies and budget process, analyzing
resource allocations towards county goals and alignment with
the strategic plan, and providing advice on options for
dealing with variances in projected revenues and
expenditures; and
WHEREAS, the members began their work in the fall of
2008; and
WHEREAS, the Citizen's Budget Advisory Committee spent
tireless hours learning Chesterfield County's budget process,
operations, and financial policies; and
WHEREAS, the Citizen's Budget Advisory Committee
increased transparency in Chesterfield County's government;
and
WHEREAS, the Citizen's Budget Advisory Committee
examined the Capital Improvement Program in depth and made
helpful suggestions to county administration; and
WHEREAS, the Citizen's Budget Advisory Committee met
with departmental directors and other staff to better learn
county programs and offer ideas about possible efficiencies;
and
WHEREAS, the Citizen's Budget Advisory Committee made
recommendations to the Board of Supervisors on the real
estate tax rate and other revenue possibilities; and
WHEREAS, the Citizen's Budget Advisory Committee members
attended and participated in community meetings to learn the
needs and interests of county residents; and
WHEREAS, the County Administrator incorporated input
from the Citizen's Budget Advisory Committee into the Capital
Improvement Program and operating budget; and
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WHEREAS, such feedback resulted in minimized service
level impacts and reductions in costs.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of July 2010,
publicly recognizes and commends the members of the Citizen's
Budget Advisory Committee for their service to Chesterfield
County.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to the Citizen's Budget Advisory
Committee and that this resolution~be permanently recorded
among the papers of this Board of Supervisors of Chesterfield
County, Virginia.
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
Mr. Decker presented executed resolutions to Mr. Armstrong,
Dr. Bailey and Mr. Jacobs, and expressed appreciation to all
of the committee members for their time and efforts in trying
to make county government more efficient.
Mr. Armstrong expressed appreciation to the Board for the
recognition and also to Budget and Management staff and
county department directors for their support.
Mr. Holland expressed appreciation to the committee members
for their assistance during a tough economic environment.
5.C. RECOGNIZING MRS. MARY LOU LYLE, DIRECTOR OF ACCOUNTING,
UPON HER RETIREMENT
Mr. Stegmaier introduced Mrs. Mary Lou Lyle, who was present
to receive the resolution.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Mrs. Mary Lou Lyle began her career of public
service with Chesterfield County as an internal auditor in
1979, serving one year before becoming the director of
internal audit for the next six years; and
WHEREAS, during her first year as director of internal
audit, Mrs. Lyle was responsible for producing the
Comprehensive Annual Financial Report for Chesterfield County
that met stringent program requirements and received the
first Certificate of Achievement in Financial Reporting from
the Government Finance Officers' Association, and the county
has continued to comply with changing accounting requirements
to receive this distinguished award for 29 consecutive years;
and
WHEREAS, Mrs. Lyle transitioned the Department of
Internal Audit's services. to become more focused on
identifying internal control weaknesses in county department
operations, providing guidance to departments to assist them
in addressing these weaknesses to help prevent fraud,
including being commended for internal audit services
provided to the School Board; and
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WHEREAS, Mrs. Lyle became the director of accounting in
1986 and served in that capacity for almost 24 years,
dedicating herself to ensuring the fiscal integrity of the
financial records of the county, bringing a high level of
professionalism to the department and contributing to the
county receiving and maintaining a triple-AAA credit rating;
and
WHEREAS, as director of accounting Mrs. Lyle was
responsible for establishing policies and procedures with
strong internal controls, ensuring county compliance with
generally accepted accounting principles, Governmental
Accounting Standards Board and Financial Accounting Standards
Board pronouncements, and state and federal requirements; and
WHEREAS, under Mrs. Lyle's confident leadership and
exceptional abilities, Chesterfield County agreed to serve as
fiscal agent for a number of regional organizations and
grants, which include the construction and early operations
of the Riverside Regional Jail, the construction and ongoing
operations of the Greater Richmond Convention Center
Authority, the Chesterfield County Economic Development
Authority, and the Watkins Center Community Development
Authority; and
WHEREAS, Mrs. Lyle was instrumental in the successful
implementation of numerous automation projects, ranging from
stand-alone systems to an integrated ERP system which
replaced multiple stand-alone financial systems; and
WHEREAS, Mrs. Lyle actively participated on numerous
boards and committees during her tenure with the county,
including having served on the Chesterfield University Board
of Advisors for the School of Applied Business Technology, as
a trustee for the Chesterfield Supplemental Retirement Plan,
as a member and vice president of the Instructive Visiting
Nurses Association Health Services Board, as a member of the
Information Technology Steering Committee, as a member of the
In Focus Steering Committee, as a member of the Management
Services Quality Council, as a member of the Quality Model
Process Management Team, and on many other teams charged with
the review or implementation of employee benefits; and
WHEREAS, Mrs. Lyle served as a reviewer for the
Government Finance Officers Association's Certificate of
Achievement for Excellence in Financial Reporting for 23
years, the longest term of service for any reviewer from the
Commonwealth of Virginia; and
WHEREAS, Mrs. Lyle was one of the first champions of the
county's Total Quality Improvement effort, integrating the
quality principles into her leadership philosophy as she
changed the culture of the Accounting Department to seek
employee involvement and ideas to develop and improve
business processes, to provide outstanding customer service,
and to focus on business process results and data; and
WHEREAS, under Mrs. Lyle's leadership, the Accounting
Department identified and implemented changes to business
processes that saved more than 14,000 hours, which is
equivalent to the annual savings of seven full-time staff
positions; and
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WHEREAS, Mrs. Lyle set a high standard of ethical
behavior and leadership with a strong commitment to customer
service, and was responsible for implementing an annual
customer satisfaction survey where scores averaged 8.72 out
of 10 from 1997 through 2010; and
WHEREAS, Mrs. Lyle accepted the position of interim
deputy county administrator of management services and has
served in that in capacity from July 2009 through July 2010;
and
WHEREAS, not only is Mrs. Lyle's dedication, tenacity
and commitment to quality known to her colleagues who have
enjoyed working with her during the past 31 years, her sense
of humor and genuine laughter is known and appreciated by
them as well; and
WHEREAS, Mrs. Lyle will be sorely missed for her
professional contributions, her dedicated service, her
strategic thinking, and her commitment to providing the
highest possible level of service to those served by the
deputy county administrator of management services and the
Accounting Department.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of July 2010,
publicly recognizes Mrs. Mary Lou Lyle for her 31 years of
distinguished service to Chesterfield County and extends
sincere best wishes for a long, healthy and happy retirement.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
Mr. Gecker presented the executed resolution to Mrs. Lyle,
accompanied by her husband, and commended her on her
outstanding leadership which has resulted in the county's
exceptional financial management for many years.
Mrs. Lyle expressed appreciation to the Board for the
recognition and stated it has been an honor and a privilege
to serve the citizens of Chesterfield County and work
alongside the dedicated professionals who are responsible for
making the county great. She further stated the Accounting
Department employees will continue to raise the bar and
perform at a high level of excellence.
Mr. Stegmaier presented Mrs. Lyle with an acrylic statue and
county watch and expressed appreciation for her outstanding
service to the county.
6. WORK SESSIONS
6.A. COUNTY STREETLIGHT POLICY
Mr. Dupler stated numerous meetings and discussions led to
the formulating of the proposed streetlight policy. He
reviewed responses to technical questions raised at the
developers' quarterly meeting, which included easements no
longer being required to be shown on plats for streetlights,
and streetlights in the process would be grandfathered under
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the old policy. He reviewed issues with the current
streetlight policy, including not addressing efficiency in
energy conservation and light pollution; no major revision
since August 1988; and the necessity to control increased
costs of streetlights. He provided photos demonstrating that
directing illumination towards the ground is much more
efficient use of energy and county resources. He provided
depictions of several of Virginia Power's streetlight styles,
indicating that some are much more energy efficient than
others. He stated the `most green' lights are also the least
expensive to operate and maintain. He noted that, while the
current policy provided guidance to the Board in terms of
streetlight approvals, he has only seen one streetlight
request that met all aspects of the policy in his tenure as
Interim Deputy County Administrator, suggesting that it is
time to review the policy. He provided details of
benchmarking with other communities regarding streetlight
installations, indicating that Henrico does not support
streetlight expenditures in any fashion. He stated Fairfax
and Prince William have less stringent policies, but Fairfax
does not have a budget for installing new streetlights and
has not done so in a number of years, and Prince William uses
a vehicle count like Chesterfield and does not currently
install many streetlights. He further stated the county
currently spends approximately $650,000 annually operating
and maintaining .streetlights and projects that cost to
increase to approximately $1.7 million by 2020 if we continue
at the current pace. He provided details of the inventory of
currently operating streetlights; typical monthly costs of
the streetlights by style; and a comparison of inventory to
cost. He reviewed funding sources for streetlights in new
and existing developments, as well as for operations and
maintenance. He stated since 1988, 60 percent of new
developments were not required to install streetlights under
the current policy, noting that 40 percent of the District
Improvement funded streetlights have been spent in relatively
new developments during that same time period. He further
stated 42 percent of the installations funded through
District Improvements Funds met all of the guidelines of the
policy, but 58 percent did not. He provided details of a
$4.5 million projected savings in operating and maintenance
costs through 2020 if the Board adopts the proposed revisions
to the policy. He reviewed a comparison of existing and
proposed developer paid streetlights and stated the proposed
policy would require that streetlights be installed at the
subdivision or subdivision section entrances where an
intersection is formed; restrict lighting styles to the
Enclosed or Colonial types because they are more energy
efficient and less costly; provide for non-required
streetlights to be installed at developer expense and
operated and maintained at the expense of the homeowners
association; and require the developer to share in the
operation and maintenance cost of required streetlights for
the first five years. He then reviewed details of the
proposed changes to the policy related to requests of the
Board of Supervisors for streetlights, including requiring
streetlights to be located at an intersection; eliminating
the requirement of vehicles per day; recommending a
qualifying petition; restricting lighting styles to the
Enclosed or Colonial types; incorporating only private
streetlights at residential intersections in existing
subdivisions into the county program; and providing for staff
approval of streetlight requests that cost $300 or less. He
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stated the Board would still have the flexibility to install
streetlights in locations that do not qualify through their
approved rules if they believe the circumstances warrant
installation outside of the guidelines. He provided details
of additional lighting options for subdivisions and stated
staff is ready to implement the new policy at the Board's
direction.
Ms. Jaeckle stated the Police Department always suggests
streetlights to make neighborhoods safer and expressed
concerns relative to changing the policy to require that
streetlights must be at intersections. She stated many times
streetlights are more costly at certain locations, and she
would not want to restrict them to intersections if it might
not be in the best interest of the neighborhood or what is
best financially.
Mr. Dupler stated many of the low-cost installations are
based on the existence of a Dominion Power pole for the light
installation.
Ms. Durfee stated the policy should have been revised many
years ago. She expressed concerns relative to the'
recommended language regarding streetlight styles, and
inquired whether the guidelines are intended for locations
within subdivisions only, or throughout the entire county.
Mr. Dupler stated the intent of the policy is to provide
guidance on the types of lights to be installed throughout
the county; however, if the Board sees fit to grant
exceptions, they may do so.
Ms. Durfee referenced smart growth in villages and new
urbanism style projects, noting that this would limit the,
ability to provide for a certain type of lighting that may be
more efficient, so she would not be comfortable with the
language, `at all locations.' She expressed concerns with
being restricted with lights on the new causeway when she is
trying to be visionary in terms of lighting. She noted that
there are different types of lighting across the state that
are as aesthetically appealing as lights for green
efficiency. She expressed concerns that streetlights with a
cost in excess of $2,700 would be presented to the Board at
the request of a Board member, indicating that because of the
size of the Matoaca District and the number of subdivisions
and amount of new construction in the district, she receives
more streetlight requests than other districts, which quickly
depletes her District Improvement Funds. She stressed that
the policy needs to be looked at in accordance with District
Improvement Funds for equality purposes. She also mentioned
that. allowing staff approval of requests that cost $300 or
less could result in a cumulative amount of her District
Improvement Funds being spent.
Mr. Dupler stated staff would continue to contact individual
Board members for streetlight requests that cost more than
$2,700 prior to placing them on the Board's agenda, which is
not a change in the current policy.
Ms. Durfee expressed further concerns relative to the
requirement to submit a petition signed by 75 percent of the
residents living within 200 feet of the proposed streetlight,
indicating that this could be difficult for the requestor.
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Mr. Dupler stated this is currently an option in the policy,
and the vast majority of the requests he has presented to the
Board have been accompanied with a qualifying petition. He
further stated streetlights affect everyone who lives around
them, and staff wants to make sure a majority of the
residents support the installation.
Ms. Durfee inquired about the possibility of reviewing the
location of current streetlights, contacting homeowners
associations and partnering with them or recommending options
regarding the operating costs of existing lighting.
Mr. Dupler stated staff could explore that possibility if it
is the will of the Board.
Ms. Durfee stated she still has a lot of questions and is not
yet ready to move forward with the proposed changes to the
streetlight policy.
Mr. Gecker stated he appreciates the work session and
information, but he does not intend to make a decision on the
streetlight policy at this time, especially with Mr. Warren
being absent.
Mr. Holland stated cost containment should be a critical goal
of the policy and urged staff to look at all costs associated
with the program, especially the administrative fee, and make
sure that is reasonable since it has not changed since 1988.
He further stated since safety is a concern that he faces in
the Dale District, it is important to have input from the
Police Department and other groups and associations involved
with safety in our neighborhoods.
Mr. Gecker stated the policy could be brought back as a
deferred item, if that is the Board's desire. He further
stated he thinks there should be more public engagement
regarding the proposed policy. He noted that most of the
streetlight requests he has approved as a Board member have
been for safety, rather than traffic, issues. He requested
data on why and where streetlights are being placed before
the Board moves forward and stated he would prefer that the
Board defer this issue until September.
In response to Ms. Durfee's question, Mr. McElfish stated the
proposed fee from developers to cover the operating cost of
streetlights over a five-year period would be placed in a
streetlight account, and the $50 fee should be more than
enough to cover the administrative costs.
Ms. Durfee stated she concurs with Mr. Gecker regarding
public input and suggested that the proposed policy be a
topic of discussion with developers at Community Development
meetings.
Mr. Gecker stated he concurs with Mr. Holland and appreciates
all efforts of staff being made to look at cost containment
going forward. He expressed appreciation to staff for its
work on the proposed policy.
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Ms. Durfee made a motion, seconded by Mr. Holland, for the
Board to defer consideration of the proposed streetlight
policy until September 22, 2010.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
suspended its rules to allow for simultaneous nomination/
appointment/reappointment to various boards and commissions.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.A.1. YOUTH SERVICES CITIZEN BOARD
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On motion of Mr. Holland, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed/reappointed the following
adult representatives to serve on the Youth Services Citizen
Board, whose terms are effective July 1, 2010:
Member District Term Exp iration
Brenda Hornsby Midlothian June 30, 2013
Leah Hamaker Dale June 30, 2012
Luther Collins Clover Hill June 30, 2013
John Robertson Clover Hill June 30, 2013
Thomas Robinson Matoaca June 30, 2013
Shannon Rice Matoaca June 30, 2013
And, further, the Board simultaneously nominated/appointed/
reappointed the following students to serve on the Youth
Services Citizen Board, whose terms are effective July 1,
2010 and expire June 30, 2011:
Member District
Rebecca Collins Midlothian
Patrick Bailey Midlothian
Gabriella Urcia Midlothian
Alexa Hansinger Midlothian
William Hayes, Jr. Dale
Sam Hull Dale
Tyler Moss Dale
Imani Williams Dale
Christopher Towns Bermuda
Christian Turley Bermuda
Gabrielle Badura Clover Hill
Lauren Reichert Clover Hill
Sydney Lenhart Clover Hill
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Mollie Luck
Sidney Gafford
David Hamaker
Daniel Timberlake
Tori Tschantz
Allison Rose
Syndai Haun
Clover Hill
Matoaca
Matoaca
Matoaca
Matoaca
Matoaca
Matoaca
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.A.2. AGRICULTURAL AND FORESTRY COMMITTEE
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed Ms. Claire Durham to serve
as a member of the Agricultural and Forestry Committee,
representing the Midlothian District, whose term is effective
immediately and expires December 31, 2010.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.A.3. CHESTERFIELD-COLONIAL HEIGHTS POLICY AND MANAGEMENT
TEAM FOR COMPREHENSIVE SERVICES
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed Ms. Sarah Snead to serve
on the Chesterfield-Colonial Heights Policy and Management
Team for Comprehensive Services, whose term is effective
immediately and will be at the pleasure of the Board.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.A.4. SENIOR CONNECTIONS BOARD
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed Ms. Sarah Snead to serve
on the Senior Connections Board, whose term is effective
immediately and expires June 30, 2013.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.A.5. COMMUNITY CRIMINAL JUSTICE BOARD
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed Ms. Sarah Snead to serve
as the county's representative on the Community Criminal
Justice Board, whose term is effective July 1, 2010 and
expires June 30, 2011.
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: warren.
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8.A.6.
ECONOMIC DEVELOPMENT AUTHORITY
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
simultaneously nominated/reappointed Mr. John Ruckart to
serve on the Economic Development Authority for the County of
Chesterfield, whose term is effective immediately and expires
June 30, 2014.
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.A.7. WATKINS CENTRE COMMUNITY DEVELOPMENT AUTHORITY
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
simultaneously nominated/reappointed Mr. Hugh D. Keogh, Mr.
Douglas L. Sbertoli, Dr. Marshall W. Smith, Ms. Tracy Kemp
Stallings and Mr. Robert L. Turner to serve on the Watkins
Centre Community Development Authority, whose terms are
effective August 23, 2010 and expire August 22, 2014.
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.A.8. CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY
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On motion of Mr. Holland, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed Mr. Robert C. Key and Mr.
Jeffery T. Howard (alternate) to serve on the Central
Virginia waste Management Authority, whose terms are
effective immediately, with Mr. Key's term expiring December
31, 2012 and Mr. Howard's term expiring December 31, 2013.
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.A.9.
RICHMOND REGIONAL PLANNING DISTRICT COMMISSION
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed Mr. M.D. "Pete" Stith, Jr.
to serve as the county's citizen representative on the
Richmond Regional Planning District Commission, whose term is
effective immediately and expires December 31, 2011. (It is
noted Mr. Stith will fill the unexpired term of Mr. George
Roarty, who resigned as the county's citizen representative.)
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.B. STREETLIGHT INSTALLATION COST APPROVALS
In response to Mr. Decker's question, Mr. Rich Leonard stated
the difference in cost between the two streetlight requests
is that the Dale District streetlight would be located on a
pole with a transformer, and the one in the Matoaca District
would require the placement of a transformer.
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Ms. Jaeckle stated this was her concern with requiring that
all streetlights be located at intersections.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the following streetlight installation:
Dale District
• In the Trampling Farms subdivision
Vicinity of 5571 Spoke Court, on the existing pole
Cost to install streetlight: $256.28
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
Ms. Durfee stated she would like to defer the streetlight
request from the Matoaca District for 30 days, indicating
that she has not had a chance to visit the area and review
the amount of housing in the vicinity of the request. She
further stated this is the point she is making about
astronomical costs associated with streetlight requests in
the Matoaca District and the absorption of her District
Improvement Funds. She stated she does not want to be put in
a position where she feels like she has to decline
streetlight requests.
Ms. Durfee then made a motion, seconded by Mr. Holland, for
the Board to defer the streetlight request in the vicinity of
20400 Little Road (Matoaca District) to August 25, 2010.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: warren.
8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.l.a. RECOGNIZING AUGUST 3, 2010, AS "NATIONAL NIGHT OUT"
IN CHESTERFIELD COUNTY
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, each year in August, communities across the
nation band together to demonstrate their unity in the fight
against crime; and
WHEREAS, this show of solidarity by law-abiding citizens
has been named "National Night Out"; and
WHEREAS, the National Night Out event taking place on
August 3, 2010 will be the 27th annual event of this type;
and
WHEREAS, last year's National Night Out campaign
involved citizens, law enforcement agencies, civic groups,
businesses, neighborhood organizations and local officials
from 10,000 communities in 50 states, U.S. territories,
Canadian cities and military bases worldwide; and
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WHEREAS, National Night Out is designed to heighten
crime- and drug-prevention awareness; and
WHEREAS, this event also generates support for, and
participation in, local anti-crime programs; and
WHEREAS, National Night Out strengthens neighborhood
spirit and the relationships between police and the
communities; and
WHEREAS, these events send a message to criminals that
the communities are organized and fighting back against
crime; and
WHEREAS, Chesterfield County has as one of its strategic
goals: "To be the safest and most secure community of its
size"; and
WHEREAS, National Night Out is an important component in
the effort to achieve that goal.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby recognizes August 3, 2010,
as "National Night Out" in Chesterfield County, Virginia;
thanks police, neighborhood watch groups and all others who
have joined to prevent crime; and urges all residents and
businesses in Chesterfield County to turn on their porch
lights and other exterior lights and to gather with friends
and neighbors on August 3, 2010 to demonstrate their unity in
the fight against crime.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.l.b. RECOGNIZING CORPORAL DAVID L. SUDA, POLICE
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Corporal David L. Suda will retire from the
Chesterfield County Police Department on August 1, 2010,
after providing over 32 years of quality service to the
citizens of Chesterfield County; and
WHEREAS, Corporal Suda has faithfully served the county
in the capacity of Police Aide, Patrol Officer, Senior,
Master, Career and Corporal; and
WHEREAS, during his tenure with the Chesterfield County
Police Department, Corporal Suda served diligently in the
Uniform Operations Bureau as Evidence Technician, Field
Training Officer, General Instructor, Peer Counselor, Bike
Instructor and as the training coordinator of the Police
Special Response Unit; and
WHEREAS, Corporal Suda was selected as the Police
Department Employee of the Year for 2002; and
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WHEREAS, Corporal Suda made significant contributions to
the Critical Incident Stress Management Advisory Board, the
Police Awards Committee and was one of the founders of the
Military Families Support Group; and
WHEREAS, Corporal Suda was repeatedly commended by his
superiors within the Chesterfield Police Department for his
outstanding performance of duty, which led to the clearance
of numerous cases, recovery of stolen property, and
apprehension of criminals; and
WHEREAS, Corporal Suda received the National Service
Award for his two-week deployment to Mississippi to assist
fellow law enforcement officers and the citizens of
Mississippi while under extreme conditions following the
devastation of Hurricane Katrina; and
WHEREAS, Corporal Suda received the Meritorious Service
Award for his dedicated work while serving as a member of the
Police Department Memorial Committee, which worked diligently
to design, fund and contract for the construction of a
permanent memorial to honor Chesterfield County Police
Department officers killed in the line of duty; and
WHEREAS, Corporal Suda
Department peers for the
Association Valor Award; and
was nominated by his Police
Richmond Retail Merchants
WHEREAS, Corporal Suda is recognized for his excellent
communications and human relations skills, which he has
utilized within the Police Department and in assisting
citizens of Chesterfield County; and
WHEREAS, Corporal Suda has received numerous 1
etters of
commendation, thanks and appreciation from the citizens of
Chesterfield County for service rendered; and
WHEREAS, Corporal Suda has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Corporal Suda's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Corporal David L.
Suda, and extends on behalf of its members and the citizens
of Chesterfield County, appreciation for his service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.l.c. RECOGNIZING CORPORAL ROBERT E. ESTES, POLICE
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
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WHEREAS, Corporal Robert E. Estes .will retire from the
Chesterfield County Police Department on August 1, 2010,
after providing 31 years of quality service to the citizens
of Chesterfield County; and
WHEREAS, Corporal Estes has faithfully served the county
in the capacity of Volunteer Firefighter, Dispatcher, Deputy
Sheriff, Patrol Officer, Senior, Master, Career and Corporal;
and
WHEREAS, during his tenure with the Chesterfield County
Police Department, Corporal Estes served as a Community
Action Policing (CAP) Officer ID Technician and Field
Training Officer; and
WHEREAS, Corporal Estes was commended by his superiors
within the Chesterfield Police Department for his outstanding
performance of duty, which led to the clearance of numerous
cases, recovery of stolen property, and apprehension of
criminals; and
WHEREAS, Corporal Estes is recognized for his excellent
communications and human relations skills which he has
utilized within the Police Department and in assisting
citizens of Chesterfield County; and
WHEREAS, Corporal Estes has received numerous letters of
commendation, thanks and appreciation from the citizens of
Chesterfield County for service rendered; and
WHEREAS, Corporal Estes has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Corporal Estes' diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Corporal Robert E.
Estes, and extends on behalf of its members and the citizens
of Chesterfield County, appreciation for his service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.l.d.
UPON HER RETIREMENT
COLONIAL HEIGHTS DEPARTMENT OF SOCIAL SERVICES,
RECOGNIZING MS. KATHERINE HOLDEN, CHESTERFIELD-
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Ms. Katherine Holden was hired as an
Eligibility Worker by the Chesterfield-Colonial Heights
Department of Social Services on March 14, 1994; and
WHEREAS, Ms. Holden was promoted to Senior Eligibility
Worker on March 24, 1997; and
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WHEREAS, Ms. Holden has been a member of the benefit
team during a period of unprecedented growth in applications
and caseloads and contributed to the consistently exceptional
performance of the division; and
WHEREAS, Ms. Holden supported or participated on various
departmental teams such as the Intake Team and the Senior
Eligibility Worker Team and was committed to continuous
improvement as demonstrated by her service on the agency
Quality Council and various goal groups including teams that
developed the Speakers Bureau and the department flex-time
policy; and
WHEREAS, Ms. Holden served on process improvement teams
within the Benefit Programs Division including teams that
developed guidelines for case record organization,
improvements for the intake process and made recommendations
to improve the delivery of benefit programs; and
WHEREAS, Ms. Holden served as a member of a community
liaison group established to enhance the partnership between
the department and the community; and
WHEREAS, Ms. Holden participated in the "Viewing New
Horizons Resource Fair" in 1999 and in "Life in the State of
Poverty" in 2002 to enhance the community's knowledge of
services; and
WHEREAS, Ms. Holden assisted in the Virginia Initiative
for Employment Not Welfare Job Club in conducting mock
interviews for customers to help them better prepare for job
interviews; and
WHEREAS, Ms. Holden provides exceptional customer
service to her customers, often going the extra mile to
assist customers with accessing community resources; and
WHEREAS, Ms. Holden is known for her service to her
customers as evidenced by many notes, cards and comments from
her customers to her supervisor; and
WHEREAS, Ms. Holden has performed her job duties with
professionalism and dedication over the years.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Ms. Katherine Holden, expresses the
appreciation of all residents for her service to the County
of Chesterfield and the City of Colonial Heights and extends
congratulations upon her retirement, as well as best wishes
for a long and happy retirement.
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.l.e. RECOGNIZING THE CHARITABLE ACTIVITIES OF VIRGINIA
ALLEY 3 AS THEY CELEBRATE "INTERNATIONAL CLOWN
WEEK"
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
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WHEREAS, the tradition of the clown can be traced from
ancient Egypt to the Greco-Roman world, to the royal jesters
of Europe, and finally Emmet Kelly and Lou Jacobs of America;
and
WHEREAS, the clown gladdens- the heart, lightens the
spirit, and brings smiles to the faces of `children and adults
alike, and for a few precious moments reminds us of the
healing power of humor in our daily lives; and
WHEREAS, clowns can be seen performing at such places as
charitable organizations, community celebrations, and public
institutions for no other reason than to help boost the
morale of those around them; and
WHEREAS, Virginia Alley 3 is a volunteer organization
that performs at health-related fundraising events,
hospitals, convalescent homes, and parades throughout the
Commonwealth of Virginia; and
WHEREAS, Virginia Alley 3 and Clowns- of America
International have joined together to commemorate
"International Clown Week," originally proclaimed by
President Richard Nixon in 1971; and
WHEREAS, the men and women who dedicate their lives to
this tradition should be recognized for .the outstanding and
meaningful contributions they make in our great state of
Virginia; and
WHEREAS, in recognition of the efforts. of all clowns to
spread their joy and bring laughter, "International Clown
Week" has been proclaimed for the week of August 2-8, 2010.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the special role that
clowns play in bringing smiles, hope and joy to millions of
people all across the globe, including here in Virginia;
calls attention to the charitable activities of Virginia
Alley 3 and the wholesome entertainment they provide citizens
throughout the Commonwealth of Virginia, and thanks them for
the important role they play in our lives.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.l.f.
CHRISTIAN ASSOCIATION OF GREATER RICHMOND
ASHLAND FOR THE BENEFIT OF THE YOUNG MEN'S
ECONOMIC DEVELOPMENT AUTHORITY OF THE TOWN OF
APPROVING THE ISSUANCE OF REVENUE BONDS BY THE
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On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the Economic Development Authority of the Town
of Ashland, Virginia (the "Authority"), has considered the
application of Young Men's Christian Association of Greater
Richmond (the "Borrower") located at 2 West Franklin Street,
Richmond, Virginia 23220, requesting the issuance of the
Authority's revenue bonds in an amount not to exceed
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$26,000,000 (the "Bonds") to assist the Borrower in its plan
of finance (the "Plan of Finance"), which includes (1) the
financing of certain capital improvements at the Borrower's
facilities in the City of Petersburg, the County of
Chesterfield and the Town of Ashland, all of which are owned
and operated by the Borrower, (2) the refunding in whole or
in part of the outstanding principal amount of the
Authority's Health and Community Services Facilities Revenue
Bonds (YMCA at Greater Richmond Project), Series 2000A, which
were originally issued in part to finance various capital
improvements to the Borrower's various facilities, including
its facilities located within the County of Chesterfield,
Virginia (the "County"); and (3) the financing of amounts
required for reserves, working capital, capitalized interest,
costs of issuance and other financing expenses related to the
Plan of Finance, and has approved this issuance of the Bonds
after conducting a public hearing on July 22, 2010;
WHEREAS, Section 147 (f) of the Internal Revenue Code of
1986, as amended (the "Code"), provides that the governmental
unit having jurisdiction over the area in which any facility
financed with the proceeds of private activity bonds is
located must approve the issuance of the bonds;
WHEREAS, in accordance with Section 147 (f) of the Code,
the public hearing held by the Authority was within 100 miles
of the County;
WHEREAS, for purposes of Section 15.2-4906 of the Code
of Virginia of 1950, as amended (the "Virginia Code"), the
Authority is issuing the Bonds on behalf of the County;
WHEREAS, the Authority has recommended the issuance of
the Bonds; and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to the terms to be agreed
upon, a certificate of the public hearing and a Fiscal Impact
Statement have been filed with the Board of Supervisors of
the County (the "Board").
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
The Board approves the issuance of the Bonds by the
Authority for the benefit of the Borrower, as required by
Section 147 (f) of the Code and Section 15.2-4906 of the Code
of Virginia of 1950, as amended ("Virginia Code") to permit
the Authority to assist in the Plan of Finance.
The Board concurs with the resolution adopted by the
Authority and approves the issuance of the Bonds by the
Authority for the benefit of the Borrower as required by
Section 15.2-4905 of the Virginia Code.
The approval of the issuance of the Bonds does not
constitute an endorsement to a prospective purchaser of the
Bonds of the creditworthiness of the Plan of Finance or the
Borrower.
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07/28/10
This resolution shall take effect immediately upon its
adoption.
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.l.g. SUPPORTING VCU MASSEY CANCER CENTER IN ITS MISSION
TO DEFEAT CANCER
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, VCU Massey Cancer Center is one of the premier
cancer research and treatment facilities in the United
States; and
WHEREAS, VCU Massey Cancer Center ranks in the top 4% of
cancer centers nationwide in leading and shaping the nation's
effort to defeat cancer; and
WHEREAS, an estimated 35,000 Virginia residents will be
diagnosed with cancer this year; and
WHEREAS, the VCU Massey Cancer Center is an important
local resource for Chesterfield citizens fighting cancer; and
WHEREAS, the Virginia General Assembly appropriated
$1,000,000 for the VCU Massey Cancer Center in the current
fiscal year; and
WHEREAS, continued funding is crucial to cancer
research.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors supports the VCU Massey Cancer
Center in its mission to defeat cancer.
AND, BE IT FURTHER RESOLVED that the Chesterfield County
Board of Supervisors supports the Virginia General Assembly's
on-going financial support of the VCU Massey Cancer Center.
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.2. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FROM
THE CHESTERFIELD COUNTY CHAMBER OF COMMERCE FOR THE
CELEBRATION OF THE VINE WINE FESTIVAL
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved a request for a music/entertainment festival permit
from the Chesterfield County Chamber of Commerce for the
Celebration of the Vine Wine Festival to be held on April 16,
2011, subject to the conditions filed with the papers of this
Board.
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
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8.C.3. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
BERMUDA DISTRICT IMPROVEMENT FUND TO THE POLICE
DEPARTMENT FOR TRAFFIC CONTROL DURING THF:c~uuem~n
x1wANIS CLUB'S ANNUAL CHRISTMAS PARADE
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
transferred $5,554.35 from the Bermuda District Improvement
Fund to the Police Department for traffic control during the
Chester Kiwanis Club's Annual Christmas Parade.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.4. SET DATES FOR PUBLIC HEARINGS
8.C.4.a. TO CONSIDER LEASE OF REAL PROPERTY AT CASTLEWOOD,
MAGNOLIA GRANGE, THE COUNTY MUSEUM AND THE 1892
JAIL FOR OPERATION OF EDUCATION AND PRESERVATION
PROGRAMS BY THE CHESTERFIELD HISTORICAL SOCIETY OF
VIRGINIA
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
set the date of August 25, 2010 at 6:30 p.m. for a public
hearing for the Board to consider the lease of real property
at Castlewood, Magnolia Grange, the County Museum and the
1892 Jail to the Chesterfield Historical Society of Virginia
for the operation of education and preservation programs.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.4.b. TO CONSIDER LEASE OF REAL PROPERTY AT THE SOFTBALL
COMPLEXES AT HARRY G. DANIEL PARK AT IRON BRIDGE
AND WARBRO ATHLETIC COMPLEX FOR THE OPERATION OF
SOFTBALL PROGRAMS
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
set the date of August 25, 2010 at 6:30 p.m. for a public
hearing for the Board to consider the lease of real property
at the softball complexes at Harry G. Daniel Park at Iron
Bridge and Warbro Athletic Complex.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.5. STATE ROAD ACCEPTANCES
~,. On motion of Mr. Holland, 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
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07/28/10
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/Subdivision: Townhomes at Harbour Pointe
Ts~e Change to the Secondary System of State Highways:
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Bayside Lane, State Route Number 4709
From: 0.13 miles north of Hull Street Rd., (Rt. 360)
To: Baycraft Tr., (Rt. 7508), a distance of: 0.03 miles.
Recordation Reference: Pb. 165, Pg. 92
Right of Way width (feet) = var
• Baycraft Terrace, State Route Number 7508
From: Bayside Ln.,.(Rt. 4703)
To: Cul-de-sac, a distance of: 0.11 miles.
Recordation Reference: Pb. 165, Pg. 92
Right of Way width (feet) = 51 feet
• Baycraft Terrace, State Route Number 7508
From: Bayside Ln., (Rt. 4703)
To: Cul-de-sac, a distance. of: 0.04 miles.
Recordation Reference: Pb. 165, Pg. 92
Right of Way width (feet) = 51 feet
Addition
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,
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pursuant to Section 33.1-229, Code of Vir inia, 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/Subdivision: Grove Hill Road Extension
Type Change to the Secondary System of State Highways: Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
• Grove Hill Road, State Route Number 5471
From: 0.06 miles north of North Woolridge Rd., (Rt. 668)
To: Cul-de-sac, a distance of: 0.31 miles.
Recordation Reference: Db. 4049, Pg. 659
Right of Way width (feet) = 80
• Grove Hill Road, State Route Number 5471
From: North Woolridge Rd., (Rt. 668)
II To. 0.06 miles north of North Woolridge Rd., {Rt. 668), a distance of:
0.06 miles.
Recordation Reference: Db. 4049, Pg. 659
Right of Way width (feet) = 90
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.6. ACCEPTANCE OF PARCELS OF LAND
8 . C. 6. a. ALONG BOULDERS PARKWAY FRrnut nRn~rnvwr~T~ anrTr.r-~vc
LLC
On motion of Mr. Holland, seconded
accepted the conveyance of a parcel
acres along Boulders Parkway from
and authorized the County Administr
(It is noted a copy of the plat is
this Board.)
by Ms . Durfee , the Board
of land containing 0.0318
Brandywine Boulders, LLC
ator to execute the deed.
filed with the papers of
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
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07/28/10
8.C.6.b. ALONG GENITO ROAD FROM WOODFIN AND ASSOCIATES,
L.L.C.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.070
acres along Genito Road from Woodfin and Associates, L.L.C.
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: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.6.c. ALONG HULL STREET ROAD FROM GOOCHLAND/WEST CREEK,
LP
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
accepted the conveyance of three parcels of land containing a
total of 0.138 acres along Hull Street Road from Goochland/
West Creek, 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: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.6.d.
SOWERS
FOR THE EXTENSION OF OAKLAKE COURT FROM J. MARK
J
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.259
acres for the extension of Oaklake Court from J. Mark Sowers
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: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.6.e. ALONG KOGER CENTER BOULEVARD FROM VIRGINIA CREDIT
UNION, INCORPORATED
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 15
square feet along Koger Center Boulevard from Virginia Credit
Union, 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: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
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8.C.6.f. ALONG BERMUDA HUNDRED ROAD FROM TRICITY ISLAMIC
CENTER
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.197
acres along Bermuda Hundred Road from Tricity Islamic Center
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: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.7. AUTHORIZE THE UTILITIES DEPARTMENT TO FILE AN
APPLICATION FOR CONDITIONAL USE PLANNED DEVELOPMENT
TO PERMIT A WATER STORAGE TANK WITH COMMUNICATIONS
TOWER USE PLUS A HEIGHT EXCEPTION IN AN R-40
RESIDENTIAL DISTRICT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
authorized the Utilities Department to file an application
for Conditional Use Planned Development to permit a water
storage tank with communications tower use, not to exceed 140
feet, and waived the requirement for a disclosure affidavit.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.8. AWARD OF CONSTRUCTION CONTRACTS
8.C.8.a. FOR THE ELKHARDT ELEVATED STORAGE TANK PROJECT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
awarded a construction contract for the Elkhardt Elevated 2
MG Storage Tank (County Project #05-0141) to Chicago Bridge
and Iron Company (CBI) Inc., in the amount of $3,777,660,
authorized the transfer of $470,000 from Water Fund Balance
to the project, and authorized the County Administrator to
execute the necessary documents. (It is noted a copy of the
vicinity sketch is filed with the papers of this Board.)
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
II 8.C.8.b. FOR THE TIMSBURY WASTEWATER PUMPING STATION
REPLACEMENT PROJECT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
awarded a construction contract for the Timsbury Wastewater
Pumping Station Replacement (County Project #04-0180) to
Corman Construction, Inc., in the amount of $3,049,235, and
authorized the County Administrator to execute the necessary
documents.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: warren.
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07/28/10
8.C.9.REQUESTS FOR PERMISSION
8.C.9.a.
EASEMENT ACROSS LOT 20, RUTHERFORD VILLAGE AT
CHARTER COLONY
PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT
FROM DAVID~L. BAILEY AND VIRGINIA S. BAILEY FOR A
On motion of Mr. Holland, seconded by Ms: Durfee, the Board
approved a request from David L. Bailey and Virginia S.
Bailey for permission for a proposed fence to encroach within
an 8-foot easement across Lot 20, Rutherford Village at
Charter Colony, 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: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: warren.
8.C.9.b. FROM BONDHU, LLC FOR A PROPOSED FENCE TO ENCROACH
ON COUNTY PROPERTY KNOWN AS WARBRO ROAD ATHLETIC
FACILITY
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved a request from Bondhu, LLC for permission for a
proposed fence to encroach on county property known as Warbro
Road Athletic Facility at 3204 Warbro 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: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.9.c.
EASEMENT ACROSS LOT 51, STEWART VILLAGE, SECTION A
AT CHARTER COLONY
EASEMENT AND A THIRTY-FOOT DRAINAGE AND SEWER
EXISTING FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT
FROM ROXANNE DUDLEY AND SHIRLEY B. DUDLEY FOR AN
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved a request from Roxanne Dudley and Shirley B. Dudley
for permission for an existing fence to encroach within a 16-
foot easement and a 30-foot drainage and sewer easement
across Lot 51, Stewart Village, Section A at Charter Colony,
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: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.9.d. FROM DANIEL E. HUBBARD AND SYLVIA E. HUBBARD TO
INSTALL A PRIVATE WATER SERVICE WITHIN A PRIVATE
EASEMENT TO SERVE PROPERTY ON OTTERDALE ROAD
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved a request from Daniel E. Hubbard and Sylvia E.
Hubbard for permission to install a private water service
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within a private easement to serve property at 5424 Otterdale
Road and authorized the County Administrator to execute the
water connection agreement. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: warren.
8.C.9.e. FROM NVR, INCORPORATED FOR AN ASPHALT DRIVEWAY TO
ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT
ACROSS LOT 19, HEART QUAKE-SECTION 3 AT FOXCREEK
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved a request from NVR, Inc. for permission for an
asphalt driveway to encroach within a 16-foot drainage
easement across Lot 19, Heart Quake-Section 3 at Foxcreek,
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: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.9.f. FROM WILLIAM R. TILLER AND MICHELE R. TILLER FOR A
PROPOSED FENCE AND IRRIGATION SYSTEM TO ENCROACH
WITHIN AN EIGHT-FOOT EASEMENT ACROSS LOT 16,
STEWART VILLAGE, SECTION A AT CHARTER COLONY
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved a request from William R. Tiller and Michele R.
Tiller for permission for a proposed fence and irrigation
system to encroach within an 8-foot easement across Lot 16,
Stewart Village, Section A at Charter Colony, 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: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: warren.
8.C.9.g. FROM JAMES H. THOMAS AND EDITH A. THOMAS TO INSTALL
A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT
TO SERVE PROPERTY ON SEMINOLE AVENUE
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved a request from James H. Thomas and Edith A. Thomas
for permission to install a private sewer service within a
private easement to serve property located at 10311 Seminole
Avenue and authorized the County Administrator to execute the
sewer connection agreement. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
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8.C.10. TRANSFER OF FUNDS AND AUTHORIZATION TO AWARD
CONSTRUCTION CONTRACT FOR THE ROUTE 360 EASTBOUND
LANE EXTENSION AT ASHLAKE PARKWAY PROJECT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
transferred $40,000 from the General Road Improvement account
to the Route 360 Eastbound Lane Extension at Ashlake Parkway
Project and authorized award of a construction contract to
the lowest responsible bidder, up to $91,000.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.11. APPROVAL OF A WETLANDS MITIGATION AGREEMENT WITH
RAGLAND FARM, L.L.C.
In response to Mr. Gecker's questions, Mr. Harmon stated the
request is for 51 linear feet of stream credits for the
Horner Park road project and staff has previously purchased
credits from this wetlands bank. He further stated this is
the only bank that has stream credits available for the
project.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
authorized the County Administrator to execute a Wetlands
Mitigation Agreement with Ragland Farm, L.L.C. for the
purchase of stream mitigation credits for construction of
Horner Park Road.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.12. REQUEST TO VACATE AND REDEDICATE A SIXTEEN-FOOT
WATER EASEMENT ACROSS THE PROPERTY OF VIRGINIA
TRUCK CENTER OF RICHMOND, INCORPORATED
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement to vacate and
rededicate a 16-foot water easement across the property of
Virginia Truck Center of Richmond, Inc. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.13. APPROVAL OF A CONTRACT TO ACCEPT THE DONATION OF
PORTIONS OF PARCELS OF LAND FOR A COMMUNITY PARK
NORTH OF ROUTE 288 AND SOUTH OF COURTHOUSE ROAD FROM
ANNA B. ATKINS
On motion of Mr. Holland, seconded by
approved a contract for the donation
containing 108 acres, more or less,
authorized the County Administrator to
and deed, and approved the transfer
Planning, Acquisition and Construction
10-479
Ms. Durfee, the Board
of parcels of land
from Anna B. Atkins,
execute the contract
of funds from Park
CIP funding. (It is
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noted a copy of the vicinity sketch and an aerial map of the
property are filed with the papers of this Board.)
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.14. APPROVAL OF CHANGE ORDER NUMBER TEN FOR PHASE II
MODIFICATIONS AT THE PROCTORS CREEK WASTEWATER
TREATMENT PLANT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved Change Order Number Ten for Phase II Modifications
at the Proctors Creek Wastewater Treatment Plant, in the
amount of $177,432, and authorized the County Administrator
to execute the necessary documents.
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.15. RENEWAL OF LEASES OF PROPERTY
8.C.15.a. FOR USE BY COMPREHENSIVE SERVICES
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
authorized the County Administrator to execute a lease for
office space with CS Development Company, Inc. for use by
Comprehensive Services. (It is noted a copy of the vicinity
sketch is filed with the papers of this Board.)
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.15.b. FOR USE BY THE SOCIAL SERVICES DEPARTMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
authorized the County Administrator to execute a lease for
office space with CS Development, Inc. for use by the Social
Services Department. (It is noted a copy of the vicinity
sketch is filed with the papers of this Board.)
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.17. APPROVAL OF LEASE OF PROPERTY FOR USE BY THE POLICE
DEPARTMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
authorized the County Administrator to execute a lease for
office space with W. S. Carnes, Inc. for use by the Police
Department. (It is noted a copy of the vicinity sketch is
filed with the papers of this Board.)
Ayes: Decker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
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8.C.18. DESIGNATION OF RIGHT OF WAY FOR WESTFIELD ROAD
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
designated a total of 0.167 acres of county property as right
of way for Westfield Road and authorized the County
Administrator to execute the declaration. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
8.C.19. APPROPRIATION OF FUNDS FOR THE HAPPY HILL ROAD
IMPROVEMENT PROJECT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
appropriated $71,224 in Traffic Shed 19 road cash proffers
for the Happy Hill Road Improvement Project.
Ayes: Gecker,
Nays: None.
Absent: warren.
9. REPORTS
Holland, Jaeckle and Durfee.
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. Holland, seconded by Ms. Durfee, .the Board
approved a Report on Developer Water and Sewer Contracts and
a Report on the Status of General Fund Balance, Reserve for
Future Capital Projects, District Improvement Funds and Lease
Purchases.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Lorrie Haban addressed the Board relative to Animal
Control's response to a complaint of animal neglect and
requested help with seeing that this does not happen to other
animals.
Mr. Gecker requested that Mr. Stegmaier investigate and
report back to the Board regarding the situation Ms. Haban is
concerned about.
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11. CLOSED SESSION (1) PURSUANT TO SECTION 2.2-3711(A)(1),
CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE
PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE; AND
(2) PURSUANT TO SECTION 2.2-3711(A)(1), CODE OF
VIRGINIA, 1950, AS AMENDED, RELATING TO THE APPOINTMENT
OF A SPECIFIC COUNTY EMPLOYEE
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
went into Closed Session (1) pursuant to Section 2.2-
3711(A)(1), Code of Virginia, 1950, as amended, relating to
the performance of a specific employee; and (2) pursuant to
Section 2.2-3711(A)(1), Code of Virginia, 1950, as amended,
relating to the appointment of a specific county employee.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: warren.
Reconvening:
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Session to which
this certification applies, and ii) only such public business
matters as were identified in the Motion by which the Closed
Session was convened were heard, discussed, or considered by
the Board. No member dissents from this certification.
The Board being polled, the vote was as follows:
Ms . Durfee : Aye .
Ms. Jaeckle: Aye.
Mr. Holland: Aye.
Mr. Gecker: Aye.
Mr. Warren: Absent.
12. DINNER
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
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Reconvening:
13. INVOCATION
Reverend Dr. Steven F. Plymale, Lead Pastor, Mt. Pisgah
United Methodist Church, gave the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Gold Award recipients Currie and Cole Underwood led the
Pledge of Allegiance.
15. RESOLUTIONS
15.A. RECOGNIZING THE SOUTH CHESTERFIELD RURITAN CLUB ON THE
OCCASION OF ITS FIFTIETH ANNIVERSARY
Mr. Kappel introduced members of the South Chesterfield
Ruritan Club, who were present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, Ruritan is a national service organization
first chartered on May 21, 1928, in Holland, Virginia; and
WHEREAS, Ruritans have grown to become America's leading
community-service organization, with more than 30,000 members
in more than 1,200 Ruritan clubs;-and
WHEREAS, Ruritan clubs work to meet the needs of their
local communities; and
WHEREAS, Ruritan assistance may take the form of
sponsoring little-league or other athletic programs,
sponsoring anti-litter campaigns, helping the sick and needy
or performing other service tasks; and
WHEREAS, the South Chesterfield Ruritan Club was
founded on April 4, 1960; and
WHEREAS, through the 50 years since its founding, the
South Chesterfield Ruritan Club has provided outstanding
service to Chesterfield County; and
WHEREAS, the South Chesterfield Ruritans started the
county's annual Veteran's Day observance; and
WHEREAS, the club sponsored the Veterans Memorial Wall
at the Historic Courthouse; and
WHEREAS, the South Chesterfield Ruritan Club has
provided scholarship awards to Matoaca High School students;
and
WHEREAS, the South Chesterfield Ruritans have supported
a literary program at Matoaca High School, the Chesterfield-
Colonial Heights Christmas Mother Program and Southside
Sheltered Workshop; and
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WHEREAS, it has been said that the club makes the best
Brunswick Stew in south Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of July 2010,
publicly recognizes the South Chesterfield Ruritan Club,
expresses appreciation to its members, and commends them on
their dedicated service to the community in which they live,
and congratulates the members, on behalf of the residents of
Chesterfield County, on their 50th anniversary of service to
others.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
Ms. Durfee presented the Ruritan members with the executed
resolution, congratulated them on 50 years of service in the
community, and wished them continued success.
The Ruritan members introduced themselves and spoke of their
activities in the community.
15.B. RECOGNIZING MRS. ANN MARIE PENCHICK WHIPP, SHERIFF'S
OFFICE, UPON HER RETIREMENT
Sheriff Proffitt introduced Mrs. Ann Whipp, who was present
to receive the resolution.
On motion of Ms. Durfee, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, Mrs. Ann Whipp joined Chesterfield County in
1978 as a full time employee in the Accounting Department;
and
WHEREAS, Mrs. Whipp transferred to the Chesterfield
County Sheriff's Office on August 1, 1979, where she served
as one of two civilian employees who were deputized to
complete bookkeeping, budget, Notary Public, payroll, civil
process and jury-related functions; and
WHEREAS, Mrs. Whipp served until October 26, 1984, and
was then promoted to Senior Account Clerk; and
WHEREAS, Mrs. Whipp served until October 25, 1985, and
was then promoted to Principal Account Clerk; and
WHEREAS, Mrs. Whipp served until October 12, 1989, and
was then promoted to Account Technician; and
WHEREAS, Mrs. Whipp served until June 20, 1992, and was
promoted to Sr. Account Technician; and
WHEREAS, Mrs. Whipp served until October 12, 2007, and
was then promoted to Accountant; and
WHEREAS, Mrs. Whipp has faithfully served five Sheriffs
- Emmett L. Wingo, John W. Mutispaugh, Walter J. Minton,
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Clarence G. Williams, Jr. and current Sheriff, Dennis S.
Proffitt; and
WHEREAS, Mrs. Whipp was instrumental in writing,
obtaining and managing the grant that established. the Victim
Witness Assistance Program in Chesterfield County; and
WHEREAS, Mrs. Whipp was instrumental in assisting with
the creation of a video arraignment network for the
Chesterfield County Sheriff's Office that has enhanced the
safety of the court system while reducing the costs
associated with transporting inmates to the courthouses for
procedural hearings; and
WHEREAS, Mrs. Whipp was named Employee of the Quarter
for the Administrative Services Section in 2000, 2006 and
2007 and has received numerous letters of appreciation,
commendation and acknowledgement recognizing her commitment
to excellence, diligence, quality of work, exceptional
customer service, efficiency, work ethic and dedication; and
WHEREAS, in 2007, Mrs. Whipp received the Clarence G.
Williams, Sr.-Nick Fucella Public Service Award, which is
personally awarded by the Sheriff to recognize an employee
for services rendered in keeping with the mission and goals
of the Chesterfield County Sheriff's Office; and
WHEREAS, Mrs. Whipp demonstrated her commitment to
training and education by completing the Quality Generalist
Certificate through Chesterfield University and the
Professional Food Service Seminar through John Tyler
Community College as well as numerous other classes, seminars
and certificate programs; and
WHEREAS, Mrs. Whipp has been a generous supporter and
officer in many charitable organizations such as the Shriners
Hospital, Ladies Oriental Shrine, Virginia Special Olympics,
the American Heart Association and the United Way.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of July 2010,
publicly recognizes the outstanding contributions of Mrs. Ann
Whipp, expresses the appreciation of all residents for her
service to Chesterfield County, and extends appreciation for
her dedicated service to the county and congratulations upon
her retirement, as well as best wishes for a long and happy
retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mrs. Whipp, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
Mr. Holland presented the executed resolution to Mrs. Whipp,
accompanied by several members of her family, expressed
appreciation for her outstanding service, and congratulated
her on her retirement.
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Mrs. Whipp expressed appreciation to her co-workers for their
support over the years.
Mr. Stegmaier presented Mrs. Whipp with an acrylic statue and
county watch, thanked her for her contributions to the
county, and stated she has been an outstanding and reliable
employee.
15.C. RECOGNIZING GIRL SCOUTS UPON ATTAINING THE GOLD AWARD
15.C.1. MS. CURRIE BATEMAN UNDERWOOD, MATOACA DISTRICT
15.C.2. MS. MARGUERITE COLE UNDERWOOD, MATOACA DISTRICT
Mr. Kappel introduced Ms. Currie Underwood and Ms. Cole
Underwood, who were present to receive the resolutions.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.7 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning three interest project patches,
earning the Girl Scout Gold Leadership Award, the Girl Scout
Gold Career Award, and the Girl Scout Gold 4Bs Challenge
Award, and designing and implementing a Girl Scout Gold Award
project ; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments
in the areas of leadership, community service, career
planning, and personal development; and
WHEREAS, the Girl Scout Award can only be earned by
girls aged 14-18 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Ms. Currie Bateman Underwood and Ms. Marguerite
Cole Underwood, both of Troop 76, sponsored by the Winterpock
Service Unit, have accomplished these high standards and have
been honored with the Girl Scouts of America Gold Award by
the Girl Scout Commonwealth Council of Virginia,
Incorporated; and
WHEREAS, growing through their experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding themselves on the great accomplishments of their
country, Currie and Cole are indeed members of a new
generation of prepared young citizens of whom we can all be
very proud.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 28th day of July 2010,
publicly recognizes Ms. Currie Bateman Underwood and Ms.
Marguerite Cole Underwood, extends congratulations on their
attainment of the Gold Award, and acknowledges the good
fortune of the county to have such outstanding young women as
its citizens.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: warren.
Ms. Durfee presented the executed resolutions to Currie and
Cole, accompanied by members of their family, congratulated
them on their outstanding achievements, and wished them well
in future endeavors.
Currie and Cole provided details of their Gold Award
projects.
16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Michele Rocca addressed the Board relative to loud music
in her neighborhood and the possibility of changing the noise
ordinance~to provide for enforcement prior to midnight.
Mr. Gecker requested that staff look into Ms. Rocca's
request.
17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING
ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE THE
APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL
BE HEARD AT SECTION 18
lOSN0168 (Amended)
In Clover Hill Magisterial District, RICHMOND 20 MHz LLC
requests conditional use and amendment of zoning district map
to permit a communications tower in an Agricultural (A)
District on 2.3 acres fronting 20 feet on the east line of
South Old Hundred Road, 580 feet south of Rose Glen Drive.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 2.2 units per acre or less
and conservation/recreation use. Tax IDs 731-681-Part of
8265; 732-681-Parts of 4585 and 3768; and 733-681-Part of
0761.
Mr. Turner stated staff is requesting that the Board remand
Case lOSN0168 to the Planning Commission because of changes
in the application.
Mr. Brennan Keene, representing the applicant, stated he
concurs with the remand request.
Mr. Gecker called for public comment.
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No one came forward to speak to the remand request.
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
remanded Case lOSN0168 to the Planning Commission.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays:. None.
Absent: Warren.
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 approximately 290 feet on the north line
of Chester Village Drive at 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 the applicant is requesting a deferral of
Case 08SN0285 until August 25, 2010.
Ms. Carrie Coyner, representing the applicant, requested a
deferral of Case 08SN0285 until August 25, 2010.
Mr. Gecker called for public comment.
No one came forward to speak to the deferral.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
deferred Case 08SN0285 until August 25, 2010.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
lOSN0110 (Amended)
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 presented a summary of Case lOSN0110 and stated
staff is recommending approval subject to conditions.
Ms. Carrie Coyner, representing the applicant, stated since
the original permit was requested, an adjacent property owner
has approached the applicant about purchasing his property
for a revitalization project on Jefferson Davis Highway, and
there is now a contract for the purchase of the subject
property. She further stated that is the reason for the
request for a shorter time period for the mobile home permit,
indicating that the applicant will be leaving and the
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property will be developed together with the rest of the
revitalization project.
Mr. Gecker called for public comment.
No one came forward to speak to the request.
On motion of Ms. Jaeckle, seconded by Mr.•Holland, the Board
approved Case lOSN0110, subject to the following conditions:
1. The applicant shall be the owner and occupant of the
manufactured home. (P)
2. The manufactured home permit shall be granted for a
period not to exceed December 31, 2010. (P)
3. No additional permanent-type living space may be added
onto this manufactured home. This manufactured home
shall be skirted but shall not be placed on a permanent
foundation.(P)
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
lOSN0252
In Bermuda Magisterial District, CARRIE COYNER requests
rezoning and amendment of zoning district map from
Residential (R-7) to Community Business (C-3) with
conditional use to permit multi-family residential use on 1.2
acres of a 17.4 acre tract and amendment of conditional use
planned development (Case 07SN0292) relative to setbacks on
16.2 acres of a 17.4 acre zoned Community Business (C-3) and
General Business (C-5) fronting 300 feet on the south line of
Velda Road, 300 feet west of Jefferson Davis Highway and also
fronting 830 feet on the west line of Jefferson Davis
Highway, 160 feet south of Velda Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
community commercial and general commercial use. Tax IDs 794-
665-8176 and 794-666-4339, 5242, 5947 and 6515.
Mr. Turner presented a summary of Case lOSN0252 and stated
the Planning Commission and staff recommend approval, subject
to one condition and acceptance of the revised proffered
conditions.
Ms. Carrie Coyner stated this is a great project and the
neighbors along Jefferson Davis Highway are very excited
about it. She requested the Board's approval.
Mr. Gecker called for public comment.
No one came forward to speak to the request.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved Case lOSN0252, subject to the following condition:
With the approval of Request II, Textual Statement Sections
I.(D)6. and II.(F) of Case 07SN0292 dated December 6, 2007,
revised May 15, 2008, shall be modified as provided in the
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proffered conditions below. All other conditions of Case
07SN0292 shall remain in force and effect. (P)
And, further, the Board accepted the following proffered
conditions:
The Owner-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 known as Chesterfield County Tax IDs 794-666-5242,
794-666-5947, 794-666-4339 from R-7 to C-3 with a Conditional
Use to permit Residential Multi-Family use and for amendment
to the textual statement of Chesterfield County Tax IDs. 794-
666-8176 and 794-666-6515, requesting an amendment to Zoning
Case No. 07SN0292 to reduce the building setback adjacent to
the communications tower and modify front loaded garage
requirements, and subject to the conditions and provisions as
set forth below; however, in the event the request is denied
or approved with conditions not agreed to by the Applicant,
these proffers and conditions shall be immediately null and
void and of no further force or effect.
The following amendments shall apply to Tax IDs 794-666-8176
and 794-666-6515:
(Staff Note: The following section pertains to Request II.)
The applicant hereby amends the Textual Statement dated
December 6, 2007, revised May 15, 2008 as follows:
Section I. (D) Uses permitted shall be limited to:
6. A 199' communications tower which is currently located
on the Property. Said tower shall comply with the
requirements of Case No. 98PD0243 and the following:
(a) Evergreen plantings having an initial height and
spacing to provide screening of the base of the
tower and accessory ground mounted equipment or
structures from adjacent properties shall be
planted along the fence surrounding the
communications tower.
(b) There shall be a sixty-five (65) foot setback for
buildings, parking and drives from the security
fence around the base of the communication tower on
the east, west and south sides of the fence except
for the partial drives and waste collection area as
shown on Exhibit B.
(c) There shall be a thirteen (13) foot setback for
buildings, parking, and drives from the security
fence around the base of the communication tower on
the north side of the fence; however, no dwelling
units may be located closer than sixty five (65)
feet from the security fence around the base of the
communication tower.
(d) Within the tree preservation area shown on Exhibit
B, grading necessary for improvements shall be
minimized so as to preserve as much- existing
vegetation as practical. If mature trees are
removed with the tree preservation area shown in
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Exhibit B which diminish the screening of the
communication tower, the applicant shall replant
fast-growing trees which upon reaching maturity
will provide similar screening to the existing
mature trees that are removed.
(e) The existing access road to the communications
tower shall not be widened unless required by the
Fire Department or any other governmental agency.
(P)
Section II.(F) Garages: Front loaded garages which are
attached to dwelling units shall be located no closer to the
street than the front facade of the dwelling unit. (P)
The following conditions shall apply to Tax Ids. 794-666-
5242, 794-666-5947, 794-666-4339:
(Staff Note: The following conditions pertain to Request I.)
General Conditions
1. A. The development may. have a traditional mixed use
development design with a mix of residential and
non-residential uses within blocks and/or within a
building. Buildings will be located close to the
sidewalks and other buildings, the streets lined
with trees and sidewalks, on-street parking, and
open spaces.
B. The mixing of residential and non-residential uses
may be permitted if a Mixed Use Plan is submitted
for review and approval by either the Planning
Department or the Planning Commission at the
election of the developer. Such review. will be
subject to appeal in accordance with the provision
of the Zoning Ordinance for site plan appeals. The
Mixed Use Plan shall address the land use
transitions and compatibility between the different
uses and adjacent properties. Land use
compatibility and transitions may include, but not
necessarily limited to, the exact locations of
uses, buffers and site design.
C. The Property shall be developed as an integral part
of the overall Colony Village development plan. (P)
2. Uses permitted shall be limited to:
A. Uses permitted by right or with restriction in the
Community Business (C-3) District.
B. Except that dwelling units shall not be permitted,
uses permitted by right or with restriction in the
Residential Multi-family (RMF) District.
C. Accessory uses permitted in the R-MF and C-3 Zoning
Districts, except. as restricted herein. (P)
3. Mixed-Use Buildings, as defined as multi-story buildings
that accommodate a combination of commercial and/or
office and/or residential uses within the same
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structure. This does not preclude single-use
buildings.(P)
4. The following uses shall not be permitted on the
Property:
1. Feed, seed and ice sales;
2. Fraternal uses;
3. Indoor flea markets;
4. Kennels, commercial;
5. Material reclamation receiving centers;
6. Motor vehicle sales and rental;
7. Secondhand and consignment stores; and
8. Taxidermies.(P)
5. Street Trees. Street trees shall be planted along both
sides of all public streets and all private streets that
provide general circulation throughout the
development. (P)
6. Architectural Standards. The development shall have the
same architectural style, colors and materials as Colony
Village development unless otherwise approved by the
Director of Planning.(P)
7. Sidewalks. Sidewalks shall be installed along both sides
of all public and private streets that provide general
circulation throughout the development. (P)
8. Landscape. In addition to Landscape H, there shall be a
four (4) foot decorative fence with low evergreens
shrubs installed on the Property along its frontage on
Velda Road.(P)
Ayes: Gecker,
Nays: None.
Absent: warren.
lOSN0226
Holland, Jaeckle and Durfee.
In Matoaca Magisterial District, FELICIA & RANDY HALL, JR.
request conditional use and amendment of zoning district map
to permit a business (commercial kennel) incidental to a
dwelling in an Agricultural (A) District on 6.0 acres
fronting 320 feet on the north line of River Road, 350 feet
west of Eppes Falls Road. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for rural
conservation area use. Tax IDs 706-644-2244 and 3551.
Mr. Turner presented a summary of Case lOSN0226 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. Andy Scherzer, representing the applicants, accepted the
recommendation.
Mr. Gecker called for public comment.
No one came forward to speak to the request.
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On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved Case lOSN0226 and accepted the following proffered
conditions:
1. The Conditional Use shall be granted to and for Felicia
and Randy Hall, Jr., exclusively, and shall not be
transferable nor run with the land. (P)
2. The Conditional Use shall be limited to the operation of
a boarding kennel for a maximum of fifteen (15) dogs and
five (5) cats. (P)
3. A maximum of two (2) employees other than the applicants
shall be engaged in the operation.(P)
4. The area in which the dogs are allowed to run shall be
cleaned on a regular basis so as to eliminate odors and
the proliferation of insects. Areas associated with the
keeping of animals shall be cleaned and made free. of
waste on a regular basis so as to eliminate odors and
the proliferation of insects. (P)
5. One (1) sign shall be permitted at the entrance and
shall not exceed four (4) square feet. (P)
6. No additional run areas, structures or fenced areas
other than those existing areas and structures as shown
on the plan prepared by Balzer and Associates dated May
25, 2006 shall be constructed to accommodate this
use. (P)
7. Within sixty (60) days from the date the Board of
Supervisors' approval this request, forty-five (45) feet
of right-of-way along the north side of River Road,
measured from the centerline of that part of River Road
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the County
of Chesterfield.(T)
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
lOSN0235
In Dale Magisterial District, CHESTERFIELD COUNTY BOARD OF
SUPERVISORS proposes conditional use and amendment of zoning
district map to permit a dwelling separated from the
principal dwelling in an Agricultural (A) District on 5.0
acres known as 8500 Courthouse Road. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1.0-2.5 dwelling units per acre. Tax ID
765-667-8293.
Mr. Turner presented a summary of Case lOSN0235 and stated
the Planning Commission and staff recommend approval. He
noted that he is the Board's agent for this request and
requested approval.
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On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved Case lOSN0235.
Ayes: Gecker,
Nays: None.
Absent: Warren.
lOSN0255
Holland, Jaeckle and Durfee.
In Bermuda Magisterial District, ELEANOR S. TEMPLE request
renewal of manufactured home permit 03SR0323 to permit a
temporary manufactured home in a Residential (R-7) District
on .7 acre known as 2701 Shields Road. The density of such
amendment is approximately 1.42 units per acre. The
Comprehensive Plan suggests the property is appropriate for
office/residential mixed use. Tax ID 796-659-8191.
Mr. Turner presented a summary of Case lOSN0255 and stated
staff recommends approval, subject to conditions.
Ms. Eleanor Temple accepted the recommendation.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved Case lOSN0255, subject to the following conditions:
1. The applicant shall be the owner and occupant of the
manufactured home.(P)
2. This manufactured home permit shall be granted for a
period not to exceed seven (7) years from date of
approval . (P )
3. No additional permanent living space may be added onto
this manufactured home. This manufactured home shall be
skirted, but shall not be placed on a permanent
foundation.(P)
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
in~Nn~~~
In Midlothian Magisterial District,
LLC requests rezoning and amendment
from Agricultural (A) to Community
acres fronting 710 feet on the south
Cranbeck Road. Density will be
conditions or ordinance standards.
suggests the property is appropriate
Tax IDs 741-712-Part of 6168 and 742-
WOODLANDS REAL ESTATE,
of zoning district map
Business (C-3) on 13.2
line of Robious Road at
controlled by zoning
The Comprehensive Plan
for regional mixed use.
713-1482.
Ms. Jane Peterson presented a summary of Case lOSN0191 and
stated both the Planning Commission, by unanimous vote, and
staff recommend approval and acceptance of the proffered
conditions. She further stated the proposal complies with
the Huguenot/Robious/Midlothian Area Plan, and as proffered
with the limitations, compatibility is achieved with the
adjacent uses along the corridor. She noted that concerns
were expressed at the Planning Commission's public hearing
relative to the extension of Mall Drive and its impact on the
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neighborhood safety and traffic, existing retail vacancies,
commercial uses along Robious Road, and the lack of community
meeting notification. She stated staff has received three
letters in opposition to the request.
Mr. Jim Theobald, representing the applicant, stated
approximately five acres of the 13.2-acre subject property is
actually developable. He further stated the request would
create two corners of retail in the area that results from
the extension of Mall Drive up to Robious Road, which was
required as part of the previous zoning case in 2006. He
stated the road does align with Cranbeck Road, which
connection has been referenced on the county's Thoroughfare
Plan at least since 1988. He further stated the request has
been highly proffered, and the applicant has worked with
staff to assure the guarantees the Board has come to expect
and has precluded a number of uses. He stated the overall
density will not exceed 50,000 square feet, and direct access
to Robious Road is limited to Mall Drive. He further stated
staff has found the request to be compatible with the
Comprehensive Plan, as well as existing and anticipated area
development, and both the Planning Commission and staff has
recommended approval.
Mr. Gecker called for public comment.
Mr. Richard Bosko, a resident of Country Place, stated his
neighborhood consists of only two blocks and expressed
concerns relative to changes that have occurred in the
surrounding area with the apartments going in; the expansion
of Robious Road to four lanes; and increased noise, traffic
and light pollution. He stated he opposes the request
because the original plan was just to have a road go through,
not retail on both sides of the road, and the traffic has
increased ten-fold. He requested that the Board consider the
residents and deny the proposed rezoning.
Mrs. Deborah Bosko expressed concerns that only one recent
meeting was held regarding the proposal and the neighborhood
not being kept in the loop. She further stated the residents
were given explicit assurances that there would be no further
retail allowed as it applies to the corners of the Mall Drive
extension and Robious Road and requested that the Board stand
by those assurances.
Ms. Sue Brush, a resident of Millsap Lane, expressed concerns
relative to the safety and security of the Country Place
neighborhood. She stated commercial development at Robious
and Cranbeck is not acceptable to the residents and expressed
concerns relative to the turmoil that this project has
caused.
No one else came forward to speak to the request and the
public hearing was closed.
Discussion ensued relative to the indication of retail in
addition to Costco with the previous zoning case in 2006.
Mr. Gecker stated there was a series of .discussions with the
residents with the 2006 zoning case regarding styling the
case in such a way as to provide the maximum possible safety
for Country Place, while allowing Mall Drive Extended and the
Costco development to move forward. He referenced the retail
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vacancies along eastern Midlothian Turnpike and eastern Hull
Street and stated, once this development is completed, it
will help stabilize the central portion of the Midlothian
District to the benefit of the residential areas. He stated
the traffic referenced by the speakers is going to be there
whether or not this development is approved. He further
stated the development provides the final way to complete the
transportation grid called for on the Thoroughfare Plan and
the intent is to help stabilize the retail core and hopefully
the surrounding housing. He stated expanding Robious Road to
four lanes was due to the western growth of residential
development, not as a result of this development.
In response to Ms. Durfee's question, Mr. Gecker stated there
is not a no-truck designation on Mall Drive Extended, but the
Board did designate Cranbeck Road from Robious to Huguenot
for no-truck traffic.
Ms. Durfee expressed concerns relative to residents' quality
of life changing because of cut-throughs and changing traffic
patterns. She stated it is important for the county to make
the Chesterfield Towne Center thrive again, while keeping in
mind that things could change on Hull Street when the current
Costco building is vacated.
Mr. Gecker stated at the time the Costco was rezoned, it was
determined that placing the business at this location would
have a synergy with the existing retail. He further stated
at that time, the Midlothian District was being `attacked'
from the west from what is now Westchester Commons, and the
fear was that the Chesterfield Towne Center area would begin
to look like the Cloverleaf Mall area. He stated Costco's
location on Hull Street does not provide the same synergy
with any other comparable retail business. He further
stated, although there will be a vacancy on Hull Street,
there will not be a secondary impact from that; whereas, the
positive of having it at the proposed location is keeping the
business in the county and locating it in an area where it
would help support other businesses.
Ms. Durfee stated she agrees that there are thriving
businesses in the area along Hull Street where Costco is
currently located. She further stated the Board needs to be
mindful of everything else in the vicinity when moving and
shifting businesses.
Mr. Gecker stated a number of meetings have been held
regarding the planning aspect of this project. He further
stated the proposed request is the completion of what was
begun with the previous zoning request. He stated the
traffic and noise concerns raised would not be helped by
denying this case. He further stated he does believe this
project will provide the catalyst to help stabilize this part
of the Midlothian District and will be an overall plus for
the surrounding area and the county as a whole.
Mr. Holland stated although he will miss Costco from the Dale
District, he believes this is a good move forward for the
business.
In response to Mr. Holland's question regarding Mrs. Bosko's
comment about the assurance of no further retail, Mr. Gecker
stated a commitment was not made that there would be no
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retail on the south side of Robious Road, indicating that it
was a north side of Robious Road issue.
Ms. Jaeckle stated one of the biggest issues the Board
struggles with is revitalization of older areas as new
development occurs. She further stated although Costco will
bring additional traffic, it will also bring people to the
area making it more desirable for future development. She
stated she feels the residential area would decline more
rapidly if there was no effort to keep Chesterfield Towne
Center vibrant.
Mr. Gecker made a motion, seconded by Ms. Jaeckle, for the
Board to approve Case lOSN0191 and accept 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
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
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 owners and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owners and applicant, the proffers shall
immediately be null and void and of no further force or
effect .
The application contains one exhibit described as follows:
Exhibit A - Plan titled Conceptual Plan for North/South
Collector Road ("Mall Drive Extended"), dated March 11, 2010.
1. Uses.
a. The following uses shall be prohibited:
i. carpenter and cabinetmakers' offices and
display rooms;
ii. cocktail lounges and nightclubs;
iii. electrical, plumbing or heating supply
sales, service and related display rooms;
iv. feed, seed and ice sales;
v. fraternal uses;
vi. hospitals;
vii. indoor flea markets;
viii. motor vehicle washes;
ix. park and ride lots;
x. recreational establishments, commercial-
indoor;
xi. taxidermies;
xii. theaters, including drive-in theaters;
xiii. commercial kennels;
xiv. outside runs for veterinary hospitals;
xv. automobile service stations;
xvi. motor vehicle sales and rental;
xvii. gasoline sales;
xviii. drive-through windows for fast food
restaurants unless located at the side or
rear of a building which has separate
spaces for at least three (3) users;
xix. outside storage;
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xx. schools - commercial, trade, vocational and
training, unless conducted within an
enclosed building;
xxi. material reclamation receiving center;
xxii. warehouses for permitted uses; and
xxiii. prepared food and fruit and vegetable
vendors.
b.
The following uses shall be limited as follows:
i. Outside Display: Any area used for outdoor
display that is not located under a covered
pedestrian way shall be identified on the
approved site plan. Such area shall be
located adjacent to the building which it
serves, shall be clearly delineated with
decorative fencing, and shall be located
outside of parking and sidewalk areas.
ii. Motor Vehicle Repair: Any motor vehicle
repair building shall not exceed 6,500 gross
square feet in size, and any bay doors or
loading areas for such use shall not directly
face Robious Road.
(Staff Note: Motor vehicle repair is a
restricted use in the Community Business (C-3)
District requiring, in part, that such use not
be permitted within a shopping center. Should
the property be developed as a. shopping center
as defined by the Ordinance, motor vehicle
repair would not be permitted without first
obtaining a conditional use.)
iii. Drive-Through Windows: Views of any drive-
through window parallel and adjacent to
Robious Road other than for a bank shall be
minimized by a decorative masonry wall a
minimum of three (3) feet in height which is
architecturally compatible with the
building(s).
iv. Greenhouses or Nurseries:
1. Outside garden centers shall not exceed
4,500 gross square feet and shall be
accessory to a retail component of the
business that is conducted within an
enclosed building. In no event shall the
outside garden center exceed the square
footage of the associated retail
building.
2. Outside garden centers shall be enclosed
by a decorative "wrought iron-style"
fence with brick piers, being a minimum
of eight (8) feet in height.
3. With the exception of outside display as
restricted by Proffered Condition 1.B.i,
and continuous outside display, all plant
materials and growing areas shall be
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located within the limits of the garden
center or within an enclosed building.(P)
2. Hours of Operation. No use shall be open to the public
between the hours of 12:00 a.m. (midnight) and 6:00
a.m. (P)
3. Exterior Materials. All building exteriors (whether
front, side or rear), exclusive of doors, windows, and
trim accents, shall consist of masonry, stone, EIFS,
architectural precast, integral color split face block
or glass as established as part of an overall
architectural theme. Aluminum or metal accents and
standing-seam metal roofs shall be permitted. Plastic
sheeting as sometimes associated with a greenhouse or
nursery shall not be permitted as an exterior
material.(P)
4. Signage. All freestanding signs shall be a monument
style. The base/structure of each sign shall be
constructed. of complementary materials and colors as the
building which it advertises. All building-mounted signs
shall be internally illuminated channel letters and
logos mounted on raceways painted to blend with the
building backdrop.(P)
5. Vehicular Lights. A six (6) foot high double-sided cedar
board or vinyl fence with an additional one (1) foot
high decorative top shall be provided as may be
necessary to substantially shield headlights from
adjacent Tax IDs 742-713-6185 and 742-713-4750 to the
east and Tax ID 741-713-6369 to the west in a location
as determined at the time of site plan approval, for so
long as such adjacent parcel or parcels are zoned or
used for residential purposes. The location of such
fence shall not interfere with any access required in
Proffered Conditions ll.c. and ll.d. below.(P)
6. Entrance Feature. In addition to perimeter landscaping
required by ordinance, an entrance feature which shall
include a decorative masonry wall section for aesthetic
rather than screening purposes and which is
architecturally compatible with the building(s), shall
be provided at the intersection of Robious Road and Mall
Drive Extended, and extend along the turning radii of
Mall Drive Extended which ties into a three (3) rail,
white vinyl decorative fence along the Robious Road
frontage . (P )
7. 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)
8. Utilities. The public wastewater system shall be
utilized.(U)
9. Density. The maximum density of development on the
Property shall be fifty thousand (50,000) square feet of
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shopping center or equivalent densities as determined by
the Transportation Department.(T)
10. Dedication. The following rights-of-way shall be
dedicated, free and unrestricted, to Chesterfield County
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:
a. Forty-five (45) feet of right-of-way on the south
side of Robious Road measured from the centerline
of that part of Robious Road immediately adjacent
to the Property.
b. Seventy (70) foot wide right-of-way for a
north/south collector ("Mall Drive Extended") from
Robious Road through the Property to the
easternmost Property line, as generally shown on
Exhibit A. The exact location of this right-of-way
shall be approved by the Transportation
Department.(T)
11. Access.
a. Direct vehicular access from the Property to
Robious Road shall be limited to Mall Drive
Extended and one (1) driveway that only serves two
(2) residential structures on the adjacent
properties to the east (Tax ID 742-713-6185 and
742-713-4750). Mall Drive Extended shall align with
the existing crossover on Robious Road that serves
Cranbeck Road.
b. Direct vehicular access from the Property to Mall
Drive Extended shall conform to the approved access
plan titled "Mall Drive Extended Access Plan,"
prepared by Bohler Engineering, dated November 10,
2009 with any subsequent modifications approved by
the Transportation Department.
c . Prior to any site plan approval for any portion of
the Property west of Mall Drive Extended, an access
easement acceptable to the Transportation Department
shall be recorded from Mall Drive Extended across
the Property to the adjacent property to the west
(Tax ID 741-713-6369).
d. Prior to any site plan approval for any portion of
the Property east of Mall Drive Extended, an access
easement acceptable to the Transportation
Department shall be recorded from Mall Drive
Extended across the Property to the adjacent
property to the east (Tax ID 742-713-4750), the use
of which shall be conditioned upon the beneficiary
eliminating the one (1) driveway onto Robious Road
as described in Proffered Condition 5.a.(T)
12. Transportation Improvements. Prior to the issuance of an
occupancy permit on the Property, the Developer shall be
responsible for the following improvements. If any road
improvement described herein is provided by others at
the time of site plan approval, then such road
improvements shall be deemed satisfied. The exact design
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and length of these improvements shall be approved by
the Transportation' Department. Alternate road
improvements, as requested by the Developer and approved
by the Transportation Department, which will provide
acceptable levels of service as determined by the
Transportation department, may be substituted for the
road improvements identified in this proffered
conditions:
a. Construction of a four-lane divided road for Mall
Drive Extended, based on VDOT Urban Collector
Standards (40 MPH) with modifications approved by
the Transportation Department, from Robious Road to
the easternmost Property line, as generally shown on
Exhibit A.
b. Construction of additional pavement along Mall
Drive Extended at each approved access to provide
left and right turn lanes.
c. Construction of additional pavement along Mall
Drive Extended at its intersection with Robious
Road to provide a six-lane divided typical section
(i.e., four (4) northbound lanes and two (2)
southbound lanes).
d. Construction of additional pavement along the
eastbound lanes of Robious Road at the Mall Drive
Extended intersection to provide a separate right
turn lane.
e. Construction of additional pavement along westbound
lanes of Robious Road at the crossover that serves
Mall Drive Extended to provide an adequate left
turn lane.
f. Full cost of traffic signal modifications at the
Robious Road/Mall Drive Extended intersection, as
determined by the Transportation Department.
g. Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above . (T )
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
18. PUBLIC HEARINGS
18.A. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE TO
INCREASE THE FLAT-RATE FEE TO REIMBURSE THE COUNTY
FOR EXPENSES INCURRED IN RESPONDING TO DUI AND
RELATED TRAFFIC INCIDENTS
Mr. Mincks stated this is the first of three public hearings
that all derived from 2010 General Assembly action. He
further stated the Board asked that this date and time be
been advertised for a public hearing to consider an amendment
to the County Code to consider increasing the flat-rate fee
to reimburse the county for expenses incurred for a variety
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of incidents that occur involving DUI, reckless driving or
leaving the scene of an accident. He noted that state law
previously provided that the fee could be $250, increased it
to $350, and provided that DMV could only suspend a driver's
license if the driver failed to pay a fee of $350 or more.
He stated if the Board does not increase the flat fee to
$350, the county will lose the ability to correct that fee
because the threat of a suspension is one of the primary
reasons the fee is collected; therefore, staff recommends
that the Board increase the fee.
Mr. Gecker called for public comment.
Dr. Peter Tahsoh, a resident of Chester, stated he strongly
supports the proposed ordinance amendment, but expressed
concerns that the language be crafted to protect individuals
when certain elements within law enforcement arbitrarily use
the ordinance against certain individuals who do not look
like themselves, although the situation in which they are
involved does not meet the language of the code. He
referenced an incident in which a person was charged with
reckless driving and asked to reimburse the county when no
law enforcement vehicle was involved, and there was no
accident or DUI.
Mr. Steve Meadows stated, as an independent insurance agent,
he sees DUIs and reckless driving from a different point of
view. He expressed concerns relative to the expenses drivers
incur as a result of DUI incidents and reckless driving and
inquired whether the county has to add an additional fee for
persons who make one-time mistakes.
Mr. Daren Gardner, a resident of the Dale District, expressed
concerns relative to the number of fees and fee increases he
is seeing and inquired whether the budget is really being
decreased, or if the county is just finding other areas to
tax citizens.
There being no one else to speak to the issue, the. public
hearing was closed.
Mr. Holland stated he views the fee increase as reasonable,
indicating that the person who perpetrates a DUI should pay
the price for it.
Ms. Durfee stated it takes a combination of various things
for someone not to get out on the road and drink and drive
again, indicating that great strides have been made in this
area over the past 20 to 30 years. She further stated the
fee has not increased since 1997, and she does not see the
$350 fee as detrimental to the person charged with the
offense.
Ms. Jaeckle stated the Board is just being asked to bring
this into line with General Assembly action and give DMV the
ability to suspend the license.
In response to Mr. Gecker's question, Mr. Mincks stated there
is a lot more expense involved than just responding to the
accident or incident, such as towing of the vehicle, making
the arrest, and bringing an individual before the magistrate.
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Mr. Gecker stated residents have asked for user fees instead
of taxes, noting that this is an example of a user fee. He
further stated it is reasonable to recover these types of
costs rather than have them borne by the public.
Mr. Mincks stated the billing for this fee is done by virtue
of a conviction.
Mr. Holland made a motion, seconded by Ms. Durfee, for the
Board to adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 13-71 RELATING TO REIMBURSEMENT
OF EXPENSES INCURRED IN RESPONDING TO DUI AND
OTHER TRAFFIC ACCIDENTS OR INCIDENTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 13-71 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 13-71. Reimbursement of expenses incurred in responding
to DUI and other traffic accidents or incidents.
(a) A person convicted of violating any of the
following provisions shall at the time of sentencing or in a
separate civil action be liable for restitution of reasonable
expenses incurred by the county or by any volunteer fire or
rescue squad, or any combination thereof, when providing an
appropriate emergency response to any accident or incident
related to such violation or when issuing any related arrest
warrant or summons. Personal liability under this section for
reasonable expenses of an appropriate emergency response
shall not exceed $1,000.00 in the aggregate for a particular
accident, arrest or incident occurring in the county:
(1) The provisions of Code of Virginia, § 18.2-51.4,
18.2-266 or 29.1-738, as amended, or a similar
county ordinance, when such operation of a motor
vehicle, engine, train or watercraft while so
impaired is the proximate cause of the accident or
incident;
(2) The provisions of Code of Virginia, tit. 46.2, ch.
8, art. 7 (§ 46.2-852 et seq.), as amended,
relating to reckless driving, when such reckless
driving is the proximate cause of the accident or
incident; and
(3) The provisions of Code of Virginia, § 46.2-894, as
amended, relating to improperly leaving the scene
of an accident.
(b) In determining "reasonable expenses", the county
may bill a flat fee of $350.00 or a minute-by-minute
accounting of the actual costs incurred. As used in this
section "appropriate emergency response" includes all costs
of providing law-enforcement, firefighting, rescue, and
emergency medical services. The court may order as
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restitution the reasonable expenses incurred by the county
for firefighting, rescue and emergency medical services.
(c) The police department shall compile a report of the
reasonable expenses of the appropriate emergency response for
each accident, arrest warrant, summons or incident and
forward that information to the county attorney's office or
the accounting department for appropriate proceedings. The
fire department shall have the same reporting requirements
except for accidents, arrest warrants, summonses or incidents
for which restitution is sought in the underlying criminal
case.
(2) That this ordinance shall become effective August 1,
2010.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: warren.
Mr. Holland requested that staff review and respond to the
concerns expressed by Dr. Tahsoh.
18.B. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE TO
REQUIRE SALVAGE DEALERS, DEMOLISHERS, REBUILDERS AND
VEHICLE REMOVAL OPERATORS TO SUBMIT PERIODIC REPORTS
TO THE POLICE DEPARTMENT
Mr. Mincks stated this date and time has been advertised for
the Board to consider an amendment to the County Code to
require salvage dealers, demolishers, rebuilders and vehicle
removal operators to submit periodic reports to the Police
Department. He further stated this item was requested of the
General Assembly by law enforcement officials because this
method was seen as being helpful in tracking down stolen
vehicles that are brought into salvage yards for resale. He
stated staff is requesting a delayed effective date to ensure
that the reporting details have been worked out.
Mr. Gecker called for public comment.
Mr. Jack Ritchie, Commander of the Police Department's
Administrative Support Bureau, stated the county currently
has no licensed automobile salvage dealers, demolishers or
vehicle removal operators that would fall under this
ordinance. He further stated if any new automobile salvage
dealers were to begin operating in the county, then these
requirements would apply. He stated the Police Department
recommends adoption of the proposed ordinance.
Mr. Steve Meadows inquired why the Board would adopt an
ordinance governing businesses that do not exist.
Mr. Gecker stated the Board is being proactive by adopting
this ordinance should future businesses of this type
establish in the county.
There being no one else to address the issue, the public
hearing was closed.
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There was brief discussion relative to the electronic reports
that salvage dealers would be required to file and the
penalty that would be assessed for violation of .the
ordinance.
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING
AND ENACTING ARTICLE XII, SECTION 15-250, RELATING TO
PERIODIC REPORTS REQUIRED FROM LICENSED SALVAGE
DEALERS, DEMOLISHERS, REBUILDERS, OR VEHICLE
REMOVAL OPERATORS TO THE POLICE DEPARTMENT
AND PROVIDING FOR A PENALTY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 15-250 of the Code of the County of
Chesterfield, 1997, as amended, is added and enacted to read
as follows:
Sec. 15-250. Periodic Reports Required from Licensed Salvage
Dealers, Demolishers, Rebuilders, or Vehicle Removal
Operators~to the Police Department.
(a) Pursuant to Virginia Code § 46.2-1608.1, all
licensed salvage dealers, demolishers, rebuilders, or vehicle
removal operators, as those terms are defined in Virginia
Code § 46.2-1600, operating within the county, are required
to make a written or electronic report of the information
required to be maintained by Virginia Code § 46.2-1608, at
the request of the police department, on a daily basis, of
every purchase, exchange or acquisition of any salvage or
scrap vehicle. A photocopy of the seller's driver's license,
state identification card, official United States military
identification card, or any other form of personal
identification with photograph and a copy of the digital
photograph required by Virginia Code § 46.2-1608 shall be
electronically transmitted to the police department on a
weekly basis at an electronic address to be provided by the
police department.
(b) Any licensed salvage dealer, demolisher, rebuilder,
or vehicle removal operator violating the provisions of this
section shall be assessed a fine of not more than $2,500.
(2) That this ordinance shall become effective on November
1, 2010.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
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18.C. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE TO REQUIRE
PAWNBROKERS TO FILE DAILY REPORTS WITH THE POLICE
DEPARTMENT
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider an amendment to
the County Code to require pawnbrokers to file daily reports
with the Police Department. He further stated there is a
pawnbroker in the county that this ordinance would apply to.
Mr. Gecker called for public comment.
Commander Ritchie stated pawnbrokers are currently required
to provide certain information to the Police Department, and
the General Assembly recently enacted legislation that allows
for the requirement to file the information electronically.
He further stated Mel's Pawn Shop, the only pawnbroker in the
county, voluntarily agreed to participate in electronic
submissions several months ago and fully supports the
proposed ordinance.
Mr. Steve Meadows stated he fully supports the proposed
ordinance.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Gecker noted that discussion about whether this ordinance
change and the previous _one represented a burden on these
businesses would have occurred at the General Assembly with
the appropriate lobbying groups.
Mr. Holland made a motion, seconded by Ms. Durfee, for the
Board to adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING
AND ENACTING ARTICLE XIII, SECTION 15-255, RELATING TO
PERIODIC REPORTS REQUIRED FROM PAWNBROKERS
TO THE POLICE DEPARTMENT AND
PROVIDING FOR A PENALTY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
as follows:
(1) That Section 15-255 of the Code of the County of
Chesterfield, 1997, as amended, is added and enacted to read
Sec. 15-255. Periodic Reports Required from Pawnbrokers to
the Police Department.
(a) Pursuant to Virginia Code § 54.1-4010, every
pawnbroker conducting business in the county shall prepare a
daily report of all goods, articles or things pawned or
pledged with him or sold to him that day and shall file such
report by noon of the following day with the chief of police
of the county. The report shall include the pledgor's or
seller's name, residence, and driver's license number or
other form of identification, and a description of the goods,
articles or other things pledged. Pawnbrokers are required
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to maintain and file the daily report electronically through
the use of a disk, electronic transmission, or any other
electronic method of reporting approved by the chief of
police of the county, or a law-enforcement officer designated
by him.
(b) Any person, firm or corporation violating any of
the provisions of this section shall be guilty of a Class 4
misdemeanor.
(2) That this ordinance shall become effective on November
1, 2010.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: warren.
18.D.
ACQUISITION OF WATER AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE COSBY WATER STORAGE TANK PROJECT
TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
Mr. Dupler stated this date and time has been advertised for
a public hearing for the Board to consider the exercise of
eminent domain for the acquisition of water and temporary
construction easements for the Cosby Water Storage Tank
project. He further stated the action is necessary because
the project is being advertised in August, and noted that
staff will work with the owners and try to resolve the issue
prior to exercising eminent domain.
Mr. Gecker called for public comment.
No one came forward to speak to the issue, and the public
hearing was closed.
Ms. Durfee stated she discussed with Mr. Harmon a couple of
weeks ago the necessity for clarity regarding a parcel of
land between two landowners and the possibility of the two
landowners entering into an agreement regarding this issue.
She further stated she spoke with Mr. Nunnally this morning,
who indicated he had not had sufficient time to get the
details clarified with Mr. Harmon. She recommended that the
Board defer this issue for 60 days to allow time for these
issues to be addressed.
Ms. Durfee then made a motion, seconded by Mr. Holland, for
the Board to defer consideration of the exercise of eminent
domain for. the acquisition of water and temporary
construction easements for the Cosby Water Storage Tank
project until September 22, 2010.
In response to Mr. Gecker's questions, Mr. Harmon stated
staff is requesting the 20-foot permanent easement and 10-
foot temporary construction easement along the property line
for the water line going from Route 360 to the new water tank
site. He further stated trees are located along the property
line. He stated three other alternatives have been looked at
for locating the water line, and the proposed alignment does
the least damage to any of the landowners in the area. He
noted that the permanent easement would be within the setback
on the property. He stated. there appears to have been a
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survey error in the past, leaving a parcel of land between
Ms. Wheatley and Mr. Nunnally's property, and staff has
agreed to look at using that area to reduce the width of the
easements on Mr. Nunnally's property.
There was brief discussion relative to the possible ownership
of the gap between the property lines between Mrs. Wheatley
and Mr. Nunnally.
In response to Mr. Gecker's question, Mr. Covington stated
deferral of the issue for 60 days would not significantly
impact the project. He further stated staff could still
proceed with advertisement of the water tank project.
Mr. Holland stated he agrees with Ms. Durfee, noting that it
would not adversely impact the project financially.
Ms. Durfee stated this is a complicated issue, and that is
why she made the motion for deferral.
Mr. Gecker called for a vote on the motion of Ms. Durfee,
seconded by Mr. Holland, for the Board to defer consideration
of the exercise of eminent domain for the acquisition of
water and temporary construction easements for the Cosby
Water Storage Tank project until September 22, 2010.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remai '
ning requests for manufactured home
permits or zoning at this time.
20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
21. ADJOURNMENT
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adjourned at 8:23 p.m. to August 25, 2010 at 3 p.m. in the
Public Meeting Room.
Ayes: Gecker, Holland, Jaeckle and Durfee.
Nays: None.
Absent: Warren.
y
J mes .L. St maier
County Administrator
C-~ C ~1.
Daniel A. Gecker
Chairman
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