2010-08-25 MinutesBOARD OF SUPERVISORS
MINUTES
August 25, 2010
Supervisors in Attendance:
Mr. Daniel A. Gecker, Chairman
Mr. James M. Holland, Vice Chrmn.
Ms. Dorothy A. Jaeckle
Mr. Arthur S. Warren
Ms. Marleen K. Durfee
Mr. James J. L. Stegmaier
County Administrator
Staff in Attendance:
Mr. Mike Bacile, Dir.,
Purchasing
Ms. Janice Blakley,
Clerk to the Board
Ms. Patsy Brown
Dir., Accounting
Mr. Kevin Bruny,
Chief Learning Officer
Mr. Allan Carmody, Dir.
Budget and Management
Ms. Jana Carter, Dir.,
Juvenile Services
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Barry Condrey, Chief
Information Officer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovernmental
Relations
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler,
Interim Deputy County
Admin., Community
Development
Mr. Mike Golden, Dir.,
Parks and Recreation
Dep. Chief Jim Graham
Fire Department
Mr. Jim Horbal
Commission of Revenue
Mr. John W. Harmon,
Real Property Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Dir.,
General Services
Mr. Lou Lassiter, Interim,
Dep. Co. Administrator,
Management Services
Mr. Mike Likins, Dir.,
Cooperative Extension
Ms. Mary Martin-Selby,
Dir. of Human Resource
Services
Mr. John McCracken, Dir.,
Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Jeffrey Mincks,
10-509
08/25/10
County Attorney
Ms. Sarah Snead, Deputy
County Administrator,
Human Services
Richard Troshak, Dir.,
Emergency Comm. Center
Mr. Kirk Turner, Dir.,
Planning
Mr. Rick Witt,
Interim Building Official
Mr. Scott Zaremba, Dir.
Human Resource Programs
Mr. Gecker called the regularly scheduled meeting to order at
3:02 p.m.
1. APPROVAL OF MINUTES FOR JULY 28, 2010
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved the minutes of July 28, 2010, as submitted.
Ayes: Gecker, Holland, Jaeckle, Warren a~
Nays: None.
Mr. Gecker requested that the Clerk call
S.C. RECOGNIZING MRS. MABEL MANN BOYD ON
Mr. Kappel introduced Mrs. Mabel Boyd,
receive the resolution.
zd Durfee .
Item 5.C. at this tit
HER 100TH BIRTHDAY
who was present to
On motion of Mr. Holland, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mabel Estelle Mann was born on August 30, 1910 in
Henrico County, Virginia; and
WHEREAS, her .family moved to Chesterfield County when Mabel
was four years old; and
WHEREAS, along with her family, Mabel joined the Chester
Baptist Church and has been active in the church for many years,
including teaching Sunday School and always ensuring that flowers
were in the church, and she often used her talents to create
beautiful arrangements for special occasions; and
WHEREAS, she attended Chester Agricultural School, graduating
in 1929 from what was then named Chester High School; and
WHEREAS, Mabel played basketball while at Chester High School,
and was captain of the team in 1929; and
WHEREAS, after graduating from high school, she was hired by
DuPont to work at the company' s new plant, and within three months
was promoted to a supervisory position; and
WHEREAS, Mabel married J. Arthur Boyd on September 28, 1931 at
her home in Chester, and the Boyds both worked at DuPont, where
Mabel earned $0.29 an hour and Arthur earned $0.27 an hour,
prompting him to tell people he had married Mabel for her money; and
WHEREAS, in 1933, Mabel and Arthur moved in with Arthur's
mother, who had suffered a stroke, so Mabel could assist with her
J
J
J
10-510
08/25/10
care on the farm, which included a cow, chickens, pigs and a
vegetable garden that needed to be maintained; and
WHEREAS, Mabel and Arthur had three children while living
there and Mabel assisted with caring for Arthur's mother and later,
also a niece whose mother was sent to a tuberculosis sanitarium; and
WHEREAS, following the death of her mother-in-law in 1943,
Mabel and her family moved in with Mabel's mother in her home at the
end of Dale Lane in the county; and
WHEREAS, their son Robert David, or "Bobby" as he was known,
succumbed to meningitis at age 11 during this time; and
WHEREAS, over the years, and particularly during the World War
II years, Mabel and Arthur took in various people who had nowhere to
live, at times housing as many as four families in the home; and
WHEREAS, Mabel will long be remembered for attending to the
needs of others in the Chester community - delivering food to
families, cheering them up with a flower from her award-winning
garden, and countless other acts of kindness; and
WHEREAS, Mabel joined the Chester Garden Club during the
1940s, and was named an Honorary Member for Life in 1995; and
WHEREAS, Mabel and Arthur purchased land off Osborne Road in
the 1940s, and using lumber and other materials from a home they
bought in Amelia County for $200, Arthur built a home on the
property located on the appropriately named Boyd Road, which the
family moved into on March 3, 1953; and
WHEREAS, Arthur became a well-respected homebuilder in
Chesterfield County, and Mabel assisted him with his business; and
WHEREAS, in addition to their three children, Mabel and Arthur
were blessed with six grandchildren and nine great-grandchildren;
and
WHEREAS, Mabel and Arthur celebrated their 50th anniversary on
September 28, 1981, and Arthur passed away in June 1982; and
WHEREAS, one cannot think of Mabel and Arthur Boyd without
remembering the saying, "They sure don't make them like they used
to!"; and
WHEREAS, Chesterfield County, Virginia, is extremely proud to
call Mrs. Mabel Estelle Mann Boyd its own; and
WHEREAS, Mrs. Boyd's 100th birthday on August 30, 2010, is a
suitable time to recognize a lifetime of commitment, compassion,
exemplary accomplishment and a work ethic unsurpassed by anyone.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County
Board of Supervisors, this 25th day of August 2010, publicly
recognizes the inspirational accomplishments and example set by Mrs.
Mabel Estelle Mann Boyd, and on the occasion of her 100th birthday,
extends to her on behalf of all Chesterfield County residents hearty
congratulations and best wishes.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
10-511
08/25/10
Ms. Jaeckle presented the executed resolution to Mrs. Boyd,
accompanied by members of her family and friends, commended
her on her outstanding contributions to the community, and
wished her a happy 100th birthday.
Ms. Blakley presented Mrs. Boyd, who is her great-aunt, with
a bouquet of flowers.
Mrs. Boyd thanked the Board for the recognition.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
o Mr. Stegmaier provided details of national awards recently
received by the county, including the National Association
of State Alcohol and Drug Abuse Directors' 2010 National
Exemplary. Award for Innovative Substance Abuse Prevention
Programs, Practices and Policies received by SAFE
(Substance Abuse Free Environment); the National
Association of Clean Water Agencies (NACWA) Gold Peak
Performance Award received by the Falling Creek Wastewater
Treatment Plant; and the NACWA Silver Peak Performance
Award received by the Proctor's Creek Wastewater Treatment
Plant.
o Mr. Stegmaier provided details of the strong economic
development activity that the county has experienced in
the first two months of FY2010-2011.
o Mr. Stegmaier updated the Board on the Eppes Falls Paving
Project, which is ready to proceed this week and should be
completed by the end of September.
2.B. PRESENTATION REGARDING THE CAPITAL REGION
COLLABORATIVE'S STRAWMAN DRAFT OF REGIONAL PRIORITIES
Mr. Robert Crum, Executive Director of the Richmond Regional
Planning District Commission, briefed the Board .regarding the
Capital Region Collaborative Strawman Draft of Regional
Priorities in the areas of Social Stability and Awareness;
Optimized Educational Excellence; Business and Economic
Development; Appealing Entertainment Destination; and
Leveraged James River.
Mr. Kim Scheeler, President and CEO of the Greater Richmond
Chamber, briefed the Board regarding priorities in the areas
of Healthy Communities and Regionally Coordinated
Transportation. He stated the next step is to get public
input on the Strawman Draft of Priorities.
Mr. Warren stated that history is very important to this
region. He expressed his concerns for state parks and the
involvement and the input of the community in the process.
Mr. Gecker stated the Board would provide a consolidated list
of comments regarding the draft priorities at a later time.
J
J
J
10-512
08/25/10
Ms. Durfee commended the Capital Region Collaborative and Mr.
Scheeler and Mr. Crum for their efforts in compiling the
draft priorities.
Mr. Holland also commended the Collaborative on its efforts
and commented on the success of creating jobs in this
economy.
3. BOARD MEMBER REPORTS
Ms. Jaeckle announced that she is having a constituents'
meeting at Thomas Dale High School on August 26th at 7:00 p.m.
regarding the High Speed Rail issue.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Warren, seconded by Mr. Holland, the Board
deleted Item 8.B.7.c., Request to quitclaim a portion of a
16-foot water easement across the property of Union Boulders
Land, LLC; Delete Item 8.B.7.d., request to Quitclaim a
Portion of a sixteen Foot Water Easement Across the Property
of Richmond Hospitality, LLC., replaced Item 8.B.8., Transfer
and Appropriation of Funds for Replacement of an Emergency
Generator for the Information Systems Technology Building;
moved Item 8.B.15., Approval of the Appointment of Deputy
County Administrators to follow Item 11., Closed Session;
added Item 8.B.17., Request for Music Festival Permit for the
One-Year Anniversary of the Milestone Restaurant and Jazz
Lounge; replaced Item 18.B., Public Hearing to Consider the
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.
Ayes.: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING 2010 NACO ACHIEVEMENT AWARD WINNERS
Ms. Cole stated Chesterfield County is the recipient of five
Achievement Awards from the National Association of Counties
(NACo) this year. The following recipients were recognized
by Mr. Gecker, accompanied by Mr. Stegmaier, and department
representatives were presented with the 2010 NACo Achievement
Awards:
DEPARTMENT
Emergency Communications
PROJECT
Metro Richmond Emergency
Communication Recruitment
Initiative
Human Resource Management
Libraries
Operational Seasonal and
H1N1 Influenza
Preparedness Plan
Consumer Health
Information Project
10-513
08/25/10
Planning Volunteer Sign Removal
Program
Risk Management Drive Safety Program
Mr. Gecker and Mr. Stegmaier congratulated and commended each
department on their recognitions.
5.B. RECOGNIZING 2010 VACO ACHIEVEMENT AWARD WINNER
Ms. Cole stated Chesterfield County's "Whoa Baby" campaign,
created by the Health Department, has been selected as a
winner in the 2010 VACo Achievement Awards Program.
Mr. Gage Harter, Director of Communications for VACo,
presented the award to Ms. Jody Enoch, School Health Nursing
Supervisor, and Ms. Ginell Ampey, Senior Health Educator.
Mr. Gecker and Mr. Stegmaier congratulated and commended the
Health Department on the recognition.
5.D. RECOGNIZING MRS. PATRICIA H. "TRISH" BEASLEY, OFFICE OF
THE COMMISSIONER OF THE REVENUE, UPON HER RETIREMENT
Mr. Horbal introduced Mrs. Patricia Beasley; who was present
to receive the resolution.
On motion of Mr. Gecker, seconded by Mr. Durfee, the Board
adopted the following resolution:
WHEREAS, Mrs. Patricia
from the Office of the
September 1, 2010; and
H. ("Trish") Beasley will retire
Commissioner of the Revenue on
WHEREAS, Mrs. Beasley began her public service with the
county as a clerk-typist in the Office of the License
Inspector on June 10, 1974, and has faithfully served
Chesterfield County for thirty-six years; and
WHEREAS, Mrs. Beasley, through hard work and dedication,
progressed within her career, transferring to the Office of
the Commissioner of the Revenue on August 3, 1981, and
advancing from the position of auditor-assessor to senior
positions including business license supervisor for many
years; and
WHEREAS, Mrs. Beasley grew with the county and
demonstrated versatility and the highest level of customer
service and integrity with her work; and
WHEREAS, Mrs. Beasley worked with the best interest of
her customers at heart, and paid particular attention to
taxpayers, especially contractors, who had special
circumstances affecting their licenses or other regulations;
and
WHEREAS, Mrs. Beasley was often known to come in to work
early and stay late; and
J
J
J
10-514
08/25/10
WHEREAS, Mrs. Beasley remained available to assist her
co-workers and staff, especially with irate taxpayers,
despite a heavy workload; and
WHEREAS, Mrs. Beasley was always willing to share her
knowledge in departmental processes, regularly explaining
complicated steps to co-workers; and
WHEREAS, Mrs. Beasley's vast knowledge, years of
experience, and tireless dedication to supporting and
achieving the goals and objectives of the Office of the
Commissioner of the Revenue have enabled her to make a
significant contribution to the success of this office; and
WHEREAS, more than anything else, Mrs. Beasley has been
a loyal friend to many, never short on comments and advice,
or even a joke or two, with a friendly and fun attitude that
will be sorely missed at the county.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of August 2010,
publicly recognizes the contributions of Mrs. Patricia H.
"Trish" Beasley to the citizens and administration of
Chesterfield County and extends appreciation for her
commitment to the county, congratulations upon her
retirement, and best wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mrs. Beasley, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
Mr. warren presented the executed resolution to Mrs. Beasley,
accompanied by her husband, expressed appreciation for her
outstanding contributions to the county, and congratulated
her on her retirement.
Mrs. Beasley thanked the Board for the recognition and
mentioned she will be going on vacation to Hawaii.
5.E. RECOGNIZING FLAGSTOP CORPORATION AS THE 2010 EMPLOYEE
IMPACT AWARD WINNER IN THE BUSINESS AWARDS PROGRAM
Mr. Davis introduced Mr. Jamie Nester, Vice President of
Operations for Flagstop Corporation, who was present to
receive the resolution.
On motion of Ms. Jaeckle, seconded by Mr. Holland, 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, Flagstop Corporation is located at 11031 Iron
Bridge Road and employs 102 people; and
10-515
08/25/10
WHEREAS, Flagstop Corporation is a full- and self-
service car wash, and several of .its locations also offer a
small business center and quick Tube service; and
WHEREAS, Flagstop Corporation was formed in Chesterfield
County in 1981, continues to maintain its corporate
headquarters in the county, and has grown from one location
to six locations throughout the Greater Richmond Region; and
WHEREAS, Flagstop Corporation's president, Bob Schrum,
leads by example by consistently giving back to the community
through sponsorship of numerous community events and
organizations and serving on the Sustain Our Communities
Committee and other boards and committees; and
WHEREAS, Flagstop-Corporation holds its employees to a
high standard and provides extensive training and support to
help its employees meet and maintain those standards; and
WHEREAS, over 1,000 hours of community service are given
back to Chesterfield County annually by the Flagstop team;
and
WHEREAS, Flagstop Corporation offers a wage and benefits
package to its employees above the industry standard in order
to retain a staff that embraces Flagstop's corporate values
in providing exceptional customer service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of August 2010,
publicly recognizes Flagstop Corporation, expressed gratitude
on behalf of the county for its many contributions to the
county, and congratulates Flagstop Corporation on being
selected as the 2010 Employee Impact Award winner.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Flagstop Corporation and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
Ms. Jaeckle presented the executed resolution to Mr. Nester
and congratulated Flagstop on receiving the 2010 Employee
Impact Award.
Mr. Nester, who has been with Flagstop for sixteen years,
praised the Flagstop President for his hard work and support
of his employees.
Ms. Lenita Gilreath, Director of the Chesterfield County
Chamber, praised Mr. Nester for his hard work and dedication
to Flagstop.
Mr. Stegmaier commended Mr. Nester on his service to the
community.
J
J
10-516
08/25/10
6. WORK SESSIONS
There were no Work Sessions at this time.
7. DEFERRED ITEMS
7.A. STREETLIGHT INSTALLATION REQUEST FOR LITTLE ROAD
Mr. Dupler stated the Board deferred the request for a
streetlight in the vicinity of 20400 Little Road in the
Matoaca District from the July 28th meeting.
Ms. Durfee stated that the streetlight request does not meet
the criteria of the streetlight policy.
Ms. Durfee then made a motion, seconded by Mr. Warren, for
the Board to deny the streetlight request in the Matoaca
District in the vicinity of 20400 Little Road.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Warren, seconded by Mr. Holland, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment of members to serve on various
boards/committees.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.A.1. YOUTH SERVICES CITIZEN BOARD
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
simultaneously nominated/appointed Ms. Sydney Mance,
Midlothian District student representative, to serve on the
Youth Services Citizen Board, whose term is effective July 1,
2010 and expires June 30, 2011.
And, further, the Board simultaneously nominated/appointed
the following adult representatives to serve on the Youth
Services Citizen Board, whose terms are effective July 1,
2010 and expire July 30, 2013: Mr. Kenny Britt, Bermuda
District representative; and Ms. Meghan Coates, Clover Hill
District representative.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.A.2. SOCIAL SERVICES BOARD
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
simultaneously nominated/appointed Reverend Shawn Franco to
serve as an at-large member of the Chesterfield/Colonial
Heights Social Services Board, whose term is effective
September 1, 2010 and expires June 30, 1013. (It is noted
10-517
08/25/10
Reverend Franco will fill the unexpired term of Reverend Dr.
J. Wayne Mancari.)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.A.3. AGRICULTURAL AND FORESTRY COMMITTEE
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
simultaneousl~r nominated/appointed Mr. Mark Landa to serve as
the Bermuda District representative on the Agricultural and
Forestry Committee, whose term is effective immediately and
expires December 31, 2010. (It is noted Mr. Landa will fill
the unexpired term of Mr. Rudy Horak.)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8.B.l.a. RECOGNIZING SEPTEMBER 6-10, 2010, AS "NATIONAL
PAYROLL WEEK" IN CHESTERFIELD COUNTY
On motion of Mr. Holland, seconded by Ms. Durfee the Board
adopted the following resolution:
WHEREAS, the American Payroll Association and its 23,000
members have launched a nationwide public awareness campaign
that pays tribute to the more than 156 million people who
work in the United States and the payroll professionals who
support the American system by paying wages, reporting worker
earnings and withholding federal employment taxes; and
WHEREAS, payroll professionals ~n Chesterfield, Virginia
play a key role in maintaining the economic health of
Chesterfield County, carrying out such diverse tasks as
paying into the unemployment insurance system, providing
information for child support enforcement, and carrying out
tax withholding, reporting and depositing; and
WHEREAS, payroll departments collectively spend more
than $15 billion annually complying with myriad federal and
state wage and tax laws; and
WHEREAS, payroll professionals play an increasingly
important role ensuring the economic security of American
families by helping to identify noncustodial parents and
making sure they comply with their child support mandates;
and
WHEREAS, payroll professionals have become increasingly
proactive in educating both the business community and the
public at large about the payroll tax withholding systems;
and
WHEREAS, payroll professionals meet regularly with
federal and state tax officials to discuss both improving
compliance with government procedures and how compliance can
be achieved at less cost to both government and businesses.
J
J
J
10-518
08/25/10
NOW, THEREFORE, BE IT RESOLVED that the week in which
Labor Day falls has been proclaimed "National Payroll Week,"
the Chesterfield County Board of Supervisors hereby gives
additional support to the efforts of the people who work in
Chesterfield, Virginia and of the payroll profession by
proclaiming September 6-10, 2010, as "National Payroll Week"
in Chesterfield, Virginia.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.l.b. RECOGNIZING MS. MOLLIE CAMERON LUCK UPON ATTAINING
THE GOLD AWARD
On motion of Mr. Holland, seconded by Ms. Durfee 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, 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. Mollie Cameron Luck, Troop 32, sponsored by
Saint Mark's United Methodist Church, has accomplished these
high standards and has been honored with the Girl Scouts of
America Gold Award by the Girl Scout Commonwealth Council of
Virginia, Incorporated; and
WHEREAS, growing through her experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding herself on the great accomplishments of her
country, Mollie is indeed a member of a new generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Ms. Mollie Cameron
Luck, extends congratulations on her attainment of the Gold
Award, and acknowledges the good fortune of the county to
have such an outstanding young woman as its citizen.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
10-519
08/25/10
8.B.l.c. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910; and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Mason Everett Luck,
Troop 2842, sponsored by Swift Creek Baptist Church, Mr.
Michael Kessinger, Troop 876, sponsored by Mount Pisgah
United Methodist Church, and Mr. Ronald Brown, Jr., Troop
2877, sponsored by Chester Presbyterian Church, have
accomplished those high standards of commitment and have
reached the long-sought goal of Eagle Scout which is received
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for a role as a leader in
society, Mason, Michael and Ronald have distinguished
themselves as members of a new generation of prepared young
citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby extends its
congratulations to Mr. Mason Everett Luck, Mr. Michael
Kessinger and Mr. Ronald Brown, Jr. and acknowledges the good
fortune of the county to have such outstanding young men as
its citizens.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.l.d. RECOGNIZING MRS. NANCY TAYLOR, SOCIAL SERVICES
DEPARTMENT, UPON HER RETIREMENT
On motion of Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Mrs. Nancy Taylor was hired as an Eligibility
Worker by the Chesterfield-Colonial Heights Department of
Social Services on August 19, 1985; and
WHEREAS, Mrs. Taylor was promoted to Eligibility
Supervisor on August 14, 1997; and
WHEREAS, Mrs. Taylor has been a member of the benefit
programs team during a period of unprecedented growth in
J
J
J
10-520
08/25/10
applications and caseloads and has contributed to the
consistently exceptional performance of the division; and
WHEREAS, Mrs. Taylor supported or participated on
various departmental teams and workgroups such as the goal
group that benchmarked service delivery with other local
departments of social services and the workgroup that
conducted a time study of customer wait time; and
WHEREAS, Mrs. Taylor participated on several statewide
workgroups such as the Virginia Department of Social Services
Benefit Programs Caseload Standards Task Force and the Food
Stamp Refresher Training workgroup, which planned a payment
accuracy conference; and
WHEREAS, Mrs. Taylor completed the requirements for the
Chesterfield University Certificate in Supervising in a
Quality Environment, as well as the Supervisory Leadership
Institute, is a TQI graduate and has used quality improvement
tools to constantly improve department processes; and
WHEREAS, Mrs. Taylor consistently modeled the county and
the department's customer service standards and often goes
the extra mile to assist customers in providing the services
they need, and was selected as the first department Employee
of the Year in 1995 because of her extraordinary customer
service; and
WHEREAS, Mrs. Taylor is known for her positive attitude
that benefits the entire department as she leads her staff
and contributes to the mission of the department; and
customer service.
WHEREAS, Mrs. Taylor is also known for her personal
concern for the employees she supervises and encourages them
to develop to their full professional potential; and
WHEREAS, Mrs. Taylor has performed her job duties with
the highest degree of integrity, dedication and commitment
over the years and exemplifies the essence of quality
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Nancy Taylor, expressed 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: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.l.e. RECOGNIZING CAREER OFFICER MARK K. SEYMOUR, POLICE
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Career Officer Mark K. Seymour will retire from
the Chesterfield County Police Department on September 1,
2010, after providing 31 years of quality service to the
citizens of Chesterfield County; and
10-521
08/25/10
WHEREAS, Career Officer Seymour began his career as a
school teacher with the Chesterfield County Public Schools
where he also served as a coach; and
WHEREAS, Career Officer Seymour has faithfully served
the county in the capacity of Police Officer, Investigator,
Sergeant, School Resource Officer, Senior Officer, Master
Officer, and Career Officer; and
WHEREAS, during his tenure .with the Chesterfield County
Police Department, Career Officer Seymour served diligently
in the Uniform Operations Bureau, Personnel and Training
Division, Investigations Bureau and the Support Services
Division; and
WHEREAS, Career Officer Seymour was chosen as the Police
Department Rookie of the Year in 1982; and
WHEREAS, Career Officer Seymour was awarded the Police
Department Certificate of Achievement for his key role in
presenting the concept of Community Policing to 324 members
of the department over a three-month period; and
.WHEREAS, Career Officer Seymour received the Police
Chief's Commendation Award for distinguishing himself through
his quick response, teamwork and investigative skills after
arriving at an active shooting scene; and
WHEREAS, Career Officer Seymour made significant
contributions while serving on the Police Memorial Committee,
the Cultural Diversity Committee, the Advisory Committee for
Minority Recruitment and Retention, and the Domestic Violence
Task Force; and
WHEREAS, Career Officer Seymour was individually
recognized by Virginia Governor James S. Gilmore, III for his
active participation in the 4-SAFE-VA School Safety Training
Program; and
WHEREAS, Career Officer Seymour 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, Career Officer Seymour has received numerous
letters of commendation,. thanks and appreciation from the
citizens of Chesterfield County for service rendered; and
WHEREAS, Career Officer Seymour 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 Career Officer Seymour's diligent
service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Career Officer Mark K.
Seymour, 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, Warren and Durfee.
Nays: None.
J
J
10-522
08/25/10
8.B.l.f. RECOGNIZING MRS. LAUREL B. FOEGE, SOCIAL SERVICES
DEPARTMENT, UPON HER RETIREMENT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Mrs. Laurel B. Foege began her career in public
social services in 1977 in Goochland, Virginia, and in 1982,
joined the Chesterfield County-Colonial Heights Department of
Social Services; and
WHEREAS, Mrs. Foege has served in the Chesterfield
County-Colonial Heights Department of Social Services
continually since that time; and
WHEREAS, in her roles as social worker in the Goochland
Department of Social Services and the Chesterfield-Colonial
Heights Department of Social Services, Mrs. Foege has served
individuals, families and the community competently and with
compassion through the agency's social work programs; and
WHEREAS, she has used her social-work education and
skills to provide direct services, supervision and leadership
in the areas of child protective services; foster
care/adoption services; administration of the WIN program
(Work Incentive Program); adult services and protective
services; and intake services; and
WHEREAS, Mrs. Foege has been instrumental in increasing
staffing in adult services in order to serve citizens more
effectively and in presenting ongoing information and data to
support the innovative addition of a clinician position to
provide mental health services for adult services recipients;
and
WHEREAS, she has supported staff development by serving
on various subcommittees in order to help others to enhance
their professional knowledge in the field of adult services;
and
WHEREAS, Mrs. Foege has continually worked to improve
the social services system through her contributions on
agency, community, and state-level workgroups and task forces
addressing policy, practice and programs; and
WHEREAS, Mrs. Foege's work during a career as a
dedicated public servant in the field of social services has
vastly improved the lives of many individuals and families.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Laurel B. Foege, expressed the
appreciation of all Chesterfield County residents for her
service, and offers congratulations upon her retirement.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.l.g. RECOGNIZING MS. PRISCILLA L. CARTER, SOCIAL
SERVICES DEPARTMENT, UPON HER RETIREMENT
10-523
08/25/10
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Ms. Priscilla L. Carter began her career in
public social services in 1969 in Petersburg, Virginia, and
in 1990, joined the Chesterfield County-Colonial Heights
Department of Social Services; and
WHEREAS, Ms. Carter has
Chesterfield County-Colonial
Services since that time; and
held several positions in the
Heights Department of Social
WHEREAS, at one time, Ms. Carter served as Medicaid
Worker-Baby Care, thereby simultaneously serving Social
Services and the Health Department; and
WHEREAS, in those dual, challenging roles, Ms. Carter
was recognized as employee of the year, and also received
numerous letters of commendation for the manner in which she
discharged her duties; and
WHEREAS, Ms. Carter also has served as Social Worker
Intake-Adult and Child Protective Services, Adult Services
and Adult Protective Services; and
WHEREAS, in performing these functions, Ms. Carter was
again recognized for the professional and courteous service
she provided and for her efforts to improve the lives of
those in the community whom she has assisted; and
WHEREAS, she also has-been a representative for the
Southside Virginia Continuum of Care and served on several
goal groups, and has worked to improve the lives of elderly
and disabled individuals by serving on the speakers' bureau
to educate the community about Adult Protective Services
policies and procedures; and
WHEREAS, Ms. Carter has served on various committees,
including the Quality Council, and has served as her agency's
United Way representative; and
WHEREAS, Ms. Carter completed all of the requirements of
the county's TQI University, and also completed the
Leadership and Supervisory Institute; and
WHEREAS, Ms. Carter has been a strong and dedicated
advocate for the elderly and has used all available internal
and external resources to maximize the delivery of services
to that segment of the population.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Ms. Priscilla L. Carter, expressed the
appreciation of all Chesterfield County residents for her
service, and offers congratulations upon her retirement.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
J
J
J
10-524
08/25/10
8.B.l.h. RELATING TO AGREEMENTS FOR FINANCING THROUGH THE
ECONOMIC DEVELOPMENT AUTHORITY FOR 1) CONSTRUCTION
OF THE I-295/MEADOWVILLE ROAD INTERCHANGE PROJECT
AND 2) ISSUANCE AND SALE OF PUBLIC FACILITY REVENUE
REFUNDING BONDS FOR THE CHESTERFIELD JWENILE
COURTS PROJECT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution:
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, APPROVING A SUPPORT AGREEMENT BY AND
BETWEEN THE COUNTY AND THE ECONOMIC DEVELOPMENT AUTHORITY OF
THE COUNTY OF CHESTERFIELD AND AUTHORIZING THE EXECUTION AND
DELIVERY OF SUCH SUPPORT AGREEMENT BY THE COUNTY; AND
APPROVING THE AUTHORIZATION, ISSUANCE AND SALE BY THE
ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD
OF NOT TO EXCEED EIGHT MILLION DOLLARS ($8,000,000) PRINCIPAL
AMOUNT OF ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF
CHESTERFIELD PUBLIC FACILITY REVENUE REFUNDING BONDS, SERIES
2010A (CHESTERFIELD COUNTY JUVENILE COURTS PROJECT), AND NOT
TO EXCEED ELEVEN MILLION TWO HUNDRED NINETY THOUSAND DOLLARS
($11,290,000) PRINCIPAL AMOUNT OF ECONOMIC DEVELOPMENT
AUTHORITY OF THE COUNTY OF CHESTERFIELD TAXABLE RECOVERY ZONE
ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2010B (MEADOWVILLE
TECHNOLOGY PARK PROJECT)
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF CHESTERFIELD, VIRGINIA:
Section 1: Findings and Determinations. The Board
of Supervisors (the "Board of Supervisors") of the County of
Chesterfield, Virginia (the "County"), hereby finds and
determines as follows:
(a) The Economic Development Authority of the
County of Chesterfield (the "Authority") is a political
subdivision of the Commonwealth of Virginia organized and
operating under the Virginia Industrial Development and
Revenue Bond Act (the "Act"), Chapter 49, Title 15.2 of the
Code of Virginia, 1950 (the "Virginia Code").
(b) The Act authorizes the Authority to acquire,
improve, maintain and equip "Authority facilities", as
defined in the Act, to finance facilities for use by, among
others, a county, to issue its revenue bonds, notes and other
obligations from time to time for such purposes and to pledge
all or any part of its assets, whether then owned or
thereafter acquired, as security for the payment of the
principal of and interest on any such obligations.
(c) (i) On April 22, 1999, the Authority issued its
$16,100,000 principal amount of Public Facility Lease Revenue
Bonds, Series 1999 (Chesterfield County Juvenile Courts
Project), dated April 1, 1999 and maturing on November 1 in
each of the years 2000 through 2019, both inclusive (the
"Series 1999 Bonds"), to finance the costs incurred in
connection with the acquisition, construction and equipping
of a new Juvenile Courts Building on behalf of the County.
(ii) The Series 1999 Bonds maturing on and after
November 1, 2010 are subject to redemption at the option of
10-525
08/25/10
the Authority at the direction of the County on or after
November 1, 2009, in whole or in part at any time.
(iii) The Authority, upon the request of the
County, is willing to refund on a current basis $7,245,000
outstanding principal amount of the Authority's Series 1999
Bonds maturing on November 1 in each of the years 2011
through 2019, both inclusive (the "Refunded Series 1999
Bonds"), which are subject to redemption and are to be
redeemed on November 1, 2010 at a redemption price equal to
100.5% of the principal. amount of the Refunded Series 1999
Bonds to be redeemed, together with interest accrued on the
principal amount of the Series 1999 Bonds to be redeemed to
the date fixed for the redemption thereof.
(iv) In furtherance of the purposes of the Act, the
Authority, at the request of the County, is willing to issue,
sell and deliver its not to exceed $8,000,000 principal
amount of Public Facility Revenue Refunding Bonds,
Series 2010A (Chesterfield County Juvenile Courts Project)
(the "Series 2010A Bonds"), and to use the proceeds of sale
of the Series 2010A Bonds to refund the Refunded Series 1999
Bonds on a current basis and to pay the-costs of issuance of
the Series 2010A Bonds.
(d) (i) The County and the Authority have
heretofore entered into an Amended and Restated Development
Agreement for Meadowville Technology Park, dated as of
January 1, 2005 (the "Development Agreement"), relating to
the then-proposed Meadowville Technology Park (the
"Meadowville Technology Park" or the "Park"), located in the
Bermuda Magisterial District adjacent to the James River in
the County.
(ii) The Development Agreement stated that it was
"contemplated that the proposed Park would be developed as an
industrial and office park, with an emphasis on clean, high-
tech industries and that parcels of real property would be
sold or dedicated to businesses over time to construct
offices, manufacturing/assembly plants, logistical support
and related technology facilities within the Park. Portions
of the area encompassing the Park would be preserved as
wetlands or used to build a system of streets and roads and
other infrastructure improvements within the Park, including
an interchange with Interstate I-295".
(iii) On January 27, 2005, the Authority issued
$6,490,000 principal amount of its Variable Rate Revenue
Bonds, Series 2005A (Meadowville Technology Park Project),
dated January 27, 2005, and $11,630,000 principal amount of
its Variable Rate Revenue Bonds, Taxable Series 2005B
(Meadowville Technology Park Project), dated January 27,
2005, to finance the acquisition of certain real property
within the area encompassing the Meadowville Technology Park,
including areas to be preserved as wetlands and used to build
a system of streets and roads and other infrastructure
improvements within the Park, and to finance certain of such
infrastructure improvements within the Park.
(iv) The Authority, at the request of the County,
is willing to undertake a project. consisting of the
acquisition of the real property for the interchange with
Interstate I-295 referred to in Section 1(d)(ii) hereof and
the acquisition and construction of the interchange with
J
J
J
10-526
08/25/10
Interstate I-295 (the "Project"), which will be in the public
interest of the County and its environs and will benefit the
Commonwealth of Virginia and its citizens by facilitating the
public purpose of economic development in the County.
(v) In furtherance of the purposes of the Act, the
Authority, at the request of the County, is willing to
issue, sell and deliver its not to exceed $11,290,000
principal amount of Taxable Recovery Zone Economic
Development Revenue Bonds, Series 2010B (Meadowville
Technology Park Project) (the "Series 2010B Bonds", and,
collectively with the Series 2010A Bonds, the "Bonds"), and
to use the proceeds of sale of the Series 2010B Bonds to
finance a portion of the costs of the acquisition and
construction of the Project and to pay the costs of issuance
of the Series 2010B Bonds.
(e) The Board of Supervisors desires to authorize
the County Administrator to execute and deliver a Support
Agreement, dated as of September 1, 2010 (the "Support
Agreement"), by and between the County and the Authority,
under which, as security for the payment of the debt service
on the Bonds, the County would agree to make payments on
behalf of the Authority on a periodic basis in accordance
with the provisions of the Support Agreement in an amount
equal to the gross debt service on the Bonds, the agreement
of the County with respect to such payments to be more fully
provided for in an Indenture of Trust, dated as of
September 1, 2010 (the "Indenture of Trust"), by and between
the Authority and U.S. Bank National Association, as Trustee
(the "Trustee"), and related documents providing for the
issuance and security for the Bonds, such payments by the
County to be subject to annual appropriation by the Board of
Supervisors and to further authorize the County Administrator
and other officials of the County to prepare disclosure
documents for use by the Authority in connection with the
authorization, issuance, sale and delivery of the Bonds. The
Board of Supervisors further desires to approve the form and
the terms, conditions and provisions of the Indenture of
Trust and the form and the terms, conditions and provisions
of an Escrow Deposit Agreement, dated as of September 1, 2010
(the "Escrow Deposit Agreement"), by and between the
Authority and U.S. Bank National Association, as Escrow Agent
(the "Escrow Agent"), providing for the refunding on a
current basis and defeasance of the Refunded Series 1999
Bonds.
Section 2: Approval of Issuance of Bonds and Related
Actions. (a) The Board of Supervisors hereby approves the
issuance by the Authority under the Indenture of Trust and
secured thereby of (i) not to exceed $8,000,000 principal
amount of Economic Development Authority of the County of
Chesterfield Public Facility Revenue Refunding Bonds, Series
2010A (Chesterfield County Juvenile Courts Project)
(heretofore defined as the "Series 2010A Bonds"), and the use
by the Authority of the proceeds of sale of the Series 2010A
Bonds to refund the Refunded Series 1999 Bonds on a current
basis and to pay the costs of issuance of the Series 2010A
Bonds, and (ii) not to exceed $11,290,000 principal amount of
Economic Development Authority of the County of Chesterfield
Taxable Recovery Zone Economic Development Bonds, Series
2010B (Meadowville Technology Park Project) (heretofore
defined as the "Series 2010B Bonds") and, collectively with
10-527
08/25/10
the Series 2010A Bonds, the "Bonds"), and the use by the
Authority of the proceeds of sale of the Series 2010B Bonds
to pay a portion of the costs of the acquisition and
construction of the Project and to pay the costs of issuance
of the Series 2010B Bonds.
(b) The Board of Supervisors hereby approves, and
ratifies and confirms the provisions of the .resolution
adopted by the Board of Directors of the Authority on
August 19, 2010 (the "Board of Directors Resolution"),
including the approval by the Board of Directors of the
Authority of the forms and the terms, conditions and
provisions, and the execution and delivery of, the Indenture
of Trust, the Escrow Deposit Agreement and the Bond Purchase
Agreement (as defined therein) and the ratification and
confirmation of the appointment of the Trustee, the Escrow
Agent, Morgan Keegan & Company, Inc., as the Underwriter (the
"Underwriter"), and The Arbitrage Group, Inc., as the
Verification Agent.
(c) The Board of Supervisors hereby approves the
forms and the terms, conditions and provisions of the
Indenture of Trust and the Escrow Deposit Agreement.
Section 3: Approval of Form of Support Agreement
and Terms, Conditions and Provisions Thereof; Execution and
Delivery of Support Agreement. The form of the Support
Agreement, presented to and filed with the minutes of the
meeting of the Board of Supervisors at which this resolution
is being adopted, and the terms, conditions and provisions
thereof, are hereby approved, ratified and confirmed and the
County Administrator is hereby authorized and directed to
execute and deliver to the Authority the Support Agreement in
such form, together with such changes as shall be approved by
the County Administrator, upon the advice of counsel
(including the. County Attorney and Bond Counsel), such
approval to be conclusively evidenced by the execution
thereof by the County Administrator.
Section 4: Approval of Sale of Bonds. The Board
of Supervisors hereby approves the sale of the Bonds to the
Underwriter pursuant to the terms, conditions and provisions
of the Bond Purchase Agreement; provided that (i) in no event
shall the maximum maturity of the Bonds of any series shall
be in excess of thirty (30) years from the dated date of the
Bonds of such series, (ii) in no event shall the true
interest cost to the Authority with respect to any series of
the Bonds exceed six percent (6.OOo) (provided, however, that
in calculating the true interest cost to the Authority for
any series of Recovery Zone Economic Development Bonds or
Build America Bonds the Authority may take into account any
interest rate subsidy payable to the Authority by the United
States) and (iii) in no event shall any redemption premium
payable by the Authority upon the- optional redemption of the
Bonds of any series exceed two percent (2.OOo).
Section 5: Transfer of Recoverv Zone Economic Bonds
Volume Cap Allocation to Authority. (a) The Board of
Supervisors confirms that on December 2, 2009 the Board of
Supervisors adopted a resolution designating the entire
County as a "recovery zone" for purposes of Section
1400U-1(b) of the Internal Revenue Code of 1986 (the "Code").
(b) The Board of Supervisors hereby confirms that
J
J
J
10-528
08/25/10
on February 11, 2 010 the Chief of Staf f of the Office of the
Governor of the Commonwealth of Virginia, as Re-allocation
Director under Executive Order Ninety-Four (2009), entitled
"Use of Virginia Recovery Zone Volume Cap Allocations
Provided Under the American Recovery and Reinvestment Act of
2009", issued by the Governor of the Commonwealth of Virginia
on September 30, 2009, as supplemented by Executive Order One
Hundred Two (2009), entitled "Reissuance of Executive Order
Regarding Use of Virginia Recovery Zone Volume Cap
Allocations Provided Under the American Recovery and
Reinvestment Act of 2009", issued by the Governor of the
Commonwealth on December 4, 2009, notified the County that
the County had been awarded an additional volume cap
allocation in the amount of $1,292,874 for the issuance of
"Recovery Zone Economic Development Bonds" under Section
1400U-2 of the Code, as added by the American Recovery and
Reinvestment Act of 2009, in addition to the volume cap
allocation for the issuance of "Recovery Zone Facility Bonds"
in the amount of $9,998,000 allocated to the County pursuant
to Notice 2009-50 promulgated by the Internal Revenue
Service, for a total volume cap allocation for issuance of
"Recovery Zone Economic Development Bonds" in the amount of
$11,290,874.
(c) In order to enable the Authority to issue the
Series 2010B Bonds as "Taxable Recovery Zone Economic
Development Bonds", the County hereby transfers to the
Authority such volume cap allocation in the amount of
$11,290,874 for the issuance of "Recovery Zone Economic
Development Bonds".
Section 6: Approval of Preparation and Execution
and Delivery of Disclosure and Other Documents for Use by the
Authority in Connection with the Authorization, Issuance,
Sale and Delivery of and Security For the Bonds. (a) The
Board of Supervisors hereby approves the preparation and
execution on behalf of the County by the County Administrator
or other officials of the County of disclosure and other
documents for use by the Authority in connection with the
authorization, issuance, sale and delivery of and security
for the Bonds in such form as shall be consistent with the
provisions of this resolution and as shall be approved by
counsel to the County (including the County Attorney or Bond
Counsel to the County), such approval to be conclusively
evidenced by the execution thereof by the County
Administrator or other officials of the County.
(b) In implementation of subsection (a) hereof, the
Board of Supervisors herby approves (i) the preparation on
behalf the County by the County Administrator or other
officials of the County of an appendix to the Preliminary
Official Statement and the final Official Statement of the
Authority relating to the Bonds setting forth demographic,
financial and other information with respect to the County,
(ii) the inclusion of the most recent audited financial
statements of the County as an appendix to the Preliminary
Official Statement and the final Official Statement of the
Authority relating to the Bonds, and (iii) the execute and
delivery at the closing for the issuance of the Bonds by
appropriate officials of the County of one or more
certificates with respect to the disclosure pertaining to the
County set forth in the final Official Statement of the
Authority relating to the Bonds as required by the provisions
10-529
08/25/10
of the Bond Purchase Agreement.
Section 7: Ap ropriation of Net Proceeds of Sale of
Series 2010A Bonds. The Board of Supervisors hereby approves
the appropriation on behalf of the County of the proceeds of
sale of the Series 2010A Bonds received by the Authority, on
behalf of the County, net of the costs of issuance of the
Series 2010A Bonds, to the refunding of the Refunded Series
1999 Bonds on a current basis and the deposit with the Escrow
Agent in the Escrow Deposit Fund created and established
under the Escrow Deposit Agreement of such proceeds of sale
of the Series 2010A Bonds, net of the costs of issuance of
the Series 2010A Bonds, to provide for the payment of the
interest on the Refunded Series 1999 Bonds to November 1,
2010 and the payment of the redemption prices of the Refunded
Series 1999 Bonds upon the redemption thereof on November 1,
2010.
Section 8: Authorization of Reimbursement of
Expenditures in Advance of Issuance and Receipt of Proceeds
of Series 2010B Bonds. The Board of Supervisors hereby
authorizes the Authority and the County to make expenditures
on the Project in advance of the issuance and receipt of the
proceeds of the Series 2010B Bonds and to reimburse such
expenditures from the proceeds of the Series 2010B Bonds.
The adoption of this resolution shall be considered as an
"official intent" within the meaning of Section 1.150-2 of
the Treasury Regulations promulgated by the. Internal Revenue
Service under Section 103 of the Code.
Section 9: Further Action. The County
Administrator or any Deputy County Administrator, the County
Attorney, the Director of Budget and Management, the Director
of Accounting, the County Treasurer and the Clerk of the
Board of Supervisors, or any of them, are hereby authorized
to take all such further action as they, or any of them,
shall deem to be necessary and desirable to carry out the
purposes of and to consummate the transactions contemplated
by this resolution.
Section 10: Invalidity of Sections, Paragraphs,
Clauses or Provisions. If any section, paragraph, clause or
provision of this resolution shall be held invalid or
unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph, clause or
provision shall not affect any of the remaining portions of
this resolution.
Section 11: Headings of Sections. The headings of
the sections of this resolution shall be solely for
convenience of reference and shall not affect the meaning,
construction, interpretation or effect of such sections or of
this resolution.
Section 12: Effective Date. This resolution shall
take effect upon its adoption.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
J
J
J
10-530
08/25/10
8.B.2. APPROVAL OF THE RENAMING OF A PORTION OF COUNTRY LANE
TO DURRETTE DRIVE
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the renaming of a portion of Country Lane, located
in Fuqua Farms, Section C, recorded on April 4, 1964 in Plat
Book 13, Page 98 to Durrette Drive. (It is noted the Tax
ID's for the one affected parcel is 782678333400000).
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.3. AUTHORIZE THE COUNTY ADMINISTRATOR TO RENEW A HEALTH
CARE CONTRACT WITH ANTHEM BLUE CROSS AND BLUE SHIELD
AND EXECUTE A DENTAL CARE CONTRACT WITH DELTA DENTAL
PLAN OF VIRGINIA FOR 2011
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
authorized the County Administrator to renew the county's
contract with Anthem Blue Cross and Blue Shield and execute a
contract with Delta Dental Plan of Virginia for 2011 at rates
filed with the papers of this Board.)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.4. SET DATES FOR PUBLIC HEARINGS
8.B.4.a. TO CONSIDER PROPOSED TEMPORARY REDUCTIONS IN
PLANNING DEPARTMENT FEES
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
set the date of September 22, 2010 at 6:30 p.m. for a public
hearing for the Board to .consider proposed temporary
reductions in Planning Department fees.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.4.b. TO CONSIDER THE ABANDONMENT OF CORNERSTONE
RC)TTT.F.VART1
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
adopted the following resolution to set the date of October
13, 2010 at 6:30 p.m. for a public hearing to consider the
abandonment of Cornerstone Boulevard:
RESOLUTION OF CHESTERFIELD COUNTY'S INTENTION TO
CONSIDER A RESOLUTION AND ORDER TO ABANDON
CORNERSTONE BOULEVARD, STATE ROUTE 2351
Pursuant to Section 33.1-151 of the Code of Virginia, 1950,
as amended, be it resolved that the Chesterfield County Board
of Supervisors hereby gives notice that at a regular meeting
to be held on October 13, 2010, at 6:30 p.m. it will consider
a Resolution and Order to abandon Cornerstone Boulevard,
State Route 2351, a distance of 0.10 miles, since it serves
no public necessity and is no longer needed as part of the
Secondary System of State Highways.
10-531
08/25/10
Accordingly, the Clerk of the Board shall send a copy of this
Resolution to the Commonwealth Transportation Commissioner.
The clerk shall further cause to be published and posted the
required notices of the Board's intention to abandon
Cornerstone Boulevard, State Route 2351.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.5. REQUESTS FOR PERMISSION
8.B.5.a. FROM ANN S. BEALL FOR AN EXISTING GRAVEL DRIVEWAY
TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT
ACROSS LOT 1, BURROUGHS BLUFF, SECTION 1
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved a request from Ann S. Beall for permission for an
existing gravel driveway to encroach within a 16-foot
drainage easement across Lot 1, Burroughs Bluff, Section 1,
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, Warren and Durfee.
Nays: None.
8.B.5.b. FROM JAROD A. AMBROSINO FOR A PROPOSED FENCE TO
ENCROACH WITHIN AN EIGHT-FOOT EASEMENT, A VARIABLE
WIDTH DRAINAGE AND SANITARY SEWER EASEMENT, A
TWENTY-FOOT DRAINAGE EASEMENT AND A THIRTY-FOOT
TEMPORARY CONSTRUCTION EASEMENT ACROSS LOT 44,
HARTLEY VILLAGE AT CHARTER COLONY
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved a request from Jarod A. Ambrosino for permission for
a proposed fence to encroach within an 8-foot easement, a
variable width drainage and sanitary sewer easement, a 20-
foot drainage easement and a 30-foot temporary construction
easement across Lot 44, Hartley 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, Warren and Durfee.
Nays: None.
8.B.5.c. FROM DOUGLAS F. BARE AND KAREN S. BARE FOR A
PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT
EASEMENT AND A SIXTEEN-FOOT DRAINAGE EASEMENT
ACROSS LOT 27, STEWART VILLAGE, SECTION A AT
CHARTER COLONY
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved a request from Douglas F. Bare and Karen S. Bare for
permission for a proposed fence to encroach within an 8-foot
easement and a 16-foot drainage easement across Lot 27,
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, Warren and Durfee.
Nays: None.
J
J
J
10-532
08/25/10
8.B.5.d. FROM MARTIN MARIETTA MATERIALS, INCORPORATED 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 Martin Marietta Materials, Inc. 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, Warren and Durfee.
Nays: None.
8.B.5.e. FROM CHRISTOPHER L. MOORE AND AMANDA C. MOORE FOR A
PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT
DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS
LOT 48, HAYWOOD VILLAGE, SECTION A AT CHARTER
COLONY
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved a request from Christopher L. Moore and Amanda C.
Moore for permission for a proposed fence to encroach within
a 16-foot drainage easement and an 8-foot easement across Lot
48, Haywood 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, Warren and Durfee.
Nays: None.
8.B.6. ACCEPTANCE OF PARCELS OF LAND
8.B.6.a. FOR THE EXTENSION OF OAKLAKE COURT FROM
SPORTSQUEST, LLC
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 Sportsquest,
LLC, and authorized the County Administrator to execute the
deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.6.b. ALONG RIVER ROAD FROM UNION BRANCH BAPTIST CHURCH
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.2475
acres along River Road from Union Branch Baptist Church, and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board . )
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
10-533
08/25/10
8.B.6.c. ALONG OMO ROAD AND IRON BRIDGE ROAD FROM BESSIE
r.vu~u nnv
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
accepted the conveyance of two parcels of land containing a
total of 0.113 acres along Omo Road and Iron Bridge Road from
Bessie Lynch Day, 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, Warren and Durfee.
Nays: None.
8.B.6.d. ALONG IRON BRIDGE ROAD FROM J AND B REALTY, LLC
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.559
acres along Iron Bridge Road from J & B Realty, LLC, and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.7. REQUESTS TO QUITCLAIM
8.B.7.a. A PORTION OF A TWENTY-FOOT SEWER EASEMENT ACROSS
THE PROPERTY OF ELLWOOD PROPERTIES, LC
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 a quitclaim deed to vacate a
portion of a 20-foot sewer easement across the property of
Ellwood Properties, LC. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.7.b. A PORTION OF A TWENTY-FOOT SEWER EASEMENT ACROSS
THE PROPERTY OF IDLEWOOD PROPERTIES, 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 a quitclaim deed to vacate a
portion of a 20-foot sewer easement across the property of
Idlewood Properties, Inc. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
J
J
J
10-534
08/25/10
8.B.8. TRANSFER AND APPROPRIATION OF FUNDS FOR REPLACEMENT
OF AN EMERGENCY GENERATOR FOR THE INFORMATION SYSTEMS
TECHNOLOGY BUILDING
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
increased appropriations by $290,400 to the IST generator
replacement capital project and transferred the funds from
the county's Reserve for Capital Projects.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.9. REQUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT FOR
CHESTERFIELD BERRY FARM'S MUSIC FESTIVAL SERIES
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved a request for a music/entertainment festival permit for
Chesterfield Berry Farm's Music Festival Series on Saturdays and
Sundays from September 18, 2010 through October 31, 2010.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.10. INSTALLATION OF STREETLIGHTS AT MIDLOTHIAN MIDDLE
SCHOOL
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
appropriated $85,500. in cash proffers and increased
appropriations in Schools CIP for the Midlothian Middle
Streetlights Project by $85,500.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.11. APPROPRIATION OF ROAD CASH PROFFER FUNDS AND
AUTHORIZATION TO PROCEED WITH THE BRANDERS BRIDGE
ROAD (OLD HAPPY HILL ROAD TO HAPPY HILL ROAD)
RECONSTRUCTION PROJECT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
appropriated $1,083,000 in road cash proffers from Traffic
Shed 18 for the Branders Bridge Road (Old Happy Hill Road to
Happy Hill Road) Reconstruction Project; authorized the
County Administrator to proceed with the design and right-of-
way acquisition, including advertisement of an eminent domain
public hearing if necessary; authorized the County
Administrator to enter into the customary VDOT and
environmental permits/mitigation agreements; authorized the
Chairman of the Board of Supervisors and County Administrator
to execute easement agreements for relocation of utilities;
and authorized the County Administrator to award a
construction contract, up to $642,000, to the lowest
responsible bidder.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
10-535
08/25/10
8.B.12. STATE ROAD ACCEPTANCE
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 EngineeY' for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Briarcliff Section 5
Type Change to the Secondary Svstem 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
• Pullbrooke Drive, State Route Number 3059
From: Pullbrooke Ct., (Rt. 7509)
To: Cul-de-sac, a distance of: 0.10 miles.
Recordation Reference: Pb. 176, Pg. 24
Right of Way width (feet) = 40
• Pullbrooke Court, State Route Number 7509
From: Pullbrooke Dr., (Rt. 3059)
To: Cul-de-sac, a distance of: 0.04 miles.
Recordation Reference: Pb. 176, Pg. 24
Right of Way width (feet) = 40
• Pullbrooke Drive, State Route Number 3059
From: 0.12 mi. E of Marblethorpe Rd., (Rt. 1848)
To: Pullbrooke Ct., (Rt. 7509), a distance of: 0.07 miles.
Recordation Reference: Pb. 176, Pg. 24 ,
Right of Way width (feet) = 50
• Pullbrooke Circle, State Route Number 7510
From: Pullbrooke Dr., (Rt. 3059)
To: Cul-de-sac, a distance of: 0.07 miles.
Recordation Reference: Pb. 176, Pg. 24
Right of Way width (feet) = 40
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
J
J
J
10-536
08/25/10
8.B.13. APPROVAL OF THE SECOND AMENDMENT TO THE SALE
CONTRACT WITH CROSLAND, LLC FOR CLOVERLEAF MALL
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the Second Amendment to the Amended and Restated
Purchase and Sale Agreement with Crosland, LLC for Cloverleaf
Mall. (It is noted a copy of the amendment is filed with the
papers of this Board.)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.14. RESTORE FUNDING FOR IMPROVEMENTS AT CLOVER HILL
SPORTS COMPLEX AND HUGUENOT PARK
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
transferred $340,000 from the county's Reserve for Capital
Projects to the Parks and Recreation Capital Improvement
Program to restore funding for improvements at Clover Hill
Sports Complex and Huguenot Park.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.16. APPROVAL OF FY2011 CHESTERFIELD COMMUNITY SERVICES
BOARD PERFORMANCE CONTRACT
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the FY2011 Performance Contract between the
Chesterfield Community Services Board and the Virginia
Department of Behavioral Health and Developmental Services.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
8.B.17. REQUEST FOR MUSIC FESTIVAL PERMIT FOR THE ONE-YEAR
ANNIVERSARY OF THE MILESTONE RESTAURANT AND JAZZ
LOUNGE
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved a music festival permit for the one-year anniversary
of the Milestone Restaurant and Jazz Lounge to be held
September 11, 2010, with a rain date of October 9, 2010,
subject to the conditions recommended by staff and filed with
the papers of this Board.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
The following item was removed from the Consent Agenda for
public comment:
8.B.l.i. REGARDING THE TIER II DRAFT ENVIRONMENTAL IMPACT
STATEMENT FOR THE SOUTHEAST HIGH SPEED RAIL PROJECT
Ms. Jaeckle expressed concerns relative to the short period
of time allowed for citizen input prior to the Board being
requested to approve comments for the environmental impact
10-537
08/25/10
statement. She stated when the issue of high speed rail
first came up, she met with the Chamber and was told that the
speed would not be high enough to require cross-overs or
cross-unders in the closing of at-grade crossings, but later
learned in July that the at-grade crossings are proposed to
be closed again. She further stated the Board of Supervisors
has emphasized that citizen input and data are imperative to
its decision-making and expressed concerns-that the Board has
only been given 30 days, which has now been extended to 40
days, to provide input on the environmental impact statement,
with virtually no data as to ridership on the Charlotte to
Richmond route. She stated the details of construction costs
are very vague, and there is no hint of what the states will
be required to provide for operating costs and what other
transportation projects will be sacrificed for this project.
She stated she held a constituents' meeting regarding the
subject on August 24th and will hold another one at Thomas
Dale High School on August 26th because many citizens had
indicated to her that the public comment meetings were more
like rallies for high speed rail, and they felt too
intimidated to ask questions and voice concerns. She
expressed concerns about the Board supporting anything when
enough time had not been allowed for citizen input. She
stated there are seven grade crossings in the Bermuda
District, and the closing of the crossings and the building
of over- and under-passes would dramatically alter the
landscape of the district. She further stated concerns were
expressed at her constituents' meeting relative to the impact
of the closures on Fire and EMS responses to emergency calls;
the opportunity for traffic engineers to study how the re-
routing affects the intersections; whether lights and turning
lanes would be needed; if there would be pedestrian and bike
access; whether fencing would be needed; and if the Chester
community would be sliced in half. She inquired why the
Board should be required to comment on things of this
magnitude within such a brief period of time. She referenced
the agreement that has been made in Ashland to slow the
trains down rather than close the at-grade crossing and
inquired whether that is on the table for Chester. She also
inquired whether upgraded gating is a possibility, and what
would happen if additional issues arise between now and the
final draft in 2011. She questioned whether the Board would
have input on the final draft, and once the final draft is
out, whether the project would move forward. She expressed
concerns relative to residents whose property values will
decline as a result of a plan showing high speed rail going
through their property. She referenced subdivisions in other
areas of the county and inquired whether the Board would be
satisfied with a 40-day window to log citizen concerns if
these neighborhoods were being impacted. She stated, in her
opinion, the Board needs to take a stand and ask for an
extension of the public comment period because she has been
told that once the resolution is submitted, it will be
difficult to make any changes.
Ms. Durfee stated the information that has been provided
regarding the proposed resolution is somewhat tied to federal
funding since the public comment period on the Draft
Environmental Impact Statement is scheduled to end September
10th, and the Statement must be completed before federal
funding can be utilized for the service. She further stated
the Board is being asked to consider language for support of
the concept of high speed rail, as well as our desire to
J
J
J
10-538
08/25/10
ensure that we have additional information or clarity on any
impacts to Chesterfield. She stated she had an opportunity
to speak with the chief of the high speed rail project and
was informed that the county will be provided an opportunity
throughout the on-going process to have discussion at any
point between North Carolina and Virginia and all of the
partners about the impact of the project to Chesterfield
County and its residents. She provided Board members with
copies of suggested language changes to the proposed
resolution that she believes will address the Board's
concerns and ensure that if there are any issues related to
the impact of grade separation or any other impact, the Board
would have the opportunity to provide input throughout the
process. She suggested inserting "County" after
"Chesterfield" and also inserting "address the impact of
grade separation and other impacts" to provide a resolution
that achieves the Board's support for high speed rail, as
well as addressing the Board's concerns for any impacts of
the project. She stated it is important to keep in mind that
the federal and state governments have the ultimate authority
on high speed rail, and the county is in a unique position of
making sure that we are informed, as well as keeping the
citizens informed throughout the process. She stated high
speed rail has been going on since 2008, and the Board has
had an opportunity to stay on top of it, noting that the
process is going to be ever-changing. She further stated,
after speaking to the chief, she believes the language that
she has proposed would help the Board achieve the county's
ability to communicate with the state and our partners
throughout the on-going process about the impacts of the
project.
In response to Ms. Jaeckle's question regarding citizens who
are being impacted, Ms. Durfee stated right now she is
concerned about the resolution and the best language that
will achieve supporting high speed rail, as well as making
sure constituents are kept informed and staying on top of the
impact of the project, indicating that she believes the
proposed language does that.
Ms. Jaeckle expressed concerns relative to receiving language
in the last 30 minutes and whether it is enough to ensure
protection of citizens. She further stated, although the
project has been discussed since 2008, the real details did
not come out until, at least for the Board's public input,
July 26tH
Ms. Durfee stated the chief of the high speed rail project
indicated that the information has been there since 2008.
She further stated the Board must determine whether the
proposed language for the resolution best fits its concerns
for supporting high speed rail, not to impede the September
10th deadline, as well as looking at all impacts, including
the grade separation impacts. She stated, in her opinion,
the proposed language would allow the Board to ensure taking
care of its concerns regarding any impacts of the project and
also the citizens' concerns.
Ms. Jaeckle inquired whether the Board's priority should be
to support the Draft Environmental Impact Statement for
funding rather than to allow time for citizens' input.
10-539
08/25/10
Ms. Durfee stated she believes the Board can achieve both
supporting the Statement and providing citizens' input
through the proposed language.
Ms. Jaeckle stated she does not think this can be done
because the language has been too hastily put together. She
expressed concerns that Fire/EMS and Transportation staff
have not looked at the proposed language, •indicating that she
has been told once the locality submits its comments by the
deadline, it will be very difficult to add comments afterward
once the plan is proposed.
Ms. Durfee stated the chief of high speed rail has assured
her that the deadline is necessary for the DEIS process and
federal funding, indicating that the proposed language would
also allow us the opportunity for ongoing communication with
the Commonwealth of Virginia and its partners on high speed
rail.
Ms. Jaeckle stated she would prefer stronger language, such
as "we support high speed rail if the requirement to close
at-grade crossing is eliminated."
Ms. Durfee stated this is an ongoing process, and various
things could change. She further stated there will be
continued communication between North Carolina and Virginia,
which will allow us to ensure that our partners with the
state will be keeping us abreast of the project grade
separation or any other impacts, indicating that she is
unsure whether we can be specific with language at this time.
Ms. Jaeckle stated she is not willing to support a resolution
that is not more specific.
Mr. Warren inquired whether Mr. Sam Hayes from VDOT or Ms.
Christine Fix, who works with the Chief of Public
Transportation, were present to respond to the Board's
questions.
Ms. Fix stated, as project manager for the Southeast High
Speed Rail Tier II DEIS, she has represented the state in
conjunction with our partners in North Carolina for the past
several years. She further stated she has worked with county
staff to address some of the issues that have been raised.
She stated the key goal has been safety, and while 90 miles
per hour is being proposed now, they are planning for the
future, should the speed increase. She further stated the
DEIS is providing the widest footprint possible and
addressing all impacts that come with the potential for grade
closures, as well as new overpasses and underpasses. She
stated Ms. Durfee was correct that the draft document is out
for public review and then her office will continue to
coordinate with the county directly and all counties involved
up and down the corridor to refine the designs. She further
stated, if the Board adopts the resolution now stating
concerns regarding specific sites, the high speed rail
officials will work with the county to address those concerns
and try and make the best fit possible.
Ms. Jaeckle stated Board members have not had the opportunity
to state specific concerns since they are just now hearing
from citizens, indicating that some of the impacts are
unknown unless you are a resident who is impacted. She
J
J
J
10-540
08/25/10
further stated one of the specifics brought up yesterday at
her constituents' meeting was the Centralia Road crossover,
how the people who currently live there will have access to
the road, and what will happen if the project disrupts
property. She expressed concerns that these types of impacts
have not been addressed prior to the Board having to agree to
the environmental statement.
Ms. Fix stated some of these issues will be worked out
directly with individual property owners, but at this level,
every driveway, bridge, overpass and underpass is not being
designed. She further stated the document will provide the
widest footprint possible of what will happen during
construction.
Ms. Jaeckle expressed concerns that the widest footprint
possible is very disruptive to the Chester community, and she
cannot agree to that in any way at this point. She stated
there are too many unanswered questions and inquired why the
public comment period was so brief.
Ms. Fix stated 30 days is the standard time period for
federal documentation. She further stated the partners
worked together to extend the time for public comment when
they learned of the extensive interest at the public
hearings.
Ms. Jaeckle stated most of the citizens she has spoken with
are fearful that they will have no input on the project at
the federal level, and she is very reluctant to endorse the
resolution with as little knowledge as she has on it. She
further stated she didn't understand why alternatives, such
as upgraded crossings instead of gates were not provided with
the study, and that the study did not even look at
alternative rail routes around Chester, or present the
possibility of slowing the trains down as has been agreed on
in Ashland.
Ms. Fix stated two different studies were conducted, and this
study is only for the segment from Richmond South to Raleigh.
She further stated funding has been applied for a similar
study to run the same engineering from Richmond North to
Washington, DC, but at this point they are two separate
projects, and while they are linked, they are on separate
tracks.
Ms. Jaeckle stated she cannot imagine the supervisors in
Ashland approving something without an agreement that the at-
grade crossing was not going to be closed because it would
severely alter the landscape of their community.
Mr. warren stated he would support the resolution if there
was language at the end stating, "eliminate the impact of
grade separations and crossings" and inquired whether Ms. Fix
would have a problem with that language change.
Ms. Fix stated she does not believe so, indicating that they
need to hear this so it will come into their comment period
into their document, and they will work with North Carolina
as well as federal partners to address all of these issues.
She reiterated that this is a process and she does not
foresee a final document for another year, indicating that
10-541
08/25/10
all of these issues can be worked out and that language
included in the document.
Mr. Warren inquired whether waiting a month for more
opportunity for changing the wording in the resolution would
hurt the chances of this project moving forward.
Ms. Fix stated if the Board did not adopt a resolution prior
to September 10th, it would hinder the chances of the project
moving forward and would be almost as if Chesterfield had no
opinion on the DEIS. She further stated there is a way it
could be phrased as "should additional speeds become in the
future higher speeds from the 90 to 100 range, or should
speeds over 110 occur, at that time the grade crossing
closures would be further looked at and refined and the
process continued."
Ms. Durfee stated that is the reason she would like to keep
the language more general, to keep the door open for the
opportunity to look at all impacts and not be secluded at
this particular juncture. She further stated it is her
understanding that the September 10th deadline is for the
Board to show support of the DEIS as a government body. She
stated everyone is concerned about any impact of high speed
rail throughout Chesterfield County, so whether the project
goes from Washington, DC to Richmond to Raleigh or from
Norfolk to Raleigh, it is going to come through Chesterfield,
so we want to be assured that the language indicates the
Board's concerns about having the opportunity to address any
impacts of grade separation and any other impacts thereof.
She further stated, in talking with the chief, we are talking
about speeds of 90 miles per hour, which will not impact
grade separation issues. She stated she is confident that
the proposed language will provide the opportunity to address
the impacts of the project.
Ms. Jaeckle expressed concerns that the broader the language
is, the less specific the Board can be with certain demands.
She stated, if the Board does not approve its comments by
September 10th, we won't have the opportunity to address
issues that may come up, reiterating her dismay at the short
amount of time to provide comments for a project of this
magnitude.
Mr. Warren stated he, too, is concerned, indicating that it
is obvious to him that this is an example of the federal
government not recognizing the importance of citizens and
local government in the process. He further stated he
realizes that the Board must not miss the opportunity to
comment by September 10th and stressed that the resolution
address the concerns that have been expressed, including
eliminating the. impact of grade separations.
Mr. Gecker stated what is listed in the revision provided by
Ms. Durfee to Attachment B gives unequivocal support to the
southern route for high speed rail and does not give adequate
weight to the Board's concerns. He stated the Board
addressed this issue in 2001 by adopting a resolution
conditioned on the Board's support of various items, and he
thinks the current Board should continue in the process by
adopting a resolution similar to the 2001 resolution which
supports high speed rail, but conditions that support on
various items. He then suggested that the resolution labeled
J
J
J
10-542
08/25/10
Attached B remain as is through the first, second and third
paragraphs, and that paragraph 4 read "as Chesterfield County
supports the concept of high speed rail from Washington, DC
to Main Street Station in Richmond, Virginia," to get the
Main Street Station piece in, not just the Richmond piece,
which would include Parham. He went on to state "and
supports the continuation of high speed rail south of
Richmond, Virginia," leave the next paragraph in and then go
back to the 2001 resolution and pick up the language of "Now,
Therefore, Be It Resolved, that the Board supports the
service he just mentioned, "And, Be it Further Resolved that
the Board's support is dependent on provision of the
following information and appropriate time to comment," and
that would lead to the list that begins on page 1 and runs
through the middle of page 2, "And, Be It Further Resolved,
that the Board's support is further depended on the
following," then the list that appears here and the addition
of the "impact of the proposed at-grade crossings must be
eliminated," now with that, the Board will be on record as
supporting high speed rail all the way from Washington, DC
through Main Street Station and down into Charlotte.
Mr. Holland stated he agrees that the Board should adopt a
resolution today that will allow us to move forward, but
expressed concerns relative to the unknowns and information
not being readily available. He further stated it is
critical to know that there is a window of opportunity for
the Board to comment, which may not always be open as the
project moves forward, especially given the fact that the
funding is coming from the federal government. He stated it
is important that the Board be aware that we don't have all
the facts and will not have them in 30 days, indicating that
he is prepared to move forward on the resolution with respect
of having the funding to approve the project.
Ms, Fix stated it is her opinion that Attachment A meets
their needs, and it is the Board's discretion as far as how
detailed they want to get. She further stated, if the Board
adopts a general resolution, staff can submit additional
comments specifically regarding the design as well as the
resolution, and they will work with the county hand-in-hand
to go back to the drawing board regarding the design of the
project.
Ms. Jaeckle specifically asked Ms. Fix about including the
elimination of the impact of at-grade designs.
Ms. Fix stated that goes back to the federal requirements,
indicating that 90 miles per hour, which is being proposed in
Chesterfield, would not require the at-grade crossing
closures or the overpasses; however, in the future, the
design leaves the door open to speeds of 110 or more.
In response to Ms. Jaeckle's question about the impact on
property values should the speeds increase, Ms. Fix stated
she could not answer because .that would be determined. by the
market forces, indicating that they would work with property
owners by either purchasing their property or providing other
avenues to correct design issues.
Ms. Durfee stated she agrees with what Mr. Gecker has
referenced in Attachment A, although she believes that
language in the second page of Attachment B indicates that
10-543
08/25/10
the Board is supportive of the project in working with the
Commonwealth of Virginia and its partners in the development
of the project. She further stated adding the language, "to
address the impact of at-grade separation and other impact
thereof" would send a message today that the Board would be
assured that they could send a separate list of specifics
through the county's Transportation Department. She
commended Mr. Kevin Page and others who have attended
numerous meetings over the last two years, providing
information as well as the willingness to continue to work
with the county in the ongoing process, indicating that she
is certain everything is going to evolve. She stated Mr.
Page assured her that, as long as the Board supports the
resolution and places language in it accordingly, then we
will be working with our partners constantly throughout the
process to protect the health, safety and welfare of
residents if high speed rail happens to come through
Chesterfield.
Mr. Gecker, stated he disagrees with Ms. Durfee that the
language is the same in both versions of the resolution
because the last paragraph of the language that Ms. Durfee is
supporting unconditionally supports the project and says that
we will work with the state going forward and do the best we
can when, in fact, he does not unconditionally support the
project. He further stated he appreciates the idea of high
speed rail and supports the concept, but not necessarily the
project. He stated if they come in, for example, and close
off Woods Edge Road, he does not think the Board could
legitimately support high speed rail coming through the
county, with that kind of devastating impact. He further
stated he wants to specifically condition the support on
minimizing the impact of high speed rail on the county,
indicating that he thinks it is the Board's role to not
provide unconditional support and rely on future boards,
since this project was being talked about in 2001.
Ms. Durfee stated the language she has proposed supports the
concept, indicating that paragraph 4 would be kept intact.
Mr. Gecker stated the last paragraph of Ms. Durfee's proposed
language stated that the Board supports the project and looks
forward to working with the Commonwealth.
Ms. Durfee stated the main thing is that the Board is in
support of high speed rail, is very concerned about the
impacts, and would like to have the information in clarity.
At the request of Mr. Warren, Mr. Gecker reiterated his
earlier suggestion that paragraphs 1, 2 and 3 of Attachment B
remain intact; the fourth "Whereas" shifts, "Chesterfield
County supports the concept of high speed rail from
Washington, DC to Main Street Station in Richmond, Virginia
and supports the continuation of high speed rail south of
Richmond, Virginia" so changing that paragraph to incorporate
the Main Street concept which was not in the 2001 resolution.
He stated the next "whereas" stays the same, and then we get
to what the Board actually supports: "Now, Therefore, Be It
Resolved that the Board of Supervisors supports the
development of the southeast high speed rail service," again
repeating the destination language that we have; "And, Be It
Further Resolved that the Board's support is dependent on the
provision of the following information and appropriate time
J
J
J
10-544
08/25/10
to comment," and from there, pick up the list beginning at
the first bullet point, "a list of all commercial and
residential displacements in Chesterfield," and move down
through "siding locations clearly identified and confirmation
that impacts of sidings have been addressed." "And, Be It
Further Resolved, that the Board's support is dependent on
the following," and then begin with a list of "Woods Edge
Road" and go down, but include a final bullet which that say,
"the impact of the proposed at-grade crossings must be
eliminated," and that would be the resolution.
Mr. Holland stated it was clearly stated that the first
priority is safety, and when he thinks of 110 miles per hour,
he thinks of safety and what can be done now. He further
stated he is comfortable with the resolution because he
thinks the Board needs to move forward for the sake of the
project .
Ms. Jaeckle stated she is finding it very difficult to
support the resolution, referencing the Chester Post Office,
when the federal government did not work with the residents
on keeping it in the village. She expressed concerns
relative to leaving ourselves still too open and inquired
whether something could be put in the resolution like Ashland
did relative to slowing the trains down in Chester. She
stated there is still so much more that needs to be
addressed, and she is concerned that it will not be
addressed, indicating that it is very difficult when you
don't have things in writing and depend on phone calls and
assurances for something of this magnitude. She further
stated she is surprised that the Board is willing to agree to
something that is being put together at the last minute.
Mr. Gecker stated what he is trying to do is help rather than
hurt because the Board is required to adopt this resolution
prior to September 10th and, by not doing so, could face the
prospect of not having any input whatsoever. He further
stated adopting the resolution will preserve the county's
spot in the process, and he understands that doing it in this
form has a slightly greater impact than doing so by letter
from staff at a later time. He stated we are trying to
preserve the county's voice in the process by providing
specifics, so that when the engineers and others in charge go
back,- they can say that the Board had legitimate concerns.
He further stated he sees no other alternative than putting
it on the table, which will place the county in as good a
position as possible at this point in time.
Ms. Jaeckle stated a lot of discussion has occurred regarding
passenger and freight rail not coexisting anywhere in the
country successfully. She further stated if enough
communities were opposed to the project because they feel it
would be too disruptive to their community, then they might
look at doing the project in a different way.
Ms. Fix stated unfortunately, that is not the point of the
DEIS, indicating that it is for specific designs. She
further stated many of the issues raised are policy issues at
the federal level, which will be worked on with our partners
at the federal level and the railroads to assure or at least
minimize the impacts between passenger and freight rail, and
at the end of the day, the state will either operate or own
it. She stated the state only has a say in the design and
10-545
08/25/10
how it comes through our communities, and the Board is
telling them to take another look at the design and go back
to the drawing board and then involve the county in the
continuous process, and that is what will be done.
Ms. Jaeckle stated if they would go back and look at their
design she could support the project, but could not support
it the way it stands now.
Mr. Gecker stated the Board is saying they do not support the
current proposal with the various items included as
conditions in the resolution.
Mr. Gecker then made a motion, seconded by Mr. Warren, for
the Board to adopt the following resolution:
WHEREAS, the North Carolina Department of Transportation
and the Virginia Department of Rail and Public Transportation
has released the Tier II Draft Environmental Impact Statement
for the Southeast High Speed Rail Service (Richmond, VA to
Raleigh, NC) for public review; and
WHEREAS, the document became available for public review
and comment in early July 2010, the public hearing for
Chesterfield,. along with Colonial Heights and Petersburg, was
held on July 21, 2010, and the public comment period is
scheduled to close August 30, 2010; and
WHEREAS, the SEHSR project is very complex and will
result in both direct and indirect impacts to many residents
and businesses in Chesterfield County; and
WHEREAS, Chesterfield County supports the concept of
high speed rail from Washington, DC to Main Street Station in
Richmond, VA, and supports the continuation of high speed
rail south of Richmond, VA; and
WHEREAS, additional information is necessary to fully
evaluate the impacts to Chesterfield County proposed in the
Tier II Draft Environmental Impact Statement.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors supports the development of high speed rail
service from Washington, DC to Main Street Station in
Richmond, VA, and the continuation of high speed rail south
of Richmond, VA.
AND, BE IT FURTHER RESOLVED that the Board' s support is
dependent on the provision of the following information and
appropriate time to comment:
• A list of all commercial and residential displacements
in Chesterfield County.
• Specific plans showing how access will be provided to
and from developed and undeveloped parcels impacted by
new road alignments and crossing closures.
• Noise studies for new road alignments and widening along
with specific plans for noise abatement.
• Sufficient design details to demonstrate that:
- bridges and underpasses will accommodate future
road widening
- bike and pedestrian accommodations are included
J
J
J
10-546
08/25/10
- landscaping and screening will be provided
especially in residential areas
- tractor-trailers will be able to safely access the
water treatment plant via proposed realignment of
Station Road
• Specific locations of security fencing.
• Adequate traffic analyses to ensure the proposals will
accommodate anticipated traffic.
• Financing plan to show how and when necessary road
improvements will be accomplished by this project.
• Details and renderings for the proposed Centralia Road
Loop.
• Siding locations clearly identified and confirmation
that impacts at sidings have been addressed.
AND, BE IT FURTHER RESOLVED that the Board's support is
further dependent on the following:
• Woods Edge Road and Marina Drive crossings must be
provided grade separations and not be closed as
currently proposed.
• Passenger rail service at the Ettrick Station must
continue regardless of high speed rail service.
• The extensions of Pine Forest Drive and Walthall
Industrial Parkway must be eliminated.
• Relocate the Old Lane crossing and provide a grade
separation to align Hamlin Creek Parkway. If this
cannot be accomplished, provide additional road
improvements to accommodate the increased traffic using
Hopkins Road and Centralia Road.
• Railroad overpass of Route 1 must be lengthened.
SEHSR must accommodate the proposed Petersburg to South
Hampton Roads rail service
• Funds used for SEHSR should not be diverted from highway
improvements.
• Impact of the changes to the proposed at-grade crossings
must be eliminated.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
Ms. Jaeckle clarified that she was voting for the resolution
because it stated that we are not supporting high speed rail
unless those conditions are met.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
accepted the following reports: 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, Warren and Durfee.
Nays: None.
10-547
08/25/10
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
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
21 PTTRGTTANT Tn SF.CTZON 2 _ 2-3711 (A) (1) CODE OF VIRGINIA,
1950, AS AMENDED, RELATING TO THE APPOINTMENT OF
SPECIFIC COUNTY EMPLOYEES
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, Warren and Durfee.
Nays: None.
Reconvening:
On motion of Mr. Holland, seconded by Mr. Warren, 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: Aye.
8.B.15. APPROVAL OF THE APPOINTMENT OF DEPUTY COUNTY
ADMINISTRATORS
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
approved the appointment of Dr. Sheryl D. Bailey as Deputy
J
J
J
10-548
08/25/10
County Administrator for Management Services, effective
September 7, 2010, and Mr. Steven W. Hicks as Deputy County
Administrator for Community Development, effective September 13,
2010. (It is noted Mr. Hicks later declined the appointment as
Deputy County Administrator for Community Development.)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
12. DINNER
On motion of Mr. Holland, seconded by Mr. Warren, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
Reconvening:
13. INVOCATION
Reverend Dr. Gregory M. Howard, Pastor of Union Branch
Baptist Church, gave the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Lou Lassiter led the Pledge of Allegiance to the flag of
the United States of America.
15. RESOLUTIONS
15.A. RECOGNIZING REVEREND DR. J. WAYNE MANCARI FOR HIS
EXTRAORDINARY CONTRIBUTIONS TO CHESTERFIELD COUNTY
Ms. Snead introduced Reverend Dr. J. Wayne Mancari, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Durfee, the Board
adopted the following resolution:
WHEREAS, Reverend Dr. J. Wayne Mancari has been the
Senior Pastor of Cornerstone Church from September 1, 1988 to
September 1, 2010 and a devoted resident of Chesterfield
County throughout his tenure; and
WHEREAS, Dr. Mancari has accepted a new position in San
Jose, California; and
WHEREAS, Dr. Mancari has served as a Chaplain for the
Chesterfield County Police Department for more than 14 years;
and
WHEREAS, Dr. Mancari was appointed to the Chesterfield-
Colonial Heights Social Services Board in August 2009 and was
an active member until August 2010; and
10-549
08/25/10
WHEREAS, Dr. Mancari was particularly committed to the
youth of the community as demonstrated by his longstanding
relationship with the Chesterfield County Public Schools
including his service on the PTSA at L.C. Bird High School
for 12 years, with seven years since the graduation of his
youngest son; by his directing of the PISA Scholarship
Committee for L.C. Bird High School the past 11 years; and by
his service on the Chesterfield County School Multicultural
Advisory Committee and Budget Committee; and
WHEREAS, Dr. Mancari served on the Chesterfield County
Public Schools Core Values Team, which developed and
implemented Respect, Responsibility, Accountability and
Honesty as Chesterfield County Schools Core Values; and
WHEREAS, Dr. Mancari launched School Councils for
Chesterfield County Schools, including serving as Chairman
for Salem Elementary and Salem Middle Schools, as well as
leading the training for School Council members; and
WHEREAS, Dr. Mancari directed the Baccalaureate
Committee for L.C. Bird High School for the past 12 years,
was the commencement speaker for L.C. Bird High School
graduation, and most notably attended every Thomas Dale High
School graduation for the past 22 years and every L.C. Bird
High School graduation for the past 15 years, showing support
for the youth of his church and community and attending every
high school graduation of a member of his church; and
WHEREAS, Dr. Mancari participated in the Chester Clergy
Association for 22 years including having served as moderator
of the group; and
WHEREAS, Dr. Mancari worked as Deputy Chief for 14 years
in Chesterfield Voting Precinct 209 at Salem Church; and
WHEREAS, Dr. Mancari has served on numerous boards for
community agencies and non-profits, such as Richmond
Christian Leadership Institute and First Things Richmond; and
WHEREAS, Dr. Mancari is known for his positive spirit
and will be greatly missed in Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of August 2010,
publicly recognizes Reverend Dr. J. Wayne Mancari, expressed
appreciation for his extraordinary contributions. to
Chesterfield County, and extends best wishes for much success
in his new community.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Dr. Mancari and this resolution be
permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
Ms. Jaeckle presented the executed resolution to Dr. Mancari,
accompanied by his wife, expressed appreciation for his many
contributions to the county.
J
J
J
10-550
08/25/10
Dr. Mancari praised the community volunteers and expressed
appreciation for his opportunity to serve.
10-551
08/25/10
15.B. RECOGNIZING MR. DALE R. TOTTEN FOR HIS SERVICE AS THE
VIRGINIA DEPARTMENT OF TRANSPORTATION'S RESIDENT
ENGINEER FOR CHESTERFIELD COUNTY
Mr. McCracken introduced Mr. Dale Totten, who was present to
receive the resolution. He expressed his appreciation for Mr.
Totten's service to Chesterfield County.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, on July 25, 2003, Mr. Dale R. Totten was hired
by the Virginia Department of Transportation to serve as the
Engineering Manager in Chesterfield County; and
WHEREAS, under Mr. Totten's leadership, major
improvements to Chesterfield's transportation network have
been accomplished, including the construction of Route 288
from the Powhite Parkway to the Powhatan County Line, the
widening of Route 360 from Swift Creek to Winterpock Road,
and numerous safety improvements to roads such as Newbys
Bridge Road and Old Buckingham Road; and
WHEREAS, Mr. Totten has provided the oversight to
maintain the roads in Chesterfield County during difficult
financial times; and
WHEREAS, Mr. Totten has always responded to citizens,
County Administration and appointed/elected officals in a
prompt and professional manner; and
WHEREAS, at the request of Chesterfield County, Mr.
Totten participated in many public meetings and hearings
providing valuable information and recommendations to assist
in the development of the county; and
WHEREAS, Mr. Totten has conducted the business of the
Virginia Department of Transportation in a very professional,
efficient and effective manner; and
WHEREAS, the Board of Supervisors has enjoyed an
excellent working relationship with Mr. Totten; and
WHEREAS, Mr. Totten has now been promoted to the
position of Regional Traffic Engineer with the Virginia
Department of Transportation, and in this position will
continue to assist Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of August 2010,
publicly recognizes Mr. Dale R. Totten, expressed
appreciation for his outstanding service to the citizens of
Chesterfield County, and extends best wishes for continued
success in -his new position with the Virginia Department of
Transportation.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
Mr. Gecker presented the executed resolution to Mr. Totten
and expressed appreciation for his support of road
maintenance in the county during the past seven years.
J
J
J
10-552
08/25/10
Mr. Totten thanked the Board for the recognition.
16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Bob Olsen presented his concerns about the enforcement of
reoccurring sign violations in Chesterfield County. He
provided photos of electronic signs and banners that are in
violation of the county's policy.
Mr. L.J. McCoy, Branch President of Chesterfield NAACP,
requested the county form a Citizen Review Board, especially
concerning police matters.
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 19
in~Nn~~a
In Matoaca Magisterial District, MIDLOTHIAN YOUTH SOCCER
LEAGUE requests conditional use planned development and
amendment of zoning district map to permit office use in a
Residential (R-25) District on 69 acres known as 13851 West
Hensley Road. Density will be controlled by zoning conditions
or ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 1-5 acre lots;
suited to R-88 zoning. Tax ID 727-657-8740.
Mr. Turner presented a summary of Case lOSN0228 and stated
the Planning Commission and staff recommended approval,
subject to conditions.
Ms. Holly Angel, representing the applicant, accepted the
recommendation.
Mr. Gecker called for public comment.
No one came forward to speak to the request.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved Case lOSN0228, subject to the following conditions:
1. This use shall be allowed to be conducted within an
industrial structure (mobile office), similar to the one
(1) depicted in the graphic submitted with the
application, for a maximum of seven (7) years from the
date of approval.
2. Except where the requirements of the underlying
Residential (R-25) District are more restrictive, any
new structure, exclusive of the .mobile office, shall
conform to the requirements of the Zoning Ordinance for
Corporate Office (O-2) uses in Emerging Growth
Districts. (P)
3. This use shall be for the office(s) of the Midlothian
Youth Soccer League only. (P)
10-553
08/25/10
4. The industrialized structure (mobile office) shall be
skirted, as acceptable to the Building Inspections
Department.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
lOSN0230
In Clover Hill Magisterial District, BISHOP IRETON CENTER
INC. requests amendment of conditional use (Case 74AN0241)
and amendment of zoning district map relative to signage in
an Agricultural (A) District on 8 acres known as 3300 Old
Courthouse Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for office/residential
mixed use. Tax ID 748-687-3378.
Mr. Turner presented a summary of Case lOSN0230 and stated
the Planning Commission and staff recommended approval.
Mr. Frank Cuffe, representing the applicant, requested the
Board's approval.
Mr. Gecker called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
approved Case lOSN0230.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
~ncun~~Q
In Bermuda Magisterial District, CLEARWIRE requests
conditional use and amendment of zoning district map to
permit a communications tower in Community Business (C-3) and
General Business (C-5) Districts on 0.3 acre located in the
southeast quadrant of Arcadia and Elokomin Avenues. Density
will be controlled by zoning- conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for residential use of 2.51-4 units per acre. Tax
IDs 797-659-9266 and 9361.
Mr. Turner presented a summary of Case lOSN0238 and stated
the Planning Commission and staff recommended approval,
subject to conditions.
Mr. Tim McCaffrey, representing the applicant, accepted the
recommendation.
Mr. Gecker called for public comment.
No one came forward to speak to the request.
On motion of Ms. Jaeckle, seconded by Ms. Durfee, the Board
approved Case lOSN0238, subject to the following conditions:
J
J
J
10-554
08/25/10
1. The maximum height permitted for the communications
tower use shall be 146 feet. (P)
2. There shall be no signs permitted to identify the
communications tower use. (P)
3. The communications tower use shall only be permitted if
it is incorporated into the structure of the water
storage tank. Antennas and cables shall be mounted so as
to minimize their visual impact and any antennas shall
be mounted on the top of the tank. (P)
4. The communications equipment (antennas, mounting
hardware, cables, etc.) mounted on the outside of the
water tank structure shall be the same or similar color
as the tank and shall not be lighted. (P)
5. At such time that any communications antenna or
equipment ceases to be used for communications purposes
for a period exceeding twelve (12) consecutive months,
the owner/developer of the communications tower use
shall dismantle and remove the antennas and all
associated equipment from the property. (P)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
in~Nn2a~
In Bermuda Magisterial District, CARRIE COYNER requests
conditional use and amendment of zoning district map to
permit recreational uses in a Residential (R-15) District on
2.6 acres lying 780 feet east of the intersection of North
White Mountain Drive and Declaration Avenue. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1.5 dwellings per acre or less. Tax ID
828-659-1813.
Mr. Turner presented a summary of Case lOSN0243 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Ms. Carrie Coyner accepted the recommendation.
Mr. Gecker called for public comment.
No one came forward to speak to the request.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
approved Case lOSN0243 and accepted the following proffered
conditions:
The Applicant in this zoning case, pursuant to Section 15.2-
2298 of the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, for itself and its
successors or assigns, proffers the development of the
Property as identified in the application 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, the proffers and conditions set
10-555
08/25/10
forth below shall be immediately null and void and of no
further force or effect.
Recreational Facilities. Any recreational facilities
shall be subject to the following restrictions:
a. Outside public address systems or speakers shall
not be used.
b. With the exception of boat docking, loading,
storage facilities, and water-related
recreational facilities, there shall be no other
active recreational uses permitted.
c. In conjunction with the recordation of any lot
adjacent to active recreational area(s), such
area(s) shall be identified on the record plat
along with the proposed recreational uses and
required conditions.
d. Any area devoted to the storage of boats shall
be minimized from view of public roads and shall
be located so as to minimize its impact on
adjacent residential lots. At the time of site
plan review, if areas are proposed for boat
storage, screening and landscaping conditions
may be imposed to address this requirement. No
areas may be used for the storage of boats
unless a site plan is submitted for review and
approval obtained.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
~ncun~~~
In Clover Hill Magisterial District, VMB HOTEL LLC requests
amendment of conditional use (Case 04SN0168) and amendment of
zoning district map to permit exceptions to signage
requirements in a Community Business (C-3) District on 1.2
acres fronting 150 feet on the north line of Hull Street
Road, 220 feet east of Bayside Lane. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
community mixed use. Tax ID 729-674-0211..
Mr. Turner presented a summary of Case lOSN0265 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Ms. Carrie Coyner, representing the applicant, accepted the
recommendation.
Mr. Gecker called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Ms. Durfee, the Board
approved Case lOSN0265 and accepted the following proffered
conditions:
J
J
J
10-556
08/25/10
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 729-674-0211
requesting an amendment of a conditional use (Case No.
97SN0223 and 04SN0168) to permit exceptions to signage
requirements; 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.
1. With the exception of a hotel, all building mounted
signs shall be white in color and have a maximum
logo square footage of one and one-fifth the
building mounted letter height. (P)
(Staff Note: This proffered condition supersedes
Proffered Condition 1 of Case 04SN0168. Except as
stated herein, signs must conform to the
requirements of the Zoning Ordinance.)
2. Prior to the issuance of any sign permit, the
Planning Department shall be provided with
documentation of the Brandermill Community
Association's Architectural Review Board's approval
of such sign(s).(P)
(Staff Note: This proffered condition supersedes
Proffered Condition 2 of Case 04SN0168.)
Ayes: Gecker, Holland, Jaeckle, warren and Durfee.
Nays: None.
lOSN0221
In Matoaca Magisterial District, YMCA OF GREATER RICHMOND
requests conditional use and amendment of zoning district map
to permit commercial indoor and outdoor recreational
establishments and outside public address in a Light
Industrial (I-1) District on 21.7 acres located in the
northeast quadrant of Hampton Park Drive and Otterdale Road.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for community mixed use. Tax ID 713-669-Part of
9636.
Mr. Turner presented a summary of Case lOSN0221 and stated
the Planning Commission and staff recommended approval,
subject to one condition and acceptance of the proffered
conditions. He noted that concern was expressed at the
Planning Commission meeting by a neighboring resident
relative to increased traffic, safety, hours of use of public
address system, impacts on Hampton Park facilities, and
impact of vehicular headlights on adjacent residences.
Mr. Brennan Keene, representing the applicant, accepted the
recommendation.
Mr. Gecker called for public comment.
10-557
08/25/10
Mr. Rob Campbell, President of Hampton Park Community
Association, stated he feels comfortable with the progress
the YMCA is making.
Mr. Brian Evans stated he is not opposed to the request of
the YMCA, but he believes the YMCA should be subject to the
same taxes as American Family Fitness.
Ms. Denise McDonald, owner and operator of A Child's Place
Pre-school and Childcare Center, stated her concern regarding
competition by the YMCA with the licensed child -care
facilities and home child care in the area. She also
expressed her concerns with the YMCA's location and it being
a non-profit facility.
Ms. Vicki Hanson, owner of the Woodlake Child Development
Center, expressed her concerns for the YMCA tax-free
programs.
There being no one else to speak to the request, the public
hearing was closed.
Ms. Durfee expressed appreciation towards Mr. Taylor, Mr.
Lyons, Rob Campbell and Mr. Bass for the time spent on this
particular project. She stated that she is confident this
will be a great project for that corridor and the surrounding
communities.
Ms. Durfee then made a motion, seconded by Mr. Holland for
the Board to approve case lOSN0221, subject to the condition
and acceptance of proffered conditions.
Ms. Jaeckle inquired whether the Economic Development
Department has addressed some of the concerns of the other
proprietors.
Mr. Gecker called for a vote on the motion of Ms. Durfee,
seconded by Mr. Holland, for the Board to approve Case
lOSN0221, subject to the following condition:
Outdoor recreational uses shall be permitted only if operated
in conjunction with indoor recreational uses and not as a
freestanding facility. (P)
And, further, the Board accepted the following proffered
conditions:
Young Men's Christian Association (YMCA) of Greater Richmond
(the "Developer") in this zoning case, pursuant to §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 part of Chesterfield County Tax
Identification Number 713-669-9636 (the "Property") under
consideration will be developed according to the following
conditions if, and only if, the request for revisions to the
conditional use permit (CU) is granted. In the event the
request is denied or approved with conditions not agreed to
by the Owner, the proffers shall immediately be null and void
and of no further force or effect .
1. Public Address System. Outside public address
systems may be used for emergency announcements
J
J
J
10-558
08/25/10
and for events such as Easter Egg hunts or
games/sports/tournaments provided that the
public address system for events shall not be
used between the hours 10:00 p.m. and 8:00
a.m., Sunday through Thursday, and 11:00 p.m.
and 8:00 a.m., Friday and Saturday. (P)
2. Setbacks and Buffers.
A. With the exception of playground areas which
accommodate swings, jungle gyms, or similar
such facilities, all outdoor playfields,
courts, swimming pools and similar active
recreational areas shall be located a minimum
of 100 feet from any single-family residential
lot line and a minimum of fifty (50) feet from
any public road. Nothing herein shall prevent
development of indoor facilities and/or parking
within the 100 feet. Within the 100 foot
setback, a fifty (50) foot buffer shall be
provided along the perimeter of all active
recreational facilities except where adjacent
to any public road. This buffer shall conform
to the requirements of the Zoning Ordinance for
fifty (50) foot buffers.
B. Any playground areas (i.e., areas
accommodating swings, jungle gyms or similar
such facilities) shall be located a minimum of
forty (40) feet from any single-family
residential lot line. Where adjacent to a
single-family residential lot line, a forty
(40) foot buffer shall be provided along the
perimeter of all such recreational facilities
except where adjacent to any public roads. This
buffer shall conform to the requirements of the
Zoning Ordinance for fifty (50) foot buffers.
All other setbacks and buffers shall conform to
the Zoning Ordinance requirements for the
Property . ( P )
3. Outdoor Playfields or Courts. Except for
pedestrian scale lighting and parking lot
lighting, the outdoor playfields or courts
shall not be lit for night play. (P)
4. 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)
5. Access and Transportation.
A. Direct vehicular access from the property
to Hampton Park Drive shall be limited to
two (2) entrance/exits. The exact location
of these accesses shall be approved by the.
County Department of Transportation.
10-559
08/25/10
B. Direct vehicular access from the property
to Otterdale Road shall be limited to one
(1) entrance/exit. This entrance/exit
shall be located towards the northern
property line and limited to right turns
in and out only. Within ninety (90) days
of a request by the County Department of
Transportation, the developer shall record
an access easement, acceptable to the
Transportation Department, to provide
shared use of this access with the
adjacent property to the north.
C. Prior to the issuance of any Certificates
of Occupancy, the developer shall
construct right and left turn lanes at
each approved access on Hampton Park
Drive. If access is provided to Otterdale
Road, the developer shall construct a
raised median on Otterdale Road from Route
360 to Hampton Park Drive and a northbound
right turn lane along Otterdale Road at
the approved access. The developer shall
dedicate, free and unrestricted to and for
the benefit of Chesterfield County, any
additional right-of-way or easements
required for these improvements. (T)
6. Wetland Crossings. Jurisdictional wetlands
generally run through the center of the
property (north and south). Subject to permit
approval by the Army Corps of Engineers (COE)
and the Department of Environmental Quality
(DEQ), and site plan review and approval by the
County, a maximum of one (1)
vehicular/pedestrian crossing between parking
areas and additional pedestrian crossings
between playfields shall be permitted. (EE)
7. Prior to site plan approval, the Developer
shall provide that .portion of the "proposed
variable width VDOT drainage, slope & guard
rail easement" located on the Property and
shown on the plan titled "Harper's Mill
Subdivision, Existing Otterdale Road Phase VI",
prepared by Jordan Consulting Engineers, and
last revised 2-1-08. (T)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
~SSN0285
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.
J
J
J
10-560
08/25/10
The Comprehensive Plan suggests the property is appropriate
for neighborhood mixed use uses. Tax ID 787-657-6225.
Mr. Robert Clay presented a summary of Case 08SN0285 and
stated a revision was received to proffered condition 6,
which requires an anonymous vote of the Board to suspend the
rules. He further stated staff also recommended denial.
Because the application does not litigate the impact on
capital facilities, thereby insuring adequate service levels
are maintained and protecting the health, safety and welfare
of county citizens. He further stated the Commission, on a 3
to 1 vote, with one member absent, recommends denial as well,
noting their concerns relative to deviating from the cash
proffer policy.
Ms. Carrie Coyner, representing the applicant, provided
details of current development in Chester Village Green and
benefits of the proposed development as an infill project.
She stated the cash proffers are more than the projects
impact on capital facilities. She stated the proposal is
ideal for an extension of the existing development, and Parks
and Recreation has agreed to extend the linear park.
Mr. George Emerson elaborated on details of the amenities
that he has provided Chester Village Green and Festival Park.
He expressed concerns with the cash proffer policy and
requested that the Board approve the case.
Mr. Gecker called for public comment.
Ms . Andrea Epps stated this case is a perfect example of why
the Board should consider differential cash proffers,
idicating that she supports the case.
Mr. Henry Moore stated he supports the request and would like
to see the linear park expanded.
Mr. Paul Grasewicz encouraged the Board to continue adhering
to its cash proffer policy.
There being no one else to speak to the request, the public
hearing was closed.
Ms. Coyner stated credit should be given for developers who
build top quality developments. She further stated the
developer is offering a cash proffer that she feels is far
more then what is needed to address the impact of the
development. She stated she believes this project is needed
for the community and requested the Board's approval.
Ms. Jaeckle stated quality housing is critical to stabilizing
an area and recommended approval of the case with the
proffered conditions.
Mr. Warren stated he supports the case.
Mr. Holland commented that the Board will be taking a look at
cash proffer. issues and stated his approval for the case.
Mr. Durfee stated she believes cash proffers should be
analyzed in a different way. She further stated that the case
has no impact on the schools and no problems with
10-561
08/25/10
overcrowding. She stated she supports the case, but noted
that she does not want this to be a trend among developers.
Ms. Jaeckle made a motion, seconded by Mr. Warren, for the
Board to approve Case 08SN0285 and accept the proffered
conditions.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
suspended its rules to accept the revised proffered
condition.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
Mr. Gecker called for the vote on the motion of Ms. Jaeckle,
seconded by Mr. Warren for the Board to approve Case
085SN0285 and accept 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 ID 787-657-6225
from A to C-3 with a CUPD to permit bulk exceptions, 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
shall be immediately null and void and of no further force or
effect .
1. Except as stated herein, the Textual Statement dated June
9, 2008 shall be considered the Master Plan. (P)
2. 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)
3. Direct vehicular access to Chester Village Drive will be
restricted to one (1) entrance/exit. (T)
4. There shall be no direct vehicular access from the
property to the proposed North-South Arterial adjacent to the
property. (T)
5. Trail Easement and Design. The applicant, subdivider or
assignee(s) (the "Applicant") shall dedicate a trail easement
a minimum of thirty (30) feet wide, parallel to and for the
entire length of the western property line, to the County, in
conjunction with site plan approval. The exact location,
width and design shall be approved by the Parks and
Recreation Department at the time of Site Plan review. Said
easement shall be permitted to be located within any setback
and/or buffer required by the County. Said easement shall not
increase the size of any required setback and/or buffer.
The Applicant shall construct a ten (10) foot wide trail
consisting of a minimum six (6) inch depth of #21A stone
over a compacted sub base with grading and seeding of four
(4) foot wide shoulders. The exact design and location
J
J
J
10-562
08/25/10
shall be approved by the Parks and Recreation Department
at the time of Site Plan review. (P&R)
6. Cash Proffers.
A. For all dwelling units initially constructed with
more than one (1) bedroom the applicant, sub-
divider, or assignee(s) shall pay the following to
the County of Chesterfield, prior to the issuance
of a building permit for infrastructure
improvements within the service district for
the property; provided however that for the period
from July 1, 2010 to June 30, 2014 the applicant,
sub-divider, or assignee(s) shall pay the following
to the County of Chesterfield, immediately after
completion of the final inspection:
1. $14,998.00 per dwelling unit, if paid prior to July 1,
2011; or
2. The amount approved by the Board of Supervisors not to
exceed $14,998.00 per dwelling unit adjusted upward by
any increase in the Marshall and Swift Building Cost
Index between July 1, 2010 and July 1 of the fiscal year
in which the payment is made if paid after June 30, 2011.
At the time of payment, the $14,998.00 will be allocated
pro-rata among the facility costs as follows: $348 for
library facilities, $8,915 for roads, $5331.00 for
schools, and $404 for fire stations. Payments in excess
of $14,998.00 shall be prorated as set forth above.
B. For all dwelling units initially constructed with
one (1) bedroom the applicant, sub-divider, or
assignee(s) shall pay the following to the County of
Chesterfield, prior to the issuance of a building
permit for infrastructure improvements within the
service district for the property provided however
that for the period from July 1, 2010 to June 30,
2014 the applicant, sub-divider, or assignee(s)
shall pay the following to the County of
Chesterfield, immediately after completion of the
final inspection:
1. $9667.00 per dwelling unit, if paid prior to July 1,
2011; or
2. The amount approved by the Board of Supervisors not to
exceed $9667.00 per dwelling unit adjusted upward by any
increase in the Marshall and Swift Building Cost Index
between July 1, 2010 and July 1 of the fiscal year in
which the payment is made if paid after June 30, 2011.
At the time of payment, the $9667.00 will be allocated
pro-rata among the facility costs as follows: $348 for
library facilities, $8,915 for roads, and $404 for fire
stations. Payments in excess of $9667.00 shall be
prorated as set forth above.
C. Building plans submitted for building permits shall
designate the number of bedrooms in each dwelling
unit.
D. Cash proffer payments shall be spent for the
purposes proffered or as otherwise permitted by law.
10-563
08/25/10
E. Should Chesterfield County impose impact fees at any
time during the life of the development that are
applicable to the property, the amount paid in cash
proffers shall be in lieu of or credited toward, but
not in addition to, any impact fees, in a manner as
determined by the County. 'If Chesterfield should
adopt a "workforce" or "affordable" housing program
which eliminates or permits a reduced cash proffer,
the cash proffer for any dwelling unit on the
Property that is designated as "workforce" or
"affordable" housing, that meets all the
requirements of the adopted "workforce" or
"affordable" housing program, and for which a cash
proffer has not yet been paid shall be adjusted to
be consistent with the approved "workforce" or
"affordable" housing program.
F. Should Chesterfield County adopt a policy or
ordinance which eliminates or permits a reduction in
the cash proffers for residential dwelling units,
the cash proffer for any dwelling unit on the
Property that meets all of the requirements of the
adopted policy for which a cash proffer has not yet
been paid shall be adjusted to be consistent with
the approved cash proffer policy at the time the
cash proffer is paid. (B&M and BI)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
lOSN0241
In Dale Magisterial District, CVS PHARMACY requests
conditional use planned development and amendment of zoning
district map to permit a computer-controlled, variable
message, electronic sign in a Neighborhood Business (C-2)
District on 5.7 acres located at the northeast corner of Iron
Bridge and Centralia Roads. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for mixed use
corridor use. Tax ID 773-661-1336.
Ms. Peterson presented a summary of Case lOSN0241 and stated
the Planning Commission unanimously recommended denial,
noting that signs are prohibited within the Courthouse Design
District and should not be visible from residentially zoned
properties and should be located within 1000 feet from that
area. She further stated staff also recommended denial.
Mr. David Stevens, representing the applicant stated he is
not asking for the approval for the height and the
proliferation of illumination of signs in the county. He
further stated that he would like to see the Board approve
the electronic signs.
Ms. Jaeckle suggested that Mr. Stevens meet with the
Historical Society regarding the approval of the electronic
sign design.
Mr. Chuck Sipos, a Deerfield Estates resident, stated he does
not support the case.
J
J
J
10-564
08/25/10
Mr. Gecker called for public comment.
Ms. Ronnie Pitt, a Deerfield Estates resident, stated she
would like to keep the historical integrity of the area.
Mr. Bob Olsen stated he does not support the sign because it
goes against the county's policy and ruins the historical
district.
Ms. Andrea Epps stated that she does not support the case.
Mr. Jared Holton, manufacturer of electronic signs, stated
the signs set at any time limit cannot be accessed by others
and can be locked.
Ms. Liess Vanderlinden-Brusse, from the Historical Society,
stated her disapproval for the CVS sign to be erected next to
a historical site.
Mr. Paul Grasewicz, stated the electronic sign is not
compatible with the historical courthouse complex.
There being no one else to speak to the request, the public
hearing was closed.
Mr. David Stevens, stated that he understands that by right,
the manual changing reader signs are permitted. He provided
details of the difference between the two signs, referencing
the visual props. He stated, in his opinion, the more a
business can promote its name, product and service, the more
income the business will generate.
Mr. Holland stated the zoning ordinances are in place to
enhance historic structures and surroundings. He voiced his
disapproval for the electronic signs.
Mr. Holland then made a motion seconded by Mr. Warren,~for
the Board to deny Case lOSN0241.
Ms. Jaeckle, inquired whether architectural standards were
required of the sign in the original zoning case at the CVS
to meet the standards of the historical area.
Ms. Peterson, referenced the zoning approval which occurred
in 1997, and stated there were no standards on the
freestanding signage. She further stated the ordinance
requires the sign to incorporate color or building material
similar to the building structure.
Ms. Jaeckle stated, in her opinion, by denying the sign the
Historical Society could end up with something less desirable
on display.
Ms. Durfee expressed concerns relative to preserving the
county's historical areas. She stated she does not support
the case.
Ms. Peterson stated that with a previous case, there had been
a sign condition; however, with the rezoning of the property
in 1997, all of the previous zoning conditions went away in
favor of the proffers and conditions of that specific case.
10-565
08/25/10
Ms. Jaeckle asked the Historical Society for their opinion in
regards to working with the Planning Commission to reach a
decision.
Ms. Liens Vanderlinden-Brusse, from the Historical Society,
stated she was not aware there would be a choice between the
two signs, but would prefer neither.
Mr. Gecker called for a vote on the motion of Mr. Holland,
seconded by Mr. Warren, for the Board to deny Case lOSN0241.
Ayes: Gecker, Holland, Warren and Durfee.
Nays: Jaeckle.
lOSN0240
In Midlothian Magisterial District, CVS PHARMACY requests
conditional use and amendment of zoning district map to
permit a computer-controlled, variable message, electronic
sign in a General Business (C-5) District on 1.2 acres
located in the southeast corner of Midlothian Turnpike and
South Providence Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for community mixed use.
Tax IDs 759-705-4885 and 6781.
Ms. Peterson presented a summary of Case lOSN0240 and stated
the Planning Commission and staff unanimously recommended
denial stating the proposal sign does not conform with the
policy relative to spacing and the exception could set a
precedent for a similar request. She further stated there was
opposition and support present at the Planning Commission's
public hearing; she stated those in opposition expressed
concerns relative to noncompliance to approved EMCs, support
for policy adherence that such signs were contrary to
revitalization efforts to an aging commercial corridor, and
that existing ordinance standards provide adequate business
identification. She further stated those in support indicated
spacing requirements of the policy were ambiguous, that EMCs
aid in eliminating temporary signage, and the need to
reevaluate the policy. She stated the Planning Commission
recognized in their decision that area business leaders had
indicated a conflict between EMCs and revitalization efforts
along the Route 60 corridor.
Mr. David Stevens, representing the applicant, noted that
this location is not in the historic district. He displayed a
manual changing reader board and an electronic message board
and stated in regards to vehicular traffic, there is no
difference between the two signs, other than the height.
There was a brief discussion relative to the resolution of
the proposed sign.
Mr. Gecker called for public comment.
Mr. Bob Olsen, resident of the Midlothian District, stated
the sign does not meet the policy.
Mr. Vince Settle, member of the Gateway Association, asked
that the Board deny the request. He stated the sign could
create an expensive sign competition between other businesses
J
J
J
10-566
08/25/10
in the area. He asked the Board to review the policy of
electronic signs.
Mr. Paul Grasewicz, a resident of the Clover Hill District,
stated major businesses in this area believe Midlothian
Turnpike needs to be renovated to promote future economic
development. He recommended denial of the request.
Mr. Tom Watson expressed his concern for the electronic signs
and the preservation of the area.
There being no one else to speak to the request, the public
hearing was closed.
Mr. David Stevens stated signage produces business and
income. He further stated CVS delivers information valuable
to consumers. He expressed interest in a future sign
committee.
Mr. Decker stated he has had discussions with businesses up
and down Midlothian Turnpike that are voluntarily paying for
renovations to promote economic development, indicating that
they do not support the request.
Mr. Decker then made a motion, seconded by Mr. Warren, for
the Board. to deny Case lOSN0240.
Ayes: Decker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
~ncun~Qi
In Dale Magisterial District, SHOOSMITH BROS., INC. C/O J.
FLETCHER KELLY requests amendment of conditional use (Case
97SN0206) and amendment of zoning district map to permit land
filling and quarrying operations within the same area,
concurrently; receipt of out-of-state waste; and to permit
amendment of a covenant relative to landfill height in
Agricultural (A) and Heavy Industrial (I-3) Districts on 232
acres lying 600 feet off the southwest line of Iron Bridge
Road, 670 feet south of Ironbridge Parkway. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
general industrial use. Tax ID 772-653-Part of 5418.
Mr. Clay presented a summary of Case lOSN0181 and stated the
applicant withdrew the request to allow land filling and
quarrying within the quarry at the same time. The Planning
Commission recommended denial noting the uncertainty of any
affects on filling in the same area concurrently might have
on liners and ground water. He further stated there was
previous agreement not to accept out-of-state waste, and
concerns were expressed by area residents relative to odor
and impacts on the environment. He stated staff recommended
approval noting the proposed amendments should have no
greater impact on the area than the approved uses as
currently conditioned, and the existing county ordinances
together with the requirements of the Virginia Department of
Environmental Quality, The Virginia Department of Mines,
Minerals, and Energy and the U.S. Environmental. Protection
Agency, as well as conditions of zoning approval further
10-567
08/25/10
ensure that the landfill operations are conducted in a manner
that is compatible with area development and that the
operations do not have an adverse impact on public health and
safety or the environment.
Mr. Brennan Keene, representing the applicant, stated the
original landfill area still has capacity, and the current
levels of receipt of waste, Shoosmith will°be able to receive
out-of-state waste in the old part for at least six years. He
stated the receipt of out-of-state waste has allowed
Shoosmith to decrease the traffic volume because they are
receiving bigger trucks. He stated because of larger trucks,
fewer loads and fewer smaller trucks coming into the
landfill, Shoosmith does not have to chase the business for
smaller trucks, which takes more time to cycle through the
landfill and can be more efficient. He stressed that when
development comes into an area of a landfill, there are
issues such as odor. He asks the Board to approve the
conditional use amendments.
Mr. Gecker called for public comment.
Ms. Ronnie Pitt, a resident of Deerfield Estates, stated her
disapproval for the landfill expansion. She expressed
concerns relative to the additional traffic of the bigger
trucks in the future and the fee for recycling.
Mr. Richard Sperberan, a resident of Chester, asked that the
Board consider a host fee for trash that comes into the
landfill from out-of-state. He stated he neither approves
nor disapproves of the landfill expansion.
Ms. Diana Parker, a resident of the Bermuda District,
expressed her concern for out of state waste. She stated
underground quarries could be affected.
Mr. Ringhart Reese, resident of The Highlands, expressed
concern that Shoosmith is adversely affecting the quality of
life of nearby residents. He is concerned that the large
trucks will affect taxes for citizens and the odor of the
landfill is unbearable. He requested that the Board deny the
request.
Mr. Harry Rosemaren, a resident of Arbor Landing, expressed
his concern with out-of-state waste. He stated he is affected
by the odors from the landfill. He suggested that if he would
have known about the landfill years ago, he would never have
purchased property in the surrounding area. He requested that
the Board deny the case.
Ms. Marge Bercale, a resident of The Highlands, expressed her
concern with Shoosmith in regards to the noise of the trucks
and the odor and operation of the landfill. She asked the
Board to consider denying the request.
Mr. Tony Cissiani, a resident of Chesterfield, proposed that
Shoosmith run its course and the Board consider another
remote location in the county for a landfill and recycling
center.
Ms. Margaret Warren, a resident of Arbor Landing, expressed
her concerns with the unpleasant odor in the area. She
requested that the Board deny the case.
J
J
J
10-568
08/25/10
Mr. Duncan Holmes, resident of Arbor Landing, stated his
concern with his home's property value and the other homes in
the area that are adversely affected by the landfill.
Mr. Tom Watson, resident of Matoax Hundred, proposed that the
existing landfill be filled to capacity, in order to shut it
down.
Mr. Edward Ring, businessman of the Dale District, stated
Shoosmith needs the out-of-state garbage to create revenue
and the out-of-state garbage will only decrease property
values.
Mr. Chuck Sipos, a resident of Deerfield Estates, stated his
concern for the size of the trucks that operate out of
Shoosmith. He asked that the Board deny the request.
Ms. Allison Scott, a resident of The Highlands, expressed
concern regarding the landfill, the odor, water, noise and
her children's well being. She asked the Board to deny the
request.
Miss Abby Scott stated her concern for the smell of the
landfill.
Miss Madeline Scott, expressed her concern regarding the odor
coming from the landfill, the noise of the trucks and the
potential for out-of-state waste.
Ms. Mary Arlene McGuire, representing the Board of the
Women's Club of Chester, expressed her concern regarding the
recent change request by Shoosmith. She explained that if a
landfill was properly operated, there should not be any odor
associated with it.
Mr. Glen Besa, representing the Sierra Club Virginia Chapter,
and resident of the Dale District, proposed that the Board
respect the contract and the proffer that is in place.
Ms. Kristi Orcutt, a resident of the Matoaca District,
questioned the Planning Commission's decision to reject the
original proposal and stated her concern for the flood plain
and sea level of the landfill. She stated she does not
approve the changes.
Ms. Alice Surles, longtime resident of the Dale District,
stated her concerns for out of state garbage and the number
of trucks associated with the landfill.
Ms. Kay Robertson, resident of the Dale District, questioned
the original proposal to accept waste from municipalities
such as Colonial Heights and Petersburg.
Mr. Larry Robertson expressed his concerns for the amount of
sludge coming into Shoosmith. He stated he does not support
the case.
Mr. Lee Heller, resident of the Highlands, stated the
situation will only become worse with the proposed changes.
He expressed his concern with groundwater contamination,
waste from out-of-state and damage to the roads. He stated he
10-569
08/25/10
does not believe the current operation at Shoosmith is
meeting the standards for control of odor and noise.
Mr. Tim Gilbert expressed his concerns of the citizens'
opposition of the proposed plan. He asked that the Board
follow the Planning Commission and deny the case.
Mr. Keith Shaffer, President of the Board for the Highlands
Community Association, stated he represents more than 1,000
residents who live adjacent to the Shoosmith Landfill. He
further stated that these residents are opposed to the case.
Mr. Henry Moore, resident of Chesterfield County, stated that
the majority of the residents in proximity of the landfill
are opposed to the proposal, and he does not support the
case.
Ms. Margaret Ferguson, resident of Fieldstone, stated she
does not support the case.
There being no one else to speak to the request, the public
hearing was closed.
Mr. Brennan Keene stressed that the plan is not an expansion.
He stated Shoosmith has a right to bring in out-of-state
waste in the older section for six years or longer, and the
landfill has 30 to 50 years of capacity. He stressed that
Shoosmith is the only privately owned landfill in Virginia
that does not pay a host fee because the landfill was created
before host fees became a common concept. He stated he
believes the proposal will bring about a better result for
Shoosmith and for the community.
Mr. Holland stated, in his opinion, the amendment proposed
will only increase and exacerbate the problems at the
landfill.
Mr. Holland then made a motion, seconded by Mr. Warren for
the Board to suspend its rules to permit the withdrawal of
the portion of the request relative to permitting land
filling and quarrying operations within the same area.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
Mr. Holland made a motion, seconded by Mr. Warren, for the
Board to deny of case lOSN0181 as presented.
Ms. Jaeckle stated, in her opinion, she would prefer to defer
the proposal and allow the applicant to address some of the
citizen issues.
Ms. Durfee expressed her concern regarding permitting
landfill and quarry operations within the same area
concurrently. She also stated concerns with landfill height
and expansion. She stated the promises with the agreement in
1997 should be kept intact, indicating that she does not
support the case.
Mr. Warren expressed concern relative to the number of
complaints that have arisen over the course of time. He
stated he will not support the case.
J
J
J
10-570
08/25/10
Mr. Decker, stated he will support Mr. Holland's motion to
deny the request.
Ms. Durfee stated, in her opinion, another landfill location
should not be near residential or future residential
communities.
Ms. Jaeckle expressed her gratitude towards the residents of
Chesterfield for their opinions towards the proposal.
Mr. Decker called for a vote on the motion for the Board to
deny Case lOSN0181.
Ayes: Decker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
suspended its rules to consider agenda items after 11:00 p.m.
18. PUBLIC HEARINGS
On motion by Mr. Holland, seconded by Mr. Warren, the Board
suspended its rules to allow agenda items to be heard after
11:00 p.m.
Ayes: Decker, Holland, Warren, Jaeckle and Durfee.
Nays: None
18.A. 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
nvnr_v amore
Mr. Golden stated this date and time has been advertised 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..
Mr. Decker called for public comment.
No one came forward to speak to the issue.
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
approved 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: Decker, Holland, Jaeckle, and Durfee.
Nays: None.
Absent: Warren
18.B. TO CONSIDER THE 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
ovnn_v n~ure
Mr. Golden stated this date and time has been advertised for
a public hearing for the Board to consider the lease of real
10-571
08/25/10
property at the softball complexes at Harry G. Daniel Park at
Iron Bridge and Warbro Athletic Complex for the operation of
softball programs.
Mr. Gecker called for public comment.
Mr. David Tiller, resident of Stonehenge Subdivision and
President of Softball Nation, expressed his goal to make
improvements to the fields and make facilities more
attractive and to make program improvements to the leagues in
Chesterfield and outside leagues as well.
In response to Mr. Holland's questions, Mr. Tiller stated he
runs tournaments frequently in Chesterfield, Petersburg and
Henrico County. He further stated there will be no
restrictions in terms of the usage of the field.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
approved the lease of real property at the softball complexes
at Harry G. Daniel Park at Iron Bridge and Warbro Athletic
Complex to David Tiller and Associates
SportsNation/SoftballNation/ BaseballNation.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
18.C. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A MAP
OF HOME ACRES
Mr. Dupler stated this date and time has been advertised for
a public hearing for the Board to consider an ordinance to
vacate a portion of a Map of Home Acres Subdivision.
Mr. Gecker called for public comment.
No one came forward to speak to the issue.
On motion of Ms. Jaeckle, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to MELISSA D. WALKER,
("GRANTEE"), a portion of a Map of Home
Acres Subdivision, BERMUDA Magisterial
District, Chesterfield County, Virginia,
as shown on a plat thereof duly recorded
in the Clerk's Office of the Circuit
Court of Chesterfield County in Plat Book
4, at Page 96.
WHEREAS, MELISSA D. WALKER, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of a Map of Home Acres Subdivision, BERMUDA
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 4, Page 96,
by W.W. LAPRADE & BROS, dated NOVEMBER 7, 1927 and recorded
J
J
J
10-572
08/25/10
NOVEMBER 16, 1927. The portion of subdivision petitioned to
be vacated is more fully described as follows:
Lot 1, Block 1 and Lot 3, Block 2, Map of
Home Acres Subdivision, as shown on a
plat made by W.W. LAPRADE & BROS., dated
NOVEMBER 7, 1927, and recorded NOVEMBER
16, 1927, in the aforesaid Clerk's
Office, in Plat Book 4, Page 96.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of subdivision sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of
subdivision be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
shall be recorded no sooner than thirty days hereafter in the
Clerk's Office of the Circuit Court of Chesterfield County,
Virginia pursuant to Section 15.2-2276 of the Code of
Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the portion of subdivision hereby vacated
in the owner free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and MELISSA
D. WALKER, or her successors in title, as GRANTEE.
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
18.D. TO CONSIDER THE LEASING OF SPACE ON THE DUTCH GAP
WATER TANK
Mr. Dupler stated this date and time has been advertised for
a public hearing for the Board to consider the leasing of
space on the county's Dutch Gap Water Tank to Clear Wireless,
LLC.
Mr. Gecker called for public comment.
No one came forward to speak to the issue.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the leasing of space on the Dutch Gap Water Tank to
10-573
08/25/10
Clear Wireless, LLC. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Gecker, Holland, Jaeckle, Warren and Durfee.
Nays: None.
19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or zoning at this time.
20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
21. ADJOURNMENT
On motion of Ms. Durfee, seconded by Mr. Holland, the Board
adjourned at 11:15 p.m. to September 22, 2010 at 1:00 p.m.
for a joint meeting of the Board of Supervisors, Planning
Commission and School Board at the Eanes-Pittman Public
Safety Training Center, followed by the regularly scheduled
Board of Supervisors meeting at 3:00 p.m.
J
J
J
dames ~ stegma~r
Count dministrator
~~~l-
Daniel A. Gecker
Chairman
10-574
08/25/10