02-14-2007 Minutes
BOARD OF SUPERVISORS
MINUTES
February 14, 2007
-
Supervisors in Attendance:
Mr. Kelly E. Miller, Chairman
Mrs. Renny B. Humphrey, Vice Chrm.
Mr. R. M. "Dickie" King, Jr.
Mr. Donald D. Sowder
Mr. Arthur S. Warren
M~. Lane E. Ramsey
County Administrator
-
-
Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Kevin Bruny, Dean,
Chesterfield University
Mr. Allan Carmody, Dlr.,
Budget and Management
Mr. Roy Covington, Dir.,
Utilities
Ms. Ma~y Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Charles Dane, Asst.
Dir., External Services
Mr. Will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator for
Human Services
Mr. William Dupler,
Building Official
Mr. Robert Eanes, Asst. to
the Countl Administrator
Dep. Chief Frank Edwards,
Fire and EMS
Ms. Lisa Elko, CMC,
Clerk
Ms. Karla Gerner, Dir.,
Human Resource Mgrnt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Mary Lou Lyle, Dir.,
Accounting
Mr. Mike Mabe, Dir.,
Libraries
Mr. R. John McCracken,
nir., ~rangportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr C:::t-~::nT""'r1 T. M; f""~c::!
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Kirk Turner, Dir.,
Planning
--
Mr. Miller called the regularly scheduled meeting to order at
3:00 p.m.
1. APl'ftOVlL 0' MtNOT!S 'Oft J'AN'O'lRY 24, 2007
On motion of Mr. King, seconded by Mr. Warren, the Board
approved the minutes of January 24, 2007, as submitted.
Ayes: Miller, Humphrey/ King/ Sowder and Warren.
Nays: None.
2 . COUNTY ADMINISTRATOR I S COMMENTS
2.A. LEGISLATrvE UPDATE
M~l Cuttin ptoviQea ~n uPQ~te on Genet~l ~~~embly ~ctivitie~,
She stated both the House and Senate transportation plans are
being continuously debated and amended. She further stated
the major difference between the two plans is that the Senate
F~~n QO~~ not U~~ ~2~O m~~~~on ~n 9~n~.~~ fUnQ~f Sb~ ~t~t~Q
each ot the plan6 ha6 three main land U6e component6 - l)
maintenance of subdivision roads; 2) urban development areas;
and 3) a provision for the creation of urban transportation
service districts. She cautioned the Board relative to the
provision of urban transportation service districts, noting
that the language of this provision has changed several
times, with Chesterfield being included in the earlier
versions.
J
Discussion ensued relative to the impact of the
transportation service district provision if Chesterfield
were included.
Ms. Curtin stated no bills have been introduced that would
have hurt the county's cash proffer authority. She noted
that both the House and Senate versions of the budget tie in
with the transportation iS6ue, and staff will not xnow the
impact of the state budget on the county until the end of the
session.
Mr. Miller inquired about the county's position regarcling
House Bill 3109 relative to hunting. --/
Mr. Micas stated the bill being considered by the General
Assembly would stop localities from prohibiting hunting
T..~ +-...~..... "" ..."" 1 -F ...~ 1"" ....-F "" .",,"hr!.; n.;.".;....,., l-i"" -F".....t-no..... C!t-::lt-on t-n"",
Mr. Miller stated he opposes the bill because the state would
be taking away the county's authority to make its own
determination relative to this issue. He further stated, in
his opinion, the county should retain control over who shoots
a gun in its boundaries and where they can do so, rather than
the state.
The Board unanimously agreed that Chesterfield would oppose
the bill, which should be heard within the next couple of
days.
2 . B. BRIEFING ON PREVIOUS ACTIVITIES RELATED TO MINES IN
CHESTERFIELD COUNTY
-
Mr. Stith briefed the Board regarding the county process for
previously mined areas of the county. He stated the county
notifies the Virginia Department of Mines, Minerals and
Energy whenever an abandoned mine is discovered, and the
agency works closely with the county to abate any hazards of
previous mining activity. He further stated developers are
responsible for hiring a mining expert to locate and analyze
previous mining activity. He provided details of protections
related to previous mining activities that the county engages
itself in during the zoning process, the tentative plan
approval process, the construction plan approval process, the
subdivision construction process, the subdivision recordation
process, and the building permit process. He stated recorded
plats provide information regarding previous mining activity
within subdivisions and are used by surveyors for individual
lot surveys. He stated staff goes to great lengths to work
with homeowners to ensure that the property they are going to
build upon in previously mined areas is safe for
construction. He noted that citizens may contact the county
if they have concerns that have not been addressed by their
engineer or the owner of the property that is being zoned or
re-zoned.
In response to Mr. Sowder's questions, Mr. McElfish stated he
is satisfied that the county is doing everything possible to
ensure the safety of construction in areas of previous
rnining. He further stated the Department of Mines, Minerals
and Energy has hired an ongoing consultant to review plans
submitted in these areas by developers.
Mr. Sowder thanked Mr. Stith and Mr. McElfish for the
presentation.
3. BOARD MEMBER REPORTS
-
There were no Board member reports at this time.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, OR
CHANGES :IN THE ORDER OF PRESENTATION
On motion of Mr. King, seconded by Mr. Warren, the Board
added Item 10 .A., Closed Session Pursuant to Section 2.2-
3711(A)(7), Code of Virginia, 1950, as Amended, for
Consultation with Legal Counsel Regarding a Specific Legal
Matter Requiring the Provision of Legal Advice Relating to a
Claim Against a Chesterfield County Police Officer;
07-93
substi tuted Page 000265 in Item 16 .A., Public Hearing to
Consider Amendments to Water Quality Ordinances in the Upper
Swift Creek Watershed; and adopted the Agenda, as amended.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
5. RESOLUTIONS
5.A. RECOGNIZING MR. CARLTON A. SYKES, FLEET MANAGEMENT
DIVISION, DEPARTMENT OF GENERAL SERVICES, UPON HIS
RETIREMENT
--./
Mr. Pitaro introduced Mr. Carlton Sykes, who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Carlton A. Sykes retired February 1, 2007
after providing thirty-one years of dedicated and faithful
service to Chesterfield County; and
WHEREAS, Mr. Sykes began his service June 17, 1975,
washing school buses for the Pupil Transportation Department,
Chesterfield County Schools; and
WHEREAS, Mr. Sykes was subsequently promoted to bus
mechanic before becoming a parts technician in 1978; and
WHEREAS, Mr. Sykes has seen the county's school
fleet grow through the years from over 200 buses to
present size of nearly 600 buses; and
bus
its
--
WHEREAS, Mr. Sykes has participated and contributed to
the division'S growth and maturity from a small, manual shop
to an automated, state-of-the-art operation with award-
winning automotive technology, employee career development,
and environmental programs; and .
WHEREAS, Mr. Sykes is known for his friendly, easy-going
manner; his ability to work with others in an effective way;
caring for his fellow co-workers; and performing his duties
in a most professional manner; and
WHEREAS, Mr. Sykes provided
experience in contributing to
planning conferences, process
activities; and
the wisdom of his years and
the division'S strategic
action teams, and other
WHEREAS, Mr. Sykes always performed his duties and
responsibilities in an excellent manner, placing the welfare
and safety of co-workers, other county employees, and the
public above his own personal comfort and feelings and will
be missed by his fellow co-workers. ~
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 14th day of February 2007,
publicly recognizes Mr. Carlton A. Sykes and extends
appreciation for his thirty-one years of dedicated service to
the county, congratulations upon his retirement, and best
wishes for a long and happy retirement.
07-94
02/14/07
AND, BE IT FURTHER RESOLVED that a copy of
resolution be presented to Mr. Sykes, and that
resolution be permanently recorded among the papers of
Board of Supervisors of Chesterfield County, Virginia.
this
this
this
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-
Mr. Miller presented the executed resolution to Mr. Sykes,
accompanied by members of his family and Mr. Stith, expressed
appreciation for his dedicated service, and congratulated him
on his retirement.
Mr. Sykes thanked God and all of his co-workers, past and
present, for their support.
Mr. Stith presented a Jefferson Cup to Mr. Sykes and
commended him on his outstanding service to the county.
A standing ovation followed.
5.B. RECOGNIZING AUXILIARY POLICE OFFICER GEORGE P.
MCNAMARA, JR. UPON HIS RETIREMENT
Colonel Baker introduced Mr. George McNamara, Jr., who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
...-
WHEREAS, Mr. George P. McNamara, Jr. retired from
Chesterfield County Auxiliary Police Unit on January
2007, after providing 29 years of volunteer service to
citizens of Chesterfield County; and
the
31,
the
WHEREAS, Mr. McNamara was recognized as Special Police
Officer of the Year for the year of 1995; and
WHEREAS, Mr. McNamara has participated as an Aviation
Spotter, and rode with the Aviation Unit, assisting the pilot
in spotting wanted vehicles and individuals; and
WHEREAS, Mr. McNamara was trained in the Bicycle
and regularly used these skills at the County Fair,
July Fireworks, Christmas Mall Patrols, and wherever
arose for bicycle patrol units; and
Patrol
4 th 0 f
a need
WHEREAS, Mr. McNamara has served as part of the Marine
Patrol for the past five years, assisting regularly on Lake
Chesdin; and
~......
WHEREAS, Mr. McNamara has been
Project Lifesaver Program and has
Department regularly with this program;
a mainstay with the
assisted the Police
and
WHEREAS, Mr. McNamara exhibited good stewardship of
county resources, having full responsibility for one of the
patrol vehicles assigned to the Auxiliary Police Unit and
ensuring that it was maintained properly, kept clean and in
serviceable condition; and
WHEREAS, Mr. McNamara has
County Police Department with
provided the Chesterfield
many years of loyal and
dedicated volunteer service where he has always strived to be
the best in everything that he undertook; and
WHEREAS, Mr. McNamara has always been a solid and
dedicated member of the Auxiliary Police Unit, where he has
been a true professional; and
WHEREAS, Mr. McNamara has also served his country as a
United States Marine, and is a retiree from the Virginia Air
National Guard; and
WHEREAS, Chesterfield County and the Board
Supervisors will miss Mr. McNamara's diligent service.
of
,-'
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. George P.
McNamara, Jr., and extends on behalf of its members and the
citizens of Chesterfield County, appreciation for his service
to the county, congratulations upon his retirement, and best
wishes for a long and happy retirement.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. King presented the executed resolution to Mr. McNamara,
accompanied by his wife, Colonel Baker and Mr. Stith,
expressed appreciation for his dedicated public service, and
congratulated him on his retirement.
Mr. McNamara expressed appreciation to Captain Perry
Hornbarger and Colonel Baker for their support and stated it
has been a privilege to work with such a fine police
department.
-"
Mr. Stith presented a Jefferson Cup to Mr. McNamara and
expressed appreciation for his outstanding voluntary service.
A standing ovation followed.
6 . WORK SESSIONS
o PROJECTED REVENUES FOR THE FY2008 AMENDED BUDGET AND THE
CHESTERFIELD COMMUNITY SERVICES BOARD PROPOSED FY2008
BUDGET
Mr. Carmody presented an overview of FY2008 projected
revenues. He reviewed data relative to the county's diverse
and expanding economic status, including continued job growth
and high-income levels. He then reviewed statistics relative
to the county's competitive position as a result of its
favorable business tax structure and its favorable cost of
residential services. He reviewed key revenue trends,
including percentage of change in real estate assessed valuei
business real estate investment; tax rate assumptions; the "-"'"
tax relief program; personal property taxes; local sales tax;
other local taxes and revenues; state and federal revenues;
and revenue sources as a percentage of General Fund. He
stated total revenues proposed for FY2008 represent an
increase of $60.7 million from FY2007. He reviewed key
revenue trends and forecast uses of new money. He then
reviewed proposed fee changes and the FY2008 Budget Work
seSSlons scneaUle.
07-96
Discussion ensued relative to the proposed fees for the
Health Department.
Mr. Carmody stated the Tidewater area has already implemented
restaurant inspection fees.
.-.....
Mrs. Humphrey stated she feels the State Health Department
should provide funding for Health Departml:mt needs rather
than the county charging additional fees.
In response to Mrs. Humphrey's questions, Ms. Dickson stated
both of the proposed Health Department fees 1~ere both brought
forward by the county's Health Department. She further
stated staff recommends the food handler training program for
all food establishments, including caterers to prevent
illness and contamination. She stated the Health Department
would work with restaurant establishments in implementing the
training. She noted that many large establishments have
their own training programs, and staff would evaluate their
curriculum and issue the cards to anyonE~ that had been
through the establishments' training programs.
Mr. King requested that Ms. Dickson contact the Virginia
Restaurant Association and the Chamber of Commerce to
determine the impact of the proposed fees on the restaurant
industry, as well as their thoughts on the proposed fees.
Discussion then ensued relative to real estate revaluations.
Mr. Miller stated a discussion was held in the Budget and
Audit Committee meeting this afternoon relative to the
possibility of deferring taxation on properties of the
elderly until the property is disposed of or until their
death. He further stated staff would study this issue and
determine whether it can be done on a voluntary basis.
In response to Mr. Miller's question, Mr. Carmody stated the
equivalent real estate tax rate to offset all but one percent
of the change in growth due to revaluation, not new
construction, is 92 cents.
Mr. King requested that staff look at any options that will
afford additional tax relief to senior citizens.
In response to Mr. Sowder's question, Mr. Carmody stated the
county is not yet at the state net worth cap in providing tax
relief to senior citizens.
-
Mr. Sowder stated he likes Mr. Miller's idea regarding
deferral of real estate taxes for senior citizens, and he
also thinks the county needs to take a look at increasing the
net worth cap.
COMMUNXTY SERVICES BOARD PROPOSED FY2008 BUDGET
Mr. Braunstein introduced Ms. Robin Wintzer, Chair of the
Community Services Board, to discuss CSB accomplishments.
Ms. Wintzer stated the CSB provides services to citizens of
all ages from infancy to older adults. She provided a
FY05/06 strategic indicators scorecard, which summarizes all
07-97
02/14/07
of the services and supports of the CSB, and reflects the
CSB's successes as well as challenges. She stated 98 percent
of the fee revenues budgeted by the CSB were collected, and
expenses were kept below budgeted amounts. She further
stated the CSB uses customers' feedback and suggestions to
improve responsiveness. She provided details of improved
retention of both full and part time employees. She stated
the CSB proudly partners with the county's public safety
system on various proj ects. She then introduced Ms. Gayle
Skibinski, Vice Chair of the CSB, to discuss CSB challenges.
Ms. Skibinski stated, although the CSB provides high quality
services to many citizens, it fails to provide those services
in a timely manner to a large number of citizens, indicating
that over 60 percent of the CSB's service areas cannot
provide adequate access to key services, and almost 75
percent of its service areas cannot keep up with the growing
demand. She further stated intake calls have increased 7
percent in each of the past three years, and she expressed
concerns relative to the wait time for various services. She
stated overall enrollment of the Infant Services program has
grown by 66 percent in the last three years; Case Managers
have caseloads that are 15-25 cases higher than the state
standard; psychiatrists have caseloads that are over 150 more
people than is recommended by their profession; and
outpatient mental health clinicians have caseloads that are
20 percent higher than recommended. She further stated the
CSB will work with the Board and county leadership to meet
its important goals and maintain its status as a First Choice
Community Services Board.
Discussion ensued relative to the caseload attributable to
illegal immigrants.
Mr. Braunstein stated the number of people that the CSB is
aware of that are being served who are in the country
illegally is rather negligible (below one-tenth of one
percent. ) He further stated services for legal Spanish-
speaking citizens have increased at such a rate that the CSB
has had to recruit for a required, rather than preferred, bi-
lingual therapist. He noted the CSB is required by the
funding sources of some of their services not to ask any
background information to determine citizenship, but staff is
fairly in tune to the histories of their consumers.
Mr. Miller expressed concerns that specific statistics are
not available regarding the caseload attributable to illegal
immigrants.
Discussion ensued relative to the increase in enrollment for
Infant Services and other CSB services.
Mr. Miller thanked Mr. Braunstein for the informative
presentation.
7 . DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
07-98
02/14/07
--
--
.----
8.A. STREETLIGHT INSTALLATION COST APPROVALS
On motion of Mr. Warren, seconded by Mr. King, the Board
approved the following streetlight installations:
Bermuda District
· In the Sylvania Subdivision, on Sylvania Road
in the vicinity of 3307 on the existing pole
Cost to install streetlight: $3.59
Clover Hill District
· In t~he Fox Chase Subdivision of the Brandermill
Community, at the intersection of Fox Chase Court
and Fox Chase Drive
Cost. to install streetlight: $IO, 668. 6~~
Dale District
· In the Meadowbrook Estates Subdivision,
on Monza Drive opposite 3700
Cost to install streetlight: $2,198.71
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8 . B. APPOINTMENTS
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment of members to serve on
the Community Policy and Management Team, Chesterfield
Community Services Board, and the Committee on the Future.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8 . B .1. COMMUNITY POLICY AND MANAGEMENT TEAM
-
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
simultaneously nominated/reappointed the following members to
serve on the Community Policy and Management Team, whose
terms are effective January I, 2007 and expire December 31,
2008, with the exception of Ms. Dickson, whose term will be
at the pleasure of the Board: Ms. Rebecca Dickson
(Chairper'son and Board representative), Mr. Bob Allin, Ms.
Gayle Turner, Ms. Suzanne Fountain, Dr. Jackie Wilson, Ms.
Gail Sutler, Ms. Jana Carter, Ms. Debbie Dugger, Mr. Ed
Nicely and Mr. Stephan Stark.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-99
n.,/1A/n"7
8 . B. 2 . CHESTERFIELD COMMUNITY SERVICES BOARD
On motion of Mr. Miller, seconded by Mr.
simultaneously nominated/appointed Ms.
representing the county at-large, to
Chesterfield Community Services Board,
effective March 1, 2007 and expires December
Sowder, the Board
Susan C. Ward,
serve on the
whose term is
31, 2009.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
--
8 . B. 3 . COMMITTEE ON THE FUTURE
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed Mr. Thomas Owens,
representing the Dale District, to serve on the Committee on
the Future, whose term is effective immediately and will be
at the pleasure of the Board.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C. CONSENT ITEMS
8.e.l. ADOPTION OF RESOLUTIONS
8 . C. 1. a. RECOGNIZING MR. ROBERT W. ATKINS, FLEET MANAGEMENT
DIVISION, DEPARTMENT OF GENERAL SERVICES, UPON HIS
RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
'..-'
WHEREAS, Mr. Robert Wayne Atkins retired February I,
2007 after providing more than nineteen years of dedicated
and faithful service to Chesterfield County and Chesterfield
County Public Schools; and
WHEREAS, Mr. Atkins began his service August I,
an automotive technician for Chesterfield County
Schools; and
1987 as
Public
WHEREAS, Mr. Atkins served as automotive technician, in
the Department of General Services, Fleet Management Division
for fourteen years; and
WHEREAS, Mr. Atkins has seen the county bus fleet grow
to its present size of almost 600 buses; and
WHEREAS, Mr. Atkins always performed his duties and
responsibilities in a professional manner and placed the
welfare and safety of the children, operators of Chesterfield
County school buses, and fellow county employees above his --
own; and
WHEREAS, Mr. Atkins is a true professional, served as a
mentor to his peers, and was always a reliable source of
information; and
WHEREAS, Mr. Atkins will be greatly missed.
07-100
02/14/07
NOW, THEREFORE BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Robert Wayne
Atkins and extends appreciation for his nineteen years of
dedicated service to the county, congratulations upon his
retirement, and best wishes for a long and happy retirement.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.l.b. RECOGNIZING MR. DUANE E. JORDAN, FLEET MANAGEMENT
DIVISION, DEPARTMENT OF GENERAL SERVICES, UPON HIS
RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Mr. Duane E. Jordan retired December 29, 2006
after providing twenty-three years of dedicated and faithful
service to Chesterfield County; and
WHEREAS, Mr. Jordan began his service
as a medium/heavy truck technician, in
County Department of General Services
Division; and
October 17, 1983
the Chesterfield
Fleet Management
WHEREAS, Mr. Jordan has seen the county fleet grow to
its present size of more than 2,500 vehicles; and
-,
WHEREAS, Mr. Jordan unselfishly volunteered on more than
one occasion to serve as acting automotive maintenance
supervisor until a permanent supervisor could be recruited;
and
WHEREAS, Mr. Jordan suggested and received approval to
free up space in the heavy vehicle shop by establishing an
on-site maintenance team for the Department of Utilities; and
WHEREAS, Mr. Jordan always performed his duties and
responsibilities in an excellent manner and placed the
welfare and safety of citizens and fellow county employees
above his own personal comfort and feelings and will be
missed by his fellow co-workers.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Duane E. Jordan
and extends appreciation for his twenty-three years of
dedicated service to the county, congratulations upon his
retirement, and best wishes for a long and happy retirement.
.~
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8. C .1. c . RECOGNIZING MRS. RAE JEAN MCDONNELL, EMERGENCY
COMMUNICATIONS CENTER, UPON HER RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Mrs. Rae Jean McDonnell began her public
service with Chesterfield County in the Emergency
Communications Center as a Dispatcher in November 1978, and
07-101
02/14/07
has faithfully served the county for 28 years until March I,
2007; and
WHEREAS, Mrs. McDonnell was able to adapt to the ever-
changing environment and growth wi thin Chesterfield County
and the Emergency Communications Center, was instrumental in
the implementation of the first Fire Computer Aided Dispatch
System for Chesterfield County, and participated in the
implementation of enhanced 9-1-1 and the county radio system
upgrades throughout her career; and
WHEREAS, Mrs. McDonnell displayed a helpful, courteous,
and caring attitude while working with internal and external
customers; and
~
WHEREAS, Mrs. McDonnell has provided a high level of
commi tment to her work performance by being a thorough and
conscientious employee; and
WHEREAS, Mrs. McDonnell has provided the Emergency
Communications Center and Chesterfield County with many years
of loyal and dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mrs. McDonnell's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. Rae Jean
McDonnell, and extends on behal f of its members and the
citizens of Chesterfield County, appreciation for her service
to the county, congratulations upon her retirement, and best
wishes for a long and happy retirement.
'-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
B.e.l.d. RECOGNIZING MR. ROBERT A. TALMAGE, III, UTILITIES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Mr. Robert A. Talmage, III will retire from
Chesterfield County Utilities Department on February 1, 2007;
and
WHEREAS, Mr. Talmage began his public service with
Chesterfield County on July 23, 1973, as a Laboratory
Technician Trainee for the Chesterfield County Utilities
Department and was promoted throughout his career to
positions of increasing responsibility including Plant
Operator II in 1975, Chief Plant Operator in 1976, Plant
Superintendent in 1977, and was reclassified to Plant Manager
on June 16, 1989 where he served faithfully until his __
retirement; and
WHEREAS, Mr. Talmage directed the operations and
maintenance of the Proctors Creek and Falling Creek
Wastewater Treatment Plants, with a combined capacity of 37.1
million gallons per day, a wastewater laboratory, the Falling
Creek Wastewater Pumping Station, and sludge handling and
Q~~PO~Q~ p~09~Qm~, p~ov~aca ~CCnll~CQ~ a~~CC~~Oll Qna ~~c~a
07-102
02/14/07
supervision to a staff of 43 employees; successfully led five
direct reports; and effectively developed and managed the
Wastewater Treatment Plant's operating budget, totaling $8.0
million in fiscal year 2007; and
-
WHEREAS, from 1973 to 2007, Mr. Talmage brought the
Chesterfield County Utilities Department into the new
millennium as a leader in customer service by consistently
meeting and exceeding our customers' expectations and
developing public relations and informational programs; as a
responsible protector of the environment by providing
wastewater treatment that is safe, reliable and
environmentally sound by establishing, implementing and
supporting training programs to achieve operator
certification and the development and maintenance of an
Environmental Management System; as an exemplary steward of
the public trust through preparation of annual budgets that
met our customers' needs in the most cost effective manner;
and as the employer of choice by selecting and maintaining a
diverse, high performing work force through his seasoned
leadership skills; and
-
WHEREAS, Mr. Talmage was well known and respected in the
wastewater industry for his commitment to pollution
prevention and continued improvement as demonstrated through
his dedication to the Proctors Creek Wastewater Treatment
Plant's Environmental Management Team and his efforts in
developing and implementing a functional, sustainable, ISO
14001 compliant Environmental Management System (EMS) that
was awarded the Exemplary Environmental Enterprise (E3)
designation by the Department of Environmental Quality in
September 2004, the first wastewater plant in the
Commonwealth of Virginia to obtain this honorable
designation; and
WHEREAS, Mr. Talmage's operation and maintenance
procedures have significantly improved plant performance and
reliability, increased the wastewater treatment plant's
personnel morale, and set an example for his employees with
his enthusiastic team spirit, cooperation and dedication, and
he helped advance the statue of wastewater operators through
his efforts to improve training, compensation and image, and
was instrumental in achieving appropriate increases in salary
scales for plant personnel by emphasizing the important role
they play in protecting the environment; and
WHEREAS, Mr. Talmage was selected as the first Utilities
Department Employee of the Year in 1986 due to his dedication
and hard work; and
WHEREAS, Mr. Talmage's efforts were recognized by the
wastewater industry throughout his career through numerous
awards and recognitions including EPA' s Regional Operations
and Maintenance Excellence Award; the Virginia Water
Pollution Control Association's Safety Award; Virginia Water
Pollution Control Association's Operations and Maintenance
Excellence Award; Association of Metropolitan Sewer Agencies'
Gold and Silver Awards; National Association of Clean Water
Agencies' Gold Award; and the Department of Environmental
Quality's Exemplary Environmental Enterprise (E3) Award for
Proctors Creek Wastewater Treatment Plant; and
07-103
02/14/07
WHEREAS, throughout his career with Chesterfield County,
Mr. Talmage displayed character, aptitude, a positive
attitude and a unique ability to effectively lead in all
situations and has significantly contributed in making
Chesterfield County Utilities Department effective,
progressive, well-trained and respected.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Robert A. Talmage,
III, and extends on behalf of its members and the citizens of
Chesterfield County, appreciation for over 33 years of
exceptional service to the county.
--
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
B.e.l.e. RECOGNIZING LT. COLONEL JAMES P. BOURQUE, POLICE
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Lieutenant Colonel James P. Bourque will retire
from the Chesterfield County Police Department on March 1,
2007, after providing 29 years of service to Chesterfield
County citizens; and
WHEREAS, Lieutenant Colonel Bourque has provided nearly
40 years of public service, with more than 35 years as a law
enforcement officer, including 29 years with the Chesterfield
County Police Department, as well as four years in the U.S.
Army, and one year of service in vietnam; and
"-'
WHEREAS, Lieutenant Colonel Bourque has faithfully and
honorably served Chesterfield County in the capacities of
patrol officer, investigator, sergeant, lieutenant, captain,
major and lieutenant colonel; and
WHEREAS, Lieutenant Colonel Bourque designed and
implemented the Chesterfield County/Colonial Heights Crime
Solvers program in conjunction with fellow founding members
in 1984, working with the group to develop an anonYmous tip-
reporting program that encourages participation from
citizens, media, and the police department to help reduce
crime and increase awareness within the community; and
WHEREAS, Lieutenant Colonel Bourque reintroduced and
developed the Police Chaplains program that provides
counseling and pastoral services for officers, their
families, department members, as well as citizens, and the
Cri tical Incident Stress Management program was initially
formed under his direction; and
WHEREAS, Lieutenant Colonel Bourque served as the "~
department's media advisor for more than 20 years, recognized
the importance of establishing positive relationships with
media members, and in 2001, wi th the concurrence of the
Office of the Chief of Police, created a Media Relations Unit
to enhance the flow of information to both news agencies and
the community; and
07-104
02/14/07
WHEREAS, Lieutenant Colonel Bourque was instrumental in
the formation of the Chesterfield County Retired Police
Officers' Association; and
-
WHEREAS, Lieutenant Colonel Bourque has served as Deputy
Chief of Police of Support Operations for the past three
years, and through this role has overseen the Administrative
and Operations Support bureaus, Human Resources Division,
Media Relations, and acted as the liaison to the Emergency
Communications Center; and
WHEREAS, Lieutenant Colonel Bourque and founding members
of the Chesterfield County Police Foundation created a non-
profit organization with the mission of supporting the
Chesterfield County law enforcement community and their
families in times of crisis and need; and
WHEREAS, Lieutenant Colonel Bourque spent the greater
part of his career in Criminal Investigations and oversaw the
investigation of numerous sensitive and high profile crimes,
and he also spearheaded a project that enabled the department
to staff its Forensic Unit with a majority of civilian
employees, greatly enhancing evidence collection and
resulting in a significant increase in the use of forensic
services; and
-
WHEREAS, Lieutenant Colonel Bourque serves or has served
on numerous local, state and national organizations in
various capacities throughout his career, including the
Travelers Aid Society of Virginia; Virginia Crime Stoppers
Association; Colonial Heights Sexual Abuse Task Force;
Virginia Department of Game and Inland Fisheries Crime Line;
Community Problem Solving Committee for the United Way;
Commonwealth Alliance for Drug Rehabilitation and Education;
and Court Appointed Special Advocates; and
WHEREAS, the Chesterfield County Police DepQrtment
members and his associates in these organizations will miss
Lieutenant Colonel Bourque's loyal and dedicated work ethic,
expertise and professionalism.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Lieutenant Colonel
James P. Bourque for his long and illustrious career in
public service, and extends on behalf of its members and the
citizens of Chesterfield County, appreciation for his
selfless service to the county, congratulations upon his
retirement, and best wishes for a long and happy retirement.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8. C .1. f . RECOGNIZING MS. CHRISTINE HARGRAVES UPON ATTAINING
THE GOLD AWARD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.6 million girls and was
founded to promote citizenship training and personal
development; and
07-105
02/14/07
WHEREAS, after earning four interest proj ect patches,
the Career Exploration Pin, the Senior Girl Scout Leadership
Award, the Senior Girl Scout Challenge, and designing and
implementing a Girl Scout Gold Award project; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and sYmbolizes outstanding accomplishments
in the areas of leadership, community service, career
planning, and personal development; and
--
WHEREAS, the Girl Scout Award can only be earned by
girls aged 14-17 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Ms. Christine Elizabeth Hargraves, Troop 569,
sponsored by Grace Lutheran Church, has accomplished these
high standards and has been honored with the Girl Scouts of
America Gold Award by the Commonwealth Girl Scout Council of
Virginia; and
WHEREAS, growing through her experiences in Girl
Scouting, learning the lessons of responsible ci tizenship,
and priding herself on the great accomplishments of her
country, Christine 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. Christine
Elizabeth Hargraves, extends congratulations on her
attainment of the Gold Award and acknowledges the good
fortune of the county to have such an outstanding young woman
a~ one of ~t~ c~t~~en~.
-..-/
Ayeg: Miller, Humphrey, King, Sowder and Warrsn.
Nays: None.
8 . C .1. g. APPROVING FINANCING PLAN FOR RICHMOND INTERNATIONAL
AIRPORT EXPANSION, MODERNIZATION AND RENOVATION
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Capital Region Airport Commission was
created pursuant to the provisions of Chapter 380 of the Acts
of Assembly of 1980, as amended (the "Enabling Act"), and
owns and operates the Richmond International Airport (the
"Airport"); and
WHEREAS, in order to expand its facilities due to
increasing passenger and cargo demand, the Commission desires
to undertake any or all of the improvements, enlargements or
replacements at the Airport (the "Project") and issue its -----
bonds, notes or other obligations (the "Obligations")
pursuant to a plan of financing, all as set forth in Exhibit
A attached hereto; and
WHEREAS, the Enabling Act requires that the governing
body of each participating political subdivision of the
Commission approve the maximum amount and general purposes of
tne 1ssuance OL 1naenteaness oy tne Comm1ss1on; ana
07-106
02/14/07
WHEREAS, Section 147(f) of the Internal Revenue Code of
1986, as amended (the "Code" ), provides that, following a
public hearing, the plan of financing for the issuance of
exempt facilities bonds or notes be approved by certain
elected public bodies in respect of the issuer of such bonds
or notes; and
-
WHEREAS, the plan of financing for the issuance of the
Obligations for the Project was the subject of a public
hearing by the Commission on December 12, 2006, in accordance
with the provisions of Section 147(f) of the Code; and
WHEREAS, the Commission has requested that the Board of
Supervisors of the County of Chesterfield, Virginia (the
"County") approve the plan of financing for the issuance of
the Obligations to finance or refinance any or all parts of
the proj ect and their maximum amount, as required by the
Enabling Act and to the extent required by the Code; and
WHEREAS, it is in the best interests of the County to
approve the Commission I s plan of financing as set forth in
Exhibi t A.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
.-
1. The Board hereby approves the issuance from time to
time of Obligations by the Commission pursuant to the plan of
financing for the Project, all as described in Exhibit A, and
the general purposes thereof for the financing or refinancing
of the proj ect, as required by the Enabling Act and to the
extent required by Section 147{f) of the Code.
2. The approval of the plan of financing for the
issuance of the Obligations does not constitute an
endorsement to prospective purchasers of the Obligations of
the creditworthiness of the Project, the Airport or the
Commission. As set forth in the plan of financing, the
Obligations shall provide that nei ther the County nor the
Commission shall be obligated to pay the Obligations or the
interest thereon or other costs incident thereto except from
the revenues and moneys pledged therefor and from any other
funds which may become available, and neither the faith or
credit nor the taxing power of the Commonwealth, the County
or the Commission shall be pledged thereto.
3. This resolution shall take effect immediately upon
its adoption.
(It is noted Exhibi t A is filed wi th the papers of this
Board. )
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.2. AUTHORIZE THE RECEIPT AND APPROPRXATION OF GRANT
FUNDS FROM THE RESCUE SQUAD ASSISTANCE FUND UNDER THE
MANAGEMENT OF THE VXRGINIA OFFICE OF EMERGENCY
MEDICAL SERVICES (VOEMS)
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the Fire and Emergency Medical Services Department
07-107
02/14/07
to receive and appropriate $120, 862.80 in grant funds from
the Rescue Squad Assistance Fund from the Virginia Office of
Emergency Medical Services (VOEMS). (It is noted the local
match of $98,998.20 is available in the Fire and Emergency
Medical Services Revenue Recovery program.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.3. SET DATES FOR PUBLIC HEARINGS
-'
8. C. 3 . a. TO CONSIDER PROPOSED AMENDMENT TO THE STREET NAMES
AND BUILDING NUMBERS ORDINANCE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
set the date of March 14, 2007 at 6:30 p.m. for a public
hearing for the Board to consider amending Section 16-13 of
the County Code relating to street type designation
standards.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8 .C. 3 .b. TO CONSIDER PROPOSED AMENDMENTS TO SECTION 19-99
OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1997,
AS AMENDED, PERTAINING TO FRONT YARD SETBACKS IN
THE R-7 ZONING DZSTRICT IN THE ETTRICK VILLAGE
CORE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
set the date of March 14, 2007 at 6:30 p.m. for a public
hearing for the Board to consider amendments to the County
Code relating to front yard setbacks in the R-7 Zoning
District in the Ettrick Village Core.
.-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8 . C. 4. APPROPRZATION OF GRANT FUNDS AND LOCAL MATCHING FUNDS
FOR THE SHERIFF'S OFFICE JAIL MANAGEMENT SYSTEM
REWRITE PROJECT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
appropriated $75,000 in grant funds from the Department of
Criminal Justice Services and $25,000 in local matching funds
for the Sheriff's Office Jail Management System Rewrite
Project. (It is noted the local match has been identified by
the department from the inmate canteen fund.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
---'
8 . C. 5 . AMENDMENT TO BOARD MINUTES OF
8.C.5.a. FEBRUARY 22, 2006 RELATING TO ZONING CASE
06SN0165
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
amenaea 'Cne mlnut::es or reoruary ZZ, zooo t::o correct:: 'Cne aat::e
07-1.08
02/14/07
of the Textual Statement approved by the Board in Zoning Case
06SNOl65 ( which was incorrectly listed as January 23, 2006
instead of January 26, 2006.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-
8.C.S.b. AUGUST 23, 2006 RELATING TO ZONING CASE 06SN0237
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
amended the minutes of August 23, 2006 to correct the date of
the Textual Statement approved by the Board in Zoning Case
06SN0237, which was incorrectly listed as last revised June
14, 2006 instead of June 21, 2006.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8. C. 6 . APPROVAL OF UTILITY CONTRACTS
8.C.6.a. FOR THE HALFWAY HOUSE HEIGHTS, LOTS 34-38 PROJECT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved the following utility contract for Halfway House
Heights, Lots 34-38, Contract Number 06-0270:
Developer:
Parker Homes, Inc.
-
Contractor:
C & L Plumbing, Inc.
Contract Amount:
Estimated County Cost for Additional Work
Estimated County Cost for Offsite Water
Estimated County Cost for Offsite Sewer .
$1,105.00
$2,598.00
$2,255.00
Estimated Developer Cost.
Estimated Total
. $35,342.00
$41,300.00
Code: (Cash Refund - Additional Work) 5N-572WO-E4C
(Refunds thru Connections - Offsite Water) 5N-572VO-E4D
(Refunds thru Connections - Offsite Sewer) 5N-572VQ-E4D
District: Bermuda
And, further, the Board authorized the County Administrator
to execute the necessary documents.
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8. C. 6 . b. FOR WESTCHESTER PET RESORT KENNEL ADDITION PROJECT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved the following Utility Contract for Westchester Pet
Resort Kennel Addition, Contract Number 06-0315:
07-109
02/14/07
Developer:
Gcorgeanna M. Lyne
Contractor:
Buchannan and Rice Contractors, Inc.
Contract Amount:
Estimated County Cost for Offsite & Oversizing
(Water) . . . . . .. .......... $4,939.00
Estimated County Cost for Offsite (Sewer) . . $2,818.75
Estimated Developer Cost $115,612.34
Estimated Total. . . . .. ........ $123,370.09
Code: (Refunds thru Connections - Offsite Water) 5B-572VO-E4D
(Refunds thru Connections - Offsite Sewer) 5N-572VO-E4D
'-'
District: Bermuda
And, further, the Board authorized the County Administrator
to execute the necessary documents.
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.7. REQUESTS FOR PERMISSION
8 . C. 7 . a. FROM BB HUNT, LLC FOR PROPOSED PRIVACY FENCES TO
ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT,
AN EIGHT-FOOT EASEMENT, A TWENTY-FOOT WATER
EASEMENT, A TEN-FOOT TEMPORARY CONSTRUCTION
EASEMENT AND A TEN-FOOT COMMON AREA EASEMENT ACROSS
LOTS IN HAYWOOD VILLAGE, SECTION A AT CHARTER
COLONY
-'
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from BB Hunt, LLC for permission for
proposed fences to encroach two feet into a l6-foot drainage
easement, an 8-foot easement, a 20-foot water easement, a IO-
foot temporary construction easement and a 10-foot common
area easement across Lots in Haywood Village, Section A at
Charter Colony, subject to the execution of a license
agreement. (It is noted a copy of the vicinity sketch is
filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.7.b. FROM LEROY L. ANDERSON, III AND JEAN' B. ANDERSON,
TROSTE:E:S ONDE:R THE: JEAN B. ANDE:RSON REVOCABLE TRUST
DATED NOVEMBER 16, 1999 TO INSTALL A PRIVATE SEWER
SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY
ON OLD GUN ROAD WEST --"
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Leroy L. Anderson, III and Jean B.
Anderson, Trustees Under The Jean B. Anderson Revocable Trust
Dated November 16, 1999 for permission to install a private
sewer service within a private easement, and authorized the
County Administrator to execute the sewer connection
07-110
02/14/07
agreement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.7.c. FROM BOONE HOMES, INCORPORATED FOR PROPOSED PRIVACY
FENCES TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE
EASEMENT, AN EIGHT-FOOT EASEMENT, A TWENTY-FOOT
WATER EASEMENT AND A TEN-FOOT TEMPORARY
CONSTRUCTION EASEMENT ACROSS LOTS IN HAYWOOD
VILLAGE, SECTION A AT CHARTER COLONY
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Boone Homes, Incorporated for
permission for proposed privacy fences to encroach two feet
into a 16-foot drainage easement, an 8-foot easement, a 20-
foot water easement and a 10-foot temporary construction
easement across Lots in Haywood Village, Section A at
Charter Colony, subject to the execution of a license
agreement. (It is noted a copy of the vicinity sketch is
filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-
8.C.7.d. FROM ERIC M. AND COLEEN K. ENGLISH TO INSTALL A
PRIVATE WATER SERVICE WITHIN A PRIVATE EASEMENT TO
SERVE PROPERTY ON GENITO ROAD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Eric M. English and Coleen K. English
for permission to install a private water service within a
private easement to serve property at 15621 Genito Road, and
authorized the County Administrator to execute the water
connection agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8 . C . 7 . e. FROM HUMBERTO AND ANA N. GOMEZ FOR A PROPOSED
PICKET FENCE TO ENCROACH WITHIN A SJ:XTEEN-FOOT
DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS
LOT 67, LELAND VILLAGE AT CHARTER COLONY SECTION A
,-
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Humberto Gomez and Ana N. Gomez for
permission for a proposed picket fence to encroach within a
16-foot drainage easement and an 8-foot easement across Lot
67, Leland Village at Charter Colony Section A, 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: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
07-111
02/14/07
8.C.7.f. FROM DXANA P. GRAFF FOR A PROPOSED FENCE TO
ENCROACH WXTHIN AN EXGHT-FOOT DRAXNAGE EASEMENT AND
AN EIGHT-FOOT EASEMENT ACROSS LOT 3, ARMISTEAD
VILLAGE SECTION A AT CHARTER COLONY
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Diana P. Graff for permission for a
proposed fence to encroach four feet into an 8-foot drainage
easement and an 8-foot easement across Lot 3, Armistead
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: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.7.g. FROM MCBAR INDUSTRIES, INCORPORATED TO INSTALL A
PRIVATE WATER SERVICE WXTHIN A FORTY-FOOT
UNIMPROVED COUNTY RIGHT OF WAY AND TO INSTALL A
PRXVATE SEWER SERVICE WITHIN A PRXVATE EASEMENT
8.C.7.g.1. TO SERVE PROPERTY AT 4336 RIVER ROAD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from McBar Industries, Incorporated for
permission to insta.ll a pri"a.t~ wat~r servic8 within a 40-
foot unimproved county right of way and to install a private
sewer service within a private easement to serve property at
4336 River Road, subject to the execution of a license
agreement, and authorized the County Administrator to execute
the water and sewer connection agreements. (It is noted
copies of the plats are filed with the papers of this Board.)
_/
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.7.g.2. TO SERVE PROPERTY AT 4332 RIVER ROAD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from McBar Industries, Incorporated for
permission to install a private water service wi thin a 40-
foot unimproved county right of way and a private sewer
service within a private easement to serve property at 4332
River Road, subject to the execution of a license agreement,
and authorized the County Administrator to execute the water
and sewer connection agreements. (It is noted copies of the
plats are filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.7.h. FROM MCBAR INDUSTRIES, INCORPORATED TO USE AND ~-
MAINTAXN AN EXISTING GRAVEL DRIVEWAY WITHIN A
FORTY-FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS
ALLIE WOODS DRIVE
8.C.7.h.1. TO ACCESS PROPERTY AT 4332 RIVER ROAD
On motion of Mrs. HUmDhrey, seconded by Mr. King, the Board
approvea a request: r:rom MC:5ar Inaust:r1es, Incorporat:ea :ror
07-112
02/14/07
permission to use and maintain an existing driveway within a
portion of a 40-foot unimproved county right of way known as
Allie Woods Drive to access property at 4332 River Road,
subj ect to the execution of a license agreement. (It is
noted a copy of the plat is filed with the papers of this
Board. )
'........
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.7.h.2. TO ACCESS PROPERTY AT 4336 RIVER ROAD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from McBar Industries, Incorporated for
permission to use and maintain an existing driveway within a
portion of a 40-foot unimproved county right of way known as
Allie Woods Drive to access property at 4336 River Road,
subj ect to the execution of a license agreement. (It is
noted a copy of the plat is filed with the papers of this
Board. )
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8. C. 7 . i . FROM EDWARD L. AND MELISSA J. MURRELLE FOR. A
PROPOSED FENCE TO ENCROACH WITHIN AN EIGHT-FOOT
DRAINAGE EASEMENT ACROSS LOT 6, :MALLORY VILLAGE
SECTION A AT CHARTER COLONY
,-
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Edward L. Murrelle and Melissa J.
Murrelle for permission for a proposed fence to encroach
within an 8-foot drainage easement across Lot 6, Mallory
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: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.7.j. FROM NORTH SETTLERS LANDING ASSOCIATION FOR. A
WOODEN FOOT BRIDGE TO ENCROACH WITHIN A SIXTEEN-
FOOT DRAINAGE EASEMENT ~THIN NORTH SETTLERS
LANDING, SECTION 3
-
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from North Settlers Landing Association
for permission for a wooden foot bridge to encroach within a
16-foot drainage easement within North Settlers Landing,
Section 3, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
thi s Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.8. AWARD OF CONSTRUCTION CONTRACT FOR THE RrvER ROAD
ELEVATED WATER TANK PROJECT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
awarded a construction contract to Landmark Structures in the
amount of $3, 140, 000; transferred $3,454,000 from 5H-58350-
050149E to 5H-58350-050150E; and authorized the County
Administrator to execute the necessary documents.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
_/
8.C.9. REQUESTS TO QUITCLAIM
8.C.9.a. A SIXTEEN-FOOT SEWER EASEMENT AND A SIXTEEN-FOOT
DRAINAGE EASEMENT ACROSS THE PROPERTY OF THE
TRUSTEES OF WINFREE MEMORIAL BAPTIST CHURCH
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
16-foot sewer easement and a 16-foot drainage easement across
the property of the Trustees of Winfree Memorial Baptist
Church. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.9.b. A SIXTEEN-FOOT DRAINAGE EASEMENT (PRIVATE) ACROSS
THE PROPERTY OF ELDERPUCKETT PROPERTIES, LLC
--./
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
16-foot drainage easement (private) across the property of
Elderpucket t Properties, LLC. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.9.c. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS
THE PROPERTY OF UPSHUR PROPERTIES, L.L.C.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16-foot water easement across the property of
Upshur Properties, L.L.C. (It is noted a copy of the plat is
riled with the papers of this Board.)
--'"
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.l0. DESIGNATION OF RIGHT OF WAY AND VIRGINIA DEPARTMENT
OF TRANSPORTATION DRAINAGE EASEMENTS FOR PROPOSED
"HORNER PARK ROAD"
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
designated right of way and Virginia Department of
Transportation drainage easements for proposed "Horner Park
Road," and authorized the County Administrator to execute the
Declaration. (It is noted copies of the plats are filed with
the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.ll. ACCEPTANCE OF PARCELS OF LAND
8. C .11. a. ALONG THE SOUTH RIGHT OF WAY LINE OF IIIDLOTHIAN
TURNPIKE AND THE WEST RIGHT OF WAY LINE OF
COALFIELD ROAD FROM THE TRUSTEES OF WINFREE
MEMORIAL BAPTIST CHURCH
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of parcels of land containing a total
of 0.433 acres along the south right of way line of
Midlothian Turnpike (State Route 60) and the west right of
way line of Coalfield Road (State Route 754) from the
Trustees of Winfree Memorial 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: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8. C .11. b. ALONG THE NORTH RIGHT OF WAY LINE OF EAST HUNDRED
ROAD FROM SBeOm> FORTOU, LLC
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.092
acres along the north right of way line of East Hundred Road
(State Route 10) from Second Fortune, 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: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.ll.c. ALONG THE NORTH RIGHT OF WAY LINE OF EAST HUNDRED
ROAD FROM CESARE II. AND TERESA B. EVOLA
,.......
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of two parcels of land containing a
total of 0.092 acres along the north right of way line of
East.Hundred Road (State Route 10) from Cesare M. and Teresa
B. Evola, 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: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
t-
8. C .11. d. ALONG THE WEST RIGHT 01' WAY LINE 01' IRONBRIDGE
ROAD FROM ELLWOOD PROPERTIES, L.C.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of two parcels of land containing a
total of 0.0497 acres along the west right of way line of
Ironbridge Road (State Route 10) from Ellwood Properties,
L.C., and authorized the County Administrator to execute the
deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
---
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.12. AUTHORIZATION OF GREATER RICHMOND TRANSIT COMPANY TO
CHANGE RICHMOND/PETERSBURG EXPRESS ROUTE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution granting Greater Richmond
Transit Company the authority to change the route of the
Richmond/Petersburg Express:
WHEREAS, the Greater Richmond Transit Company (GRTC) has
requested to relocate the John Tyler Community College stop
on the Richmond/Petersburg Express RoutE~; and
WHEREAS, GRTC has proposed an alternative route
utilizing Ruffin Mill Road, Route I and Route 10 with stops
at Bermuda Square and Breckinridge shopping centers; and
WHEREAS, GRTC will operate the alternate route at no
cost to the county.
---
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors grants GRTC the authority to make
the proposed route change utilizing Ruffin Mill Road, Route 1
and Route 10.
(It is noted a copy of the map of the proposed route change
is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
8.C.13. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
BERMUDA, CLOVER HILL, DALE, MATOACA AND MIDLOTHIAN
DISTRICT IHPROVEMENT FUNDS TO THE CHESTERFIELD
COUNTY SCHOOL BOARD FOR POST-PROM CELEBRATIONS
Mrs. Humphrey clarified that the funding requested by
Community High School is for the prom event because they do
not have a post-prom celebration.-~
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
transferred $1,900 from the Bermuda District Improvement
Fund; $2,900 from the Clover Hill District Improvement Fund;
$1,900 from the Dale District Improvement Fund; $2,900 from
the Matoaca District Improvement Fund; and $2,400 from the
Midlothian District Improvement Fund to the Chesterfield
county ~cnOOL ~oara tor arug- ana aLCOhOL-tree post-prom
07-116
celebrations, subject to the conditions described in the
papers of this Board.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9. B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
9. C. REPORT ON ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
9.D. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR NEW CINGULAR WIRELESS PCS, LLC
(CASE 07PD0236) TO CO-LOCATE AN ANTENNA ON A
VIRGINIA POWER STRUCTURE OFF TURNER ROAD
On motion of Mrs. Humphrey, seconded by Mr. Sowder, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contractsj a Report on the Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchasesj and a Report on
Planning Commission Substantial Accord Determination for New
Cingular Wireless PCS, LLC (Case 07PD0236) to Co-Locate an
Antenna on a Virginia Power Structure off Turner Road.
,.-
And, further, the following roads were accepted into the
State Secondary System:
ADDITION
LENGTH
Barrow Place, Section 2
{Effective 12/27/2006)
Stonegate Court (Route 7122) - From Stonegate
Road (Route 1238) to Cul-de-sac
o . 10 Mi.
Stonegate Road (Route 1238) - From 0.16 mile
east of Barrow Place (Route 1244) to Stonegate
Court (Route 7122)
o . 04 Mi.
Stonegate Road (Route 1238) - From Stonegate
Court (Route 7122) to Cul-de-sac
o . 13 Mi.
Queens Grant At Riverdowns
(Effective 12/18/2006)
,........
Queens Grant Drive (Route 5758) - From 0.01 mile
south of Riverdowns South Drive (Route 5749) to
Royal Crest Drive (Route 5759)
o . 52 Mi.
Royal Crest Drive (Route 5759) - From Queens
Grant Drive (Route 5758) to Cul-de-sac
o . 05 Mi.
Royal Crest Drive (Route 5759) - From 0.03
mile west of Queens Grant Drive (Route 5758)
o . 03 Mi.
-
Stockleigh at Longmeadow, Section 1
(Effective 12/18/2006)
Abbeydale Drive (Route 5977) - From 0.08 mile
east of Burley Ridge Lane (Route 5978) to
Abbeydale Terrace (Route 5976)
o . 04 Mi.
Abbeydale Drive (Route 5977) - From Abbeydale
Terrace (Route 5976) to Cul-de-sac
o . 06 Mi.
Abbeydale Terrace (Route 5976) - From Abbeydale
Drive (Route 5977) to Cul-de-sac
o . 07 Mi.
-,,'
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Mary Jo Dailey provided details of the importance of
reading aloud to children and invited Board members to
participate in the National Education Association's Read
Across America Day on March 2, 2007.
Mr. John Cogbill expressed appreciation to the Board for
meeting with citizens to discuss transportation initiatives.
He noted that, in reviewing recent real estate data, the
county's assessments are still not at 100 percent; therefore,
he does not think they are out of line. He stated the
county's population has increased at approximately 2.1
percent over the last six years, which is substantially lower
than many other ]urisdlctions in the state, including
Goochland, powhatan, New Kent and James City. He further
stated the jobless rate in the Richmond Metropolitan Area was
rated the best in the country in December 2006, and
Chesterfield's rate is below that. He stated people come to
Chesterfield because of its quality of life, jobs, and to
raise a family in a good place, indicating that he thinks
this will continue under the Board's leadership.
-'
10.A. CLOS!D SESS%ON ~URSOANT TO SECTION 2.2-3711(A)(7),
CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION
WITH LEGAL COUNSEL REGARDING A SPECIFIC LEGAL MATTER
REQUIRING THE PROVISION OF LEGAL ADVICE RELATING TO
A CLAIM AGAINST A CHESTERFIELD COUNTY POLICE OFFICER
On motion of Mr. King, seconded by Mr. Warren, the Board went
into Closed Session pursuant to Section 2.2-3711(A) (7), Code
of Virginia, 1950, as amended, for consultation with legal
counsel regarding a specific legal matter requiring the
provision of legal advice relating to a claim against a
Chesterfield County pollee offleer.
-'
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Reconvening:
On motion of Mr. Miller, 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
effective July I, 1989 provides for certification that
Closed Session was conducted in conformity with law.
Act
such
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:
-
Mr. Sowder:
Mr. King:
Mr. Warren:
Mrs. Humphrey:
Mr. Miller:
Aye.
Aye.
Aye.
Aye.
Aye.
11. DINNER
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
recessed to the Administration Building, Room 502, for dinner
with members of the Community Services Board.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays; None.
Reconvening:
12 . INVOCATION
-~
Dr. Clarence W. Martin, Senior Pastor of The Upper Room
Chapel gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Ross Newcomb led the Pledge of Allegiance to the
flag of the United States of America.
14. RESOLUTIONS
14.A. RECOGNIZING FEBRUARY 2007, AS "CHILDREN'S DENTAL
HEALTH MONTH" IN CHESTERFIELD COUNTY
Mr. Kappel introduced Dr. Samuel Galstan and Dr. Sharone
Ward, who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WfiEREAS1 the fifth Annual "Give Kids a Smile! Access to
Dental Care Day" will be conducted in a number of
Chesterfield County dental offices and schools on February 2,
2007; and
_/
WHEREAS, numerous children's dental
~ctiyitie6 Qnd education will take place
County Schools throughout February 2007; and
health outreach
in Chesterfield
WHEREAS, through the joint efforts of the Southside
Dental Society; the Virginia Department of Health, Division
of Dentistry; the Medical College of Virginia School of
Dentistry; the Alliance of the Souths ide Dental Society;
local dentist and dental healthcare providers who volunteer
their time, and the school district of Chesterfield County,
this program was established to foster the improvement of
children's dental health; and
WHEREAS, these dental volunteers have provided
educational materials and programs and stress the importance
of regular dental examinations; daily brushing and flossing;
proper nutrition; sealants and the use of mouth guards during
athletic activities; and
-~
WHEREAS, several local dental offices volunteered their
services on "Give Kids a Smile! Access to Dental Care Day,"
to provide treatment and education to local underprivileged
children.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 14th day of February 2007,
publicly recognizes February 2, 2007 as "Give Kids a Smile!
Access to Dental Care Day" and February 2007 as "National
Children's Dental Health Month" in Chesterfield County, and
expresses gratitude, on behalf of all Chesterfield County
residents, and commends those organizations responsible for
their proactive approach to dental health and also commends
Dr. Samuel W. Galstan, Dr. C. Sharone Ward, Dr. Frank
Farrington and JoAnne Wells, R.D.H., for helping to protect
our children's dental health.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mrs. Humphrey presented executed resolutions to Dr. Galstan __
and Dr. Ward, and expressed appreciation for their efforts in
promoting children's dental health.
14.B. RECOGNIZING THE 2006 MIDLOTHIAN POST 186 AMERICAN
LEGION BASEBALL TEAM FOR THEIR OUTSTANDING
ACCOMPLISHMENTS DURING THE 2006 SEASON AND FOR THEIR
EXCELLENT REPRESENTATION OF CHESTERFIELD COUNTY
Mr. Kappel introduced the coaches and members of the 2006
Midlothian Post 186 American Legion Baseball Team, who were
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, participation in recreational sports has long
been an integral part of Chesterfield County's educational,
physical, and emotional development for our citizens; and
WHEREAS, the 2006 Midlothian Post 186 American Legion
Baseball Team, under the direction of Business Manager Bob
Whitney and Coaches Richard Worcester and Dave Jones,
completed its regular season with a 20 and 2 win/loss record;
swept the American District II title for the second
consecutive year; won the State of Virginia championships in
Salem, Virginia against district champions from across the
state; and won the Region 2 American Legion Championship in
Newburg, New York against state champions from Maryland, West
Virginia, Delaware, Pennsylvania, New Jersey and New York;
and
.~
WHEREAS, the 2006 Midlothian Post 186 Team advanced to
the American Legion World Series in Cedar Rapids, Iowa, being
the first team in twelve years from Virginia to advance to
the National Championship, where the team competed against
regional winners from the states of Nevada, Massachusetts,
Louisiana, South Carolina, Nebraska, Indiana and Kansas; and
WHEREAS, the team members included Josh Alford, Philip
Cerreto, Josh Clements, David Coleman, Chris Duty, Matt
Edwards, Michael Encinas, David Jayne, Brant Jones, Martin
Lawrence, Drew Lawson, Rusty Linville, Jake Lowery, Mitchell
McGuire, Cory Minor, Evan Stehle, Adam Tiller and Dann Woods.
NOW, THEREFORE BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 14th day of February 2007,
publicly recognizes the 2006 Midlothian Post 186 American
Legion Baseball Team for its outstanding representation of
Chesterfield CountYi and
AND, BE IT FURTHER RESOLVED that the Board of
Supervisors, on behalf of the citizens of Chesterfield
County, commends the 2006 Midlothian Post 186 American Legion
Baseball Team for its commitment to excellence and
sportsmanship, and expresses best wishes for continued
success.
-
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mr. Sowder presented the
Worcester and congratulated
accomplishments.
executed
the team
resolution to Coach
on its outstanding
Coach Worcester introduced members of the team and thanked
the Board for the recognition.
Mr. Sowder recognized members of Boy Scout Troop 893 who were
present at the meeting.
14.C. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
14.C.l. MR. ROSS NEWCOMB, MATOACA DISTRICT
14.C.2. MR. BRANDON MCALPINE, MATOACA DISTRICT
-,/
14.C.3. MR. JAMES PHIFER, MATOACA DISTRICT
14.C.4. MR. RYAN HORN, BERMUDA DISTRICT
14. C .5. MR. CHRISTOPHER LILLARD, MATOACA DISTRICT
14.C.6. MR. STEPHEN PHILLIPS, MATOACA DISTRICT
Mr. Kappel introduced Mr. Ross Newcomb, Mr. Brandon McAlpine,
Mr. Ryan Horn, Mr. Christopher Lillard and Mr. Stephen
Phillips, who were present to receive resolutions.
On motion of the Board, the following resolution was adopted:
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. Ross Everett Newcomb, Troop 874, sponsored by Saint
Luke's United Methodist Church; Mr. Brandon D. McAlpine,
Troop 819, sponsored by Saint John's Episcopal Church; Mr.
James R. Phifer, III, Mr. Stephen Alexander Phillips and Mr.
Christopher Charles Lillard, all of Troop 806, sponsored by
Woodlake United Methodist Church; and Mr. Ryan Michael Horn,
Troop 837, sponsored by Chester Baptist 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 their experiences in Scouting,
learning the lessons of responsible citizenship, and --...;c
endeavoring to prepare themselves for roles as leaders in
society, Ross, Brandon, Jimmie, Stephen, Chris and Ryan have
distinguished themselves as members of a new generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 14th day of February 2007,
nereoy eXLenas lLS congra~u~aClons co Mr. ROSS Everett
Newcomb, Mr. Brandon D. McAlpine, Mr. James R. Phifer, III,
Mr. Stephen Alexander Phillips, Mr. Christopher Charles
Lillard and Mr. Ryan Michael Horn, and acknowledges the good
fortune of the county to have such outstanding young men as
its citizens.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mrs. Humphrey and Mr. King presented the executed resolutions
and patches to Mr. Newcomb, Mr. McAlpine, Mr. Phillips, Mr.
Lillard and Mr. Horn, accompanied by members of their
families, congratulated them on their outstanding
achievement, and wished them well in their future endeavors.
Each of the scouts provided details of
projects and expressed appreciation to
others for their support.
their Eagle Scout
their parents and
(It is noted Mr. Phifer was unable to attend the meeting, and
the resolution will be forward to him.)
13.A. SET PUBLIC HEARING DATE TO CONSIDER ADOPTION OF AN
ORDINANCE CREATING A TRANSPORTATION SERVICE DISTRICT
(ROAD CONSTRUCTION) FOR POWHITE PARKWAY EXTENSION WEST
-
Mr. Ramsey stated staff is requesting that the Board suspend
its rules to add an agenda item to set a public hearing date
to consider adoption of an ordinance creating a
transportation service district in the Route 360 Corridor.
Mr. King made a motion, seconded by Mr. Warren, for the Board
to suspend its rules at this time to add Item 13 .A., Set
Public Hearing Date to Consider Adoption of an Ordinance
Creating a Transportation Service District for powhite
Parkway Extension West, to the agenda.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
,~
Mr. Ramsey stated for many years, staff has been considering
the impact of the Magnolia Green development on the county's
transportation system. He further stated, after discussions
with Board members, staff is recommending that the Board of
Supervisors consider creating a transportation service
district, represented by the boundaries of the original
Magnolia Green zoning; schedule a public hearing for March
14, 2007 to consider the creation of that district; and that
the district be created with an additional 25 cents real
estate tax rate to help fund construction of the powhite
Parkway Extension. He noted that funds raised from a
transportation service district must be used to directly
benefit the geographic area for which it is collected.
Mrs. Humphrey made a motion, seconded by Mr. King, for the
Board to set the date of March 14, 2007 at 6: 30 p.m. to
consider adoption of an ordinance creating a Transportation
Service District for powhite Parkway Extension West.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Navs: None.
>-
15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDERI - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION
o 07SN0228
In Clover Hill Magisterial District, CHESTERFIELD COUNTY
PLANNING COMMISSION requests amendment to use permit (Case
72SN0023) and amendment of zoning district map relative to
driveway widths, parking provisions and building setbacks.
The density of such amendment will be controlled by zoning
condi tions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for office and high
density residential use of 7.01 units per acre or less. This
request lies in a Residential (R-7) District on 18.7 acres
fronting approximately 400 feet on the west line of
Sturbridge Drive approximately 2,200 feet south of Midlothian
Turnpike. Tax ID 746-708-9525.
-"
Mr. Turner presented a summary of Case 07SN0228 and stated
the Planning Commission and staff recommended approval
subject to conditions. He requested the Board's approval as
the Planning Commission's agent for the case.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. King, the Board
approved Case 07SN0228, subject to the following conditions:
---..I'
1. All private drives and entrances shall be paved to a
width of twenty-one (21) feet and the developer shall
see to prohibition of parking thereon. (P)
(Note: This condition supersedes Condition 4 of Case
72SN0023.)
2. Parking spaces shall be provided at a ratio of 1.6
spaces per dwelling unit. The total calculation thereof
shall include an area set aside and designated for the
parking of trucks, campers, boats, travel and utility
trailers. (P)
(Note: This condition supersedes Condition 5 of Case
72SN0023.)
(Note: With the exception of Conditions 4 and 5, as amended
herein, and the deletion of Conditions 6, 9 and 10, all
previous conditions of Case 72SN0023 shall remain in effect.)
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
--
16. PUBLIC HEARINGS
16.A. TO CONSIDER PROPOSED AMENDMENTS '1'0 WATER QUALITY
ORDINANCES IN THE UPPER SWIFT CREEK WATERSHED
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider proposed amendments
to water quality ordinances in the Upper Swift Creek
Watershed. He further stated the proposed amendments pertain
only to land located upstream of the Swift Creek Reservoir
and address on-site stormwater mitigation practices. He
noted the Homebuilders Association supports the amendments,
and the Planning Commission unanimously recommended approval.
Mr. Miller called for public comment.
Mr. John Moore, a resident of Charter Colony, expressed
concerns relative to the necessity to fill in the sediment
basins scattered throughout the county. He presented the
Board with a petition with 80 signatures in support of the
proposed amendments.
Approximately 40 residents of Charter Colony were present at
the meeting and stood in support of the proposed amendments.
-
Mr. Mark Sowers expressed concerns that the proposed
amendments would eliminate the possibility of constructing a
regional BMP, indicating that he believes the regional BMP
issues can be resolved with the Corps of Engineers. He
requested that the portion of the ordinance relative to
sediment basins be repealed tonight and that the remainder of
the ordinance amendments be deferred to address issues that
have been raised.
Mr. Doug Cadle, a Brandermill resident, expressed concerns
that he can no longer kayak in certain areas of the reservoir
because of the sediment control devices that are in place.
He stated he supports the new erosion control proposals that
the Brandermill Community Association has outlined in a
letter to the county.
Mr. Forrest Clapp urged the Board to adopt the proposed
ordinance amendments, to comply in a timely manner with any
state and federal agency requirements to complete the overdue
revision of the Upper Swift Creek Plan, and to put the
residents' minds at ease about the future of the reservoir.
,~
Dr. Betty Hunter-Clapp urged the Board to adopt the proposed
amendments, indicating that she is concerned about Mr.
Sowers' request for a deferral. She stated she sees the
amendments as a temporary fix, realizing that a more
comprehensive watershed management plan is needed. She
expressed concerns relative to the Board allowing private
sources of water in the county.
Mr. Tyler Craddock, representing the Homebuilding Association
of Richmond, stated he supports the proposed amendments. He
further stated he still believes a Regional BMP Plan is the
correct way to control stormwater, but the proposed
amendments represent the best possible alternative at this
time. He requested that staff provide as much guidance up
front as nossible in the areas of the ordinance in which
Ms. Marleen Durfee, representing the Responsible Growth
Alliance of Chesterfield, stated the proposed ordinance
amendments wiii help protect water quality and will also
address unsightliness and safety concerns associated with
sediment basins.
Ms. Andrea Epps, representing the Brandermill Community
Association, stated she strongly supports the enactment of
enforceable pollution controls for the Swift Creek Reservoir.
She suggested the following measures: I) all references to
previously unsuccessful ordinances should be removed; 2)
newly adopted ordinances should meet the new state law which
will impose a .40 milligrams per liter in-lake phosphorous
limi t; 3) the active enforcement of environmental proffers
made at the time of zoning, especially those proffered
temporary BMPS, must be maintained until permanent facilities
are constructed; and 4) the county should strictly enforce
proffered conditions of zoning for those properties vested in
the pro-rata system,
-'
There being no one else to speak to the ordinance amendments,
the public hearing was closed.
Mr. Miller inquired about the reference made by Mr. Sowers to
a work session with the development community that never
occurred.
Mr. Ramsey stated he does not recall a discussion regarding a
work session with the development community, but there was
discussion about holding a work session regarding this issue
at the Board of Supervisors meeting on March 14, 2007.
--'"'
Mr. Warren stated, although he did not support deferral of
the ordinance amendments, he thinks everyone has learned a
lot as a result of the deferral. He expressed appreciation to
staff for presenting the details of the ordinance amendments
to the Board members and to the citizens and stated he hopes
the Board will adopt the amendments this evening.
In response to Mrs. Humphrey's question, Mr. McBlfish stated
Section 8-8 of the ordinance will address the sediment basin
concerns of the Charter Colony residents.
Discussion ensued relative to the prohibitions within the
Upper Swift Creek Watershed 100-year flood plains when the
contributing drainage area exceeds lOa acres in size.
Mrs. Humphrey expressed concerns relative to the
effectiveness of Sections 19-58 and 19-232 of the ordinance.
Mr. Sowder stated, although he sees this as a temporary plan,
he thinks the Board should move forward. He further stated,
in his opinion, the county must have a plan that is
applicable to the entire county, not just the Upper Swift '-
Creek Watershed. He inquired about the areas of the county
that are served by the reservoir and the responsibility for
protection of the reservoir by those who are served by it.
He stated he will support the proposed amendments.
Mr. King stated he is prepared to support a motion for
approval.
Mr. Ramsey stated staff will be glad to meet with Mrs.
Humphrey between now and the March 14 th work session to try
and address her concerns.
Mrs. Humphrey stated she will support the proposed
amendments, with the caveat that there be continued
discussions regarding the practicality of the ordinance.
Mr. Miller stated, although he has continuing concerns about
this issue and believes it may need to be revisited down the
road, he will support the proposed amendments. He further
stated, in his opinion, the Board should also consider the
private property rights of the landowners who wish to utilize
their property.
Mrs. Humphrey made a motion, seconded by Mr. King, for the
Board to adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY REPEALING
SECTIONS 12-71, 12-72, 12-73, 12-74, 12-75, AND 19-240,
AND AMENDING AND RE-ENACTING SECTIONS 8-8; 19-58, 19-232;
19-233 19-237, 19-238 AND 19-238.5 RELATING TO WATER QUALITY
IN THE UPPER SWIFT CREEK WATERSHED
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
-
(1) That Sections 12-71, 12-72, 12-73, 12-74, 12-75,
and 19-240 of the Code of the County of Chesterfield, 1997,
as amended, are repealed and Sections 8-8, 19-58, 19-232, 19-
233, 19-237, 19-238 and 19-238.5 are amended and re-enacted
to read as follows:
Sec. 8-8. Responsibility for the erosion and sediment
control plan.
The owner shall be responsible for preparing, submitting
and implementing the erosion and sediment control plan. The
owner shall also be responsible for the following:
000
(e) All sediment basins constructed in conjunction with
single family subdivisions or sections thereof that
drain to the Swift Creek Reservoir must remain in
place and fully stabilized until such time as
compliance with 19-238(d) (I) has been achieved.
000
Sec. 19-58. Floodplain regulations.
000
(e) 100-year flood plains in the Upper Swift Creek
Watershed.
(1) The following shall be prohibited wi thin the
Upper Swift Creek Watershed 100-year flood
plains when the contributing drainage area
exceeds 100 acres in size:
~
a. Clear cutting or thinning of trees;
b. Removal of tree stumps;
c. Clearing of vegetation;
d. Filling;
e. Grading;
f. Placement of fences or other appurtenant
structures.
000
(2) The following actions are exempt from the
prohibitions outlined above:
'-~
000
e. Approved proper woodlot management practices.
Sec. 19-232. Resource protection area regulations.
In addition to the general performance criteria set
forth in section 19-233, the criteria in this section are
applicable in resource protection areas.
(a) Land development may be allowed in a resource
protection area, subj ect to the approval of the
department of environmental engineering, only if it
(i) is water dependent; (ii) constitutes
redevelopment; (iii) is a permitted encroachment
established pursuant to subdivision (d) of this
section; (iv) is a road or driveway crossing
satisfying the conditions set forth in subdivision
(a) (4) of this section; or (v) is a flood control
or stormwater management facility satisfying the
conditions set forth in subdivision (a) (5) of this
section.
, --,'
000
(5) Flood control and stormwater management
facilities that drain or treat water from
mul tiple development proj ects or from a
significant portion of a watershed may be
allowed in resource protection areas, provided
that (i) the department of environmental
engineering has conclusively established that
the location of the facility within the
resource protection area is the optimum
location; (ii) the size of the facility is the
minimum necessary to provide necessary flood
control, stormwater treatment, or both; (iii)
the facility must be consistent with a
stormwater management program that has been
approved by the Chesapeake Bay Local
Assistance Board as a Phase I modification to ~
the county I s Chesapeake Bay Preservation Act
program; (iv) all applicable permits for
construction in state or federal waters must
be obtained from the appropriate state and
federal agencies, such as the U. S. Army Corps
of Engineers, the Virginia Department of
Environmental Quality, and the Virginia Marine
~esources Commission; (v) approval must be
n7-1'2A
..~
received from the department of environmental
engineering prior to construction; and (vi)
routine maintenance is allowed to be performed
on such facilities to assure that they
continue to function as designed. It is not
the intent to allow a best management practice
that collects and treats runoff from only an
individual lot or some portion of the lot to
be located with in a resource protection area.
000
Sec. 19-233. General perfor.mance criteria.
Any use, development or redevelopment
Chesapeake Bay Preservation area shall
performance criteria:
of land
meet the
within a
following
000
(f) Stormwater management criteria consistent with the
water quality protection provisions (4 VAC 3-20-71
et. seq.) of the Virginia Stormwater Management
Regulations (4 VAC 3-20) shall be satisfied.
(I) The following stormwater management options
shall be considered to comply with the
requirements of this subsection:
000
.........
b.
Compliance with a site-specific VPDES
permi t issued by the Department of
Environmental Quality, provided the
department of environmental engineering
specifically determines that the permit
requires measures that collectively
achieve water quality protection
equivalent to that required by this
subsection.
(h) Within the Upper Swift Creek Watershed, where the
best management practices utilized in a commercial
development require regular or periodic maintenance
in order to continue their functions, such
maintenance shall be ensured by a commercial surety
bond, bank letter of credit or cash escrow in an
amount equal to $1,500.00 for each impervious acre
or fraction thereof. The form of any bond or
letter of credit provided pursuant to this section
shall be subject to approval by the county
attorney.
(i) (1) Land on which agricultural activities are
being conducted, including but not limited to
crop production, pasture, and dairy and
feedlot operations, shall have a soil and
water quality conservation assessment
conducted that evaluates the effectiveness of
existing practices pertaining to soil erosion
and sediment control, nutrient management, and
management of pesticides and, where necessary,
results in a plan that outlines additional
practices needed to ensure that water quality
07-129
02/14/07
protection is being accomplished consistent
wi th the Chesapeake Bay Preservation Act and
this division.
(2) RMA performance criteria shall not apply to
land used for agricultural purposes, except
for the requirements in subsection (h) (1)
above.
(j) The director of environmental engineering may
authorize the developer to use a retention or
detention basin or alternative best management
practice facility to achieve the performance
criteria set forth in this chapter.
"..-....'
(k) The department of environmental engineering shall
require evidence of all wetlands permits required
by law prior to authorizing grading or other on-
site activities.
000
Sec. 19-237. Upper SWift Creek Watershed.
The Upper Swift Creek Watershed consists of all land in
the county located upstream of the Swift Creek Reservoir Dam.
Sec. 19-238. Development regulations.
Any use, development or redevelopment
Upper Swift Creek Watershed shall meet
performance criteria:
of land in the
the following
(a) No more land shall be disturbed than is necessary
to provide for the desired use or development;
(b) Indigenous vegetation shall be preserved to the
maximum extent possible consistent with the use or
development allowed;
(c) Land development shall minimize impervious cover
consistent with the use or development allowed;
(d) (I) Stormwater runoff shall be controlled to
achieve the following:
a.
For any new use or development,
development, nonpoint-source
runoff loads of phosphorous
shall not exceed the following:
the post-
pollution
and lead
(i) Phosphorus:
1.
The post-development total
phosphorus load for residential
uses located in areas
identified in the Midlothian
Area Community Plan for low
density residential (1.01 to
2.0 units per acre), in the
Route 288 Corridor Plan for
Residential (1 to 2.0 dwellings
per acre), and ln the upper
-..-'
07-130
02/14/07
Swift Creek Plan for single
family residential (2.0
units/acre or less), shall not
exceed 0.22 pounds per acre per
year.
2 .
The post-development
phosphorus load for all
uses shall not exceed
pounds per acre per year.
total
other
0.45
(ii) Lead:
1. The post-development total lead
load for nonresidential uses
and residential uses at a
density greater than 2.0 units
per acre loca ted in areas
identified for such uses in the
comprehensive plan shall not
exceed 0.19 pounds per acre per
year.
2. The post-development total lead
load for all other uses shall
not exceed 0.03 pounds per acre
per year.
b. For redevelopment sites not currently
served by water quality best management
practices, the existing nonpoint-source
pollution runoff loads of phosphorus and
lead shall be reduced by at least ten
percent after redevelopment; however, the
loads of such elements need not be
reduced below the levels set forth in
subsection (d) (l)a.
c. For redevelopment sites currently served
by water quality best management
practices, the post-development,
nonpoint-source pollution runoff loads of
phosphorus and lead shall not exceed the
existing loads or the loads set forth in
subsection (d) (l)a, whichever are
greater.
,-
(2) Compliance with the requirements of subsection
(d) (I) shall be achieved on site through
incorporation of best management practices
that achieve the required control, unless the
director of environmental engineering
determines that one of the following storm
water management options has been satisfied.
a. Mi tigation measures approved by the
director of environmental engineering in
conjunction with the plan approval
process. Mitigation measures may
include, but are not limited to, the
following: (i) construction of BMP's on
or off-site, (ii) retrofitting an
existing BMP on or off-site, (iii) stream
07-131
02/14/07
b.
d.
or buffer enhancements or restoration,
(iv) purchasing of credits from owners of
other property in the watershed when best
management practices on the other
property exceed the required control, (v)
use of perpetual conservation or open
space easements, and (vi) if the
foregoing mitigation measures are not
adequate to achieve the required control,
payment to the County of cash sufficient
to achieve the required control through
other mitigation measures as determined
by the director of environmental
engineering. Mi tigation measures shall
be approved by the director of
environmental engineering only when: (i)
the proposed mitigation measures are
located within the Upper Swift Creek
watershed, (ii) the proposed mitigation
measures are sufficient to achieve the
required control, and (iii) the applicant
provides an engineer's certification that
there is no viable means of sufficiently
achieving the required control on site.
Unless otherwise determined by the
director of environmental engineering,
mitigations measures shall be located in
the same subwatershed of the Upper Swift
Creek watershed.
Property that the director of planning
has determined to be vested as to the
right to comply with the required control
through pro rata payments for regional
BMPs pursuant to Article VI of chapter 12
repealed [date of adoption] , shall
achieve compliance through (i) a pro rata
payment equal to what would have been
required under chapter 12, which shall be
used for mitigation measures in the
watershed as determined by the director
of environmental engineering, (ii)
compliance with the other provisions of
19-238(d) (2), or (iii) a combination
thereof.
c. Compliance with a state or locally
implemented program of stormwater
discharge permits pursuant to section
402(p) of the federal Clean Water Act, as
set forth in 40 CFR 122, 123, 124 and
504, dated December 7, 1988.
For a redevelopment
completely impervious
developed, restoring a
percent of the site to
space.
site that is
as currently
minimum of 20
vegeta ted open
000
07-132
02/14/07
-'
..-'
~
Sec. 19-238.5. Boundary adjustments.
,~
(a) Boundary adjustments to resource management areas, as
provided for in section 19-231, shall not be permitted
in the Upper Swift Creek watershed. The director of
environmental engineering shall not grant an exception
to this provision, provided, however, that an applicant
may seek relief from this provision pursuant to section
19-19.
000
(2) That these ordinances shall become effective immediately
upon adoption.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
Mrs. Humphrey excused herself from the meeting.
16.B. TO CONSIDER AN OPTION AGREEMENT TO PURCHASE THE
REMAINING ACREAGE OF APPROXIMATELY 9.75 ACRES OF
PROPERTY LOCATED ON REYCAN ROAD IN THE CHESTERFIELD
COUNTY INDUSTRIAL AIRPARK WITH COURTHOUSE 3, LLC
Mr. Davis stated this date and time has been advertised for a
public hearing for the Board to consider an option agreement
with Courthouse 3, LLC to purchase 9.75 acres on Reycan Road
in the Chesterfield County Industrial Airpark.
Discussion ensued relative to the principals of Courthouse 3,
LLC.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Miller, seconded by Mr. King, the Board
authorized the County Administrator to enter into an option
agreement approved by the County Attorney for the 9. 75-acre
parcel located on Reycan Road, exclusive of any wetlands, to
Courthouse 3, LLC.
Ayes: Miller, King, Sowder and Warren.
Nays: None.
Absent: Humphrey.
Mr. Warren excused himself from the meeting.
16.C. TO CONSIDER LEASE OF HANGAR SPACE TO THE DRUG
ENFORCEMENT ADMINISTRATION
Mr. pi taro stated this date and time has been advertised for
a public hearing for the Board to consider lease of hangar
space to the Drug Enforcement Administration.
Mr. Miller called for public comment.
.
On motion of Mr. Miller, seconded by Mr. King, the Board
approved the lease of hangar space to the Drug Enforcement
Administration. (It is noted a copy of the lease is filed
with the papers of this Board.)
Ayes: Miller, King and Sowder.
Nays: None.
Absent: Humphrey and Warren.
Mrs. Humphrey returned to the meeting.
----'
16.D. TO CONSIDER PROPOSED AMENDMENTS TO SECTION 19-638
OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS
AMENDED, PERTAINING TO BANNERS
Mr. Carl Schlaudt stated this date and time
advertised for a public hearing for the Board to
amendments to the County Code pertaining to banners.
has been
consider
Mr. Miller called for public comment.
No one came forward to speak to the ordinance amendments.
On motion of Mr. King, seconded by Mr. Sowder, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 19-638 OF THE ZONING ORDINANCE
RELATING TO BANNERS
-..-"
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(I) That Section 19-638 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 19-638. Banners.
Banners are permitted, subject to the following provisions:
(a) Banner purpose. Banners may advertise special
promotions, community events or new businesses, and
shall not solely advertise a business name and/or
logo.
(b) Approval required. The applicant shall notify the
director of planning in writing at least five
business days prior to the installation of any
banner. Such notification shall be on an
application form prescribed by the director of
planning, and shall indicate the size, area,
proposed location and manner of fastening of the
banner. Once the banner has been approved, a
designated identification number shall be assigned
to the banner. The applicant shall print this
number and the required date of removal in one and
half inch numbers on the lower right corner on the
banner. Any banner installed without prior approval
~r rn~ n;~~nt~~ ~f pl~~~1~g Dh~ll bo ro~o~od
-
department, and no other
on the property by
organization for 90 days.
banner shall be displayed
the same business or
(c)
Number of banners permi t ted. A
banner may be displayed at a time,
following exceptions:
maximum of one
subject to the
1.
One additional banner may be displayed for the
sole purpose of advertising the onsite
activities of a nonprofit organization.
--
2. A maximum of two banners may be displayed for
tenants of a non-residential community or
shopping center, along each arterial road
frontage. Each tenant that has a separate
exterior customer entrance is a separate
entity for the purpose of this provision, and
may individually display a maximum of one
banner at a time.
3. Businesses and organizations located outside
of a non-residential community or shopping
center, on properties fronting on more than
one arterial road, may simultaneously display
a maximum of two banners, with a maximum of
one banner per arterial road frontage.
(d) Size of banners permitted. The maximum permitted
banner size is 50 square feet. The permissible area
may be increased in accordance with the following:
1. Building mounted banners may be increased one
square foot for each two feet of store
frontage in excess of 100 feet, provided that
no banner shall exceed 150 square feet.
2. Building mounted banners may be increased one
square foot for each foot in excess of 50 feet
the store is set back from the nearest public
road, provided that no banner shall exceed 150
square feet.
3. Banners may be up to 250 square feet in area
within village areas when used to advertise
communi ty events and displayed across public
roads.
(e) Display time permitted. Each permitted banner may
be displayed a maximum of 30 consecutive days,
subject to the following provisions:
1.
Banners advertising special promotions may be
displayed an individual maximum of 30
consecutive days per banner, and a cumulative
maximum of 60 days during a calendar year on
the same property.
~
2. Banners advertising community events of
nonprofit organizations may be displayed an
individual maximum of 30 consecutive days per
banner, and a cumulative maximum of 120 days
durina a calendar year on the same orooertv.
~--
3. Banners advertising community events of
nonprofit organizations held on vacant
property may be displayed a maximum of ten
days prior to the advertised event. Such
banners shall be removed immediately upon
completion of the event.
(f) Locational requirements.
a.
Banners shall be located on the same property
as the sponsoring business or organization.
However, banners within village areas used to
advertise community events may be displayed
across public roads.
'--"
b. Banners may be building mounted or
freestanding.
c. Banners shall not be attached to trees or
shrubs.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Humphrey, King and Sowder.
Nays: None.
Absent: Warren.
Mr. Warren returned to the meeting.
16.E. TO CONSIDER PROPOSED AMENDMENTS TO SECTION 19-514
OF THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS
AMENDED, PERTAINING TO DESIGN STANDARDS FOR
OFF STREET PARKING
--../
Mr. Schlaudt stated this date and time has been advertised
for the Board to consider amendments to the County Code
pertaining to design standards for offstreet parking. He
further stated the amendments would allow overflow parking in
excess of the minimum ordinance standards to be unpaved
subject to certain restrictions.
Mr. Miller called for public comment.
No one came forward to speak to the ordinance amendments.
Mr. King stated the proposed ordinance amendments will
address issues that churches have had with overflow parking
on grassy areas of their property.
Mr. King then made a motion, seconded by Mr. Warren, for the
Board to adopt the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 19-514 OF THE ZONING ORDINANCE
RELATING TO DESIGN STANDARDS FOR OFF-STREET PARKING
-
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-514 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 19-514. Design standards for off-street parking.
(a) Size. Each paved, off-street parking space shall be
of such shape, location and design as to be effectively
usable. Except for handicapped spaces, spaces shall have a
minimum width of nine feet and a minimum depth of 18 feet.
Gravel or unpaved overflow parking spaces, where permitted,
shall be at least 200 square feet in area with a minimum
width of ten feet.
000
(d) Surface treatment:
i'~,
(I) With the exception of: (i) single-family
residential and farm uses; (ii) areas where
track-mounted equipment is stored or
displayed; (iii) property in 1-2 and 1-3
Districts; (iv) areas for the storage of
customer vehicles in motor vehicle storage/
towing lots; or (v) unpaved overflow parking
areas, dri veways and parking areas shall be
paved wi th concrete, bi tuminous concrete or
other similar material. Except in I-2 and I-3
Districts, surface-treated parking areas and
drives shall be prohibited. Areas where track
mounted equipment is stored or displayed and
areas for the storage of customer vehicles in
motor vehicle storage/towing lots shall have a
minimum surface of six inches of No. 21 or No.
21A stone.
Except as detailed in the Environmental
Engineering Department I s Reference Manual,
concrete curb and gutter shall be installed
around the perimeter of all paved driveways
and parking areas. Other curbing material of
similar quality, such as brick or cobblestone,
may be permitted through site or schematic
plan review. Drainage shall be designed so as
not to interfere with pedestrian traffic.
(2) In 1-2 and I-3 Districts, employee or visitor
parking areas shall be surfaced with a minimum
of a triple shot of tar and gravel. Other
parking areas shall have a minimum surface of
six inches of No. 21 or No. 2lA stone.
-
( 3 )
In all districts, for parking
spaces or less, the area shall
surface of six inches of No.
stone.
areas of four
have a minimum
21 or No. 2lA
(4) Except as detailed in the Environmental
Engineering Department's Reference Manual, the
perimeter of driveways and parking areas that
do not utilize concrete curb and gutter shall
be delineated by permanent means such as
bumper blocks, railroad ties, timbers (having
inches) or similar such treatment. Delineation
materials shall be secured with a minimum of
two re-bars to the ground, pavement or other
feature which is permanently attached to the
ground.
(5) Unpaved overflow parking areas shall be
permitted for parking spaces provided in
excess of the minimum requirements of Section
19-513, subject to the following requirements:
a)
Parking surfaces shall be comprised of
landscaped porous pavement systems, such
as grassed cellular paving, grass over a
structural liner, or other equivalent
material.
-
b)
Site plan review
required, pursuant
through 19-272.
approval shall be
to Sections 19-262
c) Parking areas shall be permanently
delineated, and accessed through internal
permanently paved driveways or parking
areas.
d) Parking areas shall be subj ect to
setbacks and buffer requirements
applicable to permanently paved parking
areas.
e)
Parking shall be restricted to
vehicles. Commercial vehicle
shall not be permitted.
passenger
parking
---
000
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
16.F. TO CONSIDER DETERMINATION OF BLIGHT AT 21509 PANNIL
STREET
Mr. Dupler stated this date and time has been advertised for
a public hearing the Board to determine if the dwelling at
21509 Panni I Street is blighted. He provided details of
steps that have been taken by staff and the timeframe in
which the property owners had agreed to complete renovations
of the dwelling. He provided photos of the deteriorating
structure. He stated the Planning Commission declared the
property to be blighted and recommended demolition of the
structure. He provided details of events that have occurred
since the Planning Commission's public hearing on December
14, 2006. He stated the owners have indicated a desire to
renovate the structure, noting that once half of the
structure has been removed, the zoning ordinance does not
permit rebuilding on the property because it would be
considered a non-conforming lot. He further stated, for the
nron~rt-.v r.o h~ conrorm; no. it:". must:". be at:". least. 7.000 sauare
feet and must have specific side yard setbacks. He stated
.---
staff gave Mr. Jordan an extension until January 8, 2007 to
apply for a variance to the square footage and side yard
requirements, which must be granted prior to a building
permit being issued for the renovations, but Mr. Jordan
failed to meet the deadline and has still not applied for the
variance. He further stated staff is requesting that the
Board determine that the dwelling is blighted and authorize
demolition of the structure.
Mr. Miller stated he does not see how anything will help this
structure.
Discussion ensued relative to the varlances necessary to
allow rebuilding on the property.
Mr. Miller called for public comment.
Mr. Starrie Jordan stated he plans to renovate the structure
versus tearing it down and creating an additional vacant lot
in the area. He further stated, according to the tax maps,
the property is approximately 34 square feet shy of the
necessary 7,000 square feet, and he has had a survey done to
determine the exact dimensions, but does not yet have a copy
of the survey. He stated he was advised not to apply for the
variance until he had the survey resul ts. He requested a
deferral until he can get the results of the survey and apply
for a variance.
Discussion ensued relative to Mr. Jordan not having met the
deadlines he agreed to regarding the renovation process.
Mr. Jordan stated he has been informed by contractors that
the remaining floor joists are in good shape, and he intends
to restore the structure.
Mr. R. L.
yards of
disgrace,
tenants.
Dunn, an owner of five rental properties within 100
the subject property, stated the property is a
and he is tired of hearing complaints from his
There being no one else to speak to the issue, the public
hearing was closed.
Mrs. Humphrey expressed concerns relative to the
deterioration of the structure, indicating that it needs to
be torn down or repaired immediately.
In response to Mrs. Humphrey's question, Mr. Johnson stated
he has removed the debris on the property.
-
Mrs. Humphrey stated Mr. Jordan has requested a 90-day
deferral. She further stated if the deferral is granted, she
wants to see a completed survey, a variance application, and
proof that financing has been secured to rebuild the
structure. She stated reinvesting in Ettrick is a good idea,
and she would rather give Mr. Johnson the 90-day deferral
than have another vacant lot in Ettrick.
In response to Mr. King's question, Mr. Dupler stated staff
does not agree that the floor joists are serviceable under
the portion of the structure that appears to be leaning in
the nhotoaranh nrnviOAO rn rnp Rnaro_
In response to Mr. Sowder's question, Mr. Jordan stated many
of the homeowners have been willing to work with him because
they do not want to see another vacant lot created.
In response to Mrs. Humphrey's question, Mr. Jordan stated he
is prepared to demolish the structure within six months if it
is not restorable.
Mrs. Humphrey made a motion, seconded by Mr. King, for the
Board to defer the public hearing to consider determination
of the dwelling at 21509 pannil Street blighted until May 23,
2007.
'--'"
Mr. Warren stated although the photographs are very
disturbing, he will support the motion because it is amazing
what the construction industry can do.
Mr. Miller stated he will support the motion, although he
cannot imagine anyone financing the renovations.
Mr. Miller then called for a vote on the motion of Mrs.
Humphrey, seconded by Mr. King, for the Board to defer the
public hearing to consider determination of the dwelling at
21509 Pannil Street blighted until May 23, 2007.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
16.G. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF WATER AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE SOUTHWEST CORRIDOR WATERLINE
PROJECT
--
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider the exercise of
eminent domain for the acquisition of water and temporary
construction easements for the Southwest Corridor Waterline
Project.
Mr. Miller called for public comment.
Mr. Wilfred Rowlett, a resident at 9511 River Road, expressed
concerns that the county's offer is nowhere near the value he
was provided by an arborist who viewed his property.
Mr. Harmon stated the county is nowhere close to the amount
that Mr. Rowlett is requesting for the acquisition of the
easement, and the condemnation will allow a third party to
decide upon the appropriate award.
Mr. R. L.
whether his
proceedings.
Dunn, a resident
property was a
at 8601 River
part of the
Road, inquired
eminent domain
---
Mr. Dunn was informed that his property was not a part of the
eminent domain proceedings.
Mr. Charles Thacker, a resident at 9501 River Road, stated he
has been working wi th Ms. Lynn Snow in the Right of Way
office regarding the acquisition of easements across his
property, and he would like to negotiate a settlement prior
l.O COIlUeHU"laC10n proceealngs. lie expressea concerns that the
county's offer was based on
inquired whether the county
contradict the value determined
last year's assessment and
has an arborist that will
by the arborist he hired.
Mr. Rowlett inquired whether he will receive a reduction in
his taxes after his land is taken and he can no longer use
it.
,..~
Mr. Harmon stated staff will respond to the landowners'
questions.
There being no one else to speak to the issue, the public
hearing was closed.
Discussion ensued relative to ongoing negotiations between
the county and Mr. Thacker for the easements across his
property.
In response to Mrs. Humphrey's question, Mr. Harmon stated
the difference between the county's offer and the amount Mr.
Rowlett has requested for the easement is approximately
$4,000. He further stated offers are made based on market
values, not on assessments. He stated the easement across
Mr. Rowlett's property is along the road within the setback
and is not located on a build-able portion of the property.
Mrs. Humphrey made a motion, seconded by Mr. Miller, for the
Board to approve the exercise of eminent domain for the
acquisition of water and temporary construction easements for
the Southwest Corridor Waterline Project for the following
properties: Wilfred G. Rowlett, 9511 River Road, PIN:
759612742100000; and Ramona B. Lopez and Maureen Brown, 11930
River Road, PIN: 745633340100000.
And, further, the Board authorized staff to enter and take
such easements prior to eminent domain proceedings.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
16.H. TO CONSIDER THE LEASING OF COUNTY PROPERTY AT GOYNE
PARK
Mr. Harmon stated this date and time has been advertised for
a public hearing for the Board to consider the leasing of
county property at Goyne Park.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved the leasing of county property at Goyne Park to
SprintCom Incorporated.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
17. FIFTBZN-HINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. C. L. Morrissette, Jr. provided Board members with a
packet of information relative to a previously heard zoning
case involving his property (Case 89SN0212) and requested a
review of the information.
Ms. Marleen Durfee informed the Board that Stafford County is
imposing impact fees in two areas. She stated, if the
General Assembly grants the county the authority to impose
impact fees, they do not necessarily have to be imposed
county-wide. She further stated, in her opinion, impact fees
might be a consideration because monies would be provided up
front to address the county's transportation needs.
--
18. ADJOURNMENT
On motion of Mr. King, seconded by Mr. Miller, the Board
adjourned at 8:41 p.m. until February 28, 2007 at 3:00 p.m.
Ayes: Miller, Humphrey, King, Sowder and Warren.
Nays: None.
-"
-.....;'
I~ 11~
Lane B. Ramsey
County Administrator