2008-04-09 MinutesBOARD OF SUPERVISORS
MINUTES
April 9, 2008
Supervisors in Attendance:
Mr. Arthur S. Warren, Chairman
Mr. Daniel A. Gecker, Vice Chrm.
Ms. Dorothy Jaeckle
Mr. James "Jim" Holland
Ms. Marleen K. Durfee
Mr. James J. L. Stegmaier
County Administrator
School Board Members in
Attendance
Ms. Dianne Pettitt, Chairman
Mr. Marshall Trammell Jr.,
Vice Chairman
Mr. David Wyman
Ms. Patricia Carpenter
Staff in Attendance:
Ms. Janice Blakley,
Clerk to the Board
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Barry Condrey, Chief
Information Officer
Mr. Richard Cordle,
Treasurer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. Will Davis, Dir.,
Economic Development
Ms. Rebecca Dickson, Dep.
County Administrator,
Human Services
Mr. William Dupler,
Building Official
Colonel Thierry Dupuis,
Police Department
Mr. Robert Eanes, Asst. to
the County Administrator
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Lawrence C. Haake, III
Registrar
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Joe Horbal,
Commissioner of Revenue
Mr. Thomas E. Jacobson,
Dir., Revitalization
Mr. William E. Johnson,
Deputy county Admin.,
Management Services
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
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04/09/08
Ms. Kathy Kitchen, Asst.
Superintendent of Schools
for Business and Finance
Mr. Louis Lassiter, Dir.,
Internal Audit
Ms. Debbie Leidheiser,
Senior Advocate,
Human Services
Mr. Michael Likins,
Coop. Extension Director
Ms. Mary Lou Lyle, Dir.,
Accounting
Mr. Mike Mabe, Director,
Libraries
Chief Paul Mauger,
Fire Department
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Dr. William Nelson,
Dir., Health Dept.
Dr. Marcus Newsome, Supt.
of Schools
Sheriff Dennis Proffitt,
Sheriff's Department
Mr. Dean Sasek, Asst.
Right of Way Manager
Mr. M. D. Stith, Jr.,
Deputy County Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Kirk Turner, Dir.,
Planning
Mr. Scott Zaremba, Asst.
Dir., Human Resource
Management
Mr. Warren called the regularly scheduled meeting to order at
3:10 p.m.
1. APPROVAL OF MINUTES
There were no minutes to approve at this time.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. RECOGNITION OF DR. WILLIAM NELSON AS RICHMOND
MAGAZINE'S "TOP DOC" IN THE PUBLIC HEALTH CATEGORY
Ms. Dickson recognized Dr. William Nelson for being named
Richmond Magazine's "Top Doc" in the Public Health Category.
She provided an explanation of the process in which Richmond
Magazine determines their selection.
Dr. Nelson stated it was a great honor to be nominated and
selected by his peers as the "Top Doc."
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04/09/08
Mr. Warren thanked Dr. Nelson for his commitment to
Chesterfield County.
Mr. Stegmaier stated the county was fortunate to have Dr.
Nelson.
2.B. GREATER RICHMOND PARTNERSHIP PRESENTATION
Mr. Greg Wingfield, President of Greater Richmond
Partnership, provided the Board a brief overview of the
Partnership and the benefits to the county.
In response to Mr. Warren's question, Mr. Wingfield stated he
has seen an increase in interest from the overseas market,
despite the current state of the economy.
In response to Mr. Holland's question, Mr. Wingfield stated
the southern part of Chesterfield has unique qualities for
attracting manufacturing companies in part to the Fort Lee
expansion.
3. BOARD MEMBER REPORTS
There were no reports at this time.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Holland, seconded by Ms. Durfee, the Board
added Item 8.D.2.d., Resolution Recognizing Mrs. Dorothy
Viney Turner for Over Seventy Years of Service to First
Baptist Church (Midlothian), Chesterfield County and Beyond.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
5. RESOLUTIONS
There were no resolutions at this time.
6. WORK SESSIONS
6.A. COUNTY ADMINISTRATOR'S PROPOSED FY2009-FY2010 AMENDED
BUDGET, THE PROPOSED FY2009 COMMUNITY DEVELOPMENT BLOCK
GRANT AND HOME INVESTMENT PARTNERSHIP ANNUAL PLAN, THE
PROPOSED FY2009-FY2014 CAPITAL IMPROVEMENT PROGRAM AND
OTHER ORDINANCE CHANGES
Mr. Carmody presented the proposed recommendations for
amendments to the County Administrator's proposed FY2009-
FY2010 amended budget. He provided details for the proposed
amendments to the general fund and the school fund. He
stated the proposed amendments are recommended by staff based
on reducing the tax rate from 97 cents to 95 cents. He
stated the two cent tax rate reduction equates to a $6.6
million reduction in the budget . He provided information on
the items removed from the School Board budget. He further
provided a breakdown of the types of new positions being
removed from the School Board budget. He stated the tax rate
reduction will have an impact on FY2008 due to the tax rate
year crossing the fiscal year.
Mr. Gecker commended Mr. Carmody and his staff for their hard
work to get the budget balanced.
08-217
04/09/08
In response to Mr. Gecker's questions, Mr. Carmody stated the
additional $400,000 being transferred to the School Board is
intended to fully fund the salary increases for school
employees, if the School Board chooses to. He further stated
the reduction in the County Administrator's budget will not
adversely impact any services or the time and scope for
capital projects.
Mr. Holland thanked Mr. Carmody and the School Board for the
hard work they have done on a short notice.
In response to Mr. Holland's question, Mr. Carmody reiterated
the potential reductions to the School Board budget due to
the School Board having final decision on where the
reductions are made.
Mr. Holland thanked Mr. Stegmaier for looking out for all
county employees.
Ms. Durfee commended Mr. Carmody and all of the individuals
involved for their hard work to present a balanced budget to
the Board. She stated it was not easy to complete this task.
Mr. Carmody stated he had a tremendous staff that has worked
many long hours and he thanked them for their hard work and
dedication.
Ms. Jaeckle thanked Mr. Carmody for his attitude throughout
all of the challenges thrown at him.
In response to Ms. Jaeckle's question, Mr. Carmody stated
increase in revenue is approximately $75 million. He further
stated as proposed, the total school budget increased by $26
million and the general fund increased by $9.5 million.
In response to Mr. Warren's question, Mr. Carmody stated the
proposed salary increases for the school budget on average is
5.6 percent and in the county budget is 4 percent with a 1
percent increase for areas having troubles with recruitment
and retention.
In response to Mr. Gecker's question, Mr. Carmody stated the
amount of the salary increases is unchanged even with the
proposed tax rate reduction.
7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. BUDGET ITEMS
8.A.1. ADOPTION OF ORDINANCE AMENDMENTS RELATING TO
DEPARTMENT OF UTILITIES FEE CHANGES
Mr. Carmody stated the proposed ordinance increases the
wastewater connection fee and the bi-monthly bill for water
and wastewater customers. He further stated staff recommends
adoption of the proposed ordinance.
In response to Ms. Jaeckle's question, Mr. Carmody stated the
utility fund is a self-sufficient fund, funded by those that
use, and these fees are required to address the facility
expansions and cover the increase in cost to process the
water.
08-218
04/09/08
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 18-22 AND 18-27 RELATING TO SEWER
CONNECTION FEES AND WATER AND SEWER USER FEES CHARGES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 18-22 and 18-27 of the Code of the County
of Chesterfield, 1997, as amended, are amended and re-enacted
to read as follows:
Sec. 18-22. Connection fees.
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(b) The capital cost recovery charge shall be:
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Meter Number Capital Cost Recovery
Size of Charge
Customer (inches) ERU's
Class per Water Wastewater
Uni t
(i) For a 5/8 1.00 $3,970.00 $2,725.00
dwelling,
single-
family,
including
townhouses,
mobile homes
that are not
located in a
mobile home
park, and
individually
metered
multifamily
dwelling
units.
(ii) For a 5/8 1.00 3,970.00 2,725.00
dwelling,
two-family
(per unit)
(iii) For mobile 0.85 3,375.00 2,316.00
homes that
are located
in a mobile
home park and
for master
metered
multiple-
family
dwellings
other than
multiple-
family
dwellings
used
exclusively
as housing
for colleges
and/or
universities
(per unit)
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04/09/08
(iv) For all other 5/8 1.00 3,970.00 2,725.00
customer
classes
1 2.50 9,925.00 6,813.00
1 1/2 5.00 19,850.00 13,625.00
2 8.00 31,760.00 21,800.00
3 16.00 63,520.00 43,600.00
4 25.00 99,250.00 68,125.00
6 50.00 198,500.00 136,250.00
8 80.00 317,600.00 218,000.00
10 115.00 456,550.00 313,375.00
12 155.00 615,350.00 422,375.00
The capital cost recovery charge for meters that are
larger than 12 inches shall be determined by the
director based on the number of ERUs per unit.
(v) The capital cost recovery charge for a dwelling that is
served by a meter that is larger than five-eighths inch
shall be the same capital cost recovery charge in
subsection (b)(iv).
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Sec. 18-27. Utility charges.
Effective with bills issued on and after July 1, 2008,
the consumer shall pay charges for utility service in
accordance with the following schedules:
(a) Monthly service charges. The monthly service charge
shall be:
(1) Customer cost charge. A customer cost charge of
$1.70 for each service account. However, customers
who have only a water account or a wastewater
account shall pay a customer cost charge of $3.40.
(2) Commodity cost charge.
(i) Water: $1.24 per 100 cubic feet (Ccf).
(ii) Wastewater: $1.39 per 100 cubic feet (Ccf).
(3) Capacity cost charge.
Customer Class
(i) Dwelling, single-
family, including
townhouses and
mobile homes that
are not located in a
mobile home park
Meter Number
Size of
(inches) ER U's
per
Uni t
5/8 1.00
(ii) Dwelling, two-family 5/8 1.00
(per unit)
08-220
Monthly Capacity
Charge
Water Wastewater
$4.40
$9.50
4.40
04/09/08
9.50
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(iii) Mobile homes that
are located in a
mobile home park and
multiple-family
dwellings other than
multiple-family
dwellings used
exclusively as
housing for colleges
or universities (per
unit )
(iv) All other customer
classes
0.85 3.74 8.08
5/8 and 1.00 4.40 9.50
1 2.50 11.00 23.75
1 ~ 5.00 22.00 47.50
2 8.00 35.20 76.00
3 16.00 70.40 152.00
4 25.00 110.00 237.50
6 50.00 220.00 475.00
8 80.00 352.00 760.00
10 115.00 506.00 1092.50
12 155.00 682.00 1472.50
(v) The capacity cost charge for a dwelling that is served by
a meter that is larger than five-eighths inch shall be the
capacity cost charge in subsection (a)(3)(iv).
(b) Ancillary charges.
Type Charge
(1) Portable water meter deposit $750.00
(2) Bacteriological test for new 23.50
construction, per test
(3) Meter testing charges:
(i) 5/8-inch 30.00
(ii) 1-inch 30.00
(iii)1 1/2-inch 40.00
(iv) 2-inch 40.00
(v) Meters that are larger
than two inches will be
charged the actual cost of
the test
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(4) Temporary voluntary meter Customer cost
disconnection fee charge plus
capacity costs
charge for each
billing period of
disconnection,
plus service
reconnection fee
(5) Strong waste surcharge See section 18-107
(6) Septage dumping charge $25.00 per 1,000
gallons
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04/09/08
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(2) That this ordinance shall become effective July 1, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.A.2.
ADOPTION OF AN ORDINANCE RELATING TO THE DEPARTMENT
OF BUILDING INSPECTION FEES
Mr. Carmody stated the ordinance proposed is an increase to
the permit fees to cover the cost of the building inspection
function and the fees have not been increased since 2005. He
further stated staff recommends adoption of the proposed
ordinance.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 5-5 RELATING
TO BUILDING CODE PERMIT FEES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 5-5 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 5-5. Permit fees.
(a) Generally. Except as provided in this section,
every applicant for a building permit must pay the fees set
forth in this section before the building official issues a
building permit, as required by the Virginia Uniform
Statewide Building Code. If an applicant makes a change in
the scope of work, a permit amendment is required and
additional fees may be assessed in accordance with this
section.
(b) Fee schedule. Fees shall be charged in accordance
with the following schedule:
(1) General fees:
a. State levy: The Commonwealth of Virginia
imposes a state levy on all permit fees to
fund the state's continuing education and
training program for building inspection. All
applicants shall be charged the state levy at
the same rate charged to the county by the
state.
b. Administrative fees:
1. Amendments: Change in construction plans
and/or setbacks most closely related fee:
(i) If the amendment results in a change
in the scope of work, additional
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04/09/08
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permit fees may be assessed in
accordance with this section. If
changing lots or replacing house
plans; reapply.
(ii) Change in contractor or lien agent
57.00
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2. Extensions, takeovers, transfers,
reinstatements, and permits for CO
purposes 57.00
3. Footing and foundation permits: Available
for permit holders accepting risk to
commence with footing/foundation
construction prior to building permit
approval 57.00
4. Change of use or change of occupancy (no
work being done) 59.00
5. Credit card fees. All applicants who pay
fees by Discover® credit card shall pay
the credit card company's charge for use
of the card, in addition to the permit
fee.
6. Code investigation fees:
(i) Residential: 25 percent of
applicable permit fee, or 57.00,
whichever is greater.
(ii) Commercial: 25 percent of applicable
permit fee, or 119.00, whichever is
greater.
7. Reinspection fees 57.00
8. Not ready for inspection fee 57.00
9. Refund requests:
only prior to t
amount refunded
paid, minus the
the permit fee
listed below:
Refunds shall be allowed
he first inspection. The
will be the permit fee
greater of 25 percent of
or the minimum amounts
(i) Residential: 57.00
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(ii) Commercial: If the permit fee paid
is less than the refund amount
determined above, a refund will not
be given. 119.00
(iii)State levy is not refundable.
10. Temporary certificates of occupancy and
renewals:
(i) Residential building permits (per
unit) and subsequent extensions .
. 57.00
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04/09/08
(ii) Commercial building permits (per
building) and subsequent extensions
. 119.00
a. "Tenant upfit" permits, where
work is incomplete under the
"shell" permit No charge
(2) Residential building permits:
a. Single-family dwellings including townhouses
and condominiums (per unit) 684.00
b. Modular/manufactured/mobile homes:
1. Industrialized buildings, modular homes
(without a permanent chassis) 285.00
2. Mobile and manufactured homes on private
property 114.00
3. Mobile and manufactured homes in a mobile
home park 57.00
c. Additions and other accessory structures
399.00
1. Florida rooms, attached garages, detached
garages with occupiable space
392.00
2. Detached garages (no second floor
occupiable space), double-door car shed,
and finished pool house 285.00
3. Alterations, and converting deck/porch
/garage to finished space 171.00
4. Porch and chimney additions 171.00
5. Deck, carport, gazebo, dormers,
greenhouse, unheated pool house,
retaining wall, and boat dock with roof .
. 114.00
6. Sheds.
(i) 150--256 square feet, including
prefab sheds on skids and pole sheds
. 114.00
(ii) Less than 150 square feet: No permit
required
d. Renovations and repairs:
1. Renovation, alteration or conversion:
(i) Resulting in a change in use of
square footage. Unfinished space to
finished space (with no new
footings) 171.00
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04/09/08
(ii) Resulting in no change in use of
square footage, where a rough-in
inspection is not required
114.00
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2. Exterior renovation
repairs 57.00
3. Chimney relining .
4. Fire damage repair
based upon the most
and shall be a minimu
and storm damage
. 57.00
permits: Shall be
similar permit fee
m fee of 114.00
5. Floor joist and foundation repair 57.00
e. Other residential permits:
1. Residential foundation pour inspections
. 398.00
(i) Additional fee if concrete testing
is required because out-of-
specification concrete is used .
117.00
(ii) Additional fee for reinspection when
inspector is present and the
concrete pour has been canceled or
delayed in excess of one hour
117.00
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(iii)As an alternative to the county's
foundation pour inspection, the
building official may accept
inspection reports from qualified,
independent engineers who are
approved and reliable.
2. Swimming pools (above and in-ground) .
57.00
3. Pool barrier fences (if permitted
separately from pool) 57.00
4. Relocation (house moving) 234.00
5. Demolition 57.00
6. Elevator and wheelchair lift 57.00
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(3) Residential auxiliary permits:
a. Electrical:
1. New single-family dwellings, including
townhouses and condominiums, per unit .
171.00
2. Industrialized building (modular home) .
114.00
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04/09/08
3. Addition, renovation, and conversion:
(i) Where rough-in inspection is
required 114.00
(ii) Where rough-in inspection is pre-
existing 57.00
4. Temporary poles, relocation, service
change, installation, replacements,
repairs 57.00
5. Mobile or manufactured homes on private
property 57.00
6. Mobile or manufactured homes in a mobile
home park (hook-ups only) No fee
b. Gas.
1. Natural gas--All new installation,
including townhouses and condominiums,
per unit: 114.00
2. Propane gas-all new installations:
(i) Gas piping, propane tank and/or
product line 114.00
(ii) Gas piping to appliances only
57.00
(iii) Propane tank and/or product
line only 57.00
(iv) Mobile or manufactured homes on
private property 57.00
3. Repairs or replacement with like
appliance 57.00
c. Mechanical, including townhouses and
condominiums, per unit:
1. Heating, venting and air conditioning
(HVAC)
(i) New system installation, including
townhouse and condominiums, per unit
. 114.00
(ii) System replacement with new ductwork
114.00
(iii)System replacement without new
ductwork 57.00
(iv) New ductwork only 57.00
2. Woodstove installation 57.00
3. Fuel tank installation and/or removal or
replacement 57.00
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04/09/08
4. Mobile or manufactured homes on private
property 57.00
d. Plumbing:
1. New residential single-family dwellings,
and condominiums, townhouses, and
duplexes (per unit) 228.00
2. Industrialized building (modular homes) .
. 114.00
3. Addition, renovation and conversion:
(i) Where rough-in inspection is
required 114.00
(ii) Where rough-in inspection is pre-
existing 57.00
4. Mobile or manufactured homes on private
property 57.00
e. Boiler (each single-family dwelling) 57.00
f. Fire (each single family dwelling). .57.00
g. Small appliance installation/replacement
57.00
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(4) Commercial building permits, (including apartments,
and apartments sold as condominiums):
a. Fixed fee for each $1,000.00 or fraction
thereof of the estimated construction cost
(less the cost used to calculate auxiliary
permit fees) . 7.40, or the greater of the
applicable minimum fee.
b. Minimum fees:
1. New construction 297.00
2. Additions 178.00
c. Fee for $2,000.00 or less of the estimated
construction cost (less the cost used to
calculate auxiliary permit fees) for
alterations, renovations and improvements of
or within existing commercial buildings. .
119.00
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1. Tenant upfits 119.00
2. Renovations 119.00
d. Flat Fees:
1. Communication tower 238.00
2. Commercial swimming pools 178.00
08-227
04/09/08
(i) Barrier permit, if permitted
separately from the swimming pool
permit 59.00
3. Retaining walls 119.00
4. Tents (greater than 900 square feet) .
. 48.00
5. Industrialized building, including
foundations 119.00
6. Construction/classroom/office trailer
installation or relocation 59.00
7. Flagpoles 48.00
8. Demolition of a commercial structure .
. 119.00
9. Change of use or occupancy, when no work
is being performed 59.00
10. Signs 59.00
(5) Commercial auxiliary permits:
a. Electrical, mechanical, plumbing, gas, active
solar system, boiler, and well permits, when
the cost of labor and materials for
installation, alteration, replacement and/or
repair is (rounded up to the nearest dollar)
is $1,000.00 or less 59.00
1. For each additional $1,000.00 or fraction
thereof, of the estimated cost over
$1,000.00 6.60
b. Fire/sprinkler and alarm system installations,
alterations, replacement and/or repairs when
the cost of labor and materials is $1,000 or
less 59.00
1. For each additional $1,000.00 or fraction
thereof, of the estimated costs over
$1,000.00 7.40
(6) Other commercial permits:
a. Annual certificate of compliance for
elevators, escalators (per floor), dumbwaiters
and man lifts, payable on or before December
31, for the following year 48.00
b. Amusement devices (The
Device Regulations set
allowable for amusement
subject to change. Fees
the Virginia Amusement
announce a fee schedule ch
Virginia Amusement
the maximum fee
devices and are
will be updated as
Device Regulations
ange)
1. Administrative amusement permit, where no
inspections are required 10.00
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04/09/08
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2.
3.
4.
5.
Kiddie rides 25.00
Major rides 35.00
Spectacular rides 55.00
Rollercoasters more than 30 feet in
height 150.00
(7) Fee exemptions:
a. A building permit fee will not be required
where the cost of construction is less than
$500.00 and would not require securing any
permit for electrical, gas, mechanical or
plumbing work in accordance with the Virginia
Uniform Statewide Building Code.
b. A building permit fee will not be required for
the construction of building areas designed
and used as a place of worship.
c. A building permit fee will not be required for
building permits for construction by county
departments funded by the general fund.
d. A building or auxiliary permit fee will not be
charged for commercial construction located in
an "enterprise zone" or "subzone" as
designated by the Commonwealth of Virginia and
administered by the Chesterfield County Block
Grant Office. This exemption shall continue
for the life of the enterprise zone or
subzone.
e. In the event of a presidentially-declared
natural disaster, the board of supervisors may
waive permit fees for repair of damage caused
by the disaster.
f. A building permit fee will not be required for
the construction of ramps which provide access
for handicapped persons to single-family
dwellings, including townhouses and
condominiums, provided that the permit
applicant must provide to the building
official proof that an individual who resides
in the dwelling is medically in need of such a
ramp for ingress to and egress from the
dwelling.
(c) Disposition of fees. All permit fees required by
this section shall be paid by the applicant to the county
treasurer when the permit application is filed with the
building official. The treasurer shall deposit all permit
fees in the county's general fund.
(2) That this ordinance shall .become effective immediately
July 1, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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04/09/08
8.A.3.
PROPERTY
LEVY ON VARIOUS CLASSES OF REAL ESTATE AND PERSONAL
ADOPTION OF ORDINANCE ESTABLISHING THE ANNUAL TAX
Mr. Carmody stated the tax rate was advertised at 97 cents
although the Board can reduce the tax rate.
Ms. Durfee made a motion, seconded by Mr. Gecker, for the
Board to establish the annual tax levy on various classes of
real estate and personal property for 2008, including a two-
cent real estate tax rate reduction and adopt the ordinance.
Discussion ensured relative to the proposed decreased tax
rate for the Charter Colony Powhite Parkway Transportation
District.
In response to Mr. Gecker's question, Mr. Carmody stated in
the first year the differential raised approximately $55,000
and raised approximately 126,000. He further stated it is
not enough funding to initiate any activity in the design or
construction mode.
In response to Mr. Gecker's question, Mr. Stegmaier stated
the special tax rate on this area was incremental at 15
cents.
Mr. Gecker stated his understanding was that the tax rate in
the special district would remain the same in order to get
funding for the necessary improvements to develop that piece
of land. He further stated he did not mind reducing the tax
rate in the special district by two cents. He requested
information for next year to see where the county is relative
to build out to make sure revenue is continuing at the right
pace and then compare that to the then projected improvements
to infrastructure.
Mr. Warren called for a vote on the motion by Ms. Durfee,
seconded by Mr. Gecker, to adopt the following ordinance:
AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY
ON VARIOUS CLASSES OF PROPERTY FOR THE
COUNTY OF CHESTERFIELD
BE IT ORDAINED by the Board of Supervisors of the County
of Chesterfield that for the year beginning on the first day
of January, 2008, and ending on the thirty-first day of
December, 2008, the taxes on property in all the Magisterial
Districts of the County of Chesterfield shall be as follows:
Sec. 1. Real Property and Mobile Homes.
(a) Except as provided in Sec. 1 (b), on tracts of
land, lots or improvements thereon and on mobile homes the
tax shall be $0.95 on every $100 of assessed value thereof.
(b) On tracts of land, lots or improvements thereon and
on mobile homes in the Charter Colony Powhite Parkway
Transportation District the tax shall be $1.10 on every $100
of assessed value thereof.
08-230
04/09/08
Sec. 2. Personal Property.
(a) On automobiles, trailers, boats, boat trailers,
other motor vehicles and on all tangible personal property
used or held in connection with any mining, manufacturing or
other business, trade, occupation or profession, including
furnishings, furniture and appliances in rental units, the
tax shall be $3.60 on every $100 of the assessed value
thereof.
(b) On aircraft as defined by Section 58.1-3503 and
-3506 of the Code of Virginia, 1950, as amended, the tax
shall be $.50 on every $100 of the assessed value thereof.
(c) On motor vehicles owned or leased by members of
volunteer rescue squads, volunteer fire departments,
volunteer police chaplains and by auxiliary police officers
as provided in Section 9-57, Code of the County of
Chesterfield, 1997, as amended, the tax shall be $.96 on
every $100 of the assessed value thereof.
(d) On wild or exotic animals as defined by Section
58.1-3506 of the Code of Virginia, 1950, as amended, the tax
shall be $0.01 on every $100 of the assessed value thereof.
(e) On motor vehicles which use clean special fuels as
defined in Section 58.1-2101 of the Code of Virginia, 1950,
as amended, the tax shall be $3.24 on every $100 of the
assessed value thereof.
(f) On motor vehicles, trailers, and semitrailers with a
gross vehicle weight of 10,000 pounds or more used to
transport property for hire by a motor carrier engaged in
interstate commerce, the tax shall be $.96 on every $100 of
the assessed value thereof.
(g) On motor vehicles which are specially equipped to
provide transportation for physically handicapped
individuals, the tax shall be $.O1 on every $100 of the
assessed value thereof.
Sec. 3. Public Service Corporation Property.
(a) On that portion of real estate and tangible
personal property of public service corporations which has
been equalized as provided in Section 58.1-2604 of the Code
of Virginia, 1950, as amended, the tax shall be $0.97 on
every $100 of the assessed value thereof determined by the
State Corporation Commission.
(b) The foregoing subsections to the contrary
notwithstanding, on automobiles and trucks belonging to such
public service corporations the tax shall be $3.60 on every
$100 of assessed value thereof.
Sec. 4. Machinery and Tools.
On machinery and tools used in a manufacturing or mining
business the tax shall be $1.00 on every $100 assessed value
thereof.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
08-231
04/09/08
8.A.4. ADOPTION OF THE FY2009 COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM AND THE HOME INVESTMENT PARTNERSHIP
ANNUAL PLAN
Mr. Carmody stated staff recommends approval of the FY2009
Community Development Block Grant Program and the HOME
Investment Partnership Annual Plan.
Ms. Jaeckle stated staff should have went back to the
Advisory Committee and discussed the disparity between their
recommendation and the County Administrator's recommendation.
She expressed a concern over adopting this item as is, but
stated she understands some changes could be made within
categories.
Mr. Carmody stated there is a federal calendar that must be
met in which the county must have information submitted.
In response to Mr. Gecker's question, Mr. Stith stated if the
budget for CDBG was taken back to the Advisory Committee,
then the Board would have to take additional action if
changes were made. He stated he would recommend approval for
this year and make the recommended changes for next year. He
further stated funds can be moved around throughout the year
if needed.
Mr. Holland thanked Mr. Stith for the clarification and
stated he concurred with Ms. Jaeckle's concerns. He further
stated he was prepared to move forward with this item.
Mr. Carmody clarified that the Board would have to approve
the budget prior to sending it to the Federal Government.
Mr. Holland made a motion, seconded by Ms. Durfee, for the
Board to adopt the FY2009 Community Development Block Grant
Program and the HOME Investment Partnership Annual Plan.
Discussion ensued relative to the amount of disparity for
funding for the CDBG programs and the deadlines for the
programs and activities.
Mr. Warren called for a vote on the motion by Mr. Holland,
seconded by Ms. Durfee, for the Board to adopt the FY2009
Community Development Block Grant Program and the HOME
Investment Partnership Annual Plan.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.A.5. ADOPTION OF THE FY2009-FY2014 CAPITAL IMPROVEMENT
PROGRAM
Mr. Carmody stated staff is requesting that the Board adopt
the revised FY2009-FY2014 Capital Improvement Program.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
deferred adoption of the FY2009-FY2014 Capital Improvement
Program to April 23, 2008.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
i
08-232
04/09/08
8.A.6. ADOPTION OF THE PROPOSED FY2009-FY2010 BIENNIAL
FINANCIAL PLAN
Mr. Carmody stated staff is requesting that the Board adopt
the proposed FY2009-FY2010 Biennial Financial Plan, as
amended.
Mr. Gecker stated staff has done a great job with the budget
and it appeared reducing the tax rate from 97 cents to 95
cents would have a much more significant impact on where the
county is as a whole. He further stated the County
Administrator would evaluate county services to see where we
can realize some efficiencies in recognizing the priorities
of public safety and keeping the employees' salaries
competitive. He expressed concerns with the back half of the
budget being based on a forecast, which forces decisions to
be made that he is uncomfortable making at this point. He
stated a few items he feels should be considered a priority,
such as the Community Academy and Tech Center, may not be a
priority to the School Board. He further stated he would
like to see some clarity from the School side as to what
these reductions mean as far as salaries are concerned. He
stated he would like to wait two weeks to make sure the
proposed budget would not impact programs that are important
to the schools.
Mr. Holland stated all employees are covered and will not be
adversely impacted by the reduction. He further stated he
looks forward to looking for potential savings and process
improvements in the county.
Ms. Durfee stated after speaking with Mr. Carmody she was
assured reducing the tax rate to 95 cents would keep the
Board's priorities intact. She further stated it is
important to balance what we have heard from the citizens and
the priorities of the county. She stated she has received
numerous phone calls inquiring about when the Board was going
to give consideration to fiscal discipline. She further
stated Mr. Carmody has done a great job.
Ms. Jaeckle stated the citizens are having to reduce their
budgets and they expect the county to do the same. She
further stated she would like to see if the School Board
could put the second shift at the Tech Center back into the
budget to help relieve overcrowding.
Discussions ensued relative to the amount of the increases in
real estate assessments over the past two years.
Mr. Stegmaier stated with the 95-cent tax rate, the
departments have done the best they can to reduce costs for
2009, but it is important to realize we are reducing the
flexibility we have going into 2010. He further stated if
the county ends up with a surplus due to a turn around in the
economy, we may be able to fund the additional positions.
Mr. Holland made a motion, seconded by Ms. Durfee, for the
Board to adopt the proposed FY2009-FY2010 Biennial Financial
Plan, with revisions as submitted.
08-233
04/09/08
Mr. Gecker expressed concerns relative to the funding of some
programs on the school side of the budget. He stated he
would be more comfortable voting on the budget at the next
meeting.
Mr. Warren called for a vote on the motion of Mr. Holland,
seconded by Ms . Durfee, for the Board to adopt the proposed
FY2009-FY2014 Biennial Financial Plan, with revisions as
submitted.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Mr. Warren thanked the Board members for their dedication to
the county.
Mr. Gecker clarified that the extra $10,000 was put back into
the budget for the Senior Center.
8.A.7. ADOPTION OF RESOLUTIONS APPROPRIATING FUNDS FOR
FISCAL YEAR 2009 AND APPROVING FUNDS FOR FISCAL
YEAR 2010
Mr. Carmody stated staff is requesting that the Board adopt a
resolution appropriating funds for FY2009 and a tentative
resolution appropriating funds for FY2010 for fiscal planning
purposes.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS
FROM DESIGNATED ESTIMATED REVENUES FOR FY2009 FOR FISCAL
PLANNING PURPOSES FOR THE OPERATING BUDGET AND THE CAPITAL
IMPROVEMENT PROGRAM FOR THE COUNTY OF CHESTERFIELD, VIRGINIA
BE IT HEREBY RESOLVED by the Board of Supervisors of the
County of Chesterfield:
That for the fiscal year beginning on the first day of July
2008 and ending on the thirtieth day of June 2009, the
following sections shall be adopted:
Sec. 1 The following designated funds and accounts shall
be appropriated from the designated estimated
revenues to operate and to provide a capital
improvement program for the county. It is the
intent of the Board of Supervisors that general
property taxes levied on January 1, 2008, and due
December 5, 2008, be appropriated for FY2009.
General Fund FY09 Adopted
Estimated
Revenue: From Local Sources:
General Property Taxes $378,583,500
Other Local Taxes 102,522,400
Licenses, Permits, Fees 8,257,100
Fines, Forfeitures and Uses
of Money & Property 6,409,200
Service Charges 29,008,900
i~
08-234
04/09/08
Miscellaneous and Recovered
Costs 13,814,400
From Other Agencies:
State and Federal $140,280,000
Other Financing Sources:
Reserves $12,957,200
Transfer from County Grants
Fund 592,600
Transfer from County Capital
Projects 979, 900
Transfer from Vehicle &
Communications Maintenance
Fund 11,800
Transfer from Water
Improvement, Replacement &
Extension Fund 2,500
Transfer from Water Operating
Fund 2,452,600
Transfer from Wastewater
Operating Fund 2,600
Anticipated Fund Balance
7/1/08 53,495,000
Total Revenues $749,369,700
Appropriations
General Government $52,442,300
Administration of Justice 8,560,200
Public Safety 142,981,900
Public Works 20,252,500
Health and Welfare 67,590,700
Parks, Rec., Cultural 21,570,200
Community Development 16,109,800
Debt Service 24,898,200
Operating Transfers 338,982,200
Reserves 2,486,700
Ending Fund Balance, 6/30/2009 53,495,000
Total General Fund: $749,369,700
*Plus encumbrances carried forward in all
funds in an amount not to exceed $15
million, which will be reappropriated into
the fiscal year beginning July 1, 2008. (See
"Section 5")
Comprehensive Services Fund
Estimated Reimbursement, Colonial
Revenue: Heights $237,800
State Aid, Comprehensive
Services 5,345,900
State, Miscellaneous 114,200
Transfer from Social Services 445,200
Transfer from Schools 1,930,200
Transfer from General Fund 3,008,600
Total Revenue $11,081,900
Appropriations: Operating Expenses $11,081,900
Total Appropriations $11,081,900
08-235
04/09/08
School Operating Fund
Estimated
Revenue: Local Sources $22,201,600
State 268,119,900
Federal 25,204,300
Loan Proceeds 234,800
Transfer from School
Operating 819,800
Transfer from School Food
Service 800,000
Transfer from School CIP 1,250,000
Transfer from General Fund:
State Sales Tax 52,284,400
Local Taxes 253,065,500
Grounds Maintenance 2,246,700
Total General Fund $307,596,600
Beginning Balance 2,861,700
Total Revenues, Transfers &
Reserves $629,088,700
Appropriations: Instruction 432,195,036
Administration / Attendance &
Health 23,019,158
Pupil Transportation 31,123,125
Operations & Maintenance 60,786,981
Debt Service 45,958,600
Food Service 20,753,000
Grounds Maintenance 2,246,700
Reserve for School Capital
Projects 13,006,100
Total Appropriations $629,088,700
School Capital Projects Fund
Estimated
Revenue: Bond Proceeds $16,963,100
Proffered Funds 1,018,700
State Construction Allocation 885,500
Local Sources 1,250,000
School CIP reserve 13,006,100
Transfer from School Grants 1,851,500
Transfer from Food Services 1,675,000
Total Revenue and Transfers $36,649,900
Transfer to School Operating
Appropriations: Fund: $1,250,000
School Projects 35,399,900
Total Appropriations $36,649,900
Schools - Appomattox Regional Governor's School
Fund
Estimated
Revenue:
Local Sources
State
Total Revenues
Beginning Fund
Total Revenues,
Reserves
Balance
Transfers and
08-236
$3,363,100
1,098,211
4,461,311
552,189
$5,013,500
04/09/08
Appropriations Education $5,013,500
Total Appropriations $5,013,500
County Grants
Fund:
Estimated
Revenue: From Other Governments $10,755,200
From the General Fund 2,758,300
Total Revenue $13,513,500
Adult Drug Court Grant
Appropriations: (Commonwealth's Attorney) $858,700
Clerk of the Circuit Court -
Technology Trust Fund 400,000
Community Corrections
Services:
Domestic Violence
Resource Center 116,600
Domestic Violence Victim
Advocate (V-STOP) 56,500
Options 74,000
Pretrial 488,800
Post Trial 1,829,500
SAMHSA Dual Treatment Track 358,000
Community Development Block
Grant 1,913,400
Community Services Board Part
C Grant 724,700
Domestic Violence Prosecutor 98,400
Families First 529,600
Fire & EMS Revenue Recovery 3,520,000
Juvenile Drug Court Grant 486,000
Litter Grant 26,000
Police - Domestic Violence
Coordinator 45,000
USDA Juvenile Detention Grant 60,000
USDA Youth Group Home Grant 8,200
Victim/Witness Assistance 480,400
VJCCCA 1,439,700
Total Appropriations $13,513,500
County CIP Fund
Estimated
Revenue: Lease/Purchase Proceeds $7 300,000
Interest Earnings 236,000
General Obligation Bonds 4,175,500
Transfer from General Fund 15,652,400
Transfer from Cash Proffers 988,200
Total Revenue $28,352,100
Appropriations: County Capital Projects $28,116,100
Transfer to the General Fund 236,000
Total County CIP Funds $28,352,100
08-237
04/09/08
County Maintenance Projects Fund
Estimated
Revenue: Transfer from General fund
General Obligation Bonds
Other
Total Revenue
Appropriations: County Maintenance Projects
Total County Maintenance
Projects
$1,100,000
10,000,000
10,000,000
$21,100,000
$21,100,000
$21,100,000
Cash Proffer Fund
Estimated
Revenue: Cash Proffers $2,006,900
Total Revenues $2,006,900
Transfer to County Capital
Appropriations: Projects Fund $988,200
Transfer to School Capital
Projects Fund 1,018,700
Total Appropriations $2,006,900
Vehicle and Communications Maintenance
Estimated
Revenue: Fleet Management Charges $17,059,500
Radio Shop Charges 2,243,600
Total Revenue $19,303,100
Appropriations: Fleet Management Operations $17,059,500
Radio Shop Operations 2,243,600
Total Appropriations $19,303,100
Capital Projects Management Fund
Estimated
Revenue: Reimbursement for Services $826,500
Total Revenue $826,500
Construction Management
Appropriations: Operations $826,500
Total Appropriations $826,500
Risk Management Fund
Estimated
Revenue: Operating Revenues $7,416,800
Beginning Retained Earnings 4,812,400
Total Revenue $12,229,200
Appropriations: Risk Management Operations $7,416,800
Ending Retained Earnings 4,812,400
Total Appropriations $12,229,200
Airport Fund
Estimated
Revenue: Operating Revenue $751,600
Total Revenue $751,600
08-238
04/09/08
Appropriations: Airport Operations $751,600
Total Appropriations $751,600
Airport Capital Projects Fund
Estimated
Revenue: Federal & State Grants $1,960,000
Transfer from General fund $40,000
Total Revenue $2,000,000
Appropriations: Airport Improvements $2,000,000
Addition to Retained Earnings $0
Total Appropriations $2,000,000
Utilities Fund
Estimated
Revenue: Service Charges $60,217,000
Capital Cost Recovery Charges 16,306,000
Hydrant/Fire Protection 2,452,600
Other Revenue 10,191,100
Anticipated Future Revenue 67,837,700
Total Revenue $157,004,400
Appropriations: Operations $52,423,330
Debt Service 11,728,470
Transfer to Capital Projects 90,400,000
Payment in Lieu of Taxes 2,452,600
Total Appropriations $157,004,400
Utilities Capital Proiect Funds
Estimated Transfer from
Revenue: Improvement/Replacement Fund $45,400,000
Anticipated Bond Issue 45,000,000
Total Revenue $90,400,000
Appropriations: Capital Projects $90,400,000
Total Appropriations $90,400,000
Sec. 2 Appropriations in addition to those contained in
the general appropriation resolution may be made by
the Board only if there is available in the fund an
unencumbered and unappropriated sum sufficient to
meet such appropriations.
Sec. 3 The County Administrator may, as provided herein,
except as set forth in Sections 7, 12, 13, 14, 15,
16 and 18, authorize the transfer of any
unencumbered balance or portion thereof from one
classification of expenditure to another within the
same department or appropriation category. The
County Administrator may transfer up to $50,000
from the unencumbered appropriated balance of one
appropriation category to another appropriation
category. No more than one transfer may be made
for the same item causing the need for a transfer,
unless the total amount to be transferred for the
item does not exceed $50,000.
Sec. 4 The County Administrator may increase
appropriations for non-budgeted revenue that may
occur during the fiscal year as follows:
08-239
04/09/08
a) Insurance recoveries received for damage to
any county property, including vehicles, for
which County funds have been expended to make
repairs.
b) Refunds or reimbursements made to the county
for which the county has expended funds
directly related to that refund or
reimbursement.
c) Revenue not to exceed $50,000.
Sec. 5 All outstanding encumbrances, both operating and
capital, in all county funds up to $15 million, at
June 30, 2008 shall be an amendment to the adopted
budget and shall be reappropriated to the 2008-2009
fiscal year to the same department and account for
which they were encumbered in the previous year. At
the close of the fiscal year, all unencumbered
appropriations lapse for budget items other than:
capital projects; general fund transfers for
capital projects and grants; construction reserve
for capital projects; reserves for county and
school future capital projects; other reserves;
District Improvement Funds; donations restricted to
specific purposes; federal and state grants, PPTRA
revenues; other revenue and program income; revenue
recovery funds; Title IV-E funds; cash proffers;
all tax revenues received for special assessment
districts; Economic Development incentive funds;
actual transient occupancy tax revenues received
and budgeted expenditures in connection with the
Richmond Convention Center; and refunds for off-
site and oversized water and wastewater facilities.
Sec. 6 Appropriations designated for capital projects will
not lapse at the end of the fiscal year. The County
Administrator may approve transfers between funds
to enable the capital projects to be accounted for
correctly. Upon completion of a capital project,
staff is authorized to close out the project and
transfer any remaining balances to the original
funding source. The County Administrator may
approve construction contract change orders up to
an increase of $49,999 and approve all change
orders for reductions to contracts. The Board of
Supervisors must approve all change orders of
$50,000 or more or when the aggregate of all
changes to a contract exceeds 10% of the original
contract amount or 20% if the original contract is
for less than $500,000.
Sec. 7 The County Administrator is authorized to approve
transfers among Utilities funds and capital
projects as long as funding sources are consistent
and total net appropriation is not increased.
Should the actual contract price for a project be
less than the appropriation, the County
Administrator may approve the transfer of excess
funds back to the original funding source upon
completion of the project.
08-240
04/09/08
Sec. 8 Upon completion of a grant program, the County
Administrator is authorized to close the grant and
transfer balances back to the funding source. The
County Administrator is authorized to reprogram
Community Development Block Grant funds by closing
program cost centers and transferring funding to
newly approved programs based on adoption by the
Board of Supervisors.
Sec. 9 The County Administrator may reduce revenue and
expenditure appropriations related to programs,
functions, or departments funded all or in part by
the Commonwealth of Virginia and/or the federal
government to the level approved by the responsible
state or federal agency.
Sec. 10 The Director of Accounting is authorized to make
transfers to various funds for which there are
transfers budgeted. The Director shall transfer
funds only as needed up to amounts budgeted, or in
accordance with any existing bond resolutions that
specify the manner in which transfers are to be
made.
Sec. 11 The Treasurer may advance monies to and from the
various funds of the county to allow maximum cash
flow efficiency. The advances must not violate
county bond covenants or other legal restrictions
that would prohibit such an advance. The Treasurer
may also advance cash in support of employee
benefit accounts.
Sec. 12 The County Administrator is authorized to make
expenditures from Trust & Agency Funds for the
specified reasons for which the funds were
established. In no case shall the expenditure
exceed the available balance in the fund.
Sec. 13 The County Administrator is authorized to transfer
among appropriation categories and/or appropriate
funds in excess of $50,000 for supplemental
retirement, Worker's Compensation, healthcare for
retirees, and other compensation-related costs.
Sec. 14 The County Administrator ma
and increase expenditures in
funds received by the county
for expenditures related to
other allowable expenditures.
funds shall not lapse but be
the next fiscal year.
y appropriate revenues
excess of $50,000 for
from asset forfeitures
drug enforcement or
The balance of these
carried forward into
Sec. 15 The County Administrator may increase the general
fund appropriation in the School Operating Fund
contingent upon availability of funds and other
circumstances, based on the following schedule:
a) Increase general fund transfer/appropriation
on December 15 by $3,000,000.
b) Increase general fund transfer/appropriation
on February 15 by $3,000,000.
08-241
04/09/08
c) Increase general fund transfer/appropriation
on May 5 by $3,000,000.
Sec. 16 The County Administrator is authorized to
reallocate funding sources for capital projects,
arbitrage rebates/penalties, and debt service
payments and to appropriate bond interest earnings
to minimize arbitrage rebates/penalties. This
authority includes the appropriation of transfers
among funds to accomplish such reallocations.
Budgets for specific capital projects will not be
increased beyond the level authorized by Sections 3
and 4.
Sec. 17 Salaries for Planning Commissioners will be
increased equivalent to the merit increase county
employees are eligible for. The effective date for
pay increases, including the Planning Commission
and the Board of Supervisors, may cross fiscal
years. Increases will be effective on the first day
of the pay period that includes July 1.
Sec. 18 The County Administrator is authorized to approve
transfers among funds and capital projects as long
as total net appropriation is not increased.
Sec. 19 The Utilities Department rate stabilization reserve
shall be maintained as per guidelines outlined
below:
a) The minimum annual contribution to the reserve
will be 50% of the previous year's
depreciation on fixed assets.
b) The annual contribution to the reserve will
continue until 100% of accumulated
depreciation on the fixed assets is funded.
If at the beginning of a fiscal year a reserve
balance exceeds 1000 of accumulated
depreciation, a reduction in the annual
contribution may be considered.
c) Funds cannot be used from the rate
stabilization reserve if the balance falls
below 250 of that utility's fixed asset
accumulated depreciation, other than for
Utility internal borrowing purposes.
d) The declaration of a financial emergency by
the Director of Utilities and a corresponding
four-fifths vote by the Board of Supervisors
at a publicly advertised meeting declaring the
existence of such an emergency is required to
suspend Sec. 19a, Sec. 19b, and Sec. 19c.
Sec. 20 Upon adoption of this resolution, the School Board
and/or the School Superintendent may make
expenditure and revenue changes within the school
fund as follows:
a) Transfers of $50,000 or less are subject to
the approval of the Superintendent.
I~
08-242
04/09/08
b) Transfers of $50,001 to $499,999 require the
approval of the Superintendent and the School
Board.
c) Transfers of $500,000 or more require the
approval of the Superintendent, the School
Board, and the Board of Supervisors.
The School Board and/or the School
Superintendent shall prepare a budget status
report reflecting changes to the approved
school budget between appropriation
categories, as amended, and the report shall
be presented to the County Administrator
quarterly.
Sec. 21 In accordance with the requirements set forth in
Section 58.1-3524(C)(2) and Section 58.1-3912 (E) of
the Code of Virginia, as amended by Chapter 1 of
the Acts of Assembly (2004 Special Session 1) and
as set forth in Item 503.E (Personal Property Tax
Relief Program) of Chapter 951 of the 2005 Acts of
Assembly, any qualifying vehicle situated within
the County commencing January 1, 2008, shall
receive personal property tax relief in the
following manner:
a) Personal use vehicles valued at $1,000 or less
will be eligible for 100% tax relief;
b) Personal use vehicles valued at $1,001 to
$20,000 will be eligible for 60% tax relief;
c) Personal use vehicles valued at $20,001 or
more shall receive 60% tax relief on the first
$20,000 of value;
d) All other vehicles which do not meet the
definition of "qualifying" (business use
vehicles, farm use vehicles, motor homes,
etc.) will not be eligible for any form of tax
relief under this program.
Pursuant to authority conferred in Item 503.D of
the 2005 State Appropriations Act, the County
Treasurer shall issue a supplemental personal
property tax bill in the amount of 100 percent of
tax due without regard to any former entitlement to
state PPTRA relief, plus applicable penalties and
interest, to any taxpayer whose taxes with respect
to a qualifying vehicle for tax year 2005 or any
prior tax year remain unpaid on September 1, 2006,
or such date as state funds for reimbursement of
the state share of such bill have become
unavailable, whichever occurs first.
e) Penalty and interest with respect to bills
issued pursuant to this section shall be
computed on the entire amount of tax owed.
Interest shall be computed at the rate
provided in Section 9-51 of the county code
from the original due date of the tax.
08-243
04/09/08
Sec. 22 The County Administrator is authorized to reduce a
department's current year budget appropriation by a
dollar amount equal to the prior year's
overspending inclusive of encumbrances carried
forward.
Sec. 23 Staff is authorized to make changes to FY2009
appropriations, including consolidating, separating
or re-classifying appropriations in connection with
the county's new financial system and its
functionality. This section will not apply after
FY2009.
And, further the Board adopted the following resolution:
A RESOLUTION TO APPROVE DESIGNATED FUNDS AND ACCOUNTS FROM
DESIGNATED ESTIMATED REVENUES FOR FY2010 FOR FISCAL PLANNING
PURPOSES FOR THE OPERATING BUDGET AND THE CAPITAL IMPROVEMENT
PROGRAM FOR THE COUNTY OF CHESTERFIELD, VIRGINIA
BE IT HEREBY RESOLVED by the Board of Supervisors of the
County of Chesterfield:
That for the fiscal year beginning on the first day of July
2009 and ending on the thirtieth day of June 2010, the
following sections shall be approved for fiscal planning
purposes. Public hearings will be required prior to the
actual appropriation of funds for FY2010.
Sec. 1 The following designated funds and accounts shall
be approved from the designated estimated revenues
to operate and to provide a capital improvement
program for the county. It is the intent of the
Board of Supervisors that general property taxes
levied on January 1, 2009, and due December 5,
2009, be appropriated for FY2010.
General Fund
Estimated
Revenue:
From Local Sources:
General Property Taxes
Other Local Taxes
Licenses, Permits, Fees
Fines, Forfeitures and Uses
of Money & Property
Service Charges
Miscellaneous and Recovered
Costs
From Other Agencies:
State and Federal
Other Financing Sources:
Reserves
Transfer from County Grants
Fund
Transfer from County Capital
Projects
Transfer from Vehicle &
Communications Maintenance
Fund
08-244
~r1)
FY10
Approved
$387,521,500
106,019,000
8,390,900
7,042,100
29,420,200
14,111,400
$143,186,300
$7,864,200
726,100
962,800
11,800
04/09/08
Transfer from Water
Improvement, Replacement &
Extension Fund 2,500
Transfer from Water
Operating Fund 2,452,600
Transfer from Wastewater
Operating Fund 2,600
Anticipated Fund Balance
7/1/09 53,495,000
Total Revenues $761,209,000
Appropriations: General Government $54,208,400
Administration of Justice 8,619,000
Public Safety 145,689,000
Public Works 20,581,600
Health and Welfare 68,514,700
Parks, Rec., Cultural 21,534,800
Community Development 17,441,900
Debt Service 28,255,000
Operating Transfers 339,705,600
Reserves 3,164,000
Ending Fund Balance,
6/30/2010 53,495,000
Total General Fund: $761,209,000
*Plus encumbrances carried forward in all
funds in an amount not to exceed $15
million, which will be reappropriated into
the fiscal year beginning July 1, 2007.
(See "Section 5")
Comprehensive Services Fund
Estimated Reimbursement, Colonial
Revenue: Heights
State Aid, Comprehensive
Services
State, Miscellaneous
Transfer from Social
Services
Transfer from Schools
Transfer from General
Total Revenue
Appropriations
Operating Expenses
Total Appropriations
School Operating Fund
Estimated
$11,437,700
$11,437,700
Revenue: Local Sources $22,201,600
State 274,929,500
Federal 25,204,300
Loan Proceeds 216,400
Transfer from School
Operating 819,800
Transfer from School Food
Service 800,000
Transfer from General Fund:
State Sales Tax 54,932,000
Local Taxes 252,216,200
Grounds Maintenance 2,167,000
08-245
04/09/08
$290,500
5,345,900
114,200
445,200
2,035,200
Fund 3,206,700
$11,437,700
Total General Fund
Appropriations:
Beginning Balance
Total Revenues, Transfers &
Reserves
Instruction
Administration / Attendance
& Health
Pupil Transportation
Operations & Maintenance
Debt Service
Food Service
Grounds Maintenance
Reserve for School Capital
Projects
Total Appropriations
School Capital Projects Fund
Estimated
Revenue: Bond Proceeds
Proffered Funds
School CIP reserve
Total Revenue and Transfers
$309,315,200
1,000,000
$634,486,800
438,018,934
23,317,550
30,103,526
61,282,990
48,383,300
20,753,000
2,167,000
10,460,500
$634,486,800
$28,859,100
1,395,100
10,436,500
$40,690,700
Appropriations: School Projects 40,690,700
Total Appropriations $40,690,700
Schools - Appomattox Regional Governor's
School Fund
Estimated
Revenue: Local Sources
State
Total Revenues
Beginning Fund Balance
Total Revenues, Transfers
and Reserves
$3,363,100
1,098,211
4,461,311
552,189
$5,013,500
Appropriations Education $5,013,500
Total Appropriations $5,013,500
County Grants
Fund:
Estimated
Revenue: From Other Governments
From the General Fund
Total Revenue
Adult Drug Court Grant
Appropriations: (Commonwealth's Attorney)
Clerk of the Circuit Court -
Technology Trust Fund
Community Corrections
Services:
Domestic Violence
Resource Center
Domestic Violence Victim
Advocate (V-STOP)
Dual Treatment Track
(SAMHSA)
08-246
$10,773,300
2,782,500
$13,555,800
$674,500
400,000
117,200
56,500
358,000
04/09/08
Options 74,600
Pretrial 488,800
Post Trial 1,829,500
Community Development Block
Grant 1,913,400
Community Services Board
Part C Grant 733,200
Domestic Violence Prosecutor 99,000
Families First 535,000
Fire & EMS Revenue Recovery 3,720,000
Juvenile Drug Court Grant 486,000
Litter Grant 26,000
Police - Domestic Violence
Coordinator 45,000
USDA Juvenile Detention
Grant 60,000
USDA Youth Group Home Grant 8,200
Victim/Witness Assistance 485,200
VJCCCA 1,445,700
Total Appropriations $13,555,800
County CIP Fund
Estimated
Revenue: Lease/Purchase Proceeds $8,634,500
General Obligation Bonds 11,854,600
Transfer from General Fund 14,380,400
Transfer from Cash Proffers 178,300
Other / Interest Earnings 816,000
Total Revenue $35,863,800
Appropriations: County Capital Projects $35,627,800
Transfer to the General Fund 236,000
Total County CIP Funds $35,863,800
County Maintenance Projects Fund
Estimated
Revenue: Transfer from General fund $1,200,000
General Obligation Bonds 13,000,000
Other 12,200,000
Total Revenue $26,400,000
Appropriations: County Maintenance Projects $26,400,000
Total County Maintenance
Projects $26,400,000
Cash Proffer Fund
Estimated
Revenue: Cash Proffers $1,573,400
Total Revenues $1,573,400
Transfer to County Capital
Appropriations: Projects Fund $178,300
Transfer to School Capital
Projects Fund 1,395,100
Total Appropriations $1,573,400
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04/09/08
Vehicle and Communications Maintenance
Estimated
Revenue: Fleet Management Charges
Radio Shop Charges
Total Revenue
Appropriations: Fleet Management Operations
Radio Shop Operations
Addition to Retained
Earnings
Capital Projects Management Fund
Estimated
Revenue: Reimbursement for Services
Total Revenue
Construction Management
Appropriations: Operations
Total Appropriations
Risk Management Fund
Estimated
Revenue: Operating Revenues
Beginning Retained Earnings
Total Revenue
Appropriations: Risk Management Operations
Ending Retained Earnings
Total Appropriations
Airport Fund
Estimated
Revenue: Operating Revenue
Total Revenue
Appropriations: Airport Operations
Total Appropriations
Airport Capital Projects Fund
Estimated
Revenue: Federal Grant
State Grant
Transfer from General fund
Total Revenue
Appropriations: Airport Improvements
Total Appropriations
Utilities Fund
Estimated
Revenue: Service Charges
Capital Cost Recovery
Charges
Hydrant/Fire Protection
Other Revenue
08-248
16,791,800
2,432,800
$19,224,600
16,791,800
2,432,800
$19,224,600
$855,000
$855,000
$855,000
$855,000
$7,564,700
4,812,400
$12,377,100
$7,564,700
4,812,400
$12,377,100
$765,100
$765,100
$765,100
$765,100
$427,500
$13,500
$9,000
$450,000
$450,000
$450,000
$64,215,000
16,609,000
2,452,600
10,022,600
04/09/08
Anticipated Future Revenue 29,534,900
Total Revenue $122,834,100
Appropriations: Operations $54,489,545
Debt Service 13,866,955
Transfer to Capital Projects 52,025,000
Payment in Lieu of Taxes 2,452,600
Total Appropriations $122,834,100
Utilities Ca ital Project Funds
Estimated Transfer from
Revenue: Improvement/Replacement Fund $52,025,000
Total Revenue $52,025,000
Appropriations: Capital Projects $52,025,000
Total Appropriations $52,025,000
Sec. 2 Appropriations in addition to those contained in
the general appropriation resolution may be made by
the Board only if there is available in the fund an
unencumbered and unappropriated sum sufficient to
meet such appropriations.
Sec. 3 The County Administrator may, as provided herein,
except as set forth in Sections 7, 12, 13, 14, 15,
16 and 18, authorize the transfer of any
unencumbered balance or portion thereof from one
classification of expenditure to another within the
same department or appropriation category. The
County Administrator may transfer up to $50,000
from the unencumbered appropriated balance of one
appropriation category to another appropriation
category. No more than one transfer may be made
for the same item causing the need for a transfer,
unless the total amount to be transferred for the
item does not exceed $50,000.
Sec. 4 The County Administrator may increase
appropriations for non-budgeted revenue that may
occur during the fiscal year as follows:
a) Insurance recoveries received for damage to
any county property, including vehicles, for
which County funds have been expended to make
repairs.
b) Refunds or reimbursements made to the county
for which the county has expended funds
directly related to that refund or
reimbursement.
c) Revenue not to exceed $50,000.
Sec. 5 All outstanding encumbrances, both operating and
capital, in all county funds up to $15 million, at
June 30, 2009 shall be an amendment to the adopted
budget and shall be reappropriated to the 2009-2010
fiscal year to the same department and account for
which they were encumbered in the previous year. At
the close of the fiscal year, all unencumbered
appropriations lapse for budget items other than:
capital projects; general fund transfers for
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04/09/08
capital projects and grants; construction reserve
for capital projects; reserves for county and
school future capital projects; other reserves;
District Improvement Funds; donations restricted to
specific purposes; federal and state grants, PPTRA
revenues; other revenue and program income; revenue
recovery funds; Title IV-E funds; cash proffers;
all tax revenues received for special assessment
districts; Economic Development incentive funds;
actual transient occupancy tax revenues received
and budgeted expenditures in connection with the
Richmond Convention Center; and refunds for off-
site and oversized water and wastewater facilities.
Sec. 6 Appropriations designated for capital projects will
not lapse at the end of the fiscal year. The County
Administrator may approve transfers between funds
to enable the capital projects to be accounted for
correctly. Upon completion of a capital project,
staff is authorized to close out the project and
transfer any remaining balances to the original
funding source. The County Administrator may
approve construction contract change orders up to
an increase of $49,999 and approve all change
orders for reductions to contracts. The Board of
Supervisors must approve all change orders of
$50,000 or more or when the aggregate of all
changes to a contract exceeds 10% of the original
contract amount or 20% if the original contract is
for less than $500,000.
Sec. 7 The County Administrator is authorized to approve
transfers among Utilities funds and capital
projects as long as funding sources are consistent
and toatl net appropriation is not increased.
Should the actual contract price for a project be
less than the appropriation, the County
Administrator may approve the transfer of excess
funds back to the original funding source upon
completion of the project.
Sec. 8 Upon completion of a grant project, the County
Administrator is authorized to close the grant and
transfer balances back to the funding source. The
County Administrator is authorized to reprogram
Community Development Block Grant funds by closing
program cost centers and transferring funding to
newly approved programs based on adoption by the
Board of Supervisors.
Sec. 9 The County Administrator may reduce revenue and
expenditure appropriations related to programs,
functions, or departments funded all or in part by
the Commonwealth of Virginia and/or the federal
government to the level approved by the responsible
state or federal agency.
Sec. 10 The Director of Accounting is authorized to make
transfers to various funds for which there are
transfers budgeted. The Director shall transfer
funds only as needed up to amounts budgeted, or in
accordance with any existing bond resolutions that
I~
08-250
04/09/08
specify the manner in which transfers are to be
made.
Sec. 11 The Treasurer may advance monies to and from the
various funds of the county to allow maximum cash
flow efficiency. The advances must not violate
county bond covenants or other legal restrictions
that would prohibit such an advance. The Treasurer
may also advance cash in support of employee
benefit accounts.
Sec. 12 The County Administrator is authorized to make
expenditures from Trust & Agency Funds for the
specified reasons for which the funds were
established. In no case shall the expenditure
exceed the available balance in the fund.
Sec. 13 The County Administrator is authorized to transfer
among appropriation categories and/or appropriate
funds in excess of $50,000 for supplemental
retirement, Worker's Compensation, healthcare for
retirees, and other compensation-related costs.
Sec. 14 The County Administrator ma
and increase expenditures in
funds received by the county
for expenditures related to
other allowable expenditures.
funds shall not lapse but be
the next fiscal year.
y appropriate revenues
excess of $50, 000 for
from asset forfeitures
drug enforcement or
The balance of these
carried forward into
Sec. 15 The County Administrator may increase the general
fund appropriation in the School Operating Fund
contingent upon availability of funds and other
circumstances, based on the following schedule:
a)
b)
c)
Increase general fund transfer/appropriation
on December 15 by $3,000,000.
Increase general fund transfer/appropriation
on February 15 by $3,000,000.
Increase general fund transfer/appropriation
on May 5 by $3,000,000.
Sec. 16 The County Administrator is authorized to
reallocate funding sources for capital projects,
arbitrage rebates/penalties, and debt service
payments and to appropriate bond interest earnings
to minimize arbitrage rebates/penalties. This
authority includes the appropriation of transfers
among funds to accomplish such reallocations.
Budgets for specific capital projects will not be
increased beyond the level authorized by Sections 3
and 4.
Sec. 17 Salaries for Planning Commissioners will be
increased equivalent to the merit increase county
employees are eligible for. The effective date for
pay increases, including the Planning Commission
and the Board of Supervisors, may cross fiscal
years. Increases will be effective on the first day
of the pay period that includes July 1.
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04/09/08
Sec. 18 The County Administrator is authorized to approve
transfers among funds and capital projects as long
as total net appropriation is not increased.
Sec. 19 The Utilities Department rate stabilization reserve
shall be maintained as per guidelines outlined
below:
a) The minimum annual contribution to the reserve
will be 50% of the previous year's
depreciation on fixed assets.
b) The annual contribution to the reserve will
continue until 100% of accumulated
depreciation on the fixed assets is funded.
If at the beginning of a fiscal year a reserve
balance exceeds 1000 of accumulated
depreciation, a reduction in the annual
contribution may be considered.
c) Funds cannot be used from the rate
stabilization reserve if the balance falls
below 250 of that utility's fixed asset
accumulated depreciation, other than for
Utility internal borrowing purposes.
d) The declaration of a financial emergency by
the Director of Utilities and a corresponding
four-fifths vote by the Board of Supervisors
at a publicly advertised meeting declaring the
existence of such an emergency is required to
suspend Sec. 19a, Sec. 19b, and Sec. 19c.
Sec. 20 Upon adoption of this resolution, the School Board
and/or the School Superintendent may make
expenditure and revenue changes within the school
fund as follows:
a) Transfers of $50,000 or less are subject to
the approval of the Superintendent.
b) Transfers of $50,001 to $499,999 require the
approval of the Superintendent and the School
Board.
c) Transfers of $500,000 or more require the
approval of the Superintendent, the School
Board, and the Board of Supervisors.
The School Board and/or the School Superintendent
shall prepare a budget status report reflecting
changes to the approved school budget between
appropriation categories, as amended, and the
report shall be presented to the County
Administrator quarterly.
Sec. 21 In accordance with the requirements set forth in
Section 58.1-3524(C)(2) and Section 58.1-3912 (E) of
the Code of Virginia, as amended by Chapter 1 of
the Acts of Assembly (2004 Special Session 1) and
as set forth in Item 503.E (Personal Property Tax
Relief Program) of Chapter 951 of the 2005 Acts of
08-252
04/09/08
Assembly, any qualifying vehicle situated within
the County commencing January 1, 2010, shall
receive personal property tax relief in the
following manner:
a) Personal use vehicles valued at $1,000 or less
will be eligible for 100% tax relief;
b) Personal use vehicles valued at $1,001 to
$20,000 will be eligible for 60% tax relief;
c) Personal use vehicles valued at $20,001 or
more shall receive 60% tax relief on the first
$20,000 of value; all other vehicles which do
not meet the definition of "qualifying"
(business use vehicles, farm use vehicles,
motor homes, etc.) will not be eligible for
any form of tax relief under this program.
d) Pursuant to authority conferred in Item 503.D
of the 2005 State Appropriations Act, the
County Treasurer shall issue a supplemental
personal property tax bill in the amount of
100 percent of tax due without regard to any
former entitlement to state PPTRA relief, plus
applicable penalties and interest, to any
taxpayer whose taxes with respect to a
qualifying vehicle for tax year 2005 or any
prior tax year remain unpaid on September 1,
2006, or such date as state funds for
reimbursement of the state share of such bill
have become unavailable, whichever occurs
first.
e) Penalty and interest with respect to bills
issued pursuant to this section shall be
computed on the entire amount of tax owed.
Interest shall be computed at the rate
provided in Section 9-51 of the county code
from the original due date of the tax.
Sec. 22 The County Administrator is authorized to reduce a
department's current year budget appropriation by a
dollar amount equal to the prior year's
overspending inclusive of encumbrances carried
forward .
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Mr. Stegmaier expressed appreciation to the Budget staff for
the intense amount of work they have put in on the budget and
the department directors for their dedication to the county.
He recognized the Board for the amount of time they have put
into learning about the process and details of the budget.
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04/09/08
8.B. CONSIDERATION OF AMENDMENTS TO THE UPPER SWIFT CREEK
PLAN RELATING TO 1) WATER QUALITY, 2) LEVELS OF SERVICE
FOR ROADS, SCHOOLS AND PUBLIC SAFETY, 3) LAND USE,
AND 4) ECONOMIC DEVELOPMENT
Mr. Kirk Turner presented a brief overview of the progress of
the amendments to the Upper Swift Creek Plan. He stated the
Planning Commission has sent a recommendation to the Board to
not set a public hearing on the amendments.
Ms. Durfee stated on January 9th, she recommended, with the
Board's support, the revision of the Upper Swift Creek Plan
to address four components for Plan amendments. She further
stated the Planning Commission held its first meeting on
January 15th. She stated since the Plan was initially brought
to the county in March 2003, there have been numerous
community meetings, work sessions and delays on the Plan.
She further stated since January 9th, Mr. Bass was appointed
to oversee the water quality and the Plan and has held weekly
meetings with stakeholders. She stated a community meeting
is scheduled for April 29, 2008. She further stated at this
time, no reasons have been given for further delays and that
staff has indicated they are ready for presentations to the
Commission and the public.
Ms. Durfee made a motion to institute a new 60-day timeframe
to June 9, 2008, for the Planning Commission to make a
recommendation on the Upper Swift Creek Plan.
In response to Mr. Gecker's question, Ms. Durfee stated her
motion did not include sending the amendment back to the
Planning Commission.
Mr. Gecker stated the Board has control over the amendments
they initiated on January 9, 2008, and has three options, set
a public hearing, send it back or do nothing. He further
stated the Planning Commission has put in place a parallel
Plan that they want to have public hearings on in July.
In response to Mr. Gecker's question, Mr. Micas stated Ms.
Durfee wishes to take no action on this item and reinstitute
a 60-day timeframe for the Planning Commission to relook at
the Plan.
Mr. Warren stated he was ready to hear the Plan.
Mr. Gecker stated the Plan should not be sent back to the
Planning Commission since they have initiated their own Plan
which exactly mirrors the one in front of the Board now. He
further stated he is suggesting we do nothing with this item
or that we hold the public hearing. He further stated the
Board is not going to force the Commission to move faster on
the Plan than they are able to.
Ms. Durfee stated this is not a question as to whether or not
the Commission can move faster on this item. She further
stated when the Board set the direction for this Plan in
January, they were not sending the entire Plan, but were
sending the four components of water quality, levels of
service (roads, schools and public safety), land use, and
economic development. She stated there has been direct
oversight by the Planning Commission, herself and staff
continually to ensure that this Plan was delivered to the
`'~
08-254
04/09/08
citizens. She further stated the work has been completed by
staff and is ready to go forward through the process.
Ms. Durfee restated her motion, seconded by Mr. Holland, of
taking no action on the current item and reinstituting a 60-
day period for the Planning Commission to make a
recommendation on the Upper Swift Creek Plan amendments, as
requested by the Board in January.
Ayes: Warren, Holland and Durfee.
Nays: Gecker and Jaeckle.
8.C. STREETLIGHT INSTALLATION COST APPROVALS
Mr. Stith stated this is a countywide streetlight request to
light the auxiliary parking.
On motion of Mr. Gecker, seconded by Mr. Holland, the Board
approved the following streetlight installation from the
County-wide Streetlight Fund:
* At Robious Elementary School, three lights to
illuminate the auxiliary parking area to the north
of the school: $1825.60
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D. CONSENT ITEMS
8.D.1. ACCEPTANCE OF A GRANT AWARDED BY THE VIRGINIA
DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE
FY2008 CRIMINAL JUSTICE RECORDS SYSTEMS
IMPROVEMENT GRANT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Police Department to accept and appropriate
$130,155 in The Virginia Department of Criminal Justice
Services, Criminal Justice Records Systems Improvement Grant
funds to support the expansion of the LInX information
sharing network in Central Virginia through the purchase of
hardware and software, and authorized the County
Administrator to execute all documents.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.2. ADOPTION OF RESOLUTIONS
8.D.2.a. RECOGNIZING APRIL 20-26, 2008, AS "ADMINISTRATIVE
PROFESSIONALS WEEK"
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, administrative professionals play an essential
role in coordinating the office operations of businesses,
government, educational institutions, and other
organizations; and
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04/09/08
WHEREAS, the work of administrative professionals today
requires advanced knowledge and expertise in communications,
computer software, office technology, project management,
organization, customer service and other vital office
management responsibilities; and
WHEREAS, "Administrative Professionals Week" is observed
annually in workplaces around the world to recognize the
important contributions of administrative support staff and
is sponsored by the International Association of
Administrative Professionals (IAAP); and
WHEREAS, the theme of "Administrative Professionals Week
2008" is "Forward Moving," reflecting how career-minded
administrative professionals are positioning themselves for
success in today's ever-changing business environment by
mastering advanced office technology, continually honing
their communication skills, forging collaborative
relationships with managers and coworkers, and taking charge
of their own career development.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the week of April 20-
26, 2008, as "Administrative Professionals Week," and
Wednesday, April 23, 2008, as "Administrative Professionals
Day" in Chesterfield County, saluting the valuable
contributions of administrative professionals in the
workplace and calling on all employers to support continued
training and development for administrative staff,
recognizing that a well-trained workforce is essential for
success in today's business world.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.2.b. RECOGNIZING MR. HERBERT TYRONE COLEMAN, DEPARTMENT
OF GENERAL SERVICES, WASTE AND RESOURCE RECOVERY
DIVISION, UPON HIS RETIREMENT
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Mr. Herbert Tyrone Coleman retired on April 1,
2008, after providing nearly twenty years of dedicated and
faithful service to Chesterfield County; and
WHEREAS, Mr. Coleman began his service May 9, 1988,
collecting refuse for the Department of General Services,
Chesterfield County; and
WHEREAS, Mr. Coleman transferred from the collections
section to the convenience center operations on February 26,
2005; and
WHEREAS, Mr. Coleman helped the county's Sanitation
Department change and become the Division of Solid Waste, and
then the Division of Waste and Resource Recovery,
representing a shift to protection of the environment; and
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04/09/08
WHEREAS, Mr. Coleman is known for his friendly, easy-
going manner, his ability to work with citizens in an
effective way, and caring for his fellow co-workers; and
WHEREAS, Mr. Coleman provided the wisdom of his years
and experience in contributing to the division's growth
throughout the nearly twenty years of his service; and
WHEREAS, Mr. Coleman performed his duties and
responsibilities with a positive demeanor, assisted citizens
to provide a safe and enjoyable environment, and will be
missed by his fellow co-workers.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Herbert T.
"Tyrone" Coleman and extends appreciation for his nearly
twenty years of dedicated service to the county,
congratulations upon his retirement, and best wishes for a
long and happy retirement.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.2.c. RECOGNIZING APRIL 2008, AS "CHILD ABUSE PREVENTION
MONTH" IN CHESTERFIELD COUNTY
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, child abuse is a tragic problem, and finding
solutions depends on involvement among people throughout the
community; and
WHEREAS, child maltreatment occurs when people find
themselves in stressful situations, without community
resources and without the ability to cope; and
WHEREAS, 938 investigations or assessments of child
abuse and neglect were conducted in fiscal year 2007 in
Chesterfield County; and
WHEREAS, 29 children died from injuries attributable to
child abuse and/or neglect in Virginia in fiscal year 2007
with 27 of these victims being 4 and under; and
WHEREAS, the severe problems of domestic violence and
substance abuse are particularly prevalent and lead to
children being at risk of child abuse and neglect throughout
our community; and
WHEREAS, the effects of child abuse have significant
negative impacts on our entire community; and
WHEREAS, children raised
strengthen our county, and all
helping to prevent child abuse
negative effects; and
in safe and nurturing homes
citizens should be partners in
and become more aware of its
WHEREAS, effective child abuse prevention programs
succeed through partnerships that include social service
agencies, schools, religious and civic organizations, law
enforcement agencies and the business community; and
WHEREAS, parents have the most critical influence on
their children's development and need community support and
08-257
04/09/08
education in celebrating the jobs and negotiating the
challenges of parenting.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the month of April
2008, as "Child Abuse Prevention Month" in Chesterfield
County, and encourage all citizens to help in this increasing
challenge of protecting our community's children.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.2.d. RECOGNIZING MRS. DOROTHY VINEY TURNER FOR OVER
SEVENTY YEARS OF SERVICE TO FIRST BAPTIST CHURCH
(MIDLOTHIAN), CHESTERFIELD COUNTY AND BEYOND
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, Mrs. Dorothy Harriette Romania Viney Turner has
been an outstanding citizen of Chesterfield County for over
70 years and has touched the lives of many residents; and
WHEREAS, Mrs. Turner has been a long-time member of
First Baptist Church (Midlothian) where she served as a
Sunday School teacher, was active in the Baptist Young
People's Union (BYPU), served as a musician (organ and piano)
for the church and as musical director for the Children's
Choir, organized the first Family and Friends Day, organized
many special programs including Deacon Installation services,
and was the inspiration for and a founding member of the
Christian Women United women's ministry; and
WHEREAS, Mrs. Turner was a strong supporter of Carver
High School and served as the president of the Parent-Teacher
Association during the tenure of her children's attendance at
Carver; and
WHEREAS, Mrs. Turner joined the ranks of the Independent
Order of Saint Luke, a national, historic African-American
fraternal and insurance society founded by Mrs. Mary Prout
and brought to national prominence by the great Maggie Lena
Walker, founder of the Saint Luke Penny Savings Bank, later
known as the Consolidated Bank and Trust Company; and
WHEREAS, Mrs. Turner was elected the Right Worthy Grand
Juvenile Directress of the Independent Order of Saint Luke
and worked to organize member circles and emphasize the
principles of the Order of love, purity, and charity, and its
founding purpose of promoting unity, humanitarian causes and
encouraging self-help; and
WHEREAS, Mrs. Turner was later elected to the position
of Executive Director of the Independent Order of Saint Luke
and served in this position until her retirement; and
WHEREAS, Mrs. Turner supported and marched for racial
equality and social justice during the Civil Rights Movement
of the 1960's; and
WHEREAS, Mrs. Turner was recognized early in life for
her writing and public speaking skills which enabled her to
serve as a keynote speaker at various churches in
Chesterfield County, in the Commonwealth of Virginia, and
beyond; and
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04/09/08
WHEREAS, Mrs. Turner continues to share encouragement,
praise, recognition and inspiration to others; and
WHEREAS, Mrs. Turner continues to give the best of her
service to others, encouraging young people, in particular,
to be the best that they can be.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Dorothy Viney Turner, is proud to have
her as a resident of Chesterfield County, and on the occasion
of her Appreciation Program at First Baptist Church, extends
to her congratulations and best wishes for many more years of
health, happiness and fulfillment.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.3. APPROPRIATION OF ADDITIONAL ROAD CASH PROFFERS FOR
MCENNALLY ROAD RECONSTRUCTION PROJECT
~.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
appropriated an additional $620,000 in road cash proffers and
cash proffer interest earnings ($564,945 from Traffic Shed
12, $55,055 from Traffic Shed 11) for the McEnnally Road
Reconstruction Project; authorized the County Administrator
to enter into a construction contract up to $1.1 million with
the lowest responsible bidder; and authorized the County
Administrator to enter into the customary environmental
/Virginia Department of Transportation permits for the
projects.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.4. STATE ROAD ACCEPTANCE
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
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AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: Madison Village Section A
Type Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia §33.1-229
Street Name and/or Route
• Sovereign Grace Drive, State Route Number 7165
From: 0.18 mile NW of Charter Colony Py., (Rt. 950)
To: Shawhan Ct., (Rt. 7274), a distance of: 0.06 mile.
Recordation Reference: Pb. 161 Pg. 23
Right of way width (feet) = 44
• Shawhan Court, State Route Number 7274
From: Sovereign Grace Dr., (Rt. 7165)
To: Cul-de-sac, a distance of: 0.05 mile.
Recordation Reference: Pb. 161 Pg. 23
Right of way width (feet) = 44
• Shawhan Place, State Route Number 7273
From: Sovereign Grace Dr., (Rt. 7165)
To: Cul-de-sac, a distance of: 0.06 mile.
Recordation Reference: Pb. 161 Pg. 23
Right of way width (feet) = 44
• Sovereign Grace Drive, State Route Number 7165
From: Shawhan P1., (Rt. 7273)
To: Abrahams Ln., (Rt. 7275), a distance of: 0.10 mile.
Recordation Reference: Pb. 161 Pg. 23
Right of Way width (feet) = 50
• Abrahams Lane, State Route Number 7275
From: Sovereign Grace Dr., (Rt. 7165)
To: Cul-de-sac, a distance of: 0.04 mile.
Recordation Reference: Pb. 161 Pg. 23
Right of Way width (feet) = 44
• Abrahams Lane, State Route Number 7275
From: Sovereign Grace Dr., (Rt. 7165)
To: Charter Landing Dr., (Rt. 7277), a distance of: 0.10 mile.
Recordation Reference: Pb. 161 Pg. 23
Right of Way width (feet) = 44
• Charter Landing Drive, State Route Number 7277
From: Abrahams Ln., (Rt. 7275)
To: Temp EOM, a distance of: 0.04 mile.
Recordation Reference: Pb. 161 Pg. 23
Right of Way width (feet) = 50
• Charter Landing Drive, State Route Number 7277
From: Abrahams Ln., (Rt. 7275)
To: 0.13 mile S of Abrahams Ln., (Rt. 7275), a distance of: 0.13 mile.
Recordation Reference: Pb. 161 Pg. 23
Right of Way width (feet) = 50
• Charter Landing Drive, State Route Number 7277
From: 0.13 mile S of Abrahams Ln., (Rt. 7275)
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04/09/08
To: 0.16 mile S of Abrahams Ln., (Rt. 7275), a distance of: 0.03 mile.
Recordation Reference: Pb. 161 Pg. 23
Right of Way width (feet) = var 50-62
• Charter Landing Drive, State Route Number 7277
From: 0.16 mile S of Abrahams Ln., (Rt. 7275)
To: 0.19 mile S of Abrahams Ln., (Rt. 7275), a distance of: 0.03 mile.
Recordation Reference: Pb. 161 Pg. 23
Right of Way width (feet) = 62
~.
• Charter Walk Lane, State Route Number 7276
From: Charter Landing Dr., (Rt. 7277)
To: Temp EOM, a distance of: 0.01 mile.
Recordation Reference: Pb. 161 Pg. 23
Right of Way width (feet) = 44
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: Summer Lake Section 5
Type Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia §33.1-229
Street Name and/or Route
• Jennway Terrace, State Route Number 7082
From: 0.01 mile N of Jennway Lp., (Rt. 7080)
To: Cul-de-sac, a distance of: 0.09 mile.
Recordation Reference: Pb. 161 Pg. 43
Right of Way width (feet) = 40
• Lake Summer Mews, State Route Number 7085
From: 0.01 mile S of Lake Summer Dr., (Rt. 5637)
To: Cul-de-sac, a distance of: 0.09 mile.
Recordation Reference: Pb. 161 Pg. 43
Right of Way width (feet) = 40
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• Nevil Bend Lane, State Route Number 7086
From: 0.01 mile N of Lake Summer Dr., (Rt. 5637)
To: Nevil Bend Cr., (Rt. 7279), a distance of: 0.02 mile.
Recordation Reference: Pb. 161 Pg. 43
Right of Way width (feet) = 40
• Nevil Bend Lane, State Route Number 7086
From: Nevil Bend Cr., (Rt. 7279)
To: Nevil Bend Cr., (Rt. 7279), a distance of: 0.02 mile.
Recordation Reference: Pb. 161 Pg. 43
Right of Way width (feet) = 40
• Nevil Bend Circle, State Route Number 7279
From: Nevil Bend Ln., (Rt. 7086)
To: Nevil Bend Ln., (Rt. 7086), a distance of: 0.04 mile.
Recordation Reference: Pb. 161 Pg. 43
Right of Way width (feet) = var
• Nevil Bend Laae, State Route Number 7086
From: Nevil Bend Cr., (Rt. 7279)
To: Cul-de-sac, a distance of: 0.02 mile.
Recordation Reference: Pb. 161 Pg. 43
Right of Way width (feet) = 40
• Nevil Bend Turn, State Route Number 7087
From: 0.01 mile N of Lake Summer Dr., (Rt. 5637)
To: Nevil Bend Ct., (Rt. 7280), a distance of: 0.02 mile.
Recordation Reference: Pb. 161 Pg. 43
Right of Way width (feet) = 40
• Nevil Bend Court, State Route Number 7280
From: Nevil Bend Tn., (Rt. 7087)
To: Cul-de-sac, a distance of: 0.06 mile.
Recordation Reference: Pb. 161 Pg. 43
Right of Way width (feet) = 40
• Nevil Bend Tura, State Route Number 7087
From: Nevil Bend Ct., (Rt. 7280)
To: Cul-de-sac, a distance of: 0.03 mile.
Recordation Reference: Pb. 161 Pg. 43
Right of Way width (feet) = 40
And, further, the Board adopted the following resolution:
WHEREAS, the street described below is shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
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AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project: Glenmore Village Section A
T~+pe Change to the Secondary System of State Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia §33.1-229
Street Name and/or Route
• Wiley Circle, State Route Number 7278
From: Charter Landing Dr., (Rt. 7277)
To: 0.04 mile E of Charter Landing Dr., (Rt. 7277), a distance of: 0.04
mile.
Recordation Reference: Pb. 161 Pg. 66
Right of Way width (feet) = 44
• Wiley Circle, State Route Number 7278
From: 0.04 mile E of Charter Landing Dr., (Rt. 7277)
To: 0.04 mile E of Charter Landing Dr., (Rt. 7277), a distance of: 0.30
mile.
Recordation Reference: Pb. 161 Pg. 66
Right of Way width (feet) = 44
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.5. AUTHORIZATION FOR ALLTEL TO ENTER ONTO COUNTY
PROPERTY TO EVALUATE SITES FOR POSSIBLE
TOWER LOCATIONS
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Deputy County Administrator to execute license
agreements with Alltel, or other communications companies, in
a form acceptable to the County Attorney, to evaluate sites
for possible tower locations on county property.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.6. CONVEYANCE OF EASEMENT TO VIRGINIA ELECTRIC AND POWER
COMPANY TO INSTALL UNDERGROUND CABLE ACROSS COUNTY
PROPERTY FOR THE RELOCATION OF A TRANSFORMER AT BON
AIR ELEMENTARY SCHOOL
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company to install underground
cable across county property for the relocation of a
transformer at Bon Air Elementary School to allow for the
construction of the Administrative and Arts Wing. (It is
noted a copy of the plat is filed with the papers of this
Board . )
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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04/09/08
8.D.7. REQUESTS TO QUITCLAIM
8.D.7.a. A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS THE
PROPERTY OF SEUNG G. AND KANG SUK DONG
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
16-foot drainage easement across the property of Seung G. and
Kang Suk Dong. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.7.b. A SIXTEEN-FOOT DRAINAGE EASEMENT (PRIVATE) ACROSS
THE PROPERTY OF KATHERMAN INVESTMENTS, INCORPORATED
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
16-foot drainage easement (private) across the property of
Katherman Investments, Incorporated. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.7.c. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS
THE PROPERTY OF TNT KIDS PARTNERS, LLC
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a 16-foot water easement across the property of
TNT Kids Partners, LLC. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.8. REQUESTS FOR PERMISSION
8.D.8.a. FROM RICHARD C. FORTNEY AND AMY FORTNEY FOR A
GRAVEL DRIVEWAY TO ENCROACH WITHIN A THIRTY-SIX-
FOOT UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS
BERMUDA STREET
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request from Richard C. Fortney and Amy Fortney
for permission for a gravel driveway to encroach within a 36-
foot unimproved county right of way known as Bermuda Street.
(It is noted a copy of the plat is f filed with the papers of
this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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08-264
04/09/08
8.D.8.b. FROM DOUGLAS R. SOWERS AND SUSAN S. SOWERS FOR A
CONCRETE SPILLWAY TO ENCROACH WITHIN A THIRTY-FOOT
SEWER EASEMENT ACROSS THEIR PROPERTY
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request from Douglas R. Sowers and Susan S. Sowers
for permission for a concrete spillway to encroach within a
30-foot sewer easement across their property, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.8.c. FROM MEADE THOMAS WHITMORE AND JACQUELINE M.
WHITMORE FOR A PROPOSED FENCE TO ENCROACH WITHIN
AN EIGHT-FOOT EASEMENT AND A TWENTY-FOOT DRAINAGE
AND SEWER EASEMENT ACROSS LOT 39, CAMERON RUN,
SECTION 5
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
approved a request from Meade Thomas Whitmore and Jacqueline
M. Whitmore for permission for a proposed fence to encroach
within an 8-foot easement and a 20-foot drainage and sewer
easement across Lot 39, Cameron Run, Section 5. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.9. ACCEPTANCE OF PARCELS OF LAND
8.D.9.a. ALONG IRONBRIDGE ROAD FROM IRONBRIDGE CORNER, L.C.
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.121
acres along Ironbridge Road (State Road 10) from Ironbridge
Corner, L.C., and authorized the Deputy County Administrator
to execute the deed. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.9.b. ALONG EAST HUNDRED ROAD FROM JSN DEVELOPMENT, LLC
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.055
acres along East Hundred Road (State Road 10) from JSN
Development, LLC, and authorized the Deputy County
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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04/09/08
8.D.9.c. ALONG HULL STREET ROAD FROM MICHAEL AND
MYRNA MCCAFFERY
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of parcels of land containing a total
of 0.165 acres along Hull Street Road (State Road 360) from
Michael and Myrna McCaffery, and authorized the Deputy County
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
8.D.9.d. ALONG HULL STREET ROAD FROM ALBERT A. AND
MARY W. RUDD
On motion of Mr. Gecker, seconded by Ms. Durfee, the Board
accepted the conveyance of a parcel of land containing 0.072
acres along Hull Street Road (State Road 360) from Albert A.
and Mary W. Rudd, and authorized the Deputy County
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
accepted the following report: a Report on Developer Water
and Sewer Contracts.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Bruce Noll addressed the Board regarding drainage issues
on his property. He stated he has spoke with Richard
McElfish, Environmental Engineering, and Bill Dupler,
Building Inspections, regarding the concerns he has. He
further stated he has been informed by VDOT the drainage pipe
is working as it is supposed to.
Mr. Warren stated Mr. Stegmaier would be contacting Mr. Noll
to discuss this issue.
Ms. Debbie Noll stated a school bus unloads near the area
that floods and expressed concerns regarding the danger of
children attempting to play in the water.
Mr. Bill Dupler stated the county applied for a FEMA Grant.
He explained the FEMA Grant process and stated this grant was
not funded under the Tropical Storm Gaston funding. He
further stated that leaves the county with the option to
attempt to locate other funding options when another flooding
happens.
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04/09/08
In response to Mr. Gecker's question, Mr. Dupler stated if
the county received the grant money, they would acquire the
property and remove the building. He further stated there is
an engineering solution to the flooding, but it is more
costly then removing the building.
In response to Mr. Holland's question, Mr. Dupler stated
flood insurance is available and has been obtained by the
homeowner.
In response to Ms. Durfee's questions, Mr. Dupler stated
drainage is not his specialty, but building a wall is often
more costly then removing the building from the property. He
further stated Mr. and Mrs. Noll are the second owners of the
property.
In response to Mr. Warren's question, Mr. Dupler stated there
is an appeal process for the FEMA Grant and the homeowners
have filed an appeal.
Mr. Warren asked Mr. Stegmaier, Mr. Dupler and Mr. McElfish
to meet with the homeowners and discuss the options available
to remedy the problem.
In response to Mr. Gecker's question, Mr. Dupler stated the
FEMA map does not show this particular property to be in the
floodplain.
In response to the Board's questions, Mr. Noll stated they
have obtained flood insurance subsequent to the flooding and
it is predicated on whether or not the property is listed as
being in a floodplain.
Mrs. Noll stated VDOT has stated they are located in a
floodplain, but the county says they are not.
In response to Ms. Jaeckle's question, Mrs. Noll stated the
flooding started prior to the time when they purchased the
property.
Mr. George Beadles addressed the Board regarding the
recommendations of the Planning Commission.
11. DINNER
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
recessed to the Lane B. Ramsey Administration Building, Room
502, for dinner.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Reconvening:
12. INVOCATION
Mr. Russell Harris, Manager of Community Development, gave
the invocation.
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04/09/08
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Gold Award Recipient Stephanie Leigh Spencer, led the Pledge
of Allegiance to the Flag of the United States of America.
14. RESOLUTIONS
14.A. RECOGNIZING MR. JOHN GRUBB FOR HIS CONTRIBUTIONS TO
CHESTERFIELD COUNTY
Mr. Kappel introduced Mr. John Grubb who was present, along
with his wife, to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. John Maywood Grubb, Jr., known to baseball
fans as Johnny Grubb, is a Chesterfield County resident; and
WHEREAS, Mr. Grubb is a former Major League outfielder,
designated hitter and occasional first baseman; and
WHEREAS, he attended Chesterfield County public schools,
graduating from Meadowbrook High School, where he played
baseball, in 1967; and
WHEREAS, after attending Manatee Junior College and
Florida State University on baseball scholarships, Mr. Grubb
was drafted by the San Diego Padres, having been previously
drafted by the Boston Red Sox, Cincinnati Reds and Atlanta
Braves, all of which had recognized his promise as an
athlete; and
WHEREAS, his impressive baseball career includes being
called to the Major Leagues in 1972, being named to the Topps
All-Rookie Team in 1973 and to the National League All-Star
Team in 1974; and
WHEREAS, Mr. Grubb was traded to the Cleveland Indians,
signed with the Texas Rangers and was traded to the Detroit
Tigers; and
WHEREAS, he also was named American League Player of the
Week during 1986 and was inducted to the Meadowbrook High
School Sports Wall of Fame and the Florida State Sports Hall
of Fame; and
WHEREAS, after retiring from the Major Leagues in 1988,
Mr. Grubb distinguished himself through volunteer work with
the Big Brothers organization; Veterans Hospital
volunteerism; fundraising activities for CARITAS; service to
Bethany Christian Church; public service support for the
YMCA; speaking engagements for church groups, Kiwanis and
Rotary clubs and for Ruritan, the Jewish Community Center and
others; and
WHEREAS, Mr. Grubb has exemplified good sportsmanship
and good citizenship throughout his adult life; and
WHEREAS, Mr. Grubb currently serves as Varsity Baseball
Coach at Meadowbrook High School, where he continues to share
his experience and expertise with the youths of Chesterfield
County.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of April 2008,
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04/09/08
hereby recognizes the distinguished baseball career and the
exemplary civic service of Mr. John Maywood Grubb, Jr.,
thanks him for his leadership to the youths of Chesterfield
County, Virginia, and extends best wishes for continued
success in all his endeavors.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Mr. Holland presented the executed resolution to Mr. Grubb
and expressed appreciation for his leadership to the youths
of Chesterfield County.
Mr. Grubb thanked the Board for the recognition.
14.B. RECOGNIZING THE CONTRIBUTIONS OF THE COUNCIL FOR
AMERICA'S FIRST FREEDOM
Mr. Kappel introduced Mr. Tommy Baer, who was present, with
Dr. Isabelle Kinnard, Vice President for Education, to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Thomas Jefferson, James Madison and George
Mason worked together to produce the Virginia Statute for
Religious Freedom in 1786; and
WHEREAS, this document was passed into law by the
Virginia General Assembly and became the precursor to the
religion clauses in the First Amendment to the United States
Constitution; and
WHEREAS, The Council for America's First Freedom is an
organization dedicated to increasing understanding and
respect for religious freedom in diverse communities
worldwide; and
WHEREAS, The Council for America's First Freedom
conducts numerous educational programs; and
WHEREAS, in the Richmond Metro Area, the council
conducts the Annual First Freedom Awards, which recognizes
three outstanding individuals who have made remarkable
contributions to religious freedom in Virginia, the nation
and internationally by championing the cause of religious
liberty; and
WHEREAS, in Chesterfield County, the council conducts a
teacher training institute and provides a Teaching American
History Grant in the Chesterfield County Public Schools; and
WHEREAS, these and other programs across the nation and
around the globe help to promote freedom of religion,
understanding and tolerance of others' religious beliefs.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of April 2008,
hereby recognizes the outstanding and important work done by
The Council for America's First Freedom, thanks all of the
council's members for their commitment to fostering
understanding, tolerance and religious freedom for all, and
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04/09/08
extends best wishes to The Council for America's First
Freedom for continued success in their noble endeavors.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Mr. Warren presented the executed resolution to Mr. Baer and
expressed appreciation for his dedication to religious
freedom.
Mr. Baer thanked the Board for the recognition.
14.C. RECOGNIZING MS. STEPHANIE LEIGH SPENCER, TROOP 953,
UPON ATTAINING THE GOLD AWARD
Mr. Kappel introduced Ms. Stephanie Leigh Spencer, who was
present, with her parents, to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.7 million girls, which was
founded by Juliette Gordon Low in 1912 to promote citizenship
training and personal development; and
WHEREAS, after earning three interest project patches,
earning the Girl Scout Gold Leadership Award, the Girl Scout
Gold Career Award, and the Girl Scout Gold 4Bs Challenge
Award, and designing and implementing a Girl Scout Gold Award
project; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments
in the areas of leadership, community service, career
planning, and personal development; and
WHEREAS, the Girl Scout Award can only be earned by
girls aged 14-18 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Ms. Stephanie Leigh Spencer, Troop 953,
sponsored by O. B. Gates Elementary School, has accomplished
these high standards and has been honored with the Girl
Scouts of America Gold Award by the Girl Scout Commonwealth
Council of Virginia, Incorporated; and
WHEREAS, growing through her experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding herself on the great accomplishments of their
country, Stephanie 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, this 9th day of April 2008,
publicly recognizes Ms. Stephanie Leigh Spencer, extends
congratulations on her attainment of the Gold Award and
acknowledges the good fortune of the county to have such an
outstanding young woman as its citizen.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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04/09/08
Mr. Holland presented the executed resolution and county
patch to Ms. Spencer and congratulated her on her
accomplishment.
Ms. Spencer provided details of her Gold Award project and
expressed appreciation to her parents for their support.
14.D. RECOGNIZING MR. ALEXANDER MATTHEW SMITH, TROOP 806,
UPON ATTAINING THE RANK OF EAGLE SCOUT
Mr. Kappel introduced Mr. Alexander Matthew Smith, who was
present, with his mother, to receive the resolution.
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 his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Alexander Matthew Smith, Troop 806,
sponsored by Woodlake United Methodist Church, has
accomplished those high standards of commitment and has
reached the long-sought goal of Eagle Scout, which is earned
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Alexander has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 9th day of April 2008,
publicly recognizes Mr. Alexander Matthew Smith, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the county to have such an
outstanding young man as one of its citizens.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
Ms. Durfee presented the executed resolution and county patch
to Mr. Smith and congratulated him on his accomplishments.
Mr. Smith provided details of his Eagle Scout project and
thanked his parents for their support.
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15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
16. PUBLIC HEARINGS
16.A. TO CONSIDER A PROPOSED AMENDMENT TO THE COUNTY CODE
PERTAINING TO UNMANNED (SELF-SERVICE) MOTOR VEHICLE
FUELING FACILITIES IN THE I-1 ZONING DISTRICT
Mr. Carl Schlaudt stated the Planning Commission recommends
approval of this amendment.
In response to Mr. Gecker's question, Mr. Schlaudt stated
staff also supports the amendment.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 19-181 AND 19-301 OF THE ZONING
ORDINANCE
RELATING TO UNMANNED MOTOR VEHICLE FUELING FACILITIES
IN I-1 DISTRICTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19-181 and 19-301 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted to read as follows:
Sec. 19-181. Uses permitted with certain restrictions.
The following uses shall be permitted in the I-1
District subject to compliance with the following conditions
and other applicable standards of this chapter. If the
following restrictions cannot be met, these uses may be
allowed by conditional use, subject to the provisions of
section 19-13:
0 0 0
(b) Uses permitted by right with restrictions in the C-
1 District, artist material and supply stores,
health clubs, messenger or telegraph services,
office supply stores, and unmanned self-service
motor vehicle fueling facilities, provided that:
(1) Such uses shall only be permitted in projects
of 25 acres or more;
(2) At no time shall such uses exceed 30 percent
of the gross floor area under construction or
occupied by permitted uses in such projects;
(3) Such uses are located internally to the
project, not along any road on the periphery
of the project; and
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04/09/08
(4) Shall be primarily for the convenience of the
employees of the industrial uses.
0 0 0
Sec. 19-301. Definitions.
For the purposes of this chapter, the following words
and phrases shall have the following meanings:
0 0 0
Unmanned self-service motor vehicle fueling facility:
Any establishment having pumps and storage tanks at which
fuels and oils for motor vehicles are dispensed or sold at
retail, where: 1) dispensing is performed by the customer; 2)
there is no on-site attendant; and 3) vehicle repair services
are not offered .
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
16.B. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A PLAN
OF COSBY'S LAKE
Mr. Stith stated this date and time had been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of a Plan of Cosby's Lake.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to WATERMARK
PARTNERS LLC, a Virginia limited liability
company, ("GRANTEE"), a portion of a Plan of
Cosby's Lake, DALE Magisterial District,
Chesterfield County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's Office of
the Circuit Court of Chesterfield County in Plat
Book 4, at Pages 188 through 190.
WHEREAS, WATERMARK PARTNERS LLC, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate Lots
1, 2, 14, 15 and 16, Block B and Lot 16, Block C, Plan of
Cosby's Lake, DALE Magisterial District, Chesterfield County,
Virginia more particularly shown on a plat of record in the
Clerk's Office of the Circuit Court of said County in Plat
Book 4, Pages 188 through 190, by J. H. INGE, dated JULY 20,
1928. The portion of plat petitioned to be vacated is more
fully described as follows:
Lots 1, 2, 14, 15 and 16, Block B and Lot 16,
Block C, Plan of Cosby's Lake, the location of
which is more fully shown on a plat made by J. H.
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04/09/08
INGE, dated JULY 20, 1928 and recorded in the
aforesaid Clerk's Office, in Plat Book 4, Pages
188 through 190.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of plat sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of plat be
and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the portion of plat hereby vacated in the
property owner free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and WATERMARK
PARTNERS LLC, a Virginia limited liability company, or their
successors in title, as GRANTEE.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
16.C. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF LOT 11
AND LOT 12, PROVIDENCE FARMS SUBDIVISION
Mr. Stith stated this date and time had been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of Lot 11 and Lot 12, Providence Farms
Subdivision.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Gecker, seconded by Mr. Warren the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to DAVID M. WOODFIN
and JOSEPH G. WOODFIN, III, WOODFIN ASSOCIATES,
LP, a Virginia limited partnership, and JOSEPH G.
WOODFIN, III ("GRANTEE"), a portion of Lot 11 and
Lot 12 across Providence Farms Subdivision,
MIDLOTHIAN Magisterial District, Chesterfield
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04/09/08
County, Virginia, as shown on a plat thereof duly
recorded in the Clerk's Office of the Circuit
Court of Chesterfield County in Plat Book 3, at
Page 159.
WHEREAS, DAVID M. WOODFIN and J OSEPH G. WOODFIN, III,
petitioned the Board of Supervisors of Chesterfield County,
Virginia to vacate a portion of Lot 11 and Lot 12, Providence
Farms Subdivision, MIDLOTHIAN Magisterial District,
Chesterfield County, Virginia more particularly shown on a
plat of record in the Clerk's Office of the Circuit Court of
said County in Plat Book 3, Page 159, by WADDELL & DABNEY,
dated OCTOBER 20, 1919, and recorded APRIL 26, 1919. The
portion of lots and lot petitioned to be vacated is more
fully described as follows:
A portion of Lot 11 and Lot
Subdivision, the location of
shown on a plat made by
ASSOCIATES, P.C., dated JANU.
of which is attached hereto
this Ordinance.
12, Providence Farms
which is more fully
POTTS, MINTER AND
?CRY 28, 2008, a copy
and made a part of
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of lot and lot sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of lot and
lot be and are hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this
2274 is to destroy the
the portion of the plat
fee simple title of the
vacated in the property
of public use.
Ordinance pursuant to Section 15.2-
force and effect of the recording of
vacated. This Ordinance shall vest
portion of Lot 11 and Lot 12 hereby
owners free and clear of any rights
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and DAVID M.
WOODFIN and JOSEPH G. WOODFIN, III, WOODFIN ASSOCIATES, LP, a
Virginia limited partnership, and JOSEPH G. WOODFIN, III, or
their successors in title, as GRANTEE.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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04/09/08
16.D.
(FORMERLY MADISON STREET) WITHIN REVISED PLAN OF RAYON
PARK
UNIMPROVED RIGHT OF WAY KNOWN AS FONDA STREET
TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF AN
Mr. Stith stated this date and time had been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of an unimproved right of way known as Fonda
Street (formerly Madison Street) within revised Plan of Rayon
Park.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to BILL W. SPENCE,
SR. and LINDA W. SPENCE, (husband and wife),
WILLIE L. JENNINGS and GLENIS W. JENNINGS,
(husband and wife), ("GRANTEE"), a portion of a
50' unimproved county right of way known as Fonda
Street (formerly Madison Street) within Revised
Plan of Rayon Park, BERMUDA Magisterial District,
Chesterfield County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's Office of
the Circuit Court of Chesterfield County in Plat
Book 4, at Page 150.
WHEREAS, BILL W. SPENCE, SR. and LINDA W. SPENCE,
petitioned the Board of Supervisors of Chesterfield County,
Virginia to vacate a portion of a 50' unimproved county right
of way known as Fonda Street (formerly Madison Street) within
Revised Plan of Rayon Park, BERMUDA Magisterial District,
Chesterfield County, Virginia more particularly shown on a
plat of record in the Clerk's Office of the Circuit Court of
said County in Plat Book 4, Page 150, by W. W. LAPRADE &
BROS., dated JULY 5, 1928, and recorded SEPTEMBER 28, 1928.
The portion of right of way petitioned to be vacated is more
fully described as follows:
A portion of a 50' unimproved county right of way
known as Fonda Street (formerly Madison Street)
within Revised Plan of Rayon Park, the location
of which is more fully shown on the sketches
attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the right of way sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
~I
i~
08-276
04/09/08
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid right of way be and
is hereby vacated.
GRANTEE hereby conveys unto the GRANTOR and GRANTOR
hereby reserves a 50' sewer easement on the portion of right
of way hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the centerline of the portion of right of
way herby vacated on the abutting property owners free and
clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and BILL W.
SPENCE, SR. and LINDA W. SPENCE, (husband and wife), WILLIE
L. JENNINGS and GLENIS W. JENNINGS, (husband and wife), or
their successors in title, as GRANTEE.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
16.E. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A TEN-
FOOT TEMPORARY CONSTRUCTION EASEMENT WITHIN OTTERDALE
POINTE SUBDIVISION
Mr. Stith stated this date and time had been advertised for
the Board to consider an ordinance to vacate a portion of a
10-foot temporary construction easement within Otterdale
Pointe Subdivision.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to ENTERPRISE
BUILDERS & DEVELOPERS, LLC, a Virginia
corporation, ("GRANTEE"), a portion of a 10'
temporary construction easement across Lot 2,
Otterdale Pointe Subdivision, MATOACA Magisterial
District, Chesterfield County, Virginia, as shown
on a plat thereof duly recorded in the Clerk's
Office of the Circuit Court of Chesterfield
County in Plat Book 162, at Page 14.
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04/09/08
WHEREAS, ENTERPRISES BUILDERS & DEVELOPERS, LLC,
petitioned the Board of Supervisors of Chesterfield County,
Virginia to vacate a portion of a 10' temporary construction
easement across Lot 2, Otterdale Pointe Subdivision, MATOACA
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 162, Page
14, by POTTS, MINTER AND ASSOCIATES, P.C., dated JUNE 3,
2005; and recorded JANUARY 20, 2006. The portion of easement
petitioned to be vacated is more fully described as follows:
A portion of a 10' temporary construction
easement, across Lot 2, Otterdale Pointe
Subdivision, the location of which is more fully
shown on a plat made by TAYLOR & TAYLOR, P.C.,
dated JULY 13, 2006, and revised AUGUST 17, 2006,
a copy of which is attached hereto and made a
part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of easement
be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the portion of easement hereby vacated in
the property owner of Lot 2, Otterdale Point Subdivision free
and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and
ENTERPRISE BUILDERS & DEVELOPERS, LLC, a Virginia
corporation, or their successors in title, as GRANTEE.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
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04/09/08
16.F. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF A TEN-FOOT AND VARIABLE WIDTH EASEMENT
FOR THE COUNTY'S PHONE AND DATA SYSTEMS
Mr. Stith 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 a 10-foot and variable
width easement for the county's phone and data systems.
Mr. Warren called for public comment.
No one came forward to speak to the request.
In response to Mr. Gecker's questions, Mr. Dean Sasek stated
the county has reached an agreement with Mr. Myers for
conveyance of the easement for a fiber optic line to serve
the county complex and there are some remaining engineering
issues to be resolved to avoid a conflict between the fiber
optic line and a sewer line. He further stated the county
does not have a signed agreement with the landowner. He
explained the plat agreed to by the county is attached to the
agenda item.
Mr. Micas explained the county is exercising eminent domain
to assist with expediting the construction of the project.
On motion of Mr. Holland, seconded by Mr. Gecker, the Board
authorized the County Attorney to proceed with eminent domain
for the acquisition of a 10-foot and variable width easement
across the property of Myers Family Partnership, LP, 9800
Lori Road, PIN: 7696638911400000.
And further, the Board authorized staff to enter and take
such easements prior to eminent domain proceedings.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
18. ADJOURNMENT
On motion of Ms. Durfee, seconded by Mr. Warren, the Board
adjourned at 7:12 p.m. until April 23, 2008 at 3:00 p.m.
Ayes: Warren, Gecker, Jaeckle, Holland and Durfee.
Nays: None.
~ _._
i
f`J mes ``~~ ''~ . S egma ' er
',~~ounty~Administrator
''7 _
Arthur S. Warren
Chairman
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04/09/08