09-22-2004 MinutesBOARD OF SUPERVISORS
MINUTES
September 22, 2004
SuDervisors in Attendance:
Mr. Kelly E. Miller, Chairman
Mr. Edward B. Barber, Vice Chrm.
Mrs. Renny B. Humphrey
Mr. R. M. "Dickie" King, Jr.
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Ms. Jana Carter, Dir.,
Youth Planning and
Development
Ms. Marilyn Cole, Asst.
County Administrator
Ms Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr Charles Dane, Asst.
Dir., General Services
Ms Rebecca Dickson, Dir.,
Budget and Management
Mr James Dunn, Dir.,
Economic Development
Mr William Dupler,
Building Official
Mr Robert Eanes, Asst. to
the County Administrator
Ms Lisa Elko, CMC
Clerk
Mr Jeff Franklin, Asst.
Dir., Utilities
Mr Michael Golden, Dir.,
Parks and Recreation
Dep. Chief James Graham,
Fire Department
Mr. Lawrence C. Haake, III
Registrar
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Major David Hutton,
Sheriff's Office
Mr. Thomas E. Jacobson,
Dir. of Revitalization
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr. Mike Mabe, Dir.,
Libraries
Mr. R. John McCracken,
Dir., Transportation
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Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Ms. Karen F. Russell,
Risk Manager
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Kirkland A. Turner,
Director of Planning
Mr. Scott Zaremba, Asst.
Dir., Human Resource
Management
Mr. Miller called the regularly scheduled meeting to order at
3:38 p.m.
1. APPROVAL OF MINUTES
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved the minutes of August 25, 2004, September 3, 2004,
as submitted, and September 6, 2004, as amended.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey stated Mr. David Welchons, former Director of
Utilities, passed away on September 19, 2004. He noted that
Mr. Welchons served with distinction as a member of the
Social Services Board for many years following his retirement
from the Utilities Department. He expressed condolences to
Mr. Welchons' family.
2.A. STORM RECOVERY UPDATE FROM TROPICAL STORM GASTON
Deputy Chief Jim Graham updated the Board regarding emergency
activity and storm recovery efforts as a result of Tropical
Storm Gaston. He stated Emergency Communications processed
214 total calls for service, 116 of which were storm-related
priority calls. He further stated there were 12 major
incidents that required a large amount of resources, most of
which were immediate life-saving incidents. He stated 64
citizens were rescued or evacuated during a 12-hour period
and there was one storm-related fatality. He provided
details of numerous rescue situations by Chesterfield Fire
and Emergency Medical Services (EMS) and stated many other
rescues were made by individual citizens. He stated
President Bush declared a major disaster for nine
jurisdictions, including Chesterfield County, on September 3,
2004. He further stated 410 applications have been filed
from county residents for Federal Emergency Management Agency
(FEMA) assistance and 44 citizens have visited the Disaster
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Recovery Center at Saint Augustine Catholic Church. He noted
the county has also assisted in the coordination of donations
and offers of assistance from citizens to provide for unmet
needs. He stated staff is working with FEMA to identify
eligible projects in need of repair. He further stated
individuals will be recognized for their heroic efforts and
life saving skills at the Fire and EMS Awards Ceremony on
October 5, 2004.
Mr. Warren stated the tremendous response of the public
safety personnel demonstrates the leadership of the county in
responding to difficult situations.
Mr. Miller stated he was fortunate enough to see some of the
rescue efforts, indicating this was the best evidence he has
seen of the outstanding commitment by the county's public
safety division.
Mr. King stated it was a pleasure to watch the Fire and EMS
rescue efforts, noting that a historical landmark was lost as
a result of the flood - the Route 1 bridge built in 1823 at
Falling Creek. He stated he will propose a resolution in
October 2004 to seek any available funding to restore this
historic bridge.
Mrs. Humphrey commended public safety employees for the
extraordinary valor they demonstrated. She stated the media
tremendously assisted the county during the event and
requested that letters be sent to the local television
stations thanking them for promptly updating residents
regarding evacuations, etcetera.
Mr. King noted that the Sheriff's Office also participated
along with Police, Fire and EMS in the rescue efforts.
2.B. RICHMOND REGION 2007 PRESENTATION
Mr. Ralph L. ~Bill" Axselle, Jr., Chairman of Richmond Region
2007, thanked the Board for its support of Richmond Region
2007. He then introduced Mr. Wilson Flohr, President of
Richmond Region 2007, to provide details of the event.
Mr. Flohr stated the three objectives of Richmond Region 2007
are to commemorate our heritage and celebrate our future; to
create a clear identity for the Richmond region; and to
generate increased tourism business. He provided details of
the recommended legacy projects - the Patrick Henry Road to
Revolution; the African-American Heritage Trail; Richmond
Region Golf Odyssey; and Homecoming '07. He then reviewed
details of the recommended signature events, including re-
enactment of the Godspeed landing; the National Folk
Festival; the James River Freedom Festival; African-American
Trailblazers; Democracy and Diversity Forums; World Music
Festival; and the International Fireworks Competition.
Discussion ensued relative to inclusion of an event to
highlight the importance of the Native American community in
the county's history.
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2.C. FAMILIES FIRST ADVISORY COMMITTEE PRESENTATION
Mr. Hammer introduced Ms. Clara King, member of the Families
First Advisory Committee, to brief the Board on activities of
the Families First program.
Mrs. King stated the Families First program provides services
for first-time parents referred by Chesterfield and Colonial
Heights Health Departments. She further stated the program
is currently serving 62 families, 72 percent of which are
teenagers. She noted the program is funded primarily by
federal Temporary Assistance for Needy Families (TANF) funds
at the discretion of the General Assembly. She stated the
program is designed to proactively assess a family's needs
and intervene early, which is clearly a cost effective
approach. She further stated Families First spends only
$3,200 per year per family served as compared to $15,000 per
child that requires treatment through the Comprehensive
Services Act. She provided local results that demonstrated
the effectiveness of the program, noting that Families First
supports family resource centers in each of the county
libraries. She stated materials in the resource centers need
to be expanded and updated. She thanked the Board for its
support of the Families First program.
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. King, seconded by Mr. Warren, the Board
moved Item 5.B., Adoption of Resolution Recognizing AIM-USA
for a Donation Towards the 2004 "Chesterfield Celebrates"
Campaign to Item 8.C.l.h.; added Item 8.C.14.f., Set Date for
Public Hearing to Consider the Appropriation of Federal
Department of Homeland Security Urban Area Security
Initiative Funds; added Item 8.C.15., Designation of the
Applicant's Primary and Secondary Agents for Public
Assistance; added Item 8.C.16., Street Name Approval; and
adopted the Agenda, as amended.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING COMCAST CABLEVISION FOR A DONATION TOWARDS
THE 2004 "CHESTERFIELD CELEBRATES" CAMPAIGN
Mr. Golden introduced Mr. Kenneth Dye and Ms. Monica Smith-
Callaghan who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Parks and Recreation
Department provides wholesome, family activities for the
enjoyment of county residents; and
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WHEREAS, the annual Fourth of July Celebration and
Parade of Lights are among the free events that offer
entertainment to citizens of all ages; and
WHEREAS, Comcast Cablevision graciously provided a
generous donation to be used by the Parks and Recreation
Department towards the 2004 "Chesterfield Celebrates"
campaign; and
WHEREAS, this donation aided in the enhancement of the
special events funded through this campaign; and
WHEREAS, Comcast Cablevision has given back to the
community through sponsorship of these special county events;
and
WHEREAS, through the cooperative efforts of Mr. Kenneth
M. Dye, Director of Government Affairs, the spirit of
community/private partnerships has provided the department
with increased awareness to explore similar opportunities for
other programs; and
WHEREAS, Chesterfield County greatly appreciates this
donation and is looking forward to continuing a strong
relationship with Comcast Cablevision.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of September 2004,
publicly recognizes Comcast Cablevision and management for
its generous contribution toward the 2004 "Chesterfield
Celebrates" campaign.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Comcast Cablevision and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. King presented the executed resolution to Mr. Dye,
accompanied by Ms. Smith-Callaghan and Mr. David Caras,
Senior Recreation Specialist, and expressed appreciation for
Comcast's generous donation.
Mr. Dye stated Comcast is very appreciative of its long-term
relationship with Chesterfield County and will continue to
find ways to partner with the county to serve the citizens.
5.C. RECOGNIZING LIEUTENANT RICHARD W. COFFEY, CHESTERFIELD
FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON
HIS RETIREMENT
Battalion Chief Mike Hatton introduced Lieutenant Richard
Coffey who was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Lieutenant Richard W. Coffey retired from the
Fire and Emergency Medical Services Department, Chesterfield
County, on May 1, 2004; and
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WHEREAS, Lieutenant Coffey attended Recruit School #8 in
1977 and faithfully served the county for over 33 years in
various assignments as a Volunteer Firefighter at the
Midlothian Volunteer Fire Department; as a Career Firefighter
at the Manchester and Bon Air Fire and EMS Stations; as a
Training Officer in the Training and Safety Division; as a
Company Officer at the Manchester, Bon Air and Midlothian
Fire and EMS Stations; as an Assistant Fire Marshal in the
Fire and Life Safety Division, Inspections and Investigations
Section; and as the Burn Coordinator; and
WHEREAS, Lieutenant Coffey was recognized in December
1996 with a Certificate of Recognition for exemplary service
on the Critical Incident Stress Management Team, presented by
the Chesterfield Community Services Board; and
WHEREAS, Lieutenant Coffey and other members of the Fire
Prevention Bureau were recognized in October 1995 with a Unit
Citation for their performance at the Old Buckingham
Apartment Fire; and
WHEREAS, Lieutenant Coffey was recognized in November
1993 with an Emergency Medical Services Award for his role in
saving the life of a citizen and also recognized in December
1978 with a Letter of Commendation for his role in saving the
life of a citizen; and
WHEREAS, Lieutenant Coffey has served as President of
the Virginia Chapter of the International Association of
Arson Investigators and as President of the Central Virginia
Fire and Arson Association.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of September 2004,
publicly recognizes the contributions of Lieutenant Richard
W. Coffey, expresses the appreciation of all residents for
his service to the county, and extends appreciation for his
dedicated service and congratulations upon his retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Lieutenant Coffey and that this
resolution be permanently recorded among the papers of the
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Barber presented the executed resolution to Mr. Coffey,
accompanied by members of his family and Chief Hatton,
congratulated him upon his retirement and thanked him for his
community support.
Mr. Ramsey presented a Jefferson Cup to Mr.
offered him best wishes in his retirement.
Coffey and
Mr. Coffey expressed appreciation to the Board for its
support following the Old Buckingham Apartment fire and
stated he has enjoyed working for the county.
5.D. RECOGNIZING SEPTEMBER 2004, AS ~NATIONAL ALCOHOL AND
DRUG ADDICTION RECOVERY MONTH" IN CHESTERFIELD COIINTY
Mr. Braunstein introduced Ms. Betty Savage, Ms. Nikki Houck,
and Mr. Ned Snead, Manager of Substance Abuse Services, who
were present to receive the resolution.
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On motion of the Board, the following resolution was adopted:
WHEREAS, in 2002 9.3 percent of all Virginians age 12 or
older reported past year dependence or abuse of illicit drugs
or alcohol; and
WHEREAS, only 10.3 percent of Americans age 12 or older
who needed treatment for an alcohol or drug use disorder
actually received treatment; and
WHEREAS, denial and stigma associated with alcohol and
drug use disorders continue to keep people out of treatment;
and
WHEREAS, barriers to accessing treatment facilities are
a significant problem for people with alcohol or drug use
disorders; and
WHEREAS, such barriers include failures to identify
affected people and direct them to treatment, inadequate
public and private insurance coverage for treatment services,
and shrinking state budgets that limit funding for treatment
programs; and
WHEREAS, saluting people who are in recovery from
alcohol and drug use disorders, as well as those who have
helped them obtain treatment, helps to overcome barriers by
educating the community about the benefits of treatment, and
affirming the goal that all people with alcohol and drug use
disorders should have access to treatment services; and
WHEREAS, to help achieve this goal, the U.S. Department
of Health and Human Services, the Substance Abuse and Mental
Health Services Administration, the Office of National Drug
Control Policy, and Chesterfield's Community Services Board,
Substance Abuse Services program that collaborates with the
Office Community Corrections, Departments of Health and
Social Services and Adult and Juvenile Drug Courts invite all
residents of Chesterfield to participate in ~National Alcohol
and Drug Addiction Recovery Month" (Recovery Month).
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of September 2004,
publicly recognizes the month of September 2004, as "National
Alcohol and Drug Addiction Recovery Month" in Chesterfield
County, Virginia and calls upon the citizens of Chesterfield
to observe this month with appropriate programs, activities,
and ceremonies supporting this year's theme, ~Join the Voices
for Recovery Now!"
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to the Chesterfield Community
Services Board and that this resolution be permanently
recorded among the papers of this Board of Supervisors of
Chesterfield County, Virginia.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mr. Warren presented the executed resolution to Ms. Savage,
accompanied by Ms. Houck, Mr. Snead, and Mr. Braunstein, and
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expressed appreciation to the agencies and individuals who
provide drug and alcohol treatment services.
Ms. Savage expressed appreciation to the Board for their
support of the recovery community.
6. WORK SESSION
0 PROPOSED 2005 LEGISLATIVE PROGRAM
Ms. Curtin presented a summary of the county's proposed 2005
legislative program. She reviewed proposed legislative
priorities, including supporting VML/VACo and other local
government efforts to correct adverse effects on local tax
collections arising from 2004 changes to the Personal
Property Tax Relief Act; protecting current cash proffer
authority; and protecting local government land use and
zoning authority. She then reviewed proposed legislative
requests from staff, including amending the statutes for
Community Development Authorities (CDA) to remove/reduce
parcel size limitations, remove $3 million bond limitation on
counties, and allow CDA funds to be used for land
acquisition; amending Section 33.1-23.4 of the Code of
Virginia to allow counties, if they choose, to administer
their secondary road construction funds; amending Section
33.1-12a of the Code of Virginia to increase from $2 million
to $10 million the maximum contract amounts which the
Commonwealth Transportation Commissioner is allowed to
delegate to localities; and adopting new statutes providing
for more positive operation of local group homes.
Mr. Miller expressed numerous concerns about group homes,
including "packing" of neighborhoods with group homes,
qualifications for living in group homes, and operation/
supervision of group homes. He stated he is very frustrated
that the county can do nothing to address complaints from
citizens about group homes, indicating that he believes the
Board should immediately request a study by the General
Assembly regarding the effects of group homes to determine
what areas can be improved to the extent of the state's
authority.
Mr. Warren stated he, too, would support a study of group
homes by the General Assembly. He further stated he recently
attended a meeting regarding a particular group home and both
Senator Martin and Delegate Nixon were present.
Mrs. Humphrey expressed concerns that federal legislation
allows group homes to be treated at the local level like
single-family residences and stated she would support a study
of group homes by the General Assembly.
Mr. Warren expressed concerns that, of the 130 licensed group
homes in the state, 40 are located in Chesterfield County.
Mr. Miller expressed concerns that only 24 of all the
residents in the 40 group homes are citizens of the county.
He suggested that the group home study be moved to a
legislative priority rather than a legislative request.
Ms. Curtin continued to review proposed legislative requests
from staff, including creating a $20,000 statutory death
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benefit for state and local public employees who are killed
from hostile action while serving on active military duty on
foreign soil; and amending Section 58.1-3610 of the Code of
Virginia to clarify that volunteer rescue squads who bill for
service under revenue recovery programs retain the local
property tax exemption. She then reviewed proposed support
items, including extension of existing Enterprise Zone
Authority; the Virginia Metropolitan Circuit Court Clerks'
Association request to remove statutory sanctions against
clerks' offices which are unable to process certain
transactions within prescribed time frames; and the Virginia
Metropolitan Circuit Court Clerks' Association in efforts to
create a processing fee of approximately $5.00 on the filing
of land record transactions.
Mr. Barber stated it might be more efficient to concentrate
on more generic legislative requests rather than legislation
specific to the county because of the ability to build
partnerships with other jurisdictions on the issues.
Mr. Warren stated he believes it is critical for the county
to stay in tune with what other high growth counties and
cities are proposing because strength is in numbers, noting
that VACo is very concerned about the issue of growth.
Mr. Miller recognized Senator John Watkins who was present at
the meeting.
Mr. Barber excused himself from the meeting to attend another
meeting.
7. DEFERRED ITEMS
0 ADOPTION OF A RESIDENTIAL CONNECTIVITY POLICY TO ESTABLISH
STANDARDS FOR ACCESS TO AND BETWEEN SUBDIVISIONS
Mr. Turner stated the Board has considered the residential
connectivity policy in the past and expressed concerns
relative to when connections between subdivisions should be
waived. He further stated staff has determined there is no
quantifiable criteria that would apply in every instance to
determine when subdivision connections should be waived. He
stated staff has concluded that there will be circumstances
in individual cases where it will make sense for the Board to
waive connectivity as the merits of the case are judged;
therefore, language has been included in the policy giving
the Board and Planning Commission discretion to waive
connectivity. He further stated, at Mr. Barber's suggestion,
the waiver must be made by separate motion from the action
under consideration in the zoning case. He stated the
Planning Commission recommends adoption of the policy,
indicating that no concerns have been expressed by members of
the development community. He further stated a member of the
Task Force for Responsible Growth expressed concerns relative
to the Board creating short-cuts that would encourage people
to leave major arterials and travel through neighborhoods.
He further stated staff recommends adoption of the policy.
When asked, Mr. Turner stated, in the past, staff has
encouraged connectivity but there has been no mandate for it.
He further stated the proposed policy would mandate
connection being made unless it caused an undue concentration
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of traffic, the traffic on the subdivision street exceeded
1,500 vehicles per day, or there were topographical reasons
why the connection should not be made.
In response to a scenario provided by Mr. Miller regarding
placing 200 homes on an undeveloped parcel of land adjacent
to an existing subdivision with less than 50 homes, Mr.
Turner stated the Board could judge this case on it own
merits and grant relief for connectivity by separate motion
if they chose to do so.
Mr. Warren stated the policy would place the burden on the
Planning Commission and Board of Supervisors to waive staff's
recommendation for connectivity. He expressed concerns that
the Planning Commission provided a recommendation for
approval of this policy over a year ago when two of the
current Planning Commissioners were not members. He stated
he believes the public should have an opportunity to address
the issue because it could impact the future of existing
neighborhoods.
Mrs. Humphrey stated citizens have an opportunity to address
road connections and how they will impact existing
neighborhoods during public hearings for individual zoning
cases.
After further discussion, Mr. Warren made a motion, seconded
by Mr. King, for the Board to set the date of November 23,
2004 at 7:00 p.m. for a public hearing to consider the
residential connectivity policy to establish standards for
access to and between subdivisions.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8. NEW BUSINESS
8.A. REVIEW OF AN EMERGENCY ACCESS POLICY
Mr. Turner stated staff was directed to prepare a policy that
would set guidelines for the development of emergency
accesses. He further stated the policy would require a
developer to construct one lane of a public road that would
be gated as an emergency access only. He stated the
development community has expressed concerns regarding
placing the maintenance obligation for emergency accesses on
homeowners associations; therefore, staff revised the policy
to require Parks and Recreation staff to maintain emergency
accesses, with developers providing the county with
maintenance funds based on length of the access. He further
stated the development community believes it is unfair to be
required to build emergency accesses and also pay the county
to maintain them. He stated staff believes the accesses have
a tremendous potential to be nuisances in neighborhoods and
is therefore recommending that the Board not adopt the
Emergency Access Policy, but require developers to build
second accesses to public road standards, when needed, and
let the Virginia Department of Transportation maintain them.
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When asked, Mr. Turner stated the policy would give the Board
the option to allow for emergency accesses in lieu of
constructing a second public road.
After brief discussion, Mrs. Humphrey made a motion, seconded
by Mr. King, for the Board to not adopt the Emergency Access
Policy, but continue to require a second public access as
appropriate.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.B. APPOINTMENTS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment of members to serve on
the Community Criminal Justice Board, Richmond Metropolitan
Authority, Virginia's Gateway Region Board and Youth Services
Citizen Board.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.B.1. COMMUNITY CRIMINAL JUSTICE BOARD
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
simultaneously nominated/appointed Mr. Lee Covel to serve on
the Community Criminal Justice Board, whose term is effective
July 1, 2004 and expires June 30, 2006.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.B.2. RICHMOND METROPOLITAN AUTHORITY BOARD OF DIRECTORS
On motion of Mr. Warren, seconded by Mr. King, the Board
simultaneously nominated/reappointed Mr. Charles Foster to
serve on the Richmond Metropolitan Authority Board of
Directors, whose term is effective October 1, 2004 and
expires September 30, 2008.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.B.3. VIRGINIA'S GATEWAY REGION BOARD
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed/reappointed Mr. Gary
Thomson, Mr. R. M. ~Dickie" King, Jr. and Mr. Bob Walker to
serve on Virginia's Gateway Region Board, whose terms are
effective September 30, 2004 and expire September 30, 2005.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
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8.B.4. YOUTH SERVICES CITIZEN BOARD
On motion of Mr. Warren, seconded by Mr. King, the Board
simultaneously nominated/appointed Ms. Penny Gilliland, adult
member representing the Clover Hill District, to serve on the
Youth Services Citizen Board, whose term is effective
immediately and expires June 30, 2007.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.l.a. RECOGNIZIN~ OCTOBER 3-9, 2004, AS ~PARALEGALS WEEK"
IN CHESTERFIELD COUNTY
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the United States of America is a nation of
laws; and
WHEREAS, our legal system depends not only on attorneys
and judges, but also on legal assistants and paralegals who
provide skilled and essential professional services to
licensed attorneys and to local governments throughout the
Commonwealth of Virginia and the nation; and
WHEREAS, becoming a legal assistant or paralegal is a
commitment that requires dedication and specialized training;
and
WHEREAS, the Virginia Alliance of Paralegal Associations
(VAPA) issues educational standards and professional
guidelines for legal assistants; and
WHEREAS, research and administrative work are important
components of the work performed by legal assistants and
paralegals to assist attorneys; and
WHEREAS, VAPA proudly sponsors educational programs,
professional seminars and forums to hone the skills of legal
assistants and paralegals; and
WHEREAS, VAPA encourages adherence
professional standards that guide the
professionalism of its members; and
to rigorous
ethics and
WHEREAS, the Commonwealth of Virginia and the nation are
well-served by VAPA and its members; and
WHEREAS, this Board of Supervisors recognizes the value
of these professionals to the orderly and efficient operation
of Chesterfield County's government; and
WHEREAS, it is appropriate to share in Governor Mark
Warner's recognition of October 3-9, 2004, as "Paralegals'
Week."
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NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of legal assistants and paralegals in
Chesterfield County and throughout the Commonwealth of
Virginia and the nation, extends its appreciation to these
dedicated professionals during "Paralegals Week," and wishes
all who share in this proud professional field continued
success and much gratitude on this occasion.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.l.b. RECOGNIZING SEPTEMBER 27, 200~, AS "FAMILY DAY" IN
CHESTERFIELD COUNTY
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the observance of ~Family Day - A Day to Eat
Dinner with Your Children" provides a unique opportunity for
families in Chesterfield County to join one another at the
dinner table as a means of strengthening family
relationships; and
WHEREAS, parental influence is known to be one of the
most crucial factors in determining the likelihood of
substance abuse by teenagers; and
WHEREAS, surveys conducted by the National Center on
Addiction and Substance Abuse have consistently found that
children and teenagers who routinely eat dinner with their
families are far less likely to use cigarettes, alcohol and
illegal drugs; and
WHEREAS, meal times offer opportunities for families to
spend time together, providing a basic structure that
strengthens and encourages lasting relationships; and
WHEREAS, young people from families who almost never eat
dinner together compared to those that do are 72 percent more
likely to use cigarettes, alcohol and illegal drugs; and
WHEREAS, the correlation between family dinners and
reduced risk for teen substance abuse is well documented; and
WHEREAS, Chesterfield County Youth Planning and
Development and SAFE, Chesterfield's substance abuse
prevention coalition, are promoting the importance of family
dinners to parents in Chesterfield County, Virginia; and
WHEREAS, the Chesterfield County Board of Supervisors
recognizes that eating dinner as a family is an important
step toward raising drug-free children.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Monday, September 27,
2004, as "Family Day - A Day to Eat Dinner With Your
Children," to recognize the positive impact of strong family
interaction on the well being and future success of the young
people in Chesterfield County.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
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8.C.l.c. RECOgNiZING CHESTERFIELD FIRE AND EMERGENCY MEDICAL
SERVICES CUSTOMER ASSISTANCE AFTER RESPONSE TO
EMERGENCIES ~CARES" PROGRAM
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
~EREAS, the Chesterfield Fire and Emergency Medical
Services Customer Assistance After Response to Emergencies
(CARES) program is a vital public service designed so that
first responders may provide victims of emergency incidents
with the resources to get them through the first hours after
loss; and
WHEREAS, help is provided by supplying basic needs
during the first hours after an emergency by assisting the
family with food, lodging, groceries, clothing, furniture and
other personal needs at selected locations; and
WHEREAS, the CARES program has empowered members of
Chesterfield Fire and Emergency Medical Services to ~do the
right thing" by meeting the basic family needs for victims
following an emergency; and
WHEREAS, Chesterfield Fire and Emergency Medical
Services, along with Holiday Inn, Applebee's, Ukrops,
Walmart, New Life Outreach Thrift Store and the American Red
Cross, has partnered together to provide necessary services
to ensure families are safe and secure after an incident; and
WHEREAS, there is no charge for this service when
assisting Chesterfield County's citizens during turbulent
times that may occur during an emergency situation.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the
Chesterfield Fire and Emergency Medical Services Customer
Assistance After Response to Emergencies ~CARES" program and
expresses appreciation for the valuable services provided
through this community partnership.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.l.d. RECOGNIZING THE EXTRAORDINARY CONTRIBUTIONS OF MR.
OLIVER WHITE HILL, SR.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Mr. Oliver White Hill,
Richmond, Virginia on May 1, 1907; and
Sr. was born in
WHEREAS, his biological father, William Henry White, Jr.
had roots in Chester, Virginia; and
WHEREAS, Mr. Hill's grandfather, William Henry White,
Sr. is listed in the 1870 census as being a resident of
Chester, Virginia; and
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09/22/04
WHEREAS, while attending Howard University, Mr. Hill
inherited his uncle's law books and decided to become an
attorney and dedicate himself to ending the practice of
legalized segregation in the Commonwealth of Virginia and the
United States; and
WHEREAS, Mr. Hill graduated second in his class from
Howard Law School in 1933; and
WHEREAS, Mr. Hill litigated numerous civil rights cases,
defending the rights of African-Americans in cases involving
jury duty, desegregation of public transit systems, the
desegregation of public assembly and recreational areas and
other landmark cases; and
WHEREAS, Mr. Hill headed the National Association of
Colored People (NAACP) for 20 years, leading a team of 13
lawyers who filed more civil rights cases than were filed in
any other southern state; and
WHEREAS, Mr. Hill's most famous case, Davis v. Prince
Edward County Schools, became part of the landmark Brown v.
Board of Education decision; and
WHEREAS, Mr. Hill practiced law until reaching the age
of 91, having practiced for nearly 60 years; and
WHEREAS, Mr. Hill is a monumental historical figure in
the battle for civil rights.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the extraordinary
contributions of Mr. Oliver White Hill, Sr. to the
Commonwealth of Virginia and the United States of America,
thanks him for sharing his keen intellect, legal knowledge
and moral guidance, and expresses, on behalf of all
Chesterfield County residents, its appreciation for his
tireless efforts to ensure that all Americans receive the
same protections under the law, as spelled out in the
nation's creed of, ~All men are created equal," as expressed
in the Declaration of Independence; and that this Board of
Supervisors wishes Mr. Hill all the good fortune and
blessings he so richly deserves.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.l.e.
NAMING THE AIRPORT OBSERVATION DECK AFTER
LIEUTENANT COLONEL HOWARD L. BAUGH, UNITED STATES
AIR FORCE (RETIRED)
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Lieutenant Colonel Howard L. Baugh was born in
Petersburg, Virginia, graduated from Virginia State College
in 1941, and has returned to Chesterfield County in
retirement; and
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09/22/04
WHEREAS, Lieutenant Colonel Baugh entered the Army Air
Corps as an aviation cadet in March of 1942, and was assigned
in 1944 to the squadron now known as the Tuskegee Airmen in
Tuskegee, Alabama; and
WHEREAS, Lieutenant Colonel Baugh and the Tuskegee
Airmen broke the color barrier in the Army Air Corps and
established a record of success as a fighter squadron in
Europe which was second to none; and
WHEREAS, Lieutenant Colonel Baugh flew 135 fighter
combat missions in P-40's and P-51's, amassed almost 6,000
pilot hours in more than 15 different types of planes to
include more than 1,100 hours in four types of jet aircraft;
and
WHEREAS, Lieutenant Colonel Baugh never lost a bomber he
was assigned to escort over the battlefields of Europe; and
WHEREAS, Lieutenant Colonel Baugh has been awarded the
Distinguished Flying Cross, the Air Medal with three Oak Leaf
Clusters, the Air Force Commendation Medal, the Air Force
Outstanding Unit Award, and multiple theater and campaign
medals; and
WHEREAS, in June of 2004, the French Government
presented him with their highest and most prestigious
military award, the French Legion of Honor, for his service
in protecting Europe during World War II; and
WHEREAS, Lieutenant Colonel Baugh retired from active
military service in the United States Air Force on June 30,
1967 as a Lieutenant Colonel.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Lieutenant Colonel
Howard L. Baugh, (Retired), and expresses its sincere
gratitude and appreciation for his service to his country.
AND, BE IT FURTHER RESOLVED, that the observation deck
at Chesterfield County Airport be forever known as the
Lieutenant Colonel Howard L. Baugh Observation Deck.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Lieutenant Colonel Howard L. Baugh
and that this resolution be permanently recorded among the
papers of this Board of Supervisors of Chesterfield County,
Virginia.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.l.f. SUPPORTING THE EAST COAST GREENWAY
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, one of Chesterfield County's eight strategic
goals is ~To be responsible protectors of the environment";
and
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09/22/04
WHEREAS, the Committee on the Future has suggested that
~Green Infrastructure" be a focal point for Chesterfield
County's future planning efforts; and
WHEREAS, the East Coast Greenway is a 2,600 mile-long
multi-use trail serving walkers, bicyclists, equestrians, the
physically challenged and other non-motorized users; and
WHEREAS, this trail is considered to be the urban
equivalent of the Appalachian Trail, stretching from Maine to
Florida; and
WHEREAS, when completed, this pathway will link East
Coast cities, towns and villages and increase transportation
options while improving air quality, reducing roadway
congestion and encouraging ecotourism; and
WHEREAS, volunteers and local agencies in numerous
states are now working on the route, and more than 20 percent
of the East Coast Greenway is currently in use, while another
40 percent is in various stages of development; and
WHEREAS, part of this innovative project
through Chesterfield County; and
will run
WHEREAS, efforts are being made to complete the East
Coast Greenway in Virginia in time for the 400tn anniversary
of Jamestown; and
WHEREAS, Chesterfield County's own historic ties to the
17tn-century English settlers and to the Native Americans who
greeted them at the Citie of Henricus will attract many
visitors who will use the East Coast Greenway.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of September 2004,
expresses its support for the East Coast Greenway, commends
architects of this idea for their visionary approach to
linking American communities in this environmentally friendly
manner, and invites all those who travel the East Coast
Greenway to visit Chesterfield County, a FIRST CHOICE
community that has attracted visitors since 1611.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.l.g. REQUESTING CHANGES IN SECONDARY SYSTEM OF STATE
HIGHWAYS, GENITO ROAD AND WARBRO ROAD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Virginia Department of Transportation has
provided the Board of Supervisors with a sketch dated MARCH
18, 2004, depicting the abandonments and additions required
in the secondary system of state highways as a result of
Project 0604-020-158, C-504 which sketch is hereby
incorporated herein by reference; and
WHEREAS, new roads serve the same citizens as those
portions of old roads identified to be abandoned and those
segments no longer serve a public need; and
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09/22/04
WHEREAS, pursuant to Section 33.1-163, Code of Virginia,
1950, as amended, the abandonment shall be subject to the
rights of owners of any public utility installations which
have been previously erected therein.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors does hereby abandon as a part of the secondary
system of state highways those portions of roads identified
by the sketch to be abandoned, pursuant to Section 33.1-155,
Code of Virginia, 1950, as amended.
AND, BE IT FURTHER RESOLVED, the Board of Supervisors
requests the Virginia Department of Transportation to add to
the secondary system of state highways those portions of
roads identified by the sketch to be added, pursuant to
Section 33.1-229, Code of Virginia, 1950, as amended.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation; and,
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors does hereby request that the Commonwealth
Transportation Commissioner certify, in writing, that the
portions of roads hereby abandoned are no longer deemed
necessary for uses of the secondary system of state highways
pursuant to Section 33.1-154 of the Code of Virginia, 1950,
as amended.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.l.h. RECOGNIZING AIM-USA FOR A DONATION TOWARDS THE 2004
· 'CHESTERFIELD CELEBRATES" CAMPAIGN
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Parks and Recreation
Department provides wholesome, family activities for the
enjoyment of county residents; and
WHEREAS, the annual Fourth of July Celebration and
Parade of Lights are among the free events that offer
entertainment to citizens of all ages; and
WHEREAS, AIM-USA graciously provided a generous donation
to be used by the Parks and Recreation Department towards the
2004 ~Chesterfield Celebrates" campaign; and
WHEREAS, this donation aided in the enhancement of the
special events funded through this campaign; and
WHEREAS, AIM-USA has given back to the community through
sponsorship of these special county events; and
WHEREAS, through the cooperative efforts of Mr. Jim
Johnson and Mrs. Susan Johnson, the spirit of
community/private partnerships has provided the department
04-767
09/22/04
with increased awareness to explore similar opportunities for
other programs; and
WHEREAS, Chesterfield County greatly appreciates this
donation and is looking forward to continuing a strong
relationship with AIM-USA.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of September 2004,
publicly recognizes AIM-USA for its generous contribution
toward the 2004 ~Chesterfield Celebrates" campaign.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to AIM-USA and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8 .C.2.
ACCEPTANCE OF A DEPARTMENT OF CRIMINAL JUSTICE
SERVICES GRANT ANDAPPROPRiATION OF FUNDS FOR THE
CREATION OF A LOCAL PROBATION/CASE MANAGER POSITION
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted and appropriated a Department of Criminal Justice
Services (DCJS) Probation Funding Grant, in the amount of
$31,875, and created a new probation officer/case manager
position. (It is noted the local match of $3,217 has been
identified as the intervention fees collected from additional
offenders supervised as a result of the grant.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.3. STATE ROAD ACCEPTANCE
On motion of Mrs. Humphrey, seconded by Mr. King, 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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09/22/04
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Chanqe to the Secondary System of State Hi.qhways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Stony Glen South Sec 3
® Claybon Lane, State Route Number: 5669
From: 0.04 Mi. E of Woodleigh Dr., (Rt. 5668)
To: Claybon Tr., (Rt. 5769), a distance of: 0.03 miles.
Right-of-way record was filed on 4/18/2003 with the Office Of Clerk To Circuit Court in Pb. 133 Pg.46, with
a width of 50 Ft.
· Claybon Lane, State Route Number: 5669
From: Claybon Tr., (Rt.5769)
To: Cul-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 4/18/2003 with the Office Of Clerk To Circuit Court in Pb. 133 Pg.46, with
a width of 50 Ft.
· Claybon Terrace, State Route Number: 5769
From: Ciaybon Ln., (Rt. 5669)
To: Cul-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 4/18/2003 with the Office Of Clerk To Circuit Court in Pb. 133 Pg.46, with
a width of 50 Ft.
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.
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09/22/04
Type Chan~le to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Allerdice @ The Highlands
· Allerdice Terrace, State Route Number: 5762
From: Eastfair Dr., (Rt. 5186)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 3/31/2003 with the Office Of Clerk To Circuit Court in Pb. 133 Pg. 1, with
a width of 50 Ft.
· Eastfair Drive, State Route Number: 5186
From: 0.05 ML S of Lyndenwood Dr., (Rt. 5684)
To: Macandrew Dr., (Rt. 5760), a distance of: 0.30 miles.
Right-of-way record was filed on 3/31/2003 with the Office Of Clerk To Circuit Court in Pb. 133 Pg. 1, with
a width of 50-90 Ft.
· Eastfalr Drive, State Route Number: 5186
From: Macandrew Dr., (Rt. 5760)
To: Allerdice Tr., (Rt. 5762), a distance of: 0.28 miles.
Right-of-way record was filed on 3/31/2003 with the Office Of Clerk To Circuit Court in Pb. 133 Pg. 1, with
a width of 50-90 Ft.
· Glamis Court, State Route Number: 5763
From: Macandrew Ln., (Rt. 5685)
To: Cul-de-sac, a distance of: 0.14 miles.
Right-of-way record was filed on 3/31/2003 with the Office Of Clerk To Circuit Court in Pb. 133 Pg. 1, with
a width of 50 Ft.
· Macandrew Drive, State Route Number: 5760
From: Eastfair Dr., (Rt. 5186)
To: Macandrew Tr., (Rt. 5761), a distance of: 0.09 miles.
Right-of-way record was filed on 3/31/2003 with the Office Of Clerk To Circuit Court in Pb. 133 Pg. 1, with
a width of 50 Ft.
· Macandrew Lane, State Route Number: 5685
From: Macandrew Tr., (Rt. 5761)
To: End of maintenance, a distance of: 0.06 miles.
Right-of-way record was filed on 3/31/2003 with the Office Of Clerk To Circuit Court in Pb. 133 Pg. 1, with
a width of 50 Ft.
· Macandrew Lane, State Route Number: 5685
From: Macandrew Tr., (Rt. 5761)
To: Glamis Ct., (Rt. 5763), a distance of: 0.10 miles.
Right-of-way record was filed on 3/31/2003 with the Office Of Clerk To Circuit Court in Pb. 133 Pg. 1, with
a width of 50 Ft.
· Macandrew Lane, State Route Number: 5685
From: Glamis Ct., (Rt. 5763)
To: Cul-de-sac, a distance of.' 0.05 miles.
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09/22/04
Right-of-way record was filed on 3/31/2003 with the Office Of Clerk To Circuit Court in Pb. 133 Pg. 1, with
a width of 50 Ft.
Mecandrew Terrace, State Route Number: 5761
From:
Macandrew Dr., (Rt. 5760)
To:
Cul-de-sac, a distance of: 0.17 miles.
Right-of-way record was filed on 3/31/2003 with the Office Of Clerk To Circuit Court in Pb. 133 Pg. 1, with
a width of 50 Ft.
Macandrew Terrace, State Route Number: 5761
From:
Macandrew Dr., (Rt. 5760)
To:
Macandrew Ln., (Rt. 5685), a distance of: 0.05 miles.
Right-of-way record was filed on 3/31/2003 with the Office Of Clerk To Circuit Court in Pb. 133 Pg. 1, with
a width of 50 Ft.
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.
Type Change to the Secondary System of State Hlqhways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Black Isle @ The Highlands
· Black Isle Court, State Route Number: 5768
From: Black Isle Way., (Rt. 5767)
To: Cul-de-sac, a distance of.' 0.09 miles.
Right-of-way record was filed on 8/15/2002 with the Office Of Clerk To Circuit Court in Pb. 128 Pg. 58,
with a width of 50 Ft.
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09/22/0~
·
From:
To:
Black Isle Way, State Route Number: 5767
Eastfair Dr., (Rt. 5186)
Black Isle Ct., (Rt. 5768), a distance of: 0.13 miles.
Right-of-way record was filed on 8/15/2002 with the Office Of Clerk To Circuit Court in Pb. 128 Pg. 58,
with a width of 50 Ft.
· Black Isle Way, State Route Number: 5767
From: Black Isle Ct., (Rt. 5768)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 8/15/2002 with the Office Of Clerk To Circuit Court in Pb. 128 Pg. 58,
with a width of 50 Ft.
· Braidstone Lane, State Route Number: 5765
From: Eastfair Dr., (Rt. 5186)
To: Braidstone Tr., (Rt. 5766), a distance of: 0.05 miles.
Right-of-way record was filed on 8/15/2002 with the Office of Clerk To Circuit Court in Pb. 128 Pg. 58,
with a width of 50 Ft.
· Braldstone Lane, State Route Number: 5765
From: Braidstone Tr., (Rt. 5766)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 8/15/2002 with the Office of Clerk To Circuit Court in Pb. 128 Pg. 58,
with a width of 50 Ft.
· Braidstone Terrace, State Route Number: 5766
From: Braidstone Ln., (Rt. 5765)
To: Cul-de-sac, a distance of: 0.19 miles.
Right-of-way record was filed on 8/15/2002 with the Office of Clerk To Circuit Court in Pb. 128 Pg. 58,
with a width of 50 Ft.
· Lyndenwood Court, State Route Number: 5764
From: Eastfair Dr., (Rt. 5186)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 8/15/2002 with the Office Of Clerk To Circuit Court in Pb. 128 Pg. 58,
with a width of 50 Ft.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.4. REFER TO PLANNING COMMISSION FOR CONSIDERATION OF
PROPOSED CHANGES TO THE SUBDIVISION ORDINANCE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
referred to the Planning Commission a proposed amendment to
Sections 17-73 and 17-76 of the Subdivision Ordinance to
require a three-layer pavement design in lieu of the current
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09/22/04
design; to change the 50 percent requirement for paving to 60
percent; and to change the 80 percent requirement for state
road acceptance to 90 percent.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.5.
AWARD OF CONSTRUCTION CONTRACT TO PERKINSON
CONSTRUCTION, L.L.C. FOR THE PECK AND EPIC ROAD WATER
LINE REHABILITATION PROJECT
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
awarded a construction contract in the amount of $110,365.02
to Perkinson Construction, L.L.C. for county project number
03-0030, Peck Road and Epic Road Water Line Rehabilitation,
and authorized the County Administrator to execute the
necessary documents.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.6. REQUESTS FOR PERMISSION
8.C.6.a. FROM BEERS AND WHITE, INCORPORATED FOR A PROPOSED
GRAVEL DRIVEWAY TO ENCROACH WITHIN A SIXTEEN-FOOT
DRAINAGE EASEMENT ACROSS LOT 1, SECOND BRANCH,
SECTION 2, RESUBDIVISION OF LOTS 10 AND 11
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Beers and White, Incorporated for
permission for a proposed gravel driveway to encroach within
a 16-foot drainage easement across Lot 1, Second Branch,
Section 2, Resubdivision of Lots 10 and 11, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.6.b. FROM AMBERLEIGH, LLC TO INSTALL PRIVATE SEWER AND
WATER SERVICES WITHIN PRIVATE EASEMENTS TO SERVE
TOWNHOUSES IN AMBERLEIGH, SECTION 2
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Amberleigh, LLC for permission to
install private sewer and water services within private
easements to serve townhouses in Amberleigh, Section 2, and
authorized the County Administrator to execute the sewer and
water connection agreement. (It is noted a copy of the
vicinity sketch is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
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09/22/04
8.C.6.c. FROM THE TRUSTEES OF THE CLOVERHILL CONGREGATION OF
JEHOVAH'S WITNESSES FOR A PROPOSED SEWER LINE TO
ENCROACH WITHIN AN OPEN SPACE EASEMENT ACROSS
PROPERTY ON COURTHOUSE ROAD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from the Trustees of the Cloverhill
Congregation of Jehovah's Witnesses for permission for a
proposed sewer line to encroach within an open space easement
across property at 5600 Courthouse Road, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.6.d. FROM MACK D. AND PENNY M. GILLILAND TO INSTALL A
PRIVATE SEWER SERVICE TO SERVE PROPERTY ON HULL
STREET ROAD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Mack D. Gilliland and Penny M.
Gilliland for permission to install a private sewer service
to serve property at 11530 Hull Street Road, and authorized
the County Administrator to execute the sewer connection
agreement. (It is noted a copy of the vicinity sketch is
filed with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.6.e. FROM LOUETTA R. HAMILTON FOR A GRAVEL DRIVEWAY TO
ENCROACH WITHIN A FIFTY-FOOT UNIMPROVED RIGHT OF
WAY KNOWN AS SUNSET BOULEVARD
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Louetta R. Hamilton for permission
for a gravel driveway to encroach within a 50-foot unimproved
right of way known as Sunset Boulevard, subject to the
execution of a license agreement. (It is noted a copy of the
vicinity sketch is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.6.f. FROM WINIFRED G. RO~ERS, TRUSTEE FOR AN EXISTING
ASPHALT DRIVEWAY TO ENCROACH WITHIN A FIFTY-FOOT
UNIMPROVED RIGHT OF WAY KNOWN AS APPLEWOOD LANE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Winifred G. Rogers, Trustee, for
permission for an existing asphalt driveway to encroach
within a 50-foot unimproved right of way known as Applewood
Lane, subject to the execution of a license agreement. (It
is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04-774
09/22/04
8.C.6.g.
FROM BOBBIE TURNER TAYLOR TO INSTALL A PRIVATE
SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON WEST STREET
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Bobbie Turner Taylor for permission
to install a sewer service within a private easement to serve
property at 3810 West Street, and authorized the County
Administrator to execute the sewer connection agreement. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.7. REQUEST TO QUITCLAIM PORTIONS OF A VARIABLE WIDTH
WATER EASEMENT AND SIXTEEN-FOOT AND VARIABLE WIDTH
SEWER EASEMENTS ACROSS THE PROPERTY OF CHESTER
VILLAGE APARTMENTS, L.P.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate
portions of a variable width water easement and 16-foot and
variable width sewer easements across the property of Chester
Village Apartments, L.P. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.8. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY FOR UNDERGROUND CABLE TO SERVE THE NEW
ADDITION TO CHESTERFIELD TECHNICAL CENTER
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company for underground cable to
serve the new addition to Chesterfield Technical Center. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.9. ACCEPTANCE OF PARCELS OF LAND
8.C.9.&. ALONG THE WEST RIGHT OF WAY LINE OF JEFFERSON DAVIS
HIGHWAY FROM ROUNTREE PONTIAC-GMC TRUCK,
INCORPORATED
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of a parcel of land containing 0.71
acres along the west right of way line of Jefferson Davis
04-775
09/22/04
Highway (US Route 1 and 301) from Rountree Pontiac-GMC Truck,
Incorporated, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.9.b. ALONG SECOND BRANCH ROAD FROM SECOND BRANCH BAPTIST
CHURCH
Mrs. Humphrey stated she is a member of Second Branch Baptist
Church and has no financial interest in the parcels of land
being conveyed. She further stated there is no legal
conflict to preclude her from voting on this matter.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the conveyance of three parcels of land containing a
total of 0.467 acres along Second Branch Road from Second
Branch Baptist Church, and authorized the County
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.10.
APPROVAL OF LEASE OF PARKING LOT FROM TRUSTEES
OF PRESBYTERY OF THE JAMES, INC.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved the leasing of a parking lot from Trustees of
Presbytery of the James, Inc. and authorized the County
Administrator to execute the lease agreement. (It is noted a
copy of the vicinity sketch is filed with the papers of this
Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.11.
DESIGNATION OF RIGHT OF WAY AND TURNAROUND
EASEMENT AT ROBIOUS LANDING PARK
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
designated right of way and turnaround easement for a public
access road from James River Road into Robious Landing Park
and authorized the County Administrator to execute the
declaration. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.12. APPROVAL OF UTILITY CONTRACT FOR FIVE FORKS VILLAGE
SOUTH, SECTION 4
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved the following utility contract for Five Forks
Village South, Section 4, Contract Number 03-0253, which
04-776
09/22/04
includes the extension of 2,305 L.F. + of 16-inch oversized
water lines:
Developer: Cascade Creek Homes, Inc.
Contractor: R.J. Smith Construction, Inc.
Contract Amount:
Estimated County Cost for Oversizing ..... $39,931.00
Estimated Developer Cost ........... $447,208.77
Estimated Total ............... $487,139.77
Code: Refunds thru Connections - Oversizing 5B-572VO-E4C
District: Dale
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.13. REQUESTS FOR MUSiC/ENTERTAINMENT FESTIVAL PERMIT
8.C.13.&. FOR CHESTERFIELD BERRY FARM EVENT BETWEEN OCTOBER
2 THROUGH OCTOBER 30, 2004
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from Chesterfield Berry Farm for a
music/entertainment festival permit between October 2 through
October 30, 2004.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.13.b. FOR THE CHESTERFIELD COUNTY AIRPORT FESTIVAL AND
AIRSHOW ON OCTOBER 23 AND 24, 2004
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved a request from the Chesterfield County Airport for
an entertainment festival permit for the Chesterfield County
Airport Festival and Airshow on October 23 and 24, 2004.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.14. SET PUBLIC HEARING DATES
8.C.14.a. TO CONSIDER FY2006 ENHANCEMENT PROJECTS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
set the date of October 13, 2004 at 7:00 p.m. for a public
hearing for the Board to consider FY2006 Enhancement
Projects.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04-777
09/22/04
8.C.14.b. TO CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING
MINORS SIXTEEN (16) YEARS AND OLDER TO VOLUNTEER
TO SERVE IN VOLUNTEER FIRE DEPARTMENTS IN THE
COUNTY
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
set the date of October 13, 2004 at 7:00 p.m. for a public
hearing for the Board to consider an ordinance authorizing
minors sixteen years and older to volunteer to serve in
volunteer fire departments in the county.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.14.c.
TO CONSIDER AMENDMENTS TO COUNTY CODE SECTION
9-132 REGARDING THE EXPENDITURE OF COURTHOUSE
SECURITY FUNDS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
set the date of October 13, 2004 at 7:00 p.m. for a public
hearing for the Board to consider amending Section 9-132 of
the County Code regarding the expenditure of funds for
courthouse security.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8
TO CONSIDER AMENDMENTS TO THE COUNTY'S
INOPERABLE MOTOR VEHICLE ORDINANCE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
set the date of October 13, 2004 at 7:00 p.m. for the Board
to consider amending the county's inoperable motor vehicle
ordinance.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.14.e. TO CONSIDER COMCAST'S PROPOSED RATE INCREASE FOR
LIMITED BASIC CABLE SERVICE AND INSTALLATION AND
EQUIPMENT RATES
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
set the date of October 13, 2004 at 7:00 p.m. for the Board
to consider Comcast's proposed rate increase for limited
basic cable service and installation and equipment rates.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.14.f.
TO CONSIDER THE APPROPRIATION OF FEDERAL
DEPARTMENT OF HOMELAND SECURITY URBAN AREA
SECURITY INITIATIVE FUNDS
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
set the date of October 13, 2004 at 7:00 p.m. for the Board
04-778
09/22/04
to consider the appropriation of Federal Department
Homeland Security Urban Area Security Initiative funds.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
of
8.C.15.
DESIGNATION OF THE APPLICANT'S PRIMARY AND
SECONDARY AGENTS FOR PUBLIC ASSISTANCE
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
designated Mr. Lane Ramsey, County Administrator, as the
applicant's primary agent, and Mr. Richard Cordle, County
Treasurer, as the applicant's secondary agent for public
assistance for Chesterfield County related to Tropical Storm
Gaston and adopted the following resolution:
BE IT RESOLVED by the Board of Supervisors of
Chesterfield County Virginia that Lane B. Ramsey, County
Administrator, or Richard A. Cordle, County Treasurer, or
Janet L. Clements, Governor's Authorized Representative are
hereby authorized to execute for an in behalf of Chesterfield
County, Virginia, a public entity established under the laws
of the State of Virginia, this application; and to file it in
the appropriate State office for the purpose of obtaining
certain Federal financial assistance under the Disaster
Relief Act (Public Law 288, 93rd Congress) or otherwise
available from the President's Disaster Relief Fund.
THAT Chesterfield County, a public entity established
under the laws of the State of Virginia, hereby authorizes
its agents to provide to the State and to the Federal
Emergency Management Agency (FEMA) for all matters pertaining
to such Federal disaster assistance the assurances and
agreements printed on the reverse side hereof (and filed with
the papers of this Board).
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
8.C.16. STREET NAME APPROVAL
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved naming a recently dedicated right-of-way, ~Nena
Grove Lane."
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
9. W~RINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
04-779
09/22/04
10. REPORTS
10.A. REPORT ON THE DEVELOPER WATER AND SEWER CONTRACTS
10.B. REPORT ON THE STATUS OF GENERAL FUND BALANCE, RESERVE
FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT
10 .C.
FUNDS AND LEASE PURCHASES
REPORT OF ROADS ACCEPTED INTO THE STATE SECONDARY
SYSTEM
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; and a Report on the Status of General
Fund Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
And, further, the following roads were accepted into the
State Secondary System:
ADDITION LENGTH
BAYHILL POINTE, SECTION 14
(Effective 7/23/2004)
Hollow Oak Court (Route 5719) - From Hollow
Oak Road (Route 5720) to cul-de-sac
0.09 Mi.
Hollow Oak Drive (Route 5597) - From 0.05
mile south of Sugar Hill Drive (Route 5593)
to Hollow Oak Drive (Route 5720)
0.17 Mi.
Hollow Oak Road (Route 5720) - From Hollow
Oak Drive (Route 5597) to 0.04 mile south
of Hollow Oak Drive (Route 5597)
0.04 Mi.
Hollow Oak Road (Route 5720) - From Hollow
Oak Terrace (Route 5718) and Hollow Oak
Court (Route 5719) to Hollow Oak Drive
(Route 5597)
0.23 Mi.
Hollow Oak Road (Route 5720) - From Battlecreek
Drive (Route 5013) to Hollow Oak Terrace (Route
5718) and Hollow Oak Court (Route 5719)
0.04 Mi.
Hollow Oak Terrace (Route 5718) - From Hollow
Oak Road (Route 5720) to cul-de-sac
0.07 Mi.
EDGEWATER, SECTION 1
(Effective 7/16/2004)
Shorewood Court (Route 5714) - From North
Woolridge Road (Route 668) to Shorewood Place
(Route 5715)
0.03 Mi.
Shorewood Court (Route 5714) - From Shorewood
Place (Route 5715) to cul-de-sac
0.09 Mi.
Shorewood Place (Route 5717) - From Shorewood
Court (Route 5714) to cul-de-sac
0.10 Mi.
04-780
09/22/04
GOVERNMENT CENTER PARKWAY AND MIMMS DRIVE
(Effective 7/23/2004)
Government Center Parkway (Route 4796) - From
0.15 mile south of Lucy Corr Boulevard (Route
4794) to Mimms Drive (Route 935)
Government Center Parkway (Route 4796) - From
0.08 mile south of Lucy Corr Boulevard (Route
4794) to 0.15 mile south of Lucy Corr Boulevard
(Route 4794)
Government Center Parkway (Route 4796) - From
Lucy Corr Boulevard (Route 4794) to 0.08 mile
south of Lucy Corr Boulevard (Route 4794)
Mimms Drive (Route 935) - From 0.25 mile east of
Lori Road (Route 935) to Krause Road (Route 903)
Mimms Drive (Route 935) - From 0.13 mile east of
Lori Road (Route 935) to Government Center
Parkway (Route 4796) Roundabout
Mimms Drive (Route 935) - From 0.20 mile east of
Lori Road (Route 935) to 0.25 mile east of Lori
Road (Route 935)
Mimms Drive (Roundabout) (Route 935) - From 0.16
mile east of Lori Road (Route 935) to 0.16 mile
east of Lori Road (Route 935)
LENOX FOREST, SECTION 1
(Effective 7/23/2004)
Forest Creek Drive (Route 5736) - From Lenox
Forest Drive (Route 5733) to 0.04 mile south of
Lenox Forest Drive (Route 5733)
Forest Creek Drive (Route 5736) - From Lenox
Forest Drive (Route 5733) to cul-de-sac
Lenox Forest Court (Route 5735) - From Lenox
Forest Drive (Route 5733) to cul-de-sac
Lenox Forest Drive (Route 5733) - From Lenox
Forest Court (Route 5735) to Forest Creek Drive
(Route 5736)
Lenox Forest Drive (Route 5733) - From Planters
Walk Drive (Route 5734) to Lenox Forest Court
(Route 5735)
Lenox Forest Drive (Route 5733) - From Robious
Road (Route 711) to Planters Walk Drive (Route
5734)
Planters Walk Drive (Route 5734) - From Lenox
Forest Drive (Route 5733) to 0.08 mile south of
Lenox Forest Drive (Route 5.733)
0~-781
0.22 Mi.
0.07 Mi.
0.08 Mi.
0.05 Mi.
0.03 Mi.
0.05 Mi.
0.08 Mi.
0.04 Mi.
0.06 Mi.
0.14 Mi.
0.08 Mi.
0.11 Mi.
0.16 Mi.
0.08 Mi.
09/22/04
MONTCLAIR, PHASE 2 (REMAINDER OF PHASE 1)
(Effective 7/23/2004)
Montshire Lane (Route 5706) - From Greyshire
Drive (Route 5571) to Montshire Place (Route
5707) and Montshire Terrace (Route 5708)
Montshire Place (Route 5707) - From Montshire
Lane (Route 5706) to cul-de-sac
Montshire Terrace (Route 5708) - From Montshire
Lane (Route 5706) to cul-de-sac
POLO PLACE AT BELGRADE PLANTATION
(Effective 7/23/2004)
Polo Place (Route 5751) - From Polo Parkway
(Route 5400) to cul-de-sac
WOODLAND POND, SECTION 13
(Effective 7/30/2004)
Taylor Landing Place (Route 5728) - From Taylor
Landing Way (Route 5727) to cul-de-sac
Taylor Landing Way (Route 5727) - From Woodland
Pond Parkway (Route 3670) to Taylor Landing
Place (Route 5728)
Taylor Landing Way (Route 5727) - From Taylor
Landing Place (Route 5728) to cul-de-sac
WOODLAND POND, SECTION 14
(Effective 7/30/2004)
Banff Court (Route 5731) - From Park Branch
Lane (Route 5729) to cul-de-sac
Banff Terrace (Route 5732) - From Park Branch
Lane (Route 5729) to cul-de-sac
Park Branch Court (Route 5730) - From Park
Branch Lane (Route 5729) to cul-de-sac
Park Branch Lane (Route 5729) - From
Intersection Banff Terrace (Route 5732) and
Banff Court (Route 5731) to Park Branch Court
(Route 5730)
Park Branch Lane (Route 5729) - From Park
Branch Court (Route 5730) to cul-de-sac
Park Branch Lane (Route 5729) - From
Woodland Pond Parkway (Route 3670) to
Intersection Banff Terrace (Route 5732) and
Banff Court (Route 5731)
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
04-782
0.26 Mi.
0.04 Mi.
0.10 Mi.
0.07 Mi.
0.06 Mi.
0.07 Mi.
0.20 Mi.
0.11 Mi.
0.13 Mi.
0.09 Mi.
0.28 Mi.
0.07 Mi.
0.16 Mi.
09/22/04
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(3), CODE
OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE
ACQUISITION OF REAL ESTATE FOR A PUBLIC PURPOSE WHERE
DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE
BARGAINING POSITION OR NEGOTIATING STRATEGY OF THE
PUBLIC BODY
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
went into Closed Session pursuant to Section 2.2-3711(A) (3),
Code of Virginia, 1950, as amended, to discuss the
acquisition of real estate for a public purpose where
discussion in an open meeting would adversely affect the
bargaining position or negotiating strategy of the public
body.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
Mr. Barber returned to the meeting and entered the Closed
Session.
Reconvening:
On motion of Mr. Barber, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Session to which
this certification applies, and
ii) only such public business matters as were identified
in the Motion by which the Closed Session was convened were
heard, discussed, or considered by the Board. No member
dissents from this certification.
The Board being polled, the vote was as follows:
Mr. Warren: Aye.
Mr. King: Aye.
Mrs. Humphrey: Aye.
Mr. Barber: Aye.
Mr. Miller: Aye.
04-783
09/22/04
12. DINNER
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes:
Nays:
Miller, Barber, Humphrey, King and Warren.
None.
Reconvening:
13. INVOCATION
Dr. Doug Echols,
invocation.
Pastor of Enon Baptist Church gave the
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Kyle Patton led the Pledge of Allegiance to the
flag of the United States of America.
15. RESOLUTIONS AND SPECIAL RECOGNITIONS
0 RECOGNIZING BOY SCOUT KYLE PATTON UPON ATTAINING THE RANK
OF EAGLE SCOUT
Mr. Hammer introduced Mr. Kyle Patton who was present 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. Kyle Wesley Patton, 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, Kyle has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
04-784
09/22/04
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 22nd day of September 2004,
publicly recognizes Mr. Kyle Wesley Patton, 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: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Patton, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. P.atton expressed appreciation to members of his troop,
his parents, God and his church for their support.
16. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER:
- WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOMMENDATION AND/OR THERE iS PUBLIC OPPOSITION WILL BE
HEARD AT SECTION 18
05SN0125
In Midlothian Magisterial District, CHARLES BURFORD requests
a Manufactured Home Permit to park a manufactured home in a
Residential (R-7) District and amendment of zoning district
map. The density of this proposal is approximately two (2)
units per acre. The Comprehensive Plan suggests the property
is appropriate for residential use of 1.01 to 2.5 units per
acre. This property is known as 13939 Westfield Road. Tax
ID 726-709-8466 (Sheet 5).
Mr. Turner presented a summary of Case 05SN0125 and stated
staff recommends approval of the request for seven years
subject to conditions.
The applicant was not present.
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mr. Barber stated the applicant Mr. Burford is not present
because his wife passed away over the weekend.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved Case 05SN0125 subject to the following conditions:
The applicant shall be the owner and occupant of the
manufactured home.
o
Manufactured home permit shall be granted for a period
not to exceed seven (7) years from date of approval.
04-785
09/22/04
o
No lot or parcel may be rented or leased for use as a
manufactured home site nor shall any manufactured home
be used for rental property.
o
No additional permanent-type living space may be added
onto a manufactured home. All manufactured homes shall
be skirted but shall not be placed on a permanent
foundation.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0232
In Matoaca Magisterial District, DOUGLAS SOWERS requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) with Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. Residential use of up to 3.63 units per acre
is permitted in a Residential (R-12) District. The
Comprehensive Plan suggests the property is appropriate for
single family residential use of 2.0 units per acre or less.
This request lies on 242.3 acres fronting approximately 4,000
feet on the west line of 0tterdale Road, approximately 1,500
feet south of 01d Hundred Road. Tax ID 714-694-7687 (Sheet
9).
Mr. Turner stated the applicant has requested that the case
be remanded to the Planning Commission.
Mr. Harley Joseph, representing the applicant, requested that
the case be remanded to the Planning Commission.
Mr. Miller called for public comment.
No one came forward to speak to the remand request.
Mrs. Humphrey noted this case was filed after the Board's
action to defer all new zoning applications that include
residential uses filed after February 11, 2004 in the Upper
Swift Creek Plan for one year.
Mrs. Humphrey then made a motion, seconded by Mr. King, for
the Board to remand Case 04SN0232 to the Planning Commission
with priority to return to the Board of Supervisors in
February 2005.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0226
In Dale Magisterial District, WINDSOR PROPERTIES requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for community mixed use. This request lies on
7.6 acres at the western terminus of Mistyhill Road. Tax ID
775-679-Part of 6282 (Sheet 17).
04-786
09/22/04
Mr. Turner stated the applicant has requested a deferral
until October 27, 2004.
Mr. Andy Scherzer, representing the applicant, requested a
deferral until October 27, 2004. He further stated, if Mr.
Miller thinks more time is necessary to address wetlands
issues on the subject property, the applicant is willing to
defer the request for a longer period of time.
Mr. Miller requested that the case be deferred for 60 days.
Mr. Scherzer amended his request to defer the case until
November 23, 2004.
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
On motion of Mr. Miller, seconded by Mr. King,
deferred Case 04SN0226 until November 23, 2004.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
the Board
04SN0273
In Dale Magisterial District, KAHN PROPERTIES SOUTH LLC
requests amendment to Conditional Use Planned Development
(Case 97SN0165) and amendment of zoning district map relative
to access. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
mixed use corridor use. This request lies in a Neighborhood
Business (C-2) District on 3.0 acres fronting approximately
385 feet on the east line of Iron Bridge Road, also fronting
approximately 135 feet on the north line of Centralia Road
and located in the northeast quadrant of the intersection of
these roads. Tax IDs 772-661-8240 and 773-661-0235 (Sheet
25).
Mr. Turner stated the applicant has requested a deferral
until December 15, 2004.
Ms. Gloria Frye, representing the applicant,
deferral until December 15, 2004.
requested a
Mr. Miller called for public comment.
No one came forward to speak to the deferral.
On motion of Mr. Miller, seconded by Mr. King, the Board
deferred Case 04SN0273 until December 15, 2004.
.Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0298
In Dale Magisterial District, OMI~IPOINT COMMUNICATIONS
requests Conditional Use and amendment of zoning district map
to permit a communications tower in a Residential (R-7)
04-787
09/22/04
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
residential use of 2.51 to 4.0 units per acre. This request
lies on 0.2 acre and is known as 4901 Cogbill Road. Tax ID
778-683-Part of 5373 (Sheet 12).
Mr. Turner presented a summary of Case 04SN0298 and stated
the Planning Commission and staff recommended approval
subject to conditions and acceptance of the proffered
conditions.
Mr. Richard Enoch, representing the applicant,
recommendation is acceptable.
stated the
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mr. King, the Board
approved Case 04SN0298 subject to the following conditions:
Any communications tower shall be co-located on a
lighting structure for the athletic field. (P)
The developer shall be responsible for correcting any
frequency problems which affect the Chesterfield County
Communications System caused by this use. Such
corrections shall be made immediately upon notification
by the Chesterfield County Communications and
Electronics staff. (GS)
The color and lighting system for the tower shall be as
follows:
so
The tower shall be gray or another neutral color,
acceptable to the Planning Department.
b. The tower shall not be lighted. (P)
Any building or mechanical equipment shall comply with
Section 19-603 of the Zoning Ordinance relative to
architectural treatment of building exteriors and
screening of mechanical equipment. (P)
(NOTE: Section 19-603 would require the screening of
mechanical equipment located on the building or ground
from adjacent properties and public rights of way.
Screening would not be required for the tower or tower-
mounted equipment.)
5. The tower shall not exceed a height of 125 feet. (P)
At such time that the tower ceases to be used for
communications purposes for a period exceeding twelve
(12) consecutive months, the owner/developer shall
dismantle and remove the tower and all associated
equipment from the property. (P)
And, further, the Board accepted the following proffered
conditions:
04-788
09/22/04
The light switch
relocated to a
officials. (P)
for the athletic
position approved
field shall be
by the school
While the communications tower is under construction,
all athletic field lights shall remain operational
between the hours of 6:00 PM and 6:00 AM, except for
those dates which may be approved by the Athletic
Director. (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0255 (Amended)
In Dale Magisterial District, R. C. WHEELER CONSTRUCTION CO.
requests rezoning and amendment of zoning district map from
Agricultural {A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for residential use of 2.51 - 4.0 units per
acre. This request lies on 1.2 acres fronting approximately
300 feet on the north line of Cascade Street north of Upp
Street. Tax ID 777-688-9030 (Sheets 11 and 12).
Mr. Turner presented a summary of Case 04SN0255 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Richard Minter, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mr. Barber, the Board
approved Case 04SN0255 and accepted the following proffered
conditions:
1. Public water and wastewater systems shall be used. (U)
The applicant, subdivider or assignee(s) shall pay the
following for dwelling units developed to the County of
Chesterfield prior to the issuance of building permit
infrastructure improvements within the service district
for the property:
so
$9,000 per dwelling unit, if paid prior to July 1,
2004; or
The amount approved by the Board of Supervisors not
to exceed $9,000 per dwelling unit adjusted upward
by any increase in the Marshall and Swift Building
Cost Index between July 1, 2003, and July 1 of the
fiscal year in which the payment is made if paid
after June 30, 2004.
C o
In the event the cash payment is not used for the
purpose for which proffered within fifteen (15)
years of receipt, the cash shall be returned in
full to the payer. {B&M)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-789
09/22/04
04SN0301
In Dale Magisterial District, ROCKWOOD GOLF PARK requests
amendment to Conditional Use Planned Development (Case
89SN0118) and amendment of zoning district map to permit
additional outdoor recreational uses (paint ball activities).
The density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for general commercial
use. This request lies in Agricultural (A) and Community
Business (C-3) Districts on 0.2 acre and is known as 10211
Hull Street Road. Tax ID 748-684-Part of 6098 (Sheet 10).
Mr. Turner presented a summary of Case 04SN0301 and stated
the Planning Commission and staff recommended approval
subject to one condition.
Mr. Tom Mathews, representing the applicant,
recommendation is acceptable.
stated the
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mr. Miller made a motion, seconded by Mrs. Humphrey, for the
Board to approve Case 04SN0301 subject to conditions.
When asked, Mr. Mathews stated the paintball activities will
be located at the rear of the property.
Mr. Miller called for a vote on his motion, seconded by Mrs.
Humphrey, for the Board to approve Case 04SN0301 subject to
the following condition:
In addition to those uses permitted by Case 89SN0118, paint
ball facilities shall also be permitted within the limits of
the subject property only. (P)
(Note: This condition modifies Condition 3 of Case 89SN0118
for the subject property only. Except as amended by this
request, all previous conditions for Cases 89SN0118 and
01SN0188 shall remain in effect.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0309
In Clover Hill Magisterial District, YORKSHIRE LLC requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for medium density residential use of 1.51 to
4.0 units per acre. This request lies on 1.3 acres and is
known as 8321 Elkhardt Road. Tax ID 758-700-3539 {Sheet 7).
Mr. Turner presented a summary of Case 04SN0309 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
04-790
09/22/04
Mr. Andy Scherzer, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. King, the Board
approved Case 04SN0309 and accepted the following proffered
conditions:
1. Public wastewater shall be used. (U)
o
The applicant, subdivider, or assignee(s) shall pay the
following, for infrastructure improvements within the
service district for the property, to the county of
Chesterfield prior to the issuance of building permit:
$11,500.00 per dwelling unit, if paid prior to July
1, 2005; or
The amount approved by the Board of Supervisors not
to exceed $11,500.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
building cost index between July 1, 2004, and July
1 of the fiscal year in which the payment is made
if paid after June 30, 2005.
In the event the cash payment is not used for which
proffered within 15 years of receipt, the cash
shall be returned in full to the payor. (B&M)
Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead
or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices installed. (EE)
Ail exposed portions of the foundation of each dwelling
unit shall be faced with brick or stone veneer. Exposed
piers supporting front porches shall be faced with brick
or stone veneer. (P)
Prior to any site plan approval, thirty-five (35) feet
of right of way on the south side of Elkhardt Road,
measured from the centerline as approved by the
Transportation Department, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
Ail dwelling units shall have a minimum gross floor area
of 1800 square feet. (P)
o
There shall be no direct access from this property to
Elkhardt Road. (T)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
0~-791
09/22/04
04SN0310
In Matoaca Magisterial District, FOX CREEK DEVELOPMENT, INC.
requests Conditional Use and amendment of zoning district map
to permit model homes plus amendment to rezoning (Case
04SN0116) for relief to public utility use. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for single family residential use of
2.0 units per acre or less. This request lies in a
Residential (R-12) District on 2.6 acres fronting
approximately 300 feet on the south line of Woolridge Road
approximately 1,600 feet west of Fox Club Road. Tax ID 712-
676-Part of 4582 (Sheet 15).
Mr. Turner presented a summary of Case 04SN0310 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. George Bryant, representing the applicant, stated the
recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. King, the Board
approved Case 04SN0310 and accepted the following proffered
conditions:
Temporary model homes (sales offices) shall be permitted
in a maximum of four (4) modular office units provided
such units shall be utilized for a maximum of twenty-
eight (28) months from the date of approval of this
request. At the end of the twenty-eight (28) months,
the modular office units shall be removed. (P)
The model homes (sales offices) shall only be used to
market the development (Fox Creek Subdivision) in which
they are located and shall not be used for the sale of
lots or houses outside of the development in which they
are located. (P)
The model homes (sales offices) shall not be the primary
real estate office for the companies marketing the
development. (P)
o
The model homes (sales offices) shall be incidental to
construction activity taking place within the
development (Fox Creek Subdivision). (P)
o
With the exception of temporary modular sales offices,
the public water and wastewater systems shall be used.
(u)
(Note: This Proffered Condition supercedes Proffered
Condition 2 of Case 04SN0116 for the request property
only.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-792
09/22/04
05SN0135 (Amended)
In Midlothian Magisterial District, BALZER & ASSOC., INC.
requests amendment to Conditional Use Planned Development
(Case 91SN0172) and amendment of zoning district map to
permit bulk exceptions in the Residential Townhouse (R-TH)
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
medium density residential use of 2.51 to 4.0 units per acre.
This request is known as part of the Ridgemoor and Scotter
Hills Developments which lie on the east and west lines of
Grove Hill Road, south of Woolridge Road. Lots 28 and 34 of
the Ridgemoor Development and Lots 45, 46, 61 through 64, 76
and 80 of the Scotter Hills Development (Sheets 5 and 6).
Mr. Turner presented a sun, nary of Case 05SN0135 and noted the
Planning Commission acknowledged withdrawal of all lots from
the request with exception of Lots 28 and 34 of the Ridgemoor
Development and Lots 45, 46, 61 through 64, 76 and 80 of the
Scotter Hills Development. He stated the Planning Commission
and staff recommend approval subject to one condition.
Mr. Andy Scherzer, representing the applicant, stated the
recommendation is acceptable. He further stated this case
will resolve a mutual misunderstanding that occurred during
the surveying process for certain lots. He noted there will
be another case before the Board next month that will resolve
the misunderstanding with the remaining lots.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mr. King, the Board
approved Case 05SN0135 subject to the following condition:
For R-TH uses, the following bulk exceptions shall apply for
development on the subject property:
Side yard. A side yard of not less than ten (10)
feet in width shall be provided for each end
residence in townhouse groups or rows having three
(3) or more lots.
Corner side yard. A corner side yard of not less
than ten (10) feet.
Rear yard. A rear yard of not less than nineteen
(19) feet. (P)
(NOTE: This condition amends Item II of the Textual
Statement for Case 91SN0172 for the subject property only.
All other conditions of Case 91SN0172 shall remain in
effect.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0257
In Bermuda Magisterial District, CHESTER DEVELOPMENT
ASSOCIATES, L.C. requests rezoning and amendment of zoning
district map from Agricultural (A) to Community Business (C-
04-793
09/22/04
3) with Conditional Use Planned Development to permit
exceptions to Ordinance requirements. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 2.51 - 8.0
units per acre. This request lies on 7.9 acres fronting
approximately 435 feet on the south line of De Lavial Street
and approximately eighty-five (85) feet on the north line of
De Lavial Street approximately 100 feet east of Womack Road,
also fronting approximately 800 feet on the west line of De
Lavial Street approximately 1,060 feet north of Lee Street.
Tax IDs 787-656-3321 and 4161 (Sheet 26).
Ms. Beverly Rogers presented a summary of Case 04SN0257 and
stated staff recommended denial because the proposal fails to
address transportation concerns, including the construction
of a north-south arterial, and also does not adequately
address the impact of the development on capital facilities.
She further stated the Planning Commission recommended
approval and acceptance of the proffered conditions,
indicating that the transportation proffer was similar to the
transportation proffer offered on property to the south of
Route 10 that deals with construction of the north-south
arterial and that, based upon the proffers which address
impacts on those units with more than two bedrooms, the cash
proffer adequately addressed the impact on school services.
Ms. Kay Daniels, representing the applicant, stated the
Planning Commission's recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
In response to Mr. King's question, Mr. McCracken stated the
transportation proffers are consistent with the Henry Moore
case south of Route 10.
Mr. King stated he believes the requirements for capital
facility impacts for those units with more than two bedrooms
addresses concerns regarding the impact of the proposed
development on schools. He further stated, if the north-
south arterial is constructed, the money that has been set
aside by the developer will be activated. He stated he is
satisfied that this case is consistent with the Moore case.
Mr. King then made a motion, seconded by Mr. Warren, for the
Board to approve Case 04SN0257 and accept the following
proffered conditions:
The request property shall be subject to the regulations
as outlined for the Residential Neighborhood Tract in
the proffered conditions, conditions and Textual
Statement for Case 95SN0309. (P)
o
The developer shall pay to the county $33,000 towards
the construction of the North-South Arterial from the
southern property line to the northern property line.
Prior to recordation of any lots, the developer shall
provide to the county a bond or other surety, in a form
acceptable to the County Attorney and in an amount of
$33,000 to ensure such payment. At such time as
construction of the North-South Arterial has been
04-79~
09/22/04
completed to either the northern or southern property
line, the developer shall provide $33,000 payment to the
county. After seven (7) years from the date that the
county receives the bond or other surety, if
construction of the North-South Arterial has not been
completed to either the northern or southern property
line, at the request of the developer, the county shall
return the bond or other surety to the developer and the
developer shall be relieved of the obligation to provide
such payment. (T)
o
There shall be no direct access from the property to the
North-South Arterial adjacent to the property. (T)
The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield prior to the
issuance of building permit for infrastructure
improvements within the service district for the
property:
ao
For all dwelling units initially constructed with
more than 2 bedrooms:
$9,000 per dwelling unit, if paid prior to
July 1, 2004; or
o
The amount approved by the Board of
Supervisors not to exceed $9,000 per dwelling
unit adjusted upward by any increase in the
Marshall and Swift Building Cost Index between
July 1, 2003, and July 1 of the fiscal year in
which the payment is made if paid after June
30, 2004.
Bo
For all dwelling units initially constructed with 2
or less bedrooms and for each dwelling unit
designated for Elderly/Retirement Housing (as
defined in case 95SN0309):
$4,815 per dwelling unit, if paid prior to
July 1, 2004. At the time of payment the
$4,815 will be allocated to capital facilities
categories as follows: Parks - $598,
Libraries - $324, Fire Stations - $346, Roads
- $3,547; or
o
The amount approved by the Board of
Supervisors not to exceed $4,815 per dwelling
unit adjusted upward by any increase in the
Marshall and Swift Building Cost Index between
July 1, 2003, and July 1 of the fiscal year in
which the payment is made if paid after June
30, 2004. Payments in excess of $4,815 will
be prorated as set forth above.
C o
Building plans submitted for building permits shall
designate the number of bedrooms in each dwelling
unit.
In the event the cash payment is not used for the purpose for
which proffered within 15 years of receipt, the cash shall be
returned in full to the payor. (B&M)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-795
09/22/04
04SN0267
In Matoaca Magisterial District, RANDELL L. HODGES AND SUSAN
L. HODGES request Conditional Use and amendment of zoning
district map to permit stock farm use (keeping of horses).
The density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for rural conservation
area use. This request lies in an Agricultural (A) District
on 2.1 acres and is known as 14621 North Ivey Mill Road. Tax
ID 735-631-2957 (Sheet 39).
Ms. Jane Peterson presented a summary of Case 04SN0267 and
stated the Planning Commission and staff recommend approval
subject to conditions.
Mr. Randell Hodges, accompanied by Mrs. Susan Hodges, stated
the recommendation is acceptable. He further stated he
believes the proposed facility has been designed to minimize
its impact on adjoining neighbors.
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mrs. Humphrey stated she received a telephone call from one
neighbor expressing concerns regarding the proposed facility.
She further stated the applicant is proposing a manure
processing facility that will address some environmental
concerns. She stated the applicant had requested that the
conditional use permit be granted to run with the property.
When asked, Mr. Micas stated the Board could remove the
condition that the conditional use not be transferable nor
run with the land.
Mrs. Humphrey made a motion, seconded by Mr. King, for the
Board to approve Case 04SN0267 subject to conditions, and
deleting the condition that grants the conditional use to the
applicant exclusively.
Mr. Miller called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. King, for the Board to approve Case 04SN0267
subject to the following conditions:
Ail facilities and areas associated with the keeping of
horses (stables, pastures, etc.) shall be cleaned and
made free of waste on a regular basis. In addition, the
property owner shall employ a means of eliminating any
odor problems and propagation of insects. (P)
This Conditional Use shall be limited to the keeping of
three (3) horses. (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17. PUBLIC HEARINGS
0 TO CONSIDER AMENDMENTS TO THE COUNTY'S BUSINESS LICENSE
TAX ORDINANCE
Ms. Dickson stated this date and time has been advertised for
a public hearing for the Board to consider amendments to the
04-796
09/22/04
county's business license tax ordinance. She further stated,
in an effort to attract and retain businesses in the county,
staff is recommending a two-year plan to amend the rate for
the professional, financial and real estate services
categories from 53 cents currently to 32 cents effective
January 2005, and from 32 cents to 20 cents effective January
2006. She stated staff is also recommending amendments
relating to the business license tax on flea markets, craft
shows and trade shows, with a maximum license tax of $250 per
show. She further stated the proposed amendments, together
with the amendment adopted by the Board on April 28, 2004 to
cap the liability in the financial services category will
effectively bring the business license tax revenue to the
budgeted cap for calendar years 2005 and 2006.
Mr. Miller called for public comment.
Mr. Tom Winfree, President of the Chesterfield Chamber of
Commerce, commended the Board for making Chesterfield a more
business friendly community. He stated the proposed
amendments will eliminate a major barrier in limiting the
county's ability to attract professional service businesses.
Ms. Debbie Girvin, President-elect of the Chesterfield
Chamber of Commerce, stated the proposed amendments will make
the county a more attractive home to the professional
services category.
Mr. George Peyton, Vice-President of Government Affairs for
the Retail Merchants Association of Greater Richmond,
expressed concerns that the organization was inadvertently
omitted from discussions regarding reduction of the business
license tax this year. He stated the Retail Merchants would
have requested that the Board continue its course of fairness
and use the revenues above the cap to lower the rates paid by
all categories including the retail category. He requested
that the Board strongly consider a proposal that would
provide at least a one-cent reduction to every business
license tax category and to use any remaining revenue above
the cap to reduce the professional, financial and real estate
service categories by the maximum amount allowed in the
board's formula.
Mr. Steve Meadows, representing the Gateway Association,
stated he supports staff's proposed amendments.
Mr. Roger Habeck, Executive Director of the Chesterfield
County Chamber of Commerce, stated he supports staff's
recommendation. He further stated the Board has achieved
competitiveness in every business category except the
professional services category. He stated the county's
population is heavily made up of persons in the professional
services industry, indicating that many of these people drive
to other jurisdictions to go to work. He further stated the
two-year plan makes sense and the proposed amendments will be
good for Chesterfield County.
Mr. David Root, representing the Richmond Homebuilders
Association, stated he believes the tax reduction should be
equitable across the board for all categories.
Mr. Barber expressed concerns that the Retail Merchants
Association was excluded from discussions regarding business
0~-797
09/22/04
license tax reductions. He suggested that the group be
reassembled, giving the Retail Merchants Association an
opportunity to address the proposal and, if the Board does
not want to do this, then make a one-year commitment only and
reevaluate the issue next year, rather than making a two-year
commitment.
Mr. Warren stated he regrets that the Retail Merchants
Association was not included in the process, but he believes
the proposal will make Chesterfield more competitive with
Henrico County, indicating that he will support the
amendments.
Mrs. Humphrey stated the Retail Merchants Association's input
is very valuable to the Board. She further stated she
supports the proposed amendments, indicating that she
considers this a recruitment tool to encourage businesses to
locate and remain in the county.
Mr. King complimented the county on its efforts to reduce the
business license tax. He stated, although he is very
sympathetic to all categories, he believes the professional
services category has been discriminated against the most for
some time. He further stated the other categories are
already competitive and he believes the county is moving in
the right direction by reducing the professional services
category.
Mr. Miller stated there has been no justification for the
excessive tax rate of the professional services category and
he believes it is time to bring this into parity. He further
stated, although the Retail Merchants Association was
inadvertently omitted from business license tax discussions,
both Mr. Peyton and Mr. Bill Baxter have had one-on-one input
with staff as well as each Board member regarding the
subject.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. King made a motion, seconded by Mr. Barber, for the Board
to adopt the ordinance relating to business license fees.
Discussion ensued relative to reviewing business license fees
again in one year rather than waiting two years.
Mr. Miller called for a vote on the motion of Mr. King,
seconded by Mr. Barber, for the Board to adopt the following
ordinance, with the understanding that the business license
fees will be reviewed again in one year:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING
SECTIONS 6-4, 6-23, 6-25, 6-26, 6-27, 6-28, 6-29, 6-30, 6-32,
6-33, 6-34, 6-35 AND 6-50 RELATING TO BUSINESS LICENSES FEES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 6-4, 6-23, 6-25, 6-26, 6-27, 6-28, 6-29,
6-30, 6-32, 6-33, 6-34, 6-35 and 6-50 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted to read as follows:
04-798
09/22/04
Sec. 6-4. License fees.
Every person engaged in a business which is licensable
pursuant to this chapter shall pay an annual fee if the total
gross receipts, or gross purchases in the case of wholesale
merchants, from the licensable business activity are
$10,000.00 or more, but less than $200,000, during the base
year. An annual license fee shall be paid for each licensable
business activity. The annual fee shall be calculated as
follows:
Gross Receipts/Purchases of Each Licensable Business Activity
Fee
$1.00--$9,999.99 $ 0.00
$10,000.00--$199,999.99 $10.00
Sec. 6-23. Imposition of taxes generally.
No tax shall be levied pursuant to this article on any
business whose base year gross receipts, or gross purchases
in the case of wholesale merchants, were less than
$200,000.00. If the base year gross receipts of the
licensable business activity are greater than or equal to
$200,000.00, the amount of such gross receipts shall be
reduced by $200,000.00 for the purpose of calculating the
applicable tax and the business shall pay the tax on the
reduced amount or a license fee of $10.00, whichever is
greater. The $200,000.00 reduction shall not apply to any
estimates made under section 6-24 but shall apply to the
correction of such estimates.
Sec. 6-25. Contractors.
(a) Every contractor shall pay a license tax of $0.14 per
$100.00 of base year gross receipts.
o o o
Sec. 6-26. Retail merchants.
(a) Every retail merchant shall pay a license tax of $0.19
per $100.00 of base year gross receipts.
o o o
Sec. 6-27. Financial services.
Every person engaged in a financial service shall pay a
license tax of $0.32 per $100.00 of base year gross receipts.
However, in no case shall the tax imposed under this section
exceed $90,000.00 per year.
Sec. 6-28. Real estate services.
Every person engaged in a real estate service shall pay
a license tax of $0.32 per $100.00 of base year gross
receipts.
Sec. 6-29. Professional services.
04-799
09/22/04
Every person engaged in a professional service shall pay
a license tax of $0.32 per $100.00 of base year gross
receipts.
Sec. 6-30. Miscellaneous services.
(a) Every person engaged in a personal or business
service shall pay a license tax of $0.33 per $100.00 of base
year gross receipts.
(b) Every person engaged in a repair service shall pay
a license tax of $0.27 per $100.00 of base year gross
receipts.
(c) Any person, firm, or corporation designated as the
principal or prime contractor receiving identifiable federal
appropriations for research and development services as
defined in Section 31.205-18 of the Federal Acquisition
Regulation in the areas of computer and electronic systems,
computer software, applied sciences, economic and social
sciences, and electronic and physical sciences, shall be
subject to a license tax rate of $0.03 per $100.00 of such
federal funds received in payment of such contracts upon
documentation provided by such person, firm, or corporation
to the commissioner of the revenue confirming the
applicability of this section.
(d) Every person engaged in research and development,
biotechnology, or biomedical research and development
businesses shall pay a license tax of $0.10 per $100.00 of
base year gross receipts.
(e) Every person engaged in an information services
business shall pay a license tax of $0.10 per $100.00 of base
year gross receipts.
Sec. 6-32. Commission merchants.
Every person engaged in business as a commission
merchant shall pay a license tax of $0.33 per $100.00 of base
year gross receipts.
o o o
Sec. 6-33. Wholes&le merchants.
(a) Every person engaged in business as a wholesale
merchant shall pay a license tax of $0.10 per $100.00 of base
year gross purchases. However, in no case shall the tax
imposed under this section exceed $20,000.00 per year.
o o o
Sec. 6-34. Direct sellers.
(a) Every person engaged in business as a direct
seller at retail shall pay a license tax of $0.19 per
$100.00 of base year gross receipts.
(b) Every person engaged in business as a direct
seller at wholesale shall pay a license tax of $0.05 per
$100.00 of base year gross receipts.
o o o
Sec. 6-35. Slot machines.
o o o
(b) Every person selling, leasing, renting or otherwise
furnishing or providing a coin-operated amusement machine, as
defined in Code of Virginia, § 58.1-3720, and Code of
Virginia, § 58.1-3721, shall pay a license tax of $0.33 per
$100.00 of base year gross receipts of such operator from
amusement machines operated within the county. This section
shall not apply to any person owning less than three coin
machines and operating such machines on property owned or
leased by such person.
o o o
Sec. 6-50. Flea markets, craft shows an~ traae shows.
o o o
(c) The license tax imposed by this section shall be
equal to $2.00 per day for each merchant participating in a
flea market, craft show or trade show during such day or any
portion of such day. The maximum tax shall not exceed
$250.00 for each license for a show, but each flea market,
trade show or craft show shall require a separate license.
Such license shall not be granted for a period of time in
excess of seven (7) consecutive days. In the event that a
show taxed pursuant to this section exceeds seven (7)
consecutive days in length, the organizer, promoter or
manager shall be required to obtain a new license for each
additional seven days, and the maximum tax provided for by
this section shall apply to the new license. Such license
tax shall be due and payable not later than three (3)
business days following the conclusion of the show.
o o o
(2) That Section (1) of this ordinance shall become
effective January 1, 2005; provided, however, that the
amendments to County Code Sections 6-27, 6-28 and 6-29 shall
only remain effective until and including December 31, 2005.
(3) That Sections 6-27, 6-28 and 6-29 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted to read as follows:
Sec. 6-27. Financial services.
Every person engaged in a financial service shall pay a
license tax of $0.20 per $100.00 of base year gross receipts.
However, in no case shall the tax imposed under this section
exceed $90,000.00 per year.
Sec. 6-28. Real estate services.
Every person engaged in a real estate service shall pay
a license tax of $0.20 per $100.00 of base year gross
receipts.
09/22/04
Sec. 6-29. Profession&l services.
Every person engaged in a professional service shall pay
a license tax of $0.20 per $100.00 of base year gross
receipts.
(4) That Section (3) of
effective January 1, 2006.
this ordinance shall become
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
18. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
There were no remaining mobile
requests at this time.
home permits or
zoning
19. ADJOURNMENT
On motion of Mr. Warren, seconded by Mr. King, the Board
adjourned at 8:09 p.m. until October 13, 2004 at 4:00 p.m.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Coa~ne t~' AZ~nS ~Ys trat ~k
06-802
09/22/06