12-15-2004 MinutesBOARD OF SUPERVISORS
MINUTES
December 15, 2004
Supervisors in Attendances
Mr. Kelly E. Miller, Chairman
Mr. Edward B. Barber, Vice Chrm.
Mrs. Renny Bush Humphrey
Mr. R. M. ~Dickie" King, Jr.
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
Staff in Attendance~
Mr. Skip Auld, Asst.
Dir., Libraries
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Kevin Bruny, Dean,
Chesterfield University
Mr. Craig Bryant, Dir.,
Utilities
Dr. Billy Cannaday, Jr.,
Supt., School Board
Ms. Jana Carter, Dir.,
Youth Planning and
Development
Ms. Marilyn Cole, Asst.
County Administrator
Mr. Richard Cordle,
Treasurer
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Rebecca Dickson, Dir.,
Budget and Management
Ms. Debbie Dugger, Dir.,
Youth Group Home
Mr. James Dunn, Dir.,
Economic Development
Mr. Robert Eanes, Asst. to
the County Administrator
Ms. Lisa Elko, CMC
Clerk
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
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
Maj. David Hutton,
Sheriff's Office
Mr. Thomas E. Jacobson,
Dir. of Revitalization
Mr. H. Edward James,
Dir., Purchasing
Mr. Donald Kappel, Dir.,
Public Affairs
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Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr. Louis Lassiter, Dir.,
Internal Audit
Ms. Mary Lou Lyle, Dir.,
Accounting
Acting Chief Paul Mauger,
Fire and EMS Dept.
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Mr. F. O. Parks, Dir.,
Information Systems Tech.
Mr. Francis Pitaro, Dir.,
General Services
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Kirk Turner, Dir.,
Planning
Mr. Miller called the regularly scheduled meeting to order at
3:38 p.m.
1. APPROVAL OF MINUTES FOR NOVEMBER 23, 2004 (REGULAR
MEETING) AND DECEMBER 1, 2004 (LEGISLATIVE RECEPTION)
On motion of Mr. King seconded by Mr. Warren, the Board
approved the minutes of November 23, 2004 and December 1,
2004, as submitted.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
2. COUNTY ADMINISTRATOR'S COMMENTS
O RECOGNITION OF BOND REFERENDUM TEAM MEMBERS
Mr. Eanes recognized members of the 2004 Bond Referendum Team
and thanked them for their outstanding efforts towards the
overwhelming passage of the bond referendum on November 2,
2004.
Mr. Miller expressed appreciation to the Bond Referendum Team
on behalf of the Board.
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3. BOARD COMMITTEE REPORTS
Mr. Miller congratulated the Meadowbrook Monarchs for winning
the State Football Championship and also the L. C. Bird
Skyhawks who made it to the semi-finals.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. Warren, seconded by Mr. King, the Board
added Item 8.C.l.g., Resolution Recognizing Ms. Rosa Kearns-
Smith, Chesterfield County Public Library, Upon Her
Retirement; replaced Item 8.C.5.b., Request to Quitclaim
Portions of Sixteen-Foot Water Easements, a Sixteen-Foot
Sewer Easement, a Variable Width Drainage Easement, and a
Variable Width Virginia Department of Transportation Sight
Distance Easement Across the Property of Lee Scott, Managing
Trustee for Wal-Mart Real Estate Business Trust; moved Item
8.C.6., Approval of the Purchase of Two Parcels of Land for
Genito Road High School to be heard after Item 11., Closed
Session; replaced Item 8.C.13., Acceptance of Open Space
Easements; replaced Item 11., Closed Session Pursuant to
Section 2.2-3711(A) (1), Code of Virginia, 1950, as Amended,
Relating to the Performance of a Specific Employee of the
County and Pursuant to Section 2.2-3711(A) (3), to Discuss
with Legal Counsel 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; moved Item 15.A., Resolution
Recognizing Miss Anna Margaret Yoke Upon Attaining the Gold
Award to Item 8.C.l.f.; added Item 15.C., Resolution
Recognizing Ms. Meredith Bonny for Outstanding Media Coverage
of Chesterfield County; and adopted the Agenda, as amended.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING COMMUNITY SERVICES BOARD MEMBERS
5.A.1. MR. THOMAS M. DEADMORE
Mr. Braunstein introduced Mr. Thomas ~Mac" Deadmore who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Thomas ~Mac" Deadmore, representing the
Dale Magisterial District, has served as a dedicated and
faithful member of the Chesterfield County Community Services
Board since his appointment by the Board of Supervisors in
March 1996; and
WHEREAS, during his term as a member of the Chesterfield
County Community Services Board, Mr. Deadmore has served with
distinction as a member of the Policy Committee, the Service
Quality Committee, and the Executive Committee and Chair of
the Board in 2000 and 2001; and
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WHEREAS, Mr. Deadmore successfully led the Chesterfield
County Community Services Board during period of significant
growth in services; and
WHEREAS, Mr. Deadmore provided the Chesterfield County
Community Services Board with strong, effective leadership
during a time of organizational leadership restructuring; and
WHEREAS, Mr. Deadmore has for a number of years been an
active volunteer and concerned citizen of Chesterfield
County, serving in numerous leadership capacities, such as
the Chairman of the Virginia Industries for the Blind, and
serving on the Richmond Advisory Board, and the Meadowbrook
Estates Civic Association; and
WHEREAS, Mr. Deadmore is acknowledged locally for his
dedication and genuine concern for persons with mental
disabilities.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 15tn day of December 2004,
publicly recognizes Mr. Thomas M. Deadmore, and expresses its
sincere appreciation for his continuing efforts to enhance
the quality mental health, mental retardation and substance
abuse services provided for citizens of Chesterfield County.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Deadmore, and that this
resolution be permanently recorded among the papers of this
Board of SupervJ_sors of Chesterfield County, Virginia.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
Mr. Miller presented the executed resolution and a silver
bowl to Mr. Deadmore, accompanied by Mr. Braunstein, and
expressed appreciation for his dedicated service on the
Chesterfield Corm~unity Services Board.
Mr. Deadmore expressed appreciation to the Board for the
opportunity to serve on the Chesterfield Community Services
Board and stated it has been an honor and a privilege to
serve.
5.A.2. MR. HARRY E. COLESTOCK, III
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Harry E. Colestock, III, as member-at-
large, has served as a dedicated and faithful member of the
Chesterfield County Community Services Board since his
appointment by the Board of Supervisors, from January 1993
until December 1999 and from January 2002 until December
2004; and
WHEREAS, during his term as a member of the Chesterfield
County Co~unity Services Board, Mr. Colestock has served
with distinction as Chair of the Program Committee, Executive
Committee, Finance Committee, Audit Committee, Human
Resources Committee and as Vice Chair of the Board; and
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WHEREAS, Mr. Colestock served as Chair of the Audit
Committee during a period of significant improvement of the
department's overall budget; and
WHEREAS, Mr. Colestock is recognized as
advocate for growth in consumer services; and
a strong
WHEREAS, Mr. Colestock was appointed by former Governor
Allen to the State Child Fatality Review Team; and
WHEREAS, Mr. Colestock has for a number of years been an
active volunteer and concerned citizen of Chesterfield
County, serving in numerous leadership capacities, such as
being a member of the DMAS Continuum of Care Study and the
Civil Air Patrol; and
WHEREAS, Mr. Colestock is acknowledged for his
dedication and genuine concern for persons with mental
disabilities.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 15tn day of December 2004,
publicly recognizes Mr. Harry E. Colestock, III, and
expresses its sincere appreciation for his continuing efforts
to enhance the quality mental health, mental retardation and
substance abuse services provided for citizens of
Chesterfield County.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Colestock, 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.
(It is noted Mr. Colestock was unable to attend the meeting
and the resolution will be presented to him at a later date.)
5.A.3. MR. DEAN A. LYNCH
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Dean Lynch, as member-at-large, has served
as a dedicated and faithful member of the Chesterfield County
Community Services Board since his appointment by the Board
of Supervisors in December 2002; and
WHEREAS, during his term as a member of the Chesterfield
County Community Services Board, Mr. Lynch has served with
distinction as a member of the Executive Committee, Chair of
the Finance Committee, and Vice Chair of the Board; and
WHEREAS, Mr. Lynch has been a strong advocate for the
Chesterfield County Community Service Board's relationship
with local government; and
WHEREAS, Mr. Lynch has given significant assistance with
Public Policy planning on the state level; and
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WHEREAS, Mr. Lynch has for a number of years been an
active volunteer and concerned citizen of Chesterfield
County, serving in numerous leadership capacities, such as
volunteer coach for sports programs sponsored by the
Chesterfield County Parks and Recreation Department, member
of the Chesterfield County Schools PTA, and member of
Huguenot Road Baptist Church; and
WHEREAS, the guidance and commitment demonstrated by Mr.
Lynch is an important example of effective advocacy in
support of quality services.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 15th day of December 2004,
publicly recognizes Mr. Dean A. Lynch and expresses its
sincere appreciation for his continuing efforts to enhance
the quality mental health, mental retardation and substance
abuse services provided for citizens of Chesterfield County.
AND, BE liT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Lynch, and that this
resolution be ~ermanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Miller, Humphrey, King and Warren.
Nays: None.
Absent: Barber.
(It is noted Mr. Lynch was unable to attend the meeting and
the resolution will be presented to him at a later date.)
5.B. RECOONIZING CHESTERFIELD COUNTY EMPLOYEES OF THE YEAR
Ms. Cole introduced the 2004 Employees-of-the-Year, who were
as follows:
Name
Sharyl Adams
Belinda Ashmore
Donald L. Birdsong, Jr.
Carol R. Blair
George W. Bowles
Deputy Dale Carter
Damien J. Connelley
Cindy Creed
Sharon Dudley
Gerard J. Duffy
Joy Galusha
Tammy George
Department
Youth Planning and Development
Real Estate Assessments
General Services
Building Inspection
Utilities Department
Sheriff's Office
Police Department
Purchasing
Risk Management
Environmental Engineering
County Administration
Mental Health/Mental
Retardation/Substance Abuse
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Lora S. Holland
Jeffery T. Howard
Charles Hughes
James K. Jenkins
Sherri Legat
Michelle McKesson
Sharon Noyes
Gene Pearson
Dianne Price
Martha Reiss
Regina Smith
Stacy Taffer
Julia Timberlake
Consuela Y. Toye
Jackie Tucker
John Alexander Wagle, IV
Jack Watts
Beverly Young
Internal Audit
Environmental Management
Information Systems Technology
Parks and Recreation*
Chesterfield University
County Attorney's Office
Library
Community Corrections Services*
Human Resource Management
Budget and Management
Fire and Emergency Medical
Services
Planning
Juvenile Probation
Accounting
Youth Group Home
Emergency Communications
Health Department
Treasurer's Office
Mr. Miller presented the Employees-of-the-Year with a plaque
recognizing them as their department's Employee-of-the-Year
and expressed appreciation, on behalf of the Board and
citizens, for their dedication.
Mr. Ramsey expressed appreciation to the Board for
recognizing the county's Employees-of-the-Year and stated he
is very proud of each of them.
A standing ovation followed.
(*It is noted Mr. Jenkins and Mr. Pearson were unable to
attend the meeting.)
Mr. Barber arrived at the meeting.
6. WORK SESSIONS
There were no work sessions at this time.
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7. DEFERRED ITEMS
O TO CONSIDER AMENDING THE COUNTY POLICY REGARDING CRIMINAL
BACKGROUND CHECKS FOR COACHES OF CO-SPONSORED GROUPS
TO REQUIRE N~IONALCHECKS
Mr. Michael Chernau, Senior Assistant County Attorney, stated
the Board held a public hearing on November 10, 2004 to
consider expandJ, ng the background checks for coaches of co-
sponsored groups from the state database of crimes to the
FBI's national database. He further stated 460 of the
approximately 10,000 individuals who have had background
checks under the existing policy since 2001 have had criminal
backgrounds, and 64 were disqualified from coaching as a
result of the convictions. He stated the Parks and
Recreation Advisory Commission recommends expansion of
background checks to national FBI checks. He further stated
staff recommends that national checks be phased in beginning
January 1, 2005, as follows: 1) FBI background checks will
be performed on all new co-sponsored coaches; 2) all new
coaches' cards issued will have an expiration date three
years from date of issue; and 3) all current coaches' cards
will be phased into the new system in FY06-FY08. He noted
the policy will also include a provision, which will permit
the County Administrator to implement a system-wide random
criminal check process on all coaches in the future if the
County Administrator deems such a process appropriate.
In response to Mr. King's question, Mr. Chernau stated
existing coaches will receive replacement cards that expire
in three years.
In response to iZr. Miller's question, Mr. Chernau stated the
FBI background checks will be performed on a random basis on
existing coaches over the next three years.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
amended the county policy regarding criminal background
checks for coaches of co-sponsored groups to require national
checks through the FBI database.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8. NEW BUS INES-~
8.A. APPOINTMEntS
On motion of Mr. Warren, 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 Appomattox River Water Authority Board, Disability
Services Board, Youth Services Citizen Board, Industrial
Development Authority, Arts and Cultural Funding Consortium,
Solid Waste Advisory Committee, Chesterfield Community
Services Board, and the Agricultural Committee.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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8.A.1. APPOMATTOX RIVER WATER AUTHORITY' BOA/~
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/reappointed Mr. Craig Bryant and Mr.
Lane B. Ramsey to serve on the Appomattox River Water Board,
whose terms are effective January 1, 2005 and expire December
31, 2005.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.2. DISABILITY SERVICES BOARD
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/reappointed Ms. Carol Granger, staff
representative, to serve on the Disability Services Board,
whose term is effective January 1, 2005 and expires December
31, 2007.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.3. YOUTH SERVICES CITIZEN BOARD
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/appointed Ms. Tabitha Ballard, a
youth representing the Matoaca District, to serve on the
Youth Services Citizen Board, whose term is effective
December 16, 2004 and expires June 30, 2005.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.4. INDUSTRIAL DEVELOPMENT AUTHORITY
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/appointed Mr. Lloyd A. Lenhart,
representing the Matoaca District, to serve on the Industrial
Development Authority, whose term is effective immediately
and expires June 30, 2007. (It is noted Mr. Lenhart will
fill the unexpired term as a result of the resignation of Mr.
Henry Moore.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.5. ARTS AND CULTURAL FUNDING CONSORTIUM
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/reappointed Ms. Beverly Perdue
Jennings to serve as an at-large member on the Arts and
Cultural Funding Consortium, whose term is effective January
1, 2005 and expires December 31, 2006.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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8.A.6. SOLID WASTE ADVISORY COMMITTEE
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/appointed/reappointed Mr. Michael
Murphy, representing the Midlothian District; Mr. Donald
Armstrong, representing the Clover Hill District; Mr. Arthur
Rubin, representing the Dale District; Mr. William Riggleman,
representing the Bermuda District; and Mr. Richard Nunnally,
representing the county at-large, to serve on the Solid Waste
Advisory Committee, whose terms are effective January 1, 2005
and expire December 31, 2007.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.7. CHESTERFIELD COMMUNITY SERVICES BOARD
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/appointed/reappointed Ms. Ruth P.
Roberts, representing the county at-large, Mr. James G.
Lumpkin, representing the Dale District, and Ms. Nancy
Briggs, representing the county at-large, to serve on the
Chesterfield Community Services Board, whose terms are
effective January 1, 2005 and expire December 31, 2007.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.A.8. AGRICULTURAL COMMITTEE
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/appointed the following members to
serve on the Agricultural Committee, whose terms are
effective immediately and expire December 31, 2006:
Name
Stuart Jones (Farm Bureau)
Steven Lindberg (Forester)
Rudy Horak
Donnie Woodcock
Ray Payne
Bruce Moseley
District
At-large
At-large
Bermuda
Clover Hill
Dale
Matoaca
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.B. STREETLIGHT INSTALLATION COST APPROVALS
On motion of Mr. King, seconded by Mr. Miller,
approved the following streetlight installations:
Bermuda District
In the Rayon Park Subdivision:
Telbury Street, vicinity of 7620
Cost to install streetlight: $484.58
Congress Road, vicinity of 2740
Cost to install streetlight: $484.58
the
Board
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Senate Street, vicinity of 7816
Cost to install streetlight: $491.39
Senate Street, vicinity of 7640
Cost to install streetlight: $491.39
Dale District
In the Creek Meadow Subdivision:
Meadow Glen Place, vicinity of 3118
Cost to install streetlight: $194.79
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.1.&. RECOGNIZING FIREFIGHTER JOHN D. FAISON,
CHESTERFIELD COUNTY FIRE AND EMERGENCY MEDICAL
SERVICES DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Firefighter John David Faison will retire from
the Chesterfield Fire and Emergency Medical Services
Department, Chesterfield County, on January 1, 2005; and
WHEREAS, Firefighter Faison attended Recruit School #10
in 1979 and has faithfully served the county for over twenty-
five years in various assignments as a firefighter at the
Chester Fire Station, the Bensley Fire Station, the Dutch Gap
Fire Station, the Ettrick Fire Station, the Airport Fire and
EMS Station, the Matoaca Fire and EMS Station, the Centralia
Fire and EMS Station and at the Winterpock Fire and EMS
Station; and
WHEREAS, Firefighter Faison was instrumental in the
rescue of multiple firefighters from a structural collapse
during operations at the Centralia Presbyterian Church fire
on April 23, 1983; and
WHEREAS, Firefighter Faison was involved in a successful
life save on August 6, 1993 when a tornado struck the City of
Colonial Heights; and
WHEREAS, Firefighter Faison received a certificate of
recognition in 2002 for an improved process I.D.E.A.
suggestion that enhanced the delivery of EMS supplies to the
fire stations; and
WHEREAS, Firefighter Faison assisted in remodeling the
Matoaca Fire Station, which improved the effectiveness and
efficiency of daily operations; and
WHEREAS, Firefighter Faison was instrumental in the
successful opening of the Centralia and Winterpock Fire
Stations; and
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WHEREAS, Firefighter Faison served Chesterfield County
as a strong firefighter, a role model for the new recruits,
an informal leader and a solid acting officer.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter John David Faison, expresses the appreciation of
all residents for his service to the county, and extends
their appreciation for his dedicated service and their
congratulations upon his retirement.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.l.b.
RECOGNIZING LIEUTENANT JEFFREY A. HOWE,
CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Lieutenant Jeffrey Howe will retire from the
Fire and Emergency Medical Services Department, Chesterfield
County, on January 1, 2005; and
WHEREAS, Lieutenant Howe attended Recruit School %6 in
1976 and has faithfully served the county for over twenty-
eight in various assignments as a Firefighter at the Chester,
Wagstaff Circle and Manchester Fire Stations; as a Sergeant
at the Manchester, Chester and Buford Fire Stations; as a
Lieutenant at the Bon Air Fire Station, as an Assistant Fire
Marshall in the Fire and Life Safety Division; and then as a
Lieutenant at the Ettrick, Buford, Enon, Bensley and Dutch
Gap Fire Stations; and
WHEREAS, Lieutenant Howe was an early member of the
Chesterfield Fire and Emergency Medical Services Scuba Rescue
Team for several years; and
WHEREAS, Lieutenant Howe initiated a program to read to
children at Ettrick Elementary School; and
WHEREAS, Lieutenant Howe was the first arriving officer
on scene at the Colonial Heights Wal-Mart Tornado Incident
and began rescue operations that resulted in a Unit Citation
Award; and
WHEREAS, Lieutenant Howe was involved in the successful
rescue of a tree service worker from an elevated bucket truck
on Woodpecker Road resulting in a Unit Citation Award; and
WHEREAS,
several unit
specifications
service.
Lieutenant Howe was an important member of
design committees that developed the
for some of the fire units currently in
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the contributions of
Lieutenant Jeffrey Howe, expresses the appreciation of all
residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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8.C.l.c. RECOGNIZING MR. MICHAEL ANDREW FAISON UPON
ATTAINING THE RANK OF EAGLE SCOUT
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Michael Andrew Faison, Troop 800, sponsored
by Bethel Baptist 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, Michael has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 15th day of December 2004,
recognizes Mr. Michael Andrew Faison, 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.
8 .C.l.d.
SUPPORTING THE MAINTENANCE DREDGING OF THE
APPOMATTOX RIVER
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Appomattox River is tidal and historically
was navigable to its Fall Line in South Central Virginia; and
WHEREAS, the navigability of the Appomattox River was an
important factor in the historical development of South
Central Virginia; and
WHEREAS, it enabled early Virginia colonists to explore
the territory, conduct trade with Native Americans, establish
a settlement at the Fall Line of the river, and eventually
incorporate that settlement as the City of Petersburg; and
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WHEREAS, Petersburg became a major transshipment point
for agricultural goods and manufactured products of the
farmers and mercantilists of South Central Virginia; and
WHEREAS, in 1871, the U. S. Congress, recognizing the
importance of the Appomattox River, authorized a navigation
channel in the Appomattox River, to be maintained by the U.
S. Army Corps of Engineers; and
WHEREAS, this navigation channel was from the confluence
of the Appomattox River with the James River at what is now
the City of Hopewell to a harbor in the City of Petersburg;
and
WHEREAS, this channel was used extensively by river
traffic until around 1960, when silt accumulation restricted
the channel and eventually precluded river access to the
harbor in Petersburg; and
WHEREAS, reopening the historic navigation channel in
the Appomattox will improve the environmental condition of
the river; and
WHEREAS, a restored channel will also serve as a
catalyst for commercial revitalization of historic downtown
Petersburg; and
WHEREAS, the channel will enhance local and regional
tourism, expand local and regional recreational opportunities
and return the river to its historical navigability to the
City of Petersburg; and
WHEREAS, all of these benefits of reopening the historic
navigation channel of the Appomattox River have potentially
positive benefits for the City of Petersburg and the entire
region.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 15th day of December 2004,
recognizes the historic importance of the Appomattox River
and the navigation channel authorized in the Appomattox River
by the U. S. Congress in 1871, and strongly supports the
maintenance dredging of the existing federally-authorized
navigation channel in the Appomattox River to restore the
historical access to the harbor in the City of Petersburg at
the Fall Line of the river, and encourages the U. S.
government and the government of the Commonwealth of Virginia
to provide the requisite funding to conduct this important
project to restore the navigability of the historic resource
known as the Appomattox River.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.l.e. RELATING TO AGREEMENTS FOR ACQUISITION OF REAL
PROPERTY FOR ECONOMIC DEVELOPMENT AND OTHER PUBLIC
PURPOSES AND APPROPRIATION OF FUNDS
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
04-981
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A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, APPROVING THE AMENDMENT AND
RESTATEMENT OF MEADOWVILLE DEVELOPMENT AGREEMENT TO PROVIDE
THAT THE PARTIES TO THE SAME SHALL BE THE COUNTY AND THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY, TO PROVIDE
FOR THE FINANCING OF THE ACQUISITION OF REAL PROPERTY FOR
THE PROPOSED MEADOWVILLE TECHNOLOGY PARK, INCLUDING AREAS TO
BE PRESERVED A WETLANDS AND USED TO BUILD A SYSTEM OF STREETS
AND ROADS AND OTHER INFRASTRUCTURE IMPROVEMENTS WITHIN THE
PARK AND CERTAIN INFRASTRUCTURE IMPROVEMENTS THROUGH THE
ISSUANCE BY SUCH AUTHORITY OF NOT TO EXCEED $20,000,000
PRINCIPAL AMOUNT OF ITS REVENUE BONDS AND TO PROVIDE THAT AS
SECURITY FOR THE PAYMENT OF DEBT SERVICE ON SUCH AUTHORITY
REVENUE BONDS, THE COUNTY WOULD AGREE TO MAKE PAYMENTS ON
BEHALF OF SUCH AUTHORITY IN AN AMOUNT EQUAL TO DEBT SERVICE
ON SUCH REVENUE BONDS, SUCH PAYMENTS BY THE COUNTY TO BE
SUBJECT TO ANNUAL APPROPRIATION BY THE BOARD OF SUPERVISORS;
APPROVING THE AMENDMENT OF OTHER EXISTING OPTION AGREEMENTS
AND APPROVING A SUPPORT AGREEMENT FOR THE ACQUISITION BY SUCH
AUTHORITY OF AN ADDITIONAL PARCEL IN SUCH PARK; AND APPROVING
THE PREPARATION OF OTHER DOCUMENTS FOR USE BY SUCH AUTHORITY
IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SALE AND
DELIVERY OF AND SECURITY FOR SUCH AUTHORITY'S REVENUE BONDS
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF CHESTERFIELD, VIRGINIA:
SECTION 1. Findings and Determinations. The Board of
Supervisors (the "Board of Supervisors") of the County of
Chesterfield, Virginia (the ~'County"), hereby finds and
determines as follows:
(a) Commencing in 1997, the Industrial Development
Authority of the County of Chesterfield (the "IDA"), at the
request of the County, has entered into various agreements
with property owners pursuant to which the IDA has been granted
options to purchase undeveloped real property for the proposed
Meadowville Technoloqy Park ("Meadowville Technology Park" or the
"Park"), which is located in the Bermuda Magisterial District
adjacent to the James River in Chesterfield County, Virginia.
(b) It is contemplated that the proposed Park would be
developed as an industrial and office park, with an emphasis on
clean, high-tech industries and that parcels of real property
would be sold or dedicated to businesses over time to construct
offices, manufacturing/ assembly plants, logistical support and
related technology facilities within the Park. Portions of the
area encompassing the Park would be preserved as wetlands or used
to build a system of streets and roads and other infrastructure
improvements within the Park, including an interchange with
Interstate 1-295.
(c) The first such agreement was a Development
Agreement, dated December 12, 1997 (the "Meadowville
Development Agreement" or the "Development Agreement"), by
and between with the IDA and Meadowville L.L.C., covering
approximately 1,000 acres of unencumbered land.
(d) Pursuant to the exercise of options granted under the
Meadowville Development Agreement, to date, the IDA has
acquired approximately 142 acres of real property within the
area to be encompassed by the proposed Park.
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(e) In addition to the options granted to it under the
Meadowville Development Agreement, the IDA has entered into
option agreements with H. Gordon Peters granting the IDA the
option to purchase approximately 33 acres of real property, with
George P. Emerson, Jr. et al. granting the IDA the option to
purchase approximately 145.5 acres of real property and with
James Associates granting the IDA the option to purchase
approximately 48 acres of real property.
(f) The option agreements grant the IDA the option to
purchase real property from time to time contingent upon
sufficient funding levels being available.
(g) The County has in the past adopted budgets with
sufficient funding to satisfy terms of the option agreements.
The IDA has from time to time exercised the right to acquire
property through the options and now owns approximately 158 of
1,227 acres associated with the options.
(h) The County recently evaluated its position in
respect to the option agreements and has found it would be
beneficial to the County for the IDA to acquire the remaining
1,069 acres within the area encompassing the proposed Park from
the respective property owners at the present time rather than
continuing to purchase real property pursuant to the terms of the
existing option agreements from time to time.
(i) In addition, the County has determined that, by
renegotiating the existing Meadowville Development Agreement
and the other existing option agreements, such remaining 1,069
acres can be purchased now for an aggregate purchase price of
substantially less than the option prices currently provided
for in the existing Meadowville Development Agreement and the
other existing option agreements.
(j) The early purchase by the IDA provides the IDA
complete control of the property in the Park.
(k) Furthermore the County finds it beneficial for the
IDA to acquire the approximately 100 acre Coons parcel, to be
included in the Park.
(1) The County Administrator finds it beneficial for
the IDA to include certain improvements with the financing
for the acquisition of real property.
(m) The County can provide financial support to the IDA
for the financing for the acquisition of real property and
certain infrastructure improvements in an amount
approximately equal to or less than that necessary to
maintain the existing option agreements.
(n) In order to finance the acquisition of the
remaining acres of real property within the area encompassing
the proposed Meadowville Technology Park and the
approximately 100 acre Coons parcel, including the areas to
be preserved as wetlands and used to build a system of
streets and roads and other infrastructure improvements
within the Park, and to finance certain infrastructure
improvements it is contemplated that the IDA would issue its
revenue bonds (the "IDA Revenue Bonds") in a principal amount
of not to exceed $20 million, including costs of issuance of
the financing, and that, as security for the payment of the
debt service on the IDA Revenue Bonds, the County would agree
0~-983
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to make payments on behalf of the IDA on a periodic basis in
accordance with the provisions of an amended and restated
Development Agreement (the "Amended and Restated Development
Agreement") in an amount equal to the debt service on the IDA
Revenue Bonds, the agreement of the County with respect to
such payments to be more fully provided for in the trust
indenture or agreement and related documents providing for
the issuance and security for the IDA Revenue Bonds, such
payments by the County to be subject to annual appropriation
by the Board of Supervisors.
(o) The payment obligations of the County under the
Amended and Restated Development Agreement would be
structured such that the County's annual payments would be
approximately equal to, or less than, the amounts the IDA, on
behalf of the County, is currently obligated to pay under the
existing Meadowville Development Agreement and the other
existing option agreements.
(p) By adoption of this resolution, the Board of
Supervisors has determined to approve the amendment and
restatement of the Meadowville Development Agreement, the
amendment of the other existing option agreements and the
support agreement for the IDA acquisition agreement for real
property for the Coons parcel, to authorize the County
Administrator to prepare disclosure documents for use by the
IDA in connection with the authorization, issuance, sale and
delivery of the IDA Revenue Bonds, to authorize the County
Administrator to execute and deliver the Amended and Restated
Development Agreement and the support agreement for the IDA
acquisition of real property for the Coons parcel and all
other documents as shall be necessary or appropriate to
consummate the acquisition of the remaining approximately
1,069 acres of real property for the proposed Meadowville
Technology Park and to finance such acquisition, including
the areas to be preserved as wetlands and used to build a
system of streets and roads and other infrastructure
improvements, and to finance certain infrastructure
improvements and appropriate up to $150,000 from the
Industrial Park Reserve for a portion of the associated real
estate closing costs (including, without limitation, boundary
surveys and legal descriptions, recordation fees, title
insurance and environmental assessments).
SECTION 2. Approval of Amendment and Restatement of
Meadowville Development Agreement; Authorization of Execution
and Delivery of Amended and Restated Meadowville Development
Agreement. The Board of Supervisors hereby approves the
amendment and restatement of the Meadowville Development
Agreement in its entirety (as amended and restated the
~Amended and Restated Development Agreement"), among other
things, (a) to provide that the parties to the Amended and
Restated Development Agreement shall be the County and the
IDA, (b) to provide for the financing of the acquisition of
the remaining acres of real property within the area
encompassing the proposed Meadowville Technology Park and the
approximately 100 acre Coons parcel, including the areas to
be preserved as wetlands and used to build a system of
streets and roads and other infrastructure improvements
within the Park, and certain infrastructure improvements, it
being contemplated that the IDA would issue its revenue bonds
(the "IDA Revenue Bonds") in a principal amount of not to
exceed $20 million, including costs of issuance of the
financing, and (c) to provide that, as security for the
payment of the debt service on the IDA Revenue Bonds, the
County would agree to make payments on behalf of the IDA on a
04-984
12/15/04
periodic basis in accordance with the provisions of the
Amended and Restated Development Agreement in an amount equal
to the debt service on the IDA Revenue Bonds, the agreement
of the County with respect to such payments to be more fully
specified in the trust indenture or agreement and related
documents providing for the issuance and security for the IDA
Revenue Bonds, such payments by the County to be subject to
annual appropriation by the Board of Supervisors; provided,
however, that (i) the IDA Revenue Bonds shall not mature
later than thirty (30) years after their date, (ii) the true
interest cost for the IDA Revenue Bonds shall not be greater
than eight percent (8.00%) and (iii) the premium, if any,
payable upon the redemption of the IDA Revenue Bonds shall
not be greater than (3.00%). The County Administrator is
hereby authorized to execute and deliver the Amended and
Restated Development Agreement in such form as shall be
consistent with the provisions of this Section 2 and as shall
be approved by counsel to the County (including the County
Attorney or Bond Counsel to the County), such approval to be
evidenced by the execution of the Amended and Restated
Development Agreement by the County Administrator.
SECTION 3. Approval of Amendment to Other Existing
Option Agreements and Support Agreement for the Acquisition
of the Coons Parcel. The Board of Supervisors hereby
approves the amendment of the other existing option
agreements by and between the IDA and the owners of various
parcels within the area encompassed by the proposed
Meadowville Technology Park and a support agreement by and
between the County and the IDA in connection with the
acquisition of the Coons parcel by the IDA. The County
Administrator is hereby authorized to execute and deliver a
support agreement by and between the County and the IDA in
connection with the acquisition of the Coons parcel by the
IDA in such form as shall be consistent with the provisions
of this Section 3 and as shall be approved by counsel to the
County (including the County Attorney or Bond Counsel to the
County), such approval to be evidenced by the execution of
the support agreement by the County Administrator.
SECTION 4. Approval of Preparation and Execution and
Delivery of Disclosure and Other Documents for Use by the IDA
in Connection with the Authorization, Issuance, Sale and
Delivery of and Security For the IDA Revenue Bonds. The
Board of Supervisors hereby approves the preparation and
execution on behalf of the County by the County Administrator
or other officials of the County of disclosure and other
documents for use by the IDA in connection with the
authorization, issuance, sale and delivery of and security
for the IDA Revenue Bonds in such form as shall be consistent
with the provisions of this resolution and as shall be
approved by counsel to the County (including the County
Attorney or Bond Counsel to the County), such approval to be
conclusively evidenced by the execution thereof by the
County Administrator or other officials of the County.
SECTION 5. Further Action. The County Administrator or
any Deputy County Administrator, the County Attorney, the
Director of Budget and Management, the Director of
Accounting, the County Treasurer and the Clerk of the Board
of Supervisors, or any of them, are hereby authorized to take
all such further action as they, or any of them, shall deem
to be necessary and desirable to carry out the purposes of
0~-985
12/15/0&
and to consummate the transactions
resolution.
contemplated by this
SECTION 6. Invalidity of Sections, Paragraphs, Clauses
or Provisions. If any section, paragraph, clause or
provision of this resolution shall be held invalid or
unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph, clause or
provision shall not affect any of the remaining portions of
this resolution.
SECTION 7. Headings of Sections. The headings of the
sections of this resolution shall be solely for convenience
of reference and shall not affect the meaning, construction,
interpretation or effect of such sections or of this
resolution.
SECTION 8. Effective Date.
effect upon its adoption.
This resolution shall take
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.l.f. RECOGNIZING MISS ANNA MARGARET YOKE UPON ATTAINING
THE ~OLD AWARD
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.6 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning four interest project patches,
the Career Exploration Pin, the Senior Girl Scout Leadership
Award, the Senior Girl Scout Challenge, and designing and
implementing a Girl Scout Gold Award project; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments
in the areas of leadership, community service, career
planning, and personal development; and
WHEREAS, the Girl Scout Award can only be earned by
girls aged 14-17 or in grades 9-12 and is received by less
than six percent of those individuals entering the Girl
Scouting movement; and
WHEREAS, Miss Anna Margaret Yoke, Troop 794, has
accomplished these high standards and has been honored with
the Girl Scouts of America Gold Award by the Commonwealth
Girl Scout Council of Virginia; and
WHEREAS, growing through her experiences in Girl
Scouting, learning the lessons of responsible citizenship,
and priding herself on the great accomplishments of her
country, Anna is indeed a member of a new generation of
prepared young citizens of whom we can all be very proud.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 15th day of December 2004,
04-986
12/15/04
recognizes Miss Anna Margaret Yoke, extends congratulations
on her attainment of the Gold Award and acknowledges the good
fortune of the county to have such an outstanding young woman
as one of its citizens.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.l.g. RECOGNIZING MS. ROSA KEARNS-SMITH, CHESTERFIELD
COUNTY PUBLIC LIBRARY, UPON HER RETIREMENT
On motion of ~£r. Warren, seconded by Mr. King, the Board
adopted the following resolution:
WHEREAS, Ms. Rosa Kearns-Smith retired from the
Chesterfield County Public Library after 27 years of service,
starting as children's librarian in July of 1977 and
supervising the Ettrick-Matoaca Branch Library for the past
25 years; and
WHEREAS, Ms. Kearns-Smith diligently supported the
Library's mission of bringing people and information together
by providing consistent excellence in customer service and
quality programs; and
WHEREAS, Ms. Kearns-Smith promoted literacy in the
Ettrick and Matoaca communities by cooperatively initiating
an adult literacy program in connection with the Tri-City
Literacy Council which continues to serve the community
through the RE~) Center; and
WHEREAS, Ms. Kearns-Smith organized several Ettrick
Community Day events at the library including her NACo award
winning Night of the Arts program, which promoted library use
and community awareness.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the contributions of
Ms. Rosa Kearns-Smith, expresses the appreciation of all
residents for her service to the Public Library, and extends
appreciation for her dedicated service and congratulations
upon her retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Ms. Kearns-Smith 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.
8.C.2. AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A
CONTRACT FOR CONSTRUCTION OF A NEW SOCCER FIELD AT
THE HARRY G. DANIEL PARK
On motion of Mir. Warren, seconded by Mr. King, the Board
authorized the County Administrator to execute a construction
contract with Farmville Excavation in the amount of $158,000
for the work a.t Harry G. Daniel Park at Iron Bridge, to
construct a new soccer field number 20.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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8 .C. 3. STATE ROAD ACCEPTANCE
On motion of Mr. Warren, 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.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Twe Chanae to the Secondarv Svstam of State HIQhwavs: Addltipn
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Windy Creek, Section A
· Windy Creek Circle, State Route Number: 5814
From: Dortonway Dr., (Rt. 2767)
To: Windy Creek Ct., (Rt. 5815), a distance of: 0.11 miles.
Right-of-way record was filed on 2/17/2004 with the Office Of Clerk To Circuit Court in Pb. 141; Pg. 16,
with a width of 40 Ft.
· Windy Creek Circle, State Route Number: 5814
From: Windy Creek Ct., (Rt. 5815)
To: Windy Creek Wy., (Rt. 5816), a distance of: 0.05 miles.
Right-of-way record was filed on 2/17/2004 with the Office Of Clerk To Circuit Court in Pb. 141; Pg. 16,
with a width of 40 Ft.
· Windy Creek Circle, State Route Number: 5814
From: Windy Creek Wy., (Rt. 5816)
To: Windy Creek Dr., (Rt. 5813), a distance of: 0.06 miles.
Right-of-way record was filed on 2/17/2004 with the Office Of Clerk To Circuit Court in Pb. 141; Pg. 16,
with a width of 40 Ft.
· Windy Creek Court, State Route Number: 5815
From: Windy Creek Ct., (Rt. 5814)
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To: Cul-de-sec, a distance of.' 0.03 miles.
Right-of-way record was filed on 2/17/2004 with the Office Of Clerk To Cimuit Court in Pb. 141; Pg. 16,
with a width of 40 Ft.
· Windy Creek Drive, State Route Number: 5813
From: Windy Creek Cr., (Rt. 5814)
To: Dortonway Dr., (Rt. 2767), a distance of: 0.05 miles.
Right-of-way record was flied on 2/17/2004 with the Office Of Clerk To Cimuit Court in Pb. 141; Pg. 16,
with a width of 40 Ft.
· Windy Creek Drive, State Route Number: 5813
From: Dortonway Dr., (Rt. 2767)
To: Windy Creek PI., (Rt. 5812), a distance of: 0.05 miles.
Right-of-way record was filed on 2/17/2004 with the Office Of Clerk To Cimuit Court in Pb. 141; Pg. 16,
with a width of 40 Ft.
· Windy Creek Place, State Route Number: 5812
From: Windy Creek Dr., (Rt. 58t 3)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 2/17/2004 with the Office Of Clerk To Cimuit Court in Pb. 141; Pg. 16,
with a width of 40 Ft.
· Windy Creek Place, State Route Number: 5812
From: Windy Creek Dr., (Rt. 5813)
To: Cul-de-sac, a distance of: 0.02 miles.
Right-of-way record was filed on 2/17/2004 with the Office Of Clerk To Circuit Court in Pb. 141; Pg. 16,
with a width of 40 Ft.
· Windy Creek Way, State Route Number: 5816
From: Windy Creek Cr., (Rt. 5814)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 2/17/2004 with the Office Of Clerk To Circuit Court in Pb. 141; Pg. 16,
with a width of 40 Ft.
And, further, the
WHEREAS, the
recorded in tke
Chesterfield County;
Board adopted the following resolution:
streets described below are shown on plats
Clerk's .Office of the Circuit Court of
and
WHEREAS, the Resident
Department of Transportation
streets meet the requirements
Street Requirements of
Transportation.
Engineer for the Virginia
has advised this Board the
established by the Subdivision
the Virginia Department of
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.
0&-989
12/15/0~
and drainage.
that a certified copy of
Engineer for the
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, BE IT FURTHER RESOLVED,
this resolution be forwarded to the Resident
Virginia Department of Transportation.
Tvoe ChanGe to the Secondary SYstem of State Highways: Addltipn
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Hampton Park, Section 18
· Hampton Valley Circle, State Route Number: 5773
From: Hampton Valley Dr., (Rt. 5689)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 11/12/2002 with the Office Of Clerk To Circuit Court in Pb. 130; Pg. 25,
with a width of 40 Ft.
· Hampton Valley Drive, State Route Number: 5689
From: 0.01 Mi. S of Hampton Valley Tr., (Rt. 5692)
To: Hampton Valley Tn., (Rt. 5771), a distance of: 0.05 miles.
Right-of-way record was filed on 11/12/2002 with the Office Of Clerk To Circuit Court in Pb. 130; Pg. 25,
with a width of 40 Ft.
· Hampton Valley Drive, State Route Number: 5689
From: Hampton Valley Tr;., (Rt 5771 )
To: Hampton Valley Mw., (Rt. 5772), a distance of: 0.13 miles.
Right-of-way record was filed on 11/12/2002 with the Office Of Clerk To Cimuit Court in Pb. 130; Pg. 25,
with a width of 40 Ft.
· Hampton Valley Drive, State Route Number: 5689
From: Hampton Valley Mw., (Rt. 5772)
To: 0.04 Mi. S of Hampton Valley Mw., (Rt. 5772), a distance of: 0.04 miles.
Right-of-way record was filed on 11/12/2002 with the Office Of Clerk To Circuit Court in Pb. 130; Pg. 25,
with a width of 40 Ft.
· Hampton Valley Mews, State Route Number: 5772
From: Hampton Valley Dr., (Rt. 5689)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 11/12/2002 with the Office Of Clerk To Circuit Court in Pb. 130; Pg. 25,
with a width of 40 Ft.
· Hampton Valley Turn, State Route Number: 5771
From: Hampton Valley Dr., (Rt. 5689)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 11/12/2002 with the Office Of Clerk To Circuit Court in Pb. 130; pg. 25,
0&-990
12/15/04
with a wklth of 40 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 Highways: Addition
Basle for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Second Branch, Section 4
· Balta Court, State Route Number: 5818
From: Balta Rd., (Rt. 4609)
To: Cul-de-sac, a distance of: 0.09 miles.
Right-of-way record was filed on 8/17/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg 41,
with a width of 50 Ft.
· Balta Road, State Route Number: 4609
From: 0.01 Mi. S of Devette Dr., (Rt. 5236)
To: Janeka Dr., (Rt. 5817), a distance of: 0.06 miles.
Right-of-way record was filed on 8/17/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg 41,
with a width of 50 Ft.
· Balta Road, State Route Number: 4609
From: Janeka Dr., (Rt. 5817)
To: Marek Dr., (Rt. 5819), a distance of: 0.14 miles.
Right-of-way record was filed on 8/17/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg 41,
with a width of 50 Ft.
· Balta Road, State Route Number: 4609
From: Marek Dr., (Rt. 5819)
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12/15/04
To: 0.09 Mi. E of Marek Dr., (Rt. 5819), a distance of: 0.09 miles.
Right-of-way record was filed on 8/17/2000 with the Office Of Clerk To Cimuit Court in Pb. 112; Pg 41,
with a width of 50 Ft.
· Hulaey Drive, State Route Number: 5820
From: Marek Dr., (Rt. 5819)
To: Cul-de-sac, a distance of: 0.14 miles.
Right-of-way record was filed on 8/17/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg 41,
with a width of 50 Ft.
· Janeka Drive, State Route Number: 5817
From: Balta Rd., (Rt. 4609)
To: Cul-de-sac, a distance of: 0.10 miles.
Right-of-way record was filed on 8/17/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg 41,
with a width of 50 Ft.
· Marek Drive, State Route Number: 5819
From: Balta Rd., (Rt. 4609)
To: Hulsey Dr., (Rt. 5820), a distance of: 0.11 miles.
Right-of-way record was filed on 8/17/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg 41,
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.
Two ChanGe to the Secondary Svstam of State Highways:
Basle for Change:
Statutory Reference:
Project:
Addition, New eubdivlaion street
Summer Lake, Section 2
Addltlpn
04-992
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· Kipper Drive, State Route Number: 5829
From: Summer Lake Dr., (Rt. 5828)
To: Kipper Tn., (Rt. 5830), a distance of: 0.03 miles.
Right-of-way record was filed on 11/22/2002 with the Office Of Clerk To Cimuit Court in Pb. 130; Pg. 50,
with a width of 40 Ft.
· Kipper Drive, State Route Number: 5829
From: Kipper Tn., (Rt. 5830)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was flied on 11/22/2002 with the Office Of Clerk To Cimuit Court in Pb. 130; Pg.50,
with a width of 40 Ft.
· Kipper Turn, State Route Number: 5830
From: Kipper Dr., (Rt. 5829)
To: 0.05 Mi. E of Kipper Dr., (Rt. 5829), a distance of: 0.05 miles.
Right-of-way record was filed on 11/22/2002 with the Office of Clerk To Cimuit Court in Pb. 130; Pg.50,
with a width of 40 Ft.
· Kipper Turn (Loop), State Route Number: 5830
From: 0.05 Mi. E of Kipper Dr., (Rt. 5829)
To: 0.05 Mi. E of Kipper Dr., (Rt. 5830), a distance of: 0.13 miles.
Right-of-way record was filed on 11/22/2002 with the Office Of Clerk To Cimuit Court in Pb. 130; Pg.50,
with a width of 195 Ft.
· Summer Lake Circle, State Route Number: 5827
From: Summer Lake Dr., (Rt. 5828)
To: 0.04 Mi. W of Summer Lake Dr., (Rt. 5828), a distance of: 0.04 miles.
Right-of-way record was filed on 11/22/2002 with the Office Of Clerk To Cimuit Court in Pb. 130; Pg.50,
with a width of 40 Ft.
· Summer Lake Circle (Loop), State Route Number: 5827
From: 0.04 Mi. W of Summer Lake Dr., (Rt. 5828)
To: 0.04 Mi. W of Summer Lake Dr., (Rt. 5828), a distance of: 0.13 miles.
Right-of-way record was filed on 11/22/2002 with the Office of Clerk To Circuit Court in Pb. 130; Pg.50,
with a width of 200 Ft.
· Summer Lake Drive, State Route Number: 5828
From: Jaydee Dr., (Rt. 5664)
To: Summer Lake Tn., (Rt. 5831), a distance of: 0.08 miles.
Right-of-way record was filed on 11/22/2002 with the Office Of Clerk To Circuit Court in Pb. 130; Pg.50,
with a width of 50 Ft.
·
From:
To:
Summer Lake Drive, State Route Number: 5828
Summer Lake Tn., (Rt. 5831)
0.02 Mi. S of Summer Lake Tn., (Rt. 5828), a distance of: 0.02 miles.
04-993
12/15/04
Right-of-way record was filed on 11/22/2002 with the Office Of Clerk To Cimuit Court in Pb. 130; Pg.50,
with a width of 50 Ft.
· Summer Lake Drive, State Route Number: 5828
From: Summer Lake Tn., (Rt. 5831)
To: Kipper Dr., (Rt. 5829), a distance of: 0.05 miles.
Right-of-way record was filed on 11/22/2002 with the Office Of Clerk To Circuit Court in Pb. 130; Pg.50,
with a width of 50 Ft.
· Summer Lake Drive, State Route Number: 5828
From: Kipper Dr., (Rt. 5829)
To: Summer Lake Mw., (Rt. 5832), a distance of: 0.06 miles.
Right-of-way record was filed on 11/22/2002 with the Office Of Clerk To Circuit Court in Pb. 130; Pg.50,
with a width of 50 Ft.
· Summer Lake Drive, State Route Number: 5828
From: Summer Lake Mw., (Rt. 5832)
To: Otterdale Rd., (Rt. 667), a distance of: 0.09 miles.
Right-of-way record was filed on 11/22/2002 with the Office Of Clerk To Circuit Court in Pb. 130; Pg.50,
with a width of 80 Ft.
· Summer Lake Mews, State Route Number: 5832
From: Summer Lake Dr., (Rt. 5828)
To: 0.05 Mi. N of Summer Lake Dr., (Rt. 5828), a distance of: 0.05 miles.
Right-of-way record was filed on 11/22/2002 with the Office Of Clerk To Circuit Court in Pb. 130; Pg.50,
with a width of 40 Ft.
· Summer Lake Mews (Loop), State Route Number: 5832
From: 0.05 Mi. N of Summer Lake Dr., (Rt. 5828)
To: 0.05 Mi. N of Summer Lake Dr., (Rt. 5828), a distance of: 0.07 miles.
Right-of-way record was filed on 11/22/2002 with the Office Of Clerk To Circuit Court in Pb. 130; Pg.50,
with a width of 130 Ft.
· Summer Lake Tum, State Route Number: 5831
From: Summer Lake Dr., (Rt. 5828)
To: Summer Lake Dr., (Rt. 5828), a distance of: 0.05 miles.
Right-of-way record was filed on 11/22/2002 with the Office Of Clerk To Circuit Court in Pb. 130; Pg.50,
with a width of 195 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
Department of Transportation
streets meet the requirements
Engineer for the Virginia
has advised this Board the
established by the Subdivision
04-994
12/15/04
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
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Type Change to the Secondary System of State Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Summer Lake, Section 3
· Jaydee Court, State Route Number: 5825
From: Jaydee Dr., (Rt. 5664)
To: Cul-de-sac, a distance of: 0.22 miles.
Right-of-way record was filed on 10/17/2003 with the Office Of The Clerk in Pb.138; Pg.12,
with a width of 40 Ft.
· Jaydee Drive, State Route Number: 5664
From: 0.06 Mi. SW of Jaydee PI., (Rt. 5665)
To: Jaydee Ct., (Rt. 5825), a distance of: 0.02 miles.
Right-of-way record was filed on 10/17/2003 with the Office Of The Clerk in Pb.138; Pg.12,
with a width of 44 Ft.
· Jaydee Drive, State Route Number: 5664
From: Jaydee Tr., (Rt. 5826)
To: 0.09 Mi. W of Jaydee Tr., (Rt. 5826), a distance of: 0.09 miles.
Right-of-way record was filed on 10/17/2003 with the Office Of Clerk To Cimuit Court in Pb.138; Pg.12,
with a width of 44 Ft.
· Jaydee Drive, State Route Number: 5664
From: Jaydee Ct., (Rt. 5825)
To: Jaydee Tr., (Rt. 5826), a distance of: 0.06 miles.
Right-of-way record was filed on 10/17/2003 with the Office Of Clerk To Circuit Court in Pb.138; Pg.12,
with a width of 44 Ft.
·
From:
To:
Jaydee Terrace, State Route Number: 5826
Jaydee Dr., (Rt. 5664)
Cul-de-sac, a distance of: 0.10 miles.
copy of
for the
04-995
12/15/04
Right~f-~y reco~ ~s fil~ ~ 1~17/2003 ~ ~e ~ ~ Cle~ ~ Cimu~ Cou~ in Pb,l~; Pg.12,
wi~awid~ ~ R.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.4. AWARD OF CONTRACTS
8.C.4.&. TO NEW MILLENIA LLC FOR CONSULTING SERVICES FOR THE
NEW INTEGRATED FINANCIAL AND H1]MAN RESOURCES/
PAYROLL INFOP~[ATION SYSTEM
On motion of Mr. Warren, seconded by Mr. King, the Board
approved the award of a contract to New Millenia LLC, in an
amount not to exceed $300,000, for the new integrated financial
and human resources/payroll information system, and authorized
the County Administrator to execute the necessary agreement for
consulting services.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.4 .b.
TO DANIEL AND COMPANY, INCORPORATED FOR THE
CONSTRUCTION OF THE POLICE EVIDENCE AND PROPERTY
STORAGE BUILDING
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the County Administrator to execute a contract
with Daniel and Company, Incorporated in the amount of
$2,644,000 and authorized the reallocation of funds within
the Capital Improvement Program for the construction of the
Police Evidence and Property Storage Building.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.5. REQUESTS TO QUITCLAIM
8.C.5.&. PORTIONS OF A SIXTEEN-FOOT AND TWENTY-FOOT DRAINAGE
EASEMENT (PUBLIC) AND A SIXTEEN-FOOT WATER EASEMENT
ACROSS THE PROPERTY OF LEE SCOTT, MANAGING TRUSTEE
FOR SAM'S REAL ESTATE BUSINESS TRUST
On motion of Mr. Warren, 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 16-foot and 20-foot drainage easement (public)
and a 16-foot water easement across the property of Lee
Scott, Managing Trustee for Sam's Real Estate Business Trust.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-996
12/15/04
8.C.5.b.
PORTIONS OF SIXTEEN-FOOT WATER EASEMENTS, A
SIXTEEN-FOOT SEWER EASEMENT, A VARIABLE WIDTH
DRAINAGE EASEMENT, AND A VARIABLE WIDTH VIRGiNIA
DEPARTMENT OF TRANSPORTATION SIGHT DISTANCE
EASEMENT ACROSS THE PROPERTY OF LEE SCOTT, MANAGING
TRUSTEE FOR WAL-MART REAL ESTATE BUSINESS TRUST
On motion of Mr. Warren, 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 16-foot water easements, a 16-foot sewer
easement, a variable width drainage easement, and a variable
width Virginia Department of Transportation sight distance
easement across the property of Lee Scott, Managing Trustee
for Wal-Mart Real Estate Business Trust. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.5.c. A SIXTEEN-FOOT AND VARIABLE WIDTH WATER EASE~.NT, A
TWENTY-FOOT STORM WATER MANAGEMENT SYSTEM/BEST
MANAGEMENT PRACTICE ACCESS EASEMENT AND A STORM
WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE
EASEMENT ACROSS THE PROPERTY OF IRENE W. CARNES
AND JOSEPH E. JACKSON
On motion of Mr. Warren, seconded by Mr. King, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
16-foot and variable width water easement, a 20-foot storm
water management system/best management practice access
easement and a storm water management system/best management
practice easement across the property of Irene W. Carnes and
Joseph E. Jackson. (It is noted copies of the plats are
filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.7. REQUESTS FOR PERMISSION
8.C.7.a. FROM ~ AND ANA RAIKA FOR A GRAVEL DUST AND
MULCH RAMP TO ENCROACH WITHIN A VARIABLE WIDTH
DRAINAGE EASEMENT (PRIVATE) AND A VARIABLE WIDTH
STORM WATER MANAGEMENT SYSTEM/BEST MANAGEMENT
PRACTICE EASEMENT ACROSS LOT 4, WATERVIEWS AT THE
RESERVOIR
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Kamran Raika and Ana Raika for
permission for a gravel dust and mulch ramp to encroach
within a variable width drainage easement (private) and a
variable width storm water management system/best management
practice maintenance agreement across Lot 4, Waterviews At
The Reservoir, 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, Barber, Humphrey, King and Warren.
Nays: None.
04-997
12/15/04
8.C.7.b.
FROM KIN YANWONG AND RONG SHENG HUANG FOR AN
EXISTING FENCE TO ENCROACH WITHIN A TWENTY-FOOT
SEWER ANDWATER EASEMENT, AN EIGHT-FOOT EASEMENT, A
VARIABLE WIDTH SEWER ANDWATER EASEMENT AND A STORM
WATER MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE
EASEMENT ACROSS LOT 23, MEADOWBROOK FARM, SECTION F
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Kin Yan Wong and Rong Sheng Huang for
permission for an existing fence to encroach within a 20-foot
sewer and water easement, an eight-foot easement, a variable
width sewer and water easement and a storm water management
system/best management practice easement across Lot 13,
Meadowbrook Farm, Section F, 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, Barber, Humphrey, King and Warren.
Nays: None.
8.C.7.c. FROM CENTRALIA LEASING, LLC TO INSTALL A PRIVATE
SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON CELEBRATION AVENUE
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Centralia Leasing, LLC for permission
to install a private sewer service within a private easement
to serve property at 4125 Celebration Avenue, 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, Barber, Humphrey, King and Warren.
Nays: None.
8 .C.7 .d.
FROM DUDLEY C. AND JEANNIE W. DUNCAN FOR AN
EXISTING PRIVATE DRAINAGE PIPE TO ENCROACH WITHIN A
VARIABLE WIDTH DRAINAGE EASEMENT (PRIVATE) ACROSS
LOT 1, WATERVIEWS AT THE RESERVOIR
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Dudley C. Duncan and Jeannie W.
Duncan for permission for an existing private drainage pipe
to encroach within a variable width drainage easement
(private) across Lot 1, Waterviews At The Reservoir, 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, Barber, Humphrey, King and Warren.
Nays: None.
8.C.7.e.
FROM EACHIRAND GHADA JAMIL FOR A DRIVEWAY AND
MASONRY COLUMNS TO ENCROACH WITHIN A FIFTY-FOOT
COUNTY UNIMPROVED RIGHT OF WAY
On motion of Mr. Warren, seconded by Mr. King, the Board
approved a request from Bachir Jamil and Ghada Jamil for
permission for a driveway and nine four-foot masonry columns
to encroach within a 50-foot county unimproved right of way,
subject to the execution of a license agreement. (It is
04-998
12/15/0,~
noted a copy of the vicinity sketch is filed with the papers
of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.8. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY FOR UNDER~ROUND CABLE TO SERVE TN~ NEW
ADDITION TO ~REENFIELD ELEMENTARY SCHOOL
On motion of Mr. Warren, 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 Greenfield Elementary School. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.9. DESIGNATION OF RIGHT OF WAY ANDVIR~INIA DEPARTMENT
OF TRANSPORTATION SLOPE AND DRAINAGE EASEMENTS FOR
THE NEW COSBY ROAD HIgH SCHOOL
On motion of Mr. Warren, seconded by Mr. King, the Board
designated right of way and Virginia Department of
Transportation slope and drainage easements for the new Cobsy
Road High School, and authorized the County Administrator to
execute the Declaration. (It is noted a copy of the plats
are filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.10. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
CLOVER HILL DISTRICT IMPROVEMENT FUND TO THE
CHESTERFIELD COUNTY DEPARTMENT OF ENVIRONMENTAL
EN~INEERIN~ FOR STORM DAMAGE RESTORATION AT THE
COUNTY-OWNED POND CALLED LAKE ~EOR~E
On motion of Mr. Warren, seconded by Mr. King, the Board
transferred $10,000 from the Clover Hill District Improvement
Fund to the Chesterfield County Department of Environmental
Engineering for storm damage restoration to the county-owned
pond called Lake George.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.11. TRANSFER OF FUNDS
8.C.11.&. FOR ROUTE 360 WIDENIN~ (SWIFT CREEK - WINTERPOCK
ROAD) AND ROUTE 10 WIDENIN~ (I-95 - WAP~ BOTTOM
SPRIN~ ROAD) BOND REFERENDUM PROJECTS; AND
APPROPRIATION OF ROAD CASH PROFFERS FOR ROUTE 10
WIDENIN~
On motion of Mr. Warren, seconded by Mr. King, the Board
transferred $400,000 from the General Road Improvement
Account for the Route 360 widening project (Swift Creek -
04-999
12/15/04
Winterpock Road) engineering; transferred $95,000 from the
General Road Improvement Account and appropriated $305,000
from road cash proffers (Case 94SN0197) for the Route 10
widening project (I-95 - Ware Bottom Springs Road);
reimbursed the General Road Improvement Account transfers
upon the sale of the road bonds; and authorized the County
Administrator to enter into the necessary county/Virginia
Department of Transportation/consultant/contractor, design,
right-of-way acquisition, environmental permits, and/or
construction agreements, acceptable to the County Attorney,
for the projects.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.11.b. FOR THE ROUTE 360 WESTBOUND WIDENING PROJECT
On motion of Mr. Warren, seconded by Mr. King, the Board
transferred $600,000 from the Powhite Parkway Extension
Greensprings account to the Route 360 westbound widening
project, and authorized the County Administrator to execute a
second Virginia Department of Transportation/county Westbound
Widening Reimbursement Agreement, acceptable to the County
Attorney, which provides for a conditional reimbursement to
the county for the $600,000 advancement.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.12. SET A PUBLIC HEARING TO CONSIDER THE RECEIPT AND
APPROPRIATION OF GRANT FUNDS FROM THE FEDERAL
EMERGENCY MANAGEMENTAGENCY (FEMA) THROUGH THE
HAZARD MITIC~ATION GRANT PROGRAM (HI~GP)
On motion of Mr. Warren, seconded by Mr. King, the Board set
the date of January 12, 2004 at 7:00 p.m. for a public
hearing for the Board to consider the receipt and
appropriation of $762,077 in federal and state grant funds
from the Federal Emergency Management Agency through the
Hazard Mitigation Grant Program, and to approve the
appropriation of in-kind local match funds in the amount of
$39,231.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.13. ACCEPTANCE OF OPEN SPACE EASEMENTS
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted open space easements as shown on maps filed with the
papers of this Board, and authorized the County Administrator
to execute the easement agreements.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
8.C.14. ACCEPTANCE OF A SIXTY-FOOT RIGHT OF WAY FOR ACCESR
TO EPP~GTON
On motion of Mr. Warren, seconded by Mr. King, the Board
accepted the conveyance of a 60-foot right of way for access
04-1000
12/15/04
to Eppington, and authorized the County Administrator to
execute the deeds. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORTS
10.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
10.B. REPORT ON STATUS OF ~ENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS
AND LEASE PURCHASES
10.C. ROADS ACCEPTED INTO THE STATE SECONDARY SYSTEM
On motion of Mrs. Humphrey, seconded by Mr. Barber, 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
SAINT JAMES WOODS, SECTION L
Bantry Drive (Route 5647) - From 0.02 mile
south of Explorer Drive (Route 3998) to
Westbury Knoll Lane (Route 3979)
0.05 Mi.
Bantry Drive (Route 5647) - From Westbury
Knoll Lane (Route 3979) to 0.04 mile south
of Westbury Knoll Lane (Route 3979)
0.04 Mi.
Westbury Bluff Drive (Route 3978) - From 0.01
mile south of Westbury Knoll Lane (Route
3979) to Cul-de-sac
0.04 Mi.
Westbury Knoll Lane (Route 3979) - From 0.01
mile east of Westbury Bluff Drive (Route 3978)
to Bantry Drive (Route 5647)
0.08 Mi.
Westbury Knoll Lane (Route 3979) - From Bantry
Drive (Route 5647) to Cul-de-sac
0.03 Mi.
STONEY GLEN SOUTH, SECTION 3
Claybon Lane (Route 5669) - From 0u04 mile east
of Woodleigh Drive (Route 5668) to Claybon
Terrace (Route 5769)
0.03 Mi.
Claybon Lane (Route 5669) - From Claybon Terrace
(Route 5769) to Cul-de-sac
0.11 Mi.
04-1001
12/15/04
Claybon Terrace (Route 5769) - From Claybon
Lane (Route 5669) to Cul-de-sac
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
0.11 Mi.
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1),
CODE OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE
PERFOP~h%NCE OF A SPECIFIC EMPLOYEE OF THE COUNTY AND
PURSUANT TO SECTION 2.2-3711(A)(3), TO DISCUSS WITH
LEGAL COUNSEL THE ACQUISITION OF REAL ESTATE FOR A
PUBLIC PURPOSE WHERE DISCUSSION IN ANOPEN MEETING
WOULD ADVERSELY AFFECT THE BARGAINING POSITION OR
NEGOTIATING STRATEGY OF THE PUBLIC BODY
On motion of Mr. Barber, seconded by Mr. King, the Board went
into a Closed Session pursuant to Section 2.2-3711(A)(1),
Code of Virginia, 1950, as amended, relating to the
performance of a specific employee of the county and pursuant
to Section 2.2-3711(A)(3), to discuss with legal counsel 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, Barber, Humphrey, King and Warren.
Nays: None.
Reconvening:
On motion of Mr. King, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Session to which
this certification applies, and
ii) only such public business matters as were identified
in the Motion by which the Closed Session was convened were
heard, discussed, or considered by the Board. No member
dissents from this certification.
The Board being polled, the vote was as follows:
Mr. Warren: Aye.
Mr. King: Aye.
Mrs. Humphrey: Aye.
Mr. Barber: Aye.
Mr. Miller: Aye.
04-1002
12/15/04
8.C. 6. APPROVAL OF THE PURCHASE OF TWO PARCELS OF LAND FOR
GENITO ROAD HIGH SCHOOL
On motion of Mr. Warren, seconded by Mr. Barber, the Board
approved the purchase of a parcel of land containing 68.333
acres, more or less, for $5,808,305, from Genito Partnership
I, and a parcel of land containing 12.352 acres, more or
less, for $248,892.80, from Old Hundred Mill, Incorporated,
for Genito Road High School, and authorized the County
Administrator to execute the deeds. (It is noted copies of
the plats are filed with the papers of this Board.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
12. DINNER
On motion of Mr. Barber, seconded by Mr. King, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Reconvening:
13. INVOCATION
Pastor Murray
invocation.
Davis, Emmaus Community Church, led the
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Jonathan Yoke led the Pledge of Allegiance to the
flag of the United States of America.
15. RESOLUTIONS AND SPECIAL RECOGNITIONS
15.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
15.B.1.
15.B.2.
15.B.3.
EAGLE SCOUT
JONATHAN YOKE, MATOACA DISTRICT
MATTHEW DEANE, MIDLOTHIAN DISTRICT
JOHN HUGHES III, MIDLOTHIAN DISTRICT
Mr. Hammer introduced Mr. Jonathan Yoke, Mr. Matthew Deane
and Mr. John Hughes who were present to receive resolutions.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
04-1003
12/15/04
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to their community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law
Mr. John Lawrence Hughes III and Mr. Matthew Talbert
Deane, Troop 800, sponsored by Bethel Baptist Church; and Mr.
Jonathan Henry Yoke, Troop 806, sponsored by Woodlake United
Methodist Church, have accomplished those high standards of
commitment and have reached the long-sought goal of Eagle
Scout which is received by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through their experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare themselves for roles as leaders in
society, John Matthew and Jonathan have distinguished
themselves as members of a new generation of prepared young
citizens of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 15tn day of December 2004,
hereby extends its congratulations to Mr. John Lawrence
Hughes III, Mr. Matthew Talbert Deane and Mr. Jonathan Henry
Yoke, and acknowledges the good fortune of the county to have
such outstanding young men as its citizens.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolutions to Mr.
Hughes, Mr. Deane and Mr. Yoke, accompanied by members of
their family, congratulated them on their outstanding
achievement, and wished them well in their future endeavors.
Mr. Barber presented Eagle Scout patches to Mr. Hughes, Mr.
Deane and Mr. Yoke and congratulated them on their
accomplishments.
Mr. Hughes expressed appreciation to God, Bethel Baptist
Church, his parents and others for their support.
Mr. Dean expressed appreciation to God, his parents and troop
leader for their support.
Mr. Yoke expressed appreciation to God, his parents, members
of his troop and scoutmaster for their support.
15.C. RECOGNIZING MS. MEREDITH BONNY FOR OUTSTANDING ~tlgDIA
COVERAGE OF CHESTERFIELD COUNTY
On motion of the Board, the following resolution was adopted:
WHEREAS, Ms. Meredith Bonny has covered Chesterfield
County government for the past five years as a reporter for
the Richmond Times-Dispatch newspaper; and
04-1004
12/15/0~
WHEREAS, this is an unusually long tenure for a reporter
in this region; and
WHEREAS, during that time, Ms. Bonny has researched and
written about a wide variety of Chesterfield County and
regional topics, and has been the most prolific writer about
Chesterfield County issues; and
WHEREAS, her articles have included coverage of many
significant events, such as Hurricane Isabel and Chesterfield
County's actions taken to deal with this storm, which was the
worst natural disaster to strike Central Virginia in recent
memory; and
WHEREAS, Ms. Bonny also wrote about Tropical Storm
Gaston and the dramatic and deadly flooding that it brought
to the region, as well as about droughts that beset the
county in other years; and
WHEREAS, her articles have also covered such diverse
topics as residential growth; a multitude of planning and
zoning matters; bond referendum information; the Rayon Park
community; redevelopment of the Cloverleaf Mall; the county's
efforts to protect the environment and drinking water
supplies; and issues of particular interest to seniors; and
WHEREAS, Ms. Bonny underwent training by the
Chesterfield County Department of Fire and Emergency Medical
Services in order to gain insights into that department
before writing a series of articles about its mission; and
WHEREAS, Ms. Bonny also went to Afghanistan to cover U.
S. operations there, telling the story of Richmond-area
military personnel serving in that theater of operations; and
WHEREAS, Ms. Bonny attended and reported on a large
number of special events such as ribbon-cuttings of new
businesses, roads and facilities in Chesterfield County; and
WHEREAS, Ms. Bonny devoted many hours, including
attending many Planning Commission and Board of Supervisors
meetings lasting well into the night, in order to gather
information for her articles; and
WHEREAS, Ms. Bonny's articles have helped to keep
Richmond Times-Dispatch readers apprised of many county
programs and services, as well as about matters being
deliberated by the Planning Commission and the Board of
Supervisors.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 15th day of December 2004,
publicly recognizes Ms. Meredith Bonny's long professional
association with Chesterfield County, thanks her for helping
to share information about Chesterfield County with Metro
Richmond-area residents, and wishes her success in her future
endeavors as she is reassigned to cover Henrico County
government in the upcoming year.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-1005
12/15/04
Mr. Miller presented the executed resolution to Ms. Bonny,
accompanied by Mr. Ramsey, and both he and Mr. Ramsey expressed
appreciation for the excellent media coverage she provided to
Chesterfield County.
Ms. Bonny expressed appreciation to the Board for the
recognition and to staff for their patience with her. She
stated she has enjoyed covering the county.
16. REQUESTS FOR MOBILE HOME PErMiTS AND REZONING PLAC~D ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDERs
- 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
HEARD AT SECTION 18
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 March 9, 2005.
Mrs. Gloria Frye, representing the applicant,
deferral until March 9, 2005.
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. Barber, the Board
deferred Case 04SN0273 until March 9, 2005.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0269
In Clover Hill Magisterial District, STAR LLC requests
rezoning and amendment of zoning district map from
Agricultural (A) and Residential (R-7) to Residential (R-12)
and (R-15). Residential use of up to 3.63 units per acre is
permitted in a Residential (R-12) District and up to 2.9
units per acre is permitted in a Residential (R-15) District.
The Comprehensive Plan suggests the property is appropriate
for residential use of 1.0 - 2.5 dwelling units per acre.
This request lies on 80.5 acres fronting approximately 1,880
feet on the east line of Claypoint Road across from Misty
04-1006
12/15/04
Spring Drive, also fronting approximately 210 feet on the
west line of Alberta Road approximately 295 feet south of
Carol Anne Road and at the southern terminus of Parrish Creek
Lane. Tax IDs 742-675-9499, 743-675-1820 and 744-676-3373
(Sheet 16).
Mr. Turner presented a summary of Case 04SN0269 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Andy Scherzer, 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. Warren, seconded by Mr. King, the Board
approved Case 04SN0269 and accepted the following proffered
conditions:
1. Public water shall be used. (U)
o
Public wastewater shall be used. In the event that
gravity sewer cannot be achieved on a portion of this
property, septic systems shall be permitted and shall
comply with Ordinance standards for residential lots
with septic systems. The maximum number of septic lots
shall not exceed twelve (12) lots. (U & H)
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:
ao
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)
o
Ail dwelling units shall have a minimum gross floor area
of 2000 square feet. (P)
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)
04-1007
12/15/04
A maximum of one hundred seventy (170) lots shall be
permitted on the property. (P)
o
Direct access from the property to Claypoint Road shall
be limited to one (1) public road. The exact location
of this access shall be approved by the Transportation
Department. (T)
In conjunction with recordation of the initial
subdivision plat, forty five (45) feet of right-of-way
on the east side of Claypoint Road, measured from the
centerline of that part of Claypoint Road immediately
adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
10.
To provide an adequate roadway system at the time of
complete development, the owner/developer shall be
responsible for the following:
Construction of additional pavement along Claypoint
Road at the approved access to provide a right and
left turn lanes, if warranted, based on
Transportation Department standards;
bo
Widening/improving the east side of Claypoint Road
to an eleven (11) foot wide travel lane, measured
from the existing centerline of the road, with an
additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder, and
overlaying the full width of the road with one and
one half (1.5) inch of compacted bituminous asphalt
concrete, with modifications approved by the
Transportation Department, for the entire property
frontage; and
C o
Dedication to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for the improvements identified
above. (T)
11.
Prior to any construction plan approval, a phasing plan
for the required road improvements, as identified in
Proffered Condition 10 above, shall be submitted to and
approved by the Transportation Department. (T)
12.
There shall be no street connection from Claypoint Road,
cross the creek, to Alberta Road. (T)
13.
The subdivision development(s) located on the property
shall not incorporate the names "Parrish Branch",
"Stanwick" or "Swift Creek Crossing" in their recorded
subdivision name(s). (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0319
In Clover Hill Magisterial District, R. C. WHEELER
CONSTRUCTION requests rezoning and amendment of zoning
06-1008
12/15/0~
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 to 4.0 units per acre. This request lies on 6.8 acres
fronting approximately 260 feet on the west line of South
Providence Road, approximately 790 feet north of Scottingham
Drive. Tax IDs 758-702-2534 and 7625 (Sheet 7).
Mr. Turner presented a summary of Case 04SN0319 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. David Barthol, 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. Warren, seconded by Mrs. Humphrey, the Board
approved Case 04SN0319 and accepted the following proffered
conditions:
The public water and wastewater system shall be used.
(u)
o
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:
$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 fifteen (15) years of receipt, the
cash shall be returned in full to the payor. (B&M)
o
Direct access from the property to Providence Road shall
be limited to the existing driveway that serves the
property identified as Tax ID 758-702-7625 and one (1)
public road. The exact location of this public road
shall be determined by the Transportation Department.
(T)
o
In conjunction with recordation of the initial
subdivision plat, forty five (45) feet of right-of-way
along the western line of Providence Road, measured from
the centerline of that part of Providence Road
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
04-1009
12/15/04
o
Prior to the issuance of an occupancy permit, the
developer shall be responsible for the following
improvements: 1) construction of additional pavement
along South Providence Road at the approved access point
to provide a right turn lane, and 2) widening/improving
the west side of South Providence Road to an eleven (11)
foot wide travel lane, measured from the centerline of
the road, with an additional one (1) foot wide paved
shoulder plus a seven (7) foot wide unpaved shoulder,
with any modifications approved by the Transportation
Department, for the entire property frontage. The
developer shall dedicate, free and unrestricted, to and
for the benefit of Chesterfield County any additional
right-of-way (or easements) required for these
improvements. (T)
Development shall be limited to a maximum of 13 lots.
(p)
The overall average lot size shall be a minimum of
16,000 square feet. (P)
Dwelling units shall have a minimum gross floor area of
1,800 square feet. (P & BI)
o
The tentative subdivision plan shall be considered by
the Planning Commission for the purpose of evaluating
the location of roads and the mitigation of the impact
of such roads on the adjacent properties to the north.
(p)
10.
Ail exposed portions of the foundation, and exposed
piers supporting front porches shall be faced with brick
veneer. (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0329
In Bermuda Magisterial District, KATHRYN C. FRATARCANGELO, ET
AL requests rezoning and amendment of zoning district map
from Community Business (C-3) to Agricultural (A) with
Conditional Use to permit Community Business (C-3) uses, plus
display sheds, garages, carports and house sales, including
~shell" houses sales, plus Conditional Use Planned
Development to permit exceptions to Ordinance standards. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for regional mixed use.
This request lies on 0.6 acre fronting approximately ninety
(90) feet on the east line of Jefferson Davis Highway,
approximately 280 feet north of Melba Street. Tax ID 795-
664-8967 (Sheet 26).
Mr. Turner presented a summary of Case 04SN0329 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Dean Hawkins, representing the applicant,
recommendation is acceptable.
stated the
04-1010
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 04SN0329 and accepted the following proffered
conditions:
Prior to any site plan approval, sixty (60) feet of
right-of-way on the east side of U.S. Routes 1 & 301, as
measured from the centerline of that part of U.S. Route
1 & 301 immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the County
of Chesterfield. (T)
Uses permitted shall be limited to those or with
restrictions in the Community Business (C-3) District,
plus the following additional use:
Display sheds, garages, carport and house sales
including ~'shell" houses sales, subject to the following
restrictions:
This use shall be granted for a period not to
exceed ten (10) years from the date of approval,
shall be limited to use by Melvin Fisher only, and
shall not otherwise be transferable nor run with
the land.
bo
No goods shall be produced on the premises for
retail sale.
C ·
Ail display areas, buildings, drives and parking
areas shall have a minimum twenty-five (25) foot
setback from the ultimate right-of-way from U.S.
Routes 1 & 301. Within this setback, landscaping
shall be provided in accordance with Zoning
Ordinance requirements of Perimeter Landscaping B.
d. Compliance with Proffered Condition 3.
so
The only improvements permitted shall be the
placement of display sheds, garages, carports and
shall houses for sale, driveways, parking areas and
required landscaping as stated herein; provided
that the display sheds, garages, carports and shall
houses are self supporting or self contained units
without permanent foundations and are capable of
easily being moved form the site. (P)
Those uses permitted by this Conditional Use shall be
developed in accordance with the Zoning Ordinance
requirements for the Jefferson Davis Highway Corridor.
(p)
Direct access form the property to U.S. Route 1 & 301
shall be limited to one (1) entrance/exit. The exact
location of this entrance/exit. The exact location of
this entrance/exit shall be determined by the
Transportation Department. Prior to the construction of
this entrance/exit, the existing southernmost
entrance/exit on the adjacent property to the north
shall be closed, as determined by the Transportation
04,-1011
12/15/0~
Department. Prior to any site plan approval, an access
easement, acceptable to the Transportation Department,
must be recorded from the approved entrance/exit on U.S.
Routes 1 & 301 to the adjacent property to the south.
(Tax ID 795-644-8959). (T)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
058N0104
In Matoaca Magisterial District, COMMERCIAL LAND DEVELOPMENT
requests rezoning and amendment of zoning district map from
Agricultural (A) and General Business (C-5) to Community
Business (C-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 mixed use corridor use. This
request lies on 1.5 acres fronting approximately 370 feet on
the north line of Hull Street Road approximately 910 feet
east of Cosby Road. Tax IDs 718-671-3035 and 4837 (Sheet
15).
Mr. Turner presented a summary of Case 05SN0104 and stated
the Planning Commission and staff recommended approval
subject to one condition and acceptance of the proffered
conditions.
Mr. Chuck Rothenberg, 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. Warren, the Board
approved Case 05SN0104 subject to the following condition:
The Textual Statement dated July 7, 2004 shall be considered
the Master Plan.
And, further,
conditions:
the Board accepted the following proffered
The property owners and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the property under consideration will be developed according
to the following proffers if, and only if, the rezoning
request submitted herewith is granted with only those
conditions agreed to by the owners and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owners and applicant, the proffers shall
immediately be null and void and of no further force or
effect.
No Loading. There shall be no loading areas between
any buildings and the northern property line. (P)
04-1012
12/15/04
2. Public Utility. The public wastewater system shall be
utilized. (U)
3. Transportation.
Prior to any site plan approval, one hundred (100)
feet of right of way on the north side of Route 360
measured from the centerline of that part of the
roadway immediately adjacent to the property shall
be dedicated free and unrestricted to and for the
benefit of Chesterfield County.
bo
Direct access from the Property to Route 360 shall
be limited to one entrance/exit. This
entrance/exit shall be designed to permit right
turns only. The exact location of this
entrance/exit shall be determined by the
Transportation Department.
To provide an adequate roadway system, the
owner/developer shall be responsible for the
following:
construction of an additional lane of pavement
along Route 360 for the entire property
frontage;
ii.
construction of additional pavement along
Route 360 to provide a separate right turn
lane at the approved entrance/exit, based on
Transportation Department standards; and
iii. dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way
(or easements) required for the improvements
identified above.
Prior to any site plan approval, a phasing plan for
the required road improvements, as identified in
condition 3.c~, shall be submitted to and approved
by the Transportation Department. (T)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
05S~0110
In Matoaca Magisterial District, GLENN M. HILL 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 1-5 acre lots suited
for R-88 zoning. This request lies on 10.7 acres lying
approximately 245 feet off the terminus of Point Landing
Court, approximately 370 feet northeast of Hill Creek Drive.
Tax ID 740-671-1072 (Sheet 16).
Mr. Turner presented a summary of Case 05SN0110 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
0~-1013
12/15/04
Mr. Delmonte Lewis, 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. Warren, the Board
approved Case 05SN0110 and accepted the following proffered
conditions:
1. Public water and wastewater systems shall be used. (U)
With the exception of timbering which has been approved
by the Virginia State Department of Forestry for the
purpose of removing dead diseased trees, there shall be
no timbering on the Property until a Land Disturbance
Permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
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 per dwelling unit, if paid prior to July 1,
2005; or
The amount approved by the Board of Supervisors not
to exceed $11,500 per dwelling unit adjusted upward
by an 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)
No more than 21 residential lots shall be developed on
the subject property. (P)
Ail dwelling units shall have a minimum gross floor area
of 1,700 square feet except for dwelling units with more
than one story which shall have a minimum gross floor
area of 2,000 square feet. (P)
Minimum lot area shall be 15,000 square feet, the
average lot size shall not be less than 17,855 square
feet. (P)
o
The developer shall dedicate to and for the benefit of
Chesterfield County, free and unrestricted, a thirty
(30) foot wide ingress/egress easement along the length
of Swift Creek from the eastern to western parcel
boundaries. This easement to be located within the
limits of the R.P.A of Swift Creek and to be used by the
Parks and Recreation Department for the recreational
trail. (P& R)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
12/15/0g
05SN0114
In Dale Magisterial District, HULL STREET ROAD LLC requests
amendment to zoning (Case 02SN0281) and amendment of zoning
district map to permit warehouse use within 200 feet of Hull
Street Road. 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 a General
Business (C-5) District on 13.4 acres and is known as 10705
Hull Street Road. Tax ID 746-684-6733 (Sheet 10).
Mr. Turner presented a summary of Case 05SN0114 and stated
the Planning Commission and staff recommended approval and
acceptance of one proffered condition.
Mr. Steve Gray, representing
recommendation is acceptable.
the applicant, 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 05SN0114 and accepted the following proffered
condition:
Within 200 feet of the ultimate right-of-way of Hull Street
Road, uses permitted shall be restricted to those permitted
by right or with restrictions in the Community Business (C-3)
District, except that, in addition, warehouse use limited to
self-storage facilities shall be permitted provided that:
the self-storage facilities shall be located within the same
structure of Community Business (C-3) uses permitted herein;
self-storage facilities shall not front on or be oriented
towards Hull Street Road; and, loading areas shall face
generally to the south.
(NOTE: This Condition supercedes Proffered Condition 1 of
Case 02SN0281. All other conditions of Case 02SN0281 remain
in force and effect.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
05SN0177
In Bermuda Magisterial District, GIDEON M. ELLIOTT requests a
Manufactured Home Permit to park a manufactured home in a
Residential (R-7) District. The density of this proposal is
approximately 2.13 units per acre. The Comprehensive Plan
suggests the property is appropriate for residential use of
7.01 units per acre or more. This property is known as 2523
Dwight Avenue. Tax ID 792-676-4351 (Sheet 18).
Mr. Turner presented a summary of Case 05SN0177 and stated
staff recommends approval for a period of seven years subject
to conditions.
Mr. Gideon Elliott stated the recommendation is acceptable.
04,-1015
12/15/0~
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 05SN0177 subject to the following conditions:
The applicant, Gideon M. Elliott and his family, shall
be the occupant of the manufactured home.
Manufactured Home Permit shall be granted for a period
not to exceed seven (7) years from date of approval.
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.
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.
05SR0179
In Bermuda Magisterial District, RAYMOND A. LINK requests
renewal of Manufactured Home Permit 97SR0122 to park a
manufactured home in a Residential (R-7) District. The
density of this proposal is approximately 2.33 units per
acre. The Comprehensive Plan suggests the property is
appropriate for residential use of 7.01 units per acre or
more. This property is known as 2679 Drewry's Bluff Road.
Tax ID 789-680-8239 (Sheet 18).
Mr. Turner presented a summary of Case 05SR0179 and stated
staff recommended approval for a period of seven years
subject to conditions.
Mr. Raymond Link stated the recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
On motion of Mr. King, seconded by Mr. Warren, the Board
approved Case 05SR0179 subject to the following conditions:
The applicant shall be the owner and occupant of the
manufactured home.
Manufactured Home Permit shall be granted for a period
not to exceed seven (7) years from date of approval.
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.
No additional permanent-type living space, other than
the existing additions, may be added onto the
0~-1016
12/15/0~
manufactured home. Use of the existing additions to the
manufactured home may be continued during the renewal
period; however, such additions may not be enlarged,
extended, reconstructed, substituted or structurally
altered. The manufactured home shall be skirted but
shall not be placed on a permanent foundation.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04SN0314
In Bermuda Magisterial District, TASCON GROUP, INC. requests
rezoning and amendment of zoning district map from
Neighborhood Business (C-2), Corporate Office (0-2) and
Residential Townhouse (R-TH) to Multifamily Residential (R-
MF) with Conditional Use Planned Development to permit
exceptions to Ordinance requirements. Residential use of up
to 10 units per acre is permitted in a Multifamily
Residential (R-MF) District. The Comprehensive Plan suggests
the property is appropriate for mixed use: neighborhood
office and single family residential use. This request lies
on 51.8 acres fronting approximately 2,500 feet on the north
line of Iron Bridge Road, also fronting approximately 1,200
feet on the east line of Chalkley Road and located in the
northeast quadrant of the intersection of these roads. Tax
IDs 779-654-Part of 8243; 780-653-Part of 6032 and 7185; 780-
654-Part of 0614 and 8207; 781-652-5796; 781-653-0770, 7245
and 9416; and 782-653-0241 (Sheet 26).
Ms. Jane Peterson presented a summary of Case 04SN0314 and
stated staff recommends approval subject to the applicant
addressing impacts on capital facilities, setbacks from
commercial tracts and project focal point. She further
stated, although the proposal complies with the Chester
Village Plan, the proffered conditions do not adequately
address the impact of the development on necessary capital
facilities, and the application fails to provide appropriate
setbacks from commercial tracts and sufficient amounts of
open space. She stated the Planning Commission recommended
approval and acceptance of the proffered conditions,
indicating that the proffered conditions ensure better
quality of development than provided under the existing
zoning.
Mr. Andy Scherzer, representing the applicant, stated the
applicant has proposed a 25-foot setback along the border of
the existing C-2 zoning. He further stated there is an
agreement with the existing property owners that they would
maintain a 25-foot setback on the opposite side of their line
at a minimum. He stated the zoning ordinance currently
requires at least a 50-foot setback on the commercial side in
addition to the 25-foot setback being proposed by the
applicant. He further stated the applicant has also proposed
to have landscaping incorporated into the 25-foot setback.
He noted the community supports the setback agreement between
the applicant and the existing property owners. He stated
there is a five-acre lake in the midst of the development
which will be a visual amenity or focal point in addition to
the other two proposed half-acre focal points. He further
stated the proposal includes public streets and street trees
as well as sidewalks, indicating that the development will be
04-1017
12/15/04
more oriented towards a single-family look than a townhouse
development. He stated the applicant has agreed to pay a
full cash proffer for every unit over 106 as well as a
partial cash proffer on schools, even though the applicant
has a long track record for not generating school aged
children. He noted the road impact of the proposed
development will generally not occur during peak hours as the
Tascon developments have a track record of being retirement
communities.
In response to Mr. Miller's question, Mr. Scherzer stated the
lake will be maintained by the homeowners' association as
well as a minimum of 25 feet by the adjacent property owner.
Discussion ensued relative to enforcement of the buffer
agreement by the adjacent property owner.
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mr. King stated the cash proffer policy had been amended to
eliminate credits on property zoned for residential purposes
unless the new proposal would result in a better quality of
development than what could occur under the old zoning. He
further stated that in the opinion of the Planning Commission
and his analysis of the case, the proposal represents a
better quality of development.
In response to Mr. King's question, Ms. Peterson stated, as
the C-2 property is developed, the developer may ask for an
exception to allow a buffer reduction. She further stated
the R-MF applicant would also have to come back before the
Commission to request a buffer exception.
Mr. King stated he does not want anything to inhibit the use
of C-2 property along Route 10. He expressed concerns that
there is nothing to prohibit the adjacent property owners
from raising issues regarding requests for buffer reductions.
He stated the track record of the applicant indicates there
will not be an impact on the schools. He further stated he
is pleased that the community supports the proposal.
Mr. King then made a motion, seconded by Mr. Barber, for the
Board to approve Case 04SN0314 and accept the following
proffered conditions:
Zoning Plan. Tracts shall be located as generally
depicted on the Zoning Plan, dated June 3, 2004 and
revised October 16, 2004 and prepared by Balzer &
Associates, Inc., but the location and size of Tracts A,
B and C may be modified provided the tracts generally
maintain their relationship with each other and any
adjacent properties. A plan for any such Tract
adjustment shall be submitted to the Planning Department
for review and approval. Such plan shall be subject to
appeal in accordance with provisions of the Zoning
Ordinance for Site Plan appeals. (P)
o
Master Plan. The textual statement dated June 3, 2004
and revised on November 16, 2004, shall be considered
~The Master Plan". (P)
04-1018
12/15/04
o
Utilities. Public water and wastewater shall be used.
(u)
Timbering. 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)
Drainage and Water Quality.
so
A water quality plan, including an assessment of
baseline conditions, for protection and monitoring
of the water quality of the Chester Fishing Club
pond and agreeable to the Chester Fishing Club,
that is approved by the Office of Water Quality
shall be submitted to the Planning Commission for
review and approval prior to or in conjunction with
any site plan and/or subdivision plan approval.
The intent of the plan is to preserve the existing
water quality of the Chester Fishing Club pond.
(OWQ)
bo
If this development causes degradation of water
quality in the Chester Fishing Club pond, the
developers shall provide the necessary remedy to
the extent caused by development. The proposed
remedy shall be reviewed and approved by the Office
of Water Quality.
C ·
The lake in the Ironbridge development was designed
using runoff from this project site based on
residential development. An analysis must be made
of the impact that increased runoff from this
project will have on the Ironbridge pond flood
levels. If detention is utilized, the maximum
permissible release rate for the proposed detention
basin shall be such that the capacity of the
existing facilities downstream shall not be
exceeded and the recorded 100-year flood
plain/backwater shall not be increased.
do
The existing on-site 5± acre lake must be
refurbished to provide a principal spillway capable
of conveying the post-development 10-year runoff
and an emergency spillway which will pass the 100-
year storm or to that performance criteria,
approved by the Engineering Department which will
contribute to the desired performance of the
Chester Fishing Club lake spillway system. The
work must be completed before any occupancy permit
will be issued.
so
The existing lake owned by Chester Fishing Club
must be analyzed for any adverse hydrological
impact as a result of the new development. The
cost of all hydraulic improvements shown to be
necessary by the analysis shall be borne by the
applicant. The improvements shall be made in
accordance with a plan that schedules improvements
to be made at such time to prevent the increasing
runoff from exceeding the dam's hydraulic capacity.
04-1019
12/15/04
Any hydraulic improvements shall be designed and
certified by a Professional Engineer. (EE)
Prior to the issuance of a land disturbance permit,
signs prohibiting use of the Fishing Club Pond by
construction workers shall be posted. (EE)
Access.
Direct access from the property to Iron Bridge Road
(Route 10) shall be limited to one (1) public road.
This access shall be limited to right-turns-in and
right-turns-out only. The exact location of this
access shall be approved by the Transportation
Department.
b. No direct access shall be provided from the
property to Chalkley Road. (T)
Dedication. Prior to any final site plan approval or in
conjunction with recordation of the initial subdivision
plat, whichever occurs first, one-hundred (100) feet of
right-of-way on the north side of Route 10, and thirty-
five (35) feet of right-of-way on the east side of
Chalkley Road, measured from the centerlines of both
roadways, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County. (T)
Public Roads. Ail roads that accommodate general
traffic circulation through the development (the "Public
Roads"), as determined by the Transportation Department,
shall be designed and constructed to VDOT standards and
taken into the State System. (T)
Road Improvements. To provide an adequate roadway system
at the time of complete development, the owner/developer
shall be responsible for the following:
Construction of an additional lane of pavement
along the westbound lanes of Route 10 for the
entire property frontage.
Construction of additional pavement along the
westbound lanes of Route 10 at the approved access
to provide a separate right turn, based on
Transportation Department standards
Widening/improving the east side of Chalkley Road
to an eleven (11) foot wide travel lane, measured
from the centerline of Chalkley Road, with an
additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder and overlaying
the full width of the road with one and one half
(1.5) inches of compacted bituminous asphalt
concrete with modifications approved by the
Transportation Department, for the entire property
frontage.
Dedication to Chesterfield County, free and
unrestricted, any additional right-of-way (or
easements) required for the improvements identified
above. In the event the developer is unable to
acquire any "off-site" right-of-way that is
04-1020
12/15/04
10.
11.
12.
13.
14.
necessary for any improvement described in 9a, the
developer may request, in writing, that the County
acquire such right-of-way as a public road
improvement. All costs associated with the
acquisition of the right-of-way shall be borne by
the developer. In the event the County chooses not
to assist the developer in acquisition of the "off-
site" right-of-way, the developer shall be relieved
of the obligation to acquire the "off-site" right-
of-way and shall provide the road improvements
within available right-of-way as determined by the
Transportation Department. (T)
Phasing. Prior to any construction plan approval or site
plan approval, whichever occurs first, a phasing plan
for the required road improvements, as identified in
Proffered Condition 9, shall be submitted to and
approved by the Transportation Department. (T)
Sidewalks. Sidewalks shall be provided generally on both
sides of the interior street right of ways and along the
property frontage on Route 10. The treatment and
location of these sidewalks shall be approved by the
Planning and Transportation Departments at the time of
site and/or subdivision plan review. (P)
Street trees. Street trees shall be planted along each
side of the interior roads and common driveways to
include entrance roads from public roads into the
development. If existing trees are maintained, they may
be counted toward this requirement. (P)
Landscaping. Landscaping shall be provided around the
perimeter of all buildings, between buildings and
driveways, within medians, and within common areas not
occupied by recreational facilities or other structures.
Landscaping shall comply with the requirements of the
Zoning Ordinance Sections 19-516 through 19-518.
Landscaping shall be designed to: minimize the
predominance of building mass and paved areas; define
private spaces; and enhance the residential character of
the development. The Planning Department, at the time of
site and/or subdivision plan review, shall approve the
landscaping plan with respect to the exact numbers,
spacing, arrangement and species of plantings.
Fencing.
so
A decorative ~wrought iron-style" fence shall be
provided along the boundary of Iron Bridge Road.
Decorative brick columns shall be placed at
intervals along the fencing on the Iron Bridge Road
frontage of the Property and shall not be spaced
farther apart than sixty (60) feet on center.
A six (6) foot high "wrought iron-style" fence
designed to discourage climbing (i.e. shall not
have a horizontal top member), or a seven (7) foot
high black vinyl coated chain link fence shall be
provided within the thirty-five (35) foot buffer
adjacent to TAX ID 782-653-3923 as shown on the
"Zoning Plan" and shall be set back zero (0) to
five (5) feet from the property line. This fence
04,-1021
12/15/04
15.
16.
17.
18.
19.
20.
shall be installed in phases as soon as practical,
and shall be installed adjacent to any residences
prior to the occupancy of such residences on any
tract adjacent to the Chester Fishing Club pond.
C o
A minimum three (3) foot high fence, wall, or hedge
(at mature growth shall be a minimum three (3) feet
high) shall be provided for the remaining perimeter
property lines, with the exception of lake frontage
along Tax ID 780-654-3863. (P)
Lighting. Light poles shall have a maximum height of
fifteen (15) feet and shall be located generally along
the interior roads as approved by the Planning
Department. (P)
Focal Point. A minimum of 0.50 acres shall be provided
in the clubhouse area, to provide a "focal point" to
Tract A. A second focal point containing a minimum of
0.50 acres shall be provided at the entrance to Tract B,
adjacent to the 5± acre lake. Part of the area shall be
~hardscaped" and have other amenities that accommodate
and facilitate gatherings. The exact design and
location shall be approved by the Planning Department at
the time of site and/or subdivision plan review. The
clubhouse building and its related recreational
amenities shall be developed concurrent with the first
phase of development. (P)
Restriction on Children's Play Facilities: The common
area/recreational amenities shall not include playground
equipment, play fields or other facilities primarily
associated with children's play. (P)
Buffering. Buffer locations and sizes shall be as
depicted on the accompanying plan entitled "Zoning Plan"
and dated June 3, 2004 and revised October 18, 2004, by
Balzer & Associates. The buffers shall be planted in
accordance with the requirements of the Zoning Ordinance
Section 19-520 through 19-522. The thirty-five (35)
foot buffer adjacent to TAX ID 782-653-3923 shall be
planted at two (2) times Landscape requirement 'C'
Existing vegetation can be counted towards the
requirements, and at a minimum, additional medium
evergreen shrubs shall be provided at a height of three
(3) to four (4) feet and planted at an average rate of
one per eight (8) foot. (P)
Notification. The developer shall be responsible for
notifying by registered, certified or first class mail
the last known representative on file with the
Chesterfield County Planning Department of Buxton
Subdivision as well as the Chester Community Association
and the Chester Fishing Club of the submission of any
site plan or subdivision plat for the development. Such
notification shall occur as soon as practical, but in no
event less than twenty-one (21) days prior to the
approval of such plans. The developer shall provide the
Planning Department with evidence that such notice was
sent. (P)
Dwelling Size. Ail single family dwelling units located
on lots having less than 12,000 square feet shall have a
04-1022
12/15/0~
minimum gross floor area of 1,500 square feet. Ail
single family dwelling units located on lots having
12,000 square feet or greater shall have a minimum gross
floor area of 2,000 square feet. (P)
21.
Garage Doors. Visual impacts of garage doors on single
family dwellings facing the street shall be minimized
through the use of architectural fenestration and/or
orientation. (P)
22.
Driveways. Ail private driveways shall be hardscaped.
(p)
23.
Foundation Treatment. Ail exposed portions of the
foundation, with the exception of concrete slab, and
exposed piers supporting front porches of each new
dwelling unit shall be faced with brick or stone veneer
or exterior insulation and finishing systems (EIFS)
materials. (P)
24.
Building Materials. Dwelling units shall be constructed
with materials such as brick or stone veneer;
composition, hardiplank, or vinyl siding; and 25-year
asphalt shingles. (P)
25. Virginia Condominium Act: Ail multifamily dwelling units
on the Property shall be condominiums as defined and
regulated by the Virginia Condominium Act, and all
common areas and improvements therein shall be
maintained by a condominium association. (P)
26.
Restrictive Covenants. The following provisions shall
be contained in restrictive covenants, which shall be
recorded for the Single Family Dwelling units:
a)
b)
c)
d)
e)
f)
No unit shall be used except for residential
purposes.
No accessory buildings shall be erected, placed, or
permitted on the premise.
No noxious or offensive activity shall be carried
on upon by any resident, nor shall anything be done
thereon which may be, or become, an annoyance or
nuisance to the neighborhood.
No structure of a temporary character, trailer,
tent, shack, garage, or other outbuilding shall be
used at any time as a residence either temporarily
or permanently, and to this end, any building to be
constructed in this development shall be completed
within one year from the issue date of it's
building permit.
No sign of any kind shall be displayed to the
public view on any yard except one professional
sign of not more than three square feet and one
sign of not more than five square feet advertising
the property for sale, and one sign of not more
than five square feet by a builder to advertise the
property during the construction and sales period.
No animals, livestock, or poultry of any kind shall
be raised, bred, or kept on any lot except that
dogs, cats, or other household pets may be kept
therein if they are not kept, bred, or maintained
for any commercial purposes.
04-1023
12/15/04
g)
h)
i)
k>
No part of this development shall be used or
maintained as a dumping ground for rubbish, trash,
garbage, or other waste. No rubbish, trash,
garbage, and other waste shall be kept by any unit
except in sanitary containers, and all equipment
for the storage or disposal of such material shall
be kept in a clean and sanitary condition. No
central dumpsters shall be provided.
Each and every covenant and condition herein
imposed may be enforced by the undersigned or by
the owner of any unit by appropriate proceedings at
law or in equity against any party violating or
attempting or threatening to violate the same to
prevent or rectify such violation and to recover
damages therefore.
The covenants and conditions herein contained shall
run with the land and shall be binding upon the
subsequent owner or owners of all or any unit and
each and every portion of the land shown on the
plat and all parties claiming through or under such
owner or owners.
All dwelling units shall have washer and dryer
hookups.
All units shall have an attached garage containing
a minimum of 200 gross square feet. (P)
27.
Impacts on Capital Facilities. The applicant,
subdivider, or assignee(s) shall pay the following, for
infrastructure improvements within the service district
for the property, for any dwelling units in excess of
106 dwelling units, to the county of Chesterfield prior
to the issuance of building permit:
so
$6,542.00 per dwelling unit, if paid prior to July
1, 2005. At the time of payment, the $6,542.00 will
be allocated pro-rata among the facility costs as
follows: $786.00 for parks and recreation, $402.00
for library facilities, $4,380.00 for roads,
$551.00 for schools, and $423.00 for fire stations;
or
be
The amount approved by the Board of Supervisors not
to exceed $6,542.00 per dwelling unit pro-rated as
set forth above and 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.
Should Chesterfield County impose impact fees at
any time during the life of the development that
are applicable to the property, the amount paid in
cash proffers shall be in lieu of or credited
toward, but not be in addition to, any impact fees,
in a manner determined by the County. (B&M)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-1024
12/15/04
04'SN0326
In Bermuda Magisterial District, RIVER FOREST DEVELOPMENT
COMPANY, LLC requests rezoning and amendment of zoning
district map from Multifamily Residential (R-MF) and Light
Industrial (I-l) to Multifamily Residential (R-MF) with
Conditional Use Planned Development to permit exceptions to
Ordinance requirements. Residential use of up to 10 units
per acre is permitted in a Multifamily Residential (R-MF)
District. The Comprehensive Plan suggests the property is
appropriate for community mixed use uses. This request lies
on 23.8 acres fronting approximately 1,600 feet on the north
line of Carver Heights Drive, approximately 200 feet west of
West Booker Boulevard. Tax IDs 778-651-6195, 779-651-4095
and 779-652-8201 (Sheet 26).
Ms. Peterson presented a summary of Case 04SN0326 and stated
staff recommended approval subject to the applicant
adequately addressing the impact of the development on
capital facilities, setbacks from commercial property and the
focal point. She further stated, while the proposal conforms
to the Central Area Land Use Plan, the proffered conditions
do not adequately address the impact of the development on
school facilities, and the application fails to provide
appropriate setbacks from commercial properties and
sufficient amount of open space. She stated the Planning
Commission recommended approval and acceptance of the
proffered conditions, indicating that the request complies
with the Plan and the proffered conditions restricting the
number of units with more than two bedrooms would minimize
the impact on school facilities.
In response to Mr. King's question, Ms. Peterson stated the
applicant will pay the full cash proffer for all units with
more than two bedrooms.
Mr. Ed Kidd, representing the applicant, stated the Planning
Commission addressed all of the minor issues raised by staff
and recommended approval. He further stated the Planning
Commission's recommendation is acceptable.
Mr. Miller called for public comment.
No one came forward to speak to the request.
Mr. King made a motion, seconded by Mr. Barber, for the Board
to approve Case 04SN0326 and accept the proffered conditions.
Mr. Barber stated, although the applicant does not have a
track record like the previous applicant, he believes units
with two bedrooms or fewer typically indicates that there
will be no school-age children.
Mr. Miller called for a vote on the motion of Mr. King,
seconded by Mr. Barber, for the Board to approve Case
04SN0326 and accept the following proffered conditions:
The Owners and the Developer, pursuant to Section 15.2-2298
of the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County (the "Zoning Ordinance"),
for themselves and their successors or assigns, proffer that
the development of the property designated as Chesterfield
04,-1025
12/15/04'
County Tax IDs 778-651-6195, 779-651-4095 and 779-652-8201
containing a total of 23.8 acres (the ~Property") under
consideration will be developed according to the following
proffered conditions if, and only if, the request for
rezoning of the Property for RM-F with CUPD is granted. In
the event the request is denied or approved with conditions
not agreed to by the Developer, the proffered conditions
shall be immediately null and void and of no further force or
effect. If the zoning is granted, these proffered conditions
will supersede all proffers and conditions now applicable to
the Property.
Textual Statement. In conjunction with the approval of
this request, the Textual Statement dated June 15, 2004,
last revised November 15, 2004 shall be approved. (P)
2. Dwelling Size and Building Materials.
Each dwelling unit constructed on the Property
shall have a minimum gross floor area of one
thousand three hundred fifty (1,350) square feet.
(P)
Not less than sixty (60) percent of the exposed
portions of the exterior of each building
constructed on the Property shall be constructed of
brick veneer with the remainder of such exposed
exterior portions being constructed of vinyl siding
or cement board siding or other materials approved
by the Planning Commission in connection with site
plan review. Roofs shall be of asphalt shingles or
other materials with a minimum life of 20 years.
(p)
Density. A maximum of ninety six (96) dwelling units
shall be developed on the Property. (P)
4. Focal Point/Recreation Areas.
Open space/recreation areas shall be provided on
each of the east and west sides of South Chalkley
Road to provide focal points as one enters each
entrance to the Property from South Chalkley Road
and to provide passive recreation areas. Such
areas shall be "hardscaped" and have benches and
other amenities that accommodate and facilitate
gatherings and one of such areas will include a
clubhouse building with a minimum gross floor area
of two thousand (2,000) square feet. The two areas
together shall contain a total of not less than one
and one half (1.5) acres, the area including the
clubhouse shall contain a not less than one (1)
acre and the other area shall contain not less than
one half (.5) acre. The exact design and location
of such areas shall be approved by the Planning
Department at the time of site plan review. Any
clubhouse building shall be developed concurrent
with the first phase of development.
Common area recreational amenities included within
the Property shall be predominantly for adult use.
Examples of possible amenities include swimming
pools, putting greens, shuffleboard, park areas,
picnic and barbecue areas and gardens. (P)
04-1026
12/15/04
o
o
o
10.
Sidewalks. Sidewalks shall be provided on both sides of
all rights of way for Public Roads (as defined herein).
To the extent allowed by VDOT, such sidewalks may be
located within the rights of way for the Public Roads
(as defined herein). In addition, a system of walking
trails or pathways shall be provided within the Property
which trails or pathways shall have a minimum width of
four (4) feet and shall be hardscaped with asphalt. (P)
Fence and Buffer.
A decorative fence shall be constructed along (i)
the boundaries of the Property adjacent to South
Chalkley Road (both sides) and (ii) along Branders
Creek Drive for a distance of approximately two
hundred forty (240) feet from South Chalkley Road.
The exact design shall be approved by the Planning
Department at the time of site plan review;
provided, however, provision of a three (3) rail
vinyl fence shall be deemed to satisfy this
proffer.
A thirty (30) foot buffer shall be provided along
the northern property line of the portion of the
Property located east of Chalkley Road. This
buffer shall comply with the requirements of the
Ordinance for Sections 19-520 through 522 except
that plant density shall be increased to one and
one-half times that required for Perimeter
Landscape C. A solid wood or vinyl privacy fence,
a minimum of six (6) feet in height, shall be
incorporated into this landscaped buffer along this
northern property boundary. (P)
Street Trees. Street trees shall be installed along
each side of the Public Roads (as defined herein) and
along each side of common driveways within the Property.
If existing trees are maintained, they may be counted
toward this requirement. The exact location, spacing,
size and species of plantings shall be approved by the
Planning Department prior to final site plan approval.
(p)
Landscaping. Landscaping shall be provided around the
perimeter of all buildings, between buildings and
driveways, within medians and within common areas not
occupied by recreational facilities or other structures.
Landscaping shall comply with the requirements of the
Zoning Ordinance Sections 19-516 through 19-518(f).
Landscaping shall be designed to (i) minimize the
predominance of building mass and paved areas, (ii)
define private spaces and (iii) enhance the residential
character of the development. The Planning Department,
at the time of site plan review, shall approve the
landscaping plan with respect to the exact numbers,
spacing, arrangement and species of plantings. (P)
Driveways. Ail private driveways shall be hardscaped
with asphalt, concrete or aggregate. (P)
Garages.
openings
At least sixty (60) percent of the door
of garages within the Property shall be
04-~027
12/15/0~
11.
12.
13.
14.
15.
16.
oriented in a manner so as not to be directly visible
from the Public Roads (as defined herein). (P)
Utilities. The public water and wastewater systems
shall be used. (U)
Concrete Curb and Gutter. Concrete curb and gutter
shall be installed within the Public Roads (as herein
defined). (EE)
Timbering. Except for Timbering approved by the
Virginia 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. (EE)
Drainage. No impervious areas from buildings or paved
areas used for vehicular traffic shall drain across the
eastern boundary of the property adjacent to the Carver
Home Sites subdivision. (EE)
Virginia Condominium Act. Ail dwelling units on the
Property shall be condominiums as defined and regulated
by the Virginia Condominium Act, and all common areas
and improvements therein shall be maintained by a
condominium association. (P)
Cash Proffer. The applicant, subdivider, or assignee(s)
shall pay the amounts set forth below to the County of
Chesterfield, prior to the time of issuance of a
building permit for each new dwelling unit for
infrastructure improvements within the service district
for the Property:
For all dwellings units initially constructed with
more than two (2) bedrooms:
$11,500.00 per dwelling unit, if paid prior to
July 1, 2005.
Thereafter, such payment shall be the amount
approved by the Board of Supervisors not to
exceed $11,500.00 per unit and shall be
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.
For all dwelling units initially constructed with
two (2) or fewer bedrooms:
$5,991 per dwelling unit, if paid prior to
July 1, 2005. At the time of payment, the
$5,991.00 will be allocated pro-rata among the
facility costs as calculated annually by the
County Budget Department as follows: $786.00
for parks, $402.00 for library facilities,
$4,380.00 for roads and $423.00 for fire
stations. Thereafter, such payment shall be
the amount approved by the Board of
Supervisors not to exceed $5,991.00 per unit
04-1028
12/15/04
17.
(prorated as set forth above) and shall be
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.
Building plans submitted for building permits shall
designate the number of bedrooms in each dwelling
unit.
do
If any of the cash proffers are not expended for
the purposes designated by the Capital Improvement
Program within fifteen (15) years from the date of
payment, they shall be returned in full to the
payor. Should Chesterfield County impose impact
fees at any time during the life of the development
that are applicable to the Property, the amount
paid in cash proffers shall be in lieu of or
credited toward, but not be in addition to, any
impact fees in a manner as determined by the
County. (B & M)
Transportation.
ao
Prior to any site plan approval, forty-five (45)
feet of right-of-way on the north side of Carver
Heights Drive, measured from the centerline of that
part of Carver Heights Drive, immediately adjacent
to the Property, shall be dedicated, free and
unrestricted, to and for the benefit of
Chesterfield County.
bo
To provide for an adequate roadway system, the
Developer shall be responsible for the following:
Construction of two (2) additional lanes of
pavement along South Chalkley Road, to VDOT
Urban Minor Arterial (50 MPH) standards with
modifications approved by the Transportation
Department, from its current four (4) lane
section to Branders Creek Drive to provide a
four (4) lane divided facility.
Construction of a two (2) lane road for
extension of South Chalkley Road (~South
Chalkley Extended"), to VDOT Urban Minor
Arterial (50 MPH) standards with modifications
approved by the Transportation Department,
from Branders Creek Drive to Carver Heights
Drive.
Relocation of the ditch along the north side
of Carver Heights Drive to provide an eight
(8) foot wide unpaved shoulder, with
modifications approved by the Transportation
Department, from South Chalkley Extended,
eastward, for the entire property frontage.
o
Construction of additional pavement along
South Chalkley Extended at each approved
access to provide left and right turn lanes,
based on Transportation Department standards.
04,-1029
12/15/0g
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way
(or easements) required for the road
improvements described above.
Prior to any site plan approval, a phasing
plan for the required road improvements, as
identified above, shall be submitted to and
approved by the Transportation Department.
C o
Direct access from the Property to South Chalkley
Road shall be limited to one (1) public road on
each of the east and west sides of South Chalkley
Road. The exact location of these accesses shall
be approved by the Transportation Department. No
direct access shall be provided from the Property
to Branders Creek Drive or to Carver Heights Drive.
Ail roads that accommodate general traffic
circulation through the Property (the ~Public
Roads"), as determined by the Transportation
Department, shall be designed and constructed to
VDOT standards and taken into the State System.
Setbacks from the Public Roads shall be as
identified for special access streets pursuant to
Section 19-505(b) of the Zoning Ordinance. (T)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO CONSIDER AMENDING THE ZONING ORDINANCE TO CLARIFY
THE PROCESS FOR OBTAINING A CERTIFICATE OF
APPROPRIATENESS FOR A DESIGNATED COUNTY HISTORIC
Mr. Steve Haasch stated this date and time has been
advertised for a public hearing to consider amending the
Zoning Ordinance to clarify the process for obtaining a
certificate of appropriateness for a designated county
historic landmark.
Mr. Miller called for public comment.
No one came forward to speak to the ordinance amendment.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
adopted the following ordinance amendment:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 19-51 OF THE ZONING ORDINANCE
RELATING TO APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS
FOR HISTORICALLY DESIGNATED PROPERTY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
04-1030
12/15/04
(1) That Section 19-51 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 19-51. Certificates of appropriateness.
(a) Authority. The preservation committee, acting as a
body, shall have authority to issue certificates of
appropriateness, in accordance with the provisions of this
section.
(b) Certificate required. With regard to buildings,
structures or other improvements to the premises which have
been designated as landmarks or landmark sites or which are
located within a designated historic district it shall be
unlawful:
(i)
For any person to perform, cause or permit any
construction, alteration or remodeling that would
affect the exterior architectural appearance or
property thereof;
(2)
For any person to remove, move, demolish or commit
any other land disturbing activities with regard to
them; or
(3)
For any person to secure or issue a building permit
authorizing any such work, unless a certificate of
appropriateness with respect to such works shall
have first been issued pursuant to this section.
(c) Applications for certificates of appropriateness.
(1)
Applications for certificates of appropriateness
shall be submitted to the director of planning in
such form as the preservation committee shall
prescribe.
(2)
When the work to be performed in conformance with a
certificate of appropriateness requires zoning
approval, no application for a certificate of
appropriateness shall be acted on until such
approval has been issued. A certificate of
appropriateness shall be issued or denied solely on
the basis of the standards established by this
chapter.
o o o
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17.B. TO CONSIDER THE TAX EXEMPTION REQUEST OF COMMUNITY
BASED SERVICES, INCORPORATED
Mr. Micas stated this date and time has been advertised for a
public hearing for the Board to consider the tax exemption
request of Community Based Services, Incorporated.
Mr. Miller called for public comment.
04-1031
12/15/04
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE TO DESIGNATE THE REAL AND PERSONAL PROPERTY
OF COMMUNITY BASED SERVICES, INC.
TO BE EXEMPT FROM PROPERTY TAXATION
WHEREAS, subsection 6(A)(6) of Article X of the
Constitution of Virginia, on and after January 1, 2003,
authorizes localities to designate as exempt from local
taxation the real or personal property, or both, owned by a
non-profit organization that uses such property for
religious, charitable, patriotic, historical, benevolent,
cultural, or public park and playground purposes; and
WHEREAS, the County has received a request from
Community Based Services, Inc. to consider granting it a tax
exemption for real and personal property owned by it in
Chesterfield County; and
WHEREAS, in accordance with Va. Code, §58.1-3651 the
Board has conducted a public hearing and considered each of
the questions required to be considered before adopting an
ordinance granting any such exemption; and
WHEREAS, the Board has determined that Community Based
Services, Inc. meets the requirement for the real and
personal property tax exemption that it has requested by
reason of its being a non-profit organization which uses the
real and personal property for which it is requesting the
exemption for benevolent purposes.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors
of Chesterfield County:
1. Community Based Services, Inc. is hereby designated
a benevolent organization within the context of Section
6(A) (6) of Article X of the Constitution of Virginia.
2. Real and personal property located in Chesterfield
County owned by Community Based Services, Inc. and used by
such organization exclusively for benevolent purposes on a
non-profit basis as set forth in Section 1 of this ordinance
is hereby determined to be exempt from local taxation. This
exemption shall be contingent on the continued use of the
property in accordance with the purpose for which the
organization is designated as exempt in Section 1.
3. This real and personal property tax exemption shall
be effective as of January 1, 2005.
4. This ordinance shall not be set out in the County
Code but shall be kept on file in the offices of the real
estate assessor and commissioner of revenue.
5. This ordinance shall be in effect immediately upon
its adoption.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-1032
12115/04
17.C. TO CONSIDER THE RECEIPT AND APPROPRIATION OF ORANT
FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY TO PURCHASE TERRORISM RELATED EQUIPMENT FOR
PUBLIC SAFETY PERSONNEL
Mr. Curt Nellis, Deputy Emergency Management Coordinator
stated this date and time has been advertised for a public
hearing for the Board to consider the receipt and
appropriation of $839,962.12 in grant funds from the United
States Department of Homeland Security, State Homeland
Security Grant Program.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
approved the receipt and appropriation of $839,962.12 in
noncompetitive grant funds from the United States Department
of Homeland Security, State Homeland Security Grant Program.
(It is noted no local match funds are required.)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17.D. TO CONSIDER THE APPROPRIATION OF ROAD CASH PROFFER
FUNDS FOR THE HAPPY HILL ROAD IMPROVEMENT PROJECT
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider appropriation of
road cash proffer funds for the Happy Hill Road Improvement
Project.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
appropriated $548,056 in traffic shed 19 road cash proffers
for the Happy Hill Road Improvement Project between
Harrowgate Road and Longmeadow Boulevard, and authorized the
County Administrator to enter into the necessary county/
Virginia Department of Transportation/consultant/contractor,
design, right-of-way acquisition, environmental permits
and/or construction agreements, acceptable to the County
Attorney, for the project.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17.E. TO CONSIDER THE APPROPRIATION OF ROAD CASH PROFFER
FUNDS FOR THE CENTRALiA ROAD IMPROVEMENT PROJECT
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider the appropriation of
road cash proffer funds for the Centralia Road Improvement
Project.
Mr. Miller called for public comment.
0,&-1033
12/15/04
No one came forward to speak to the issue.
On motion of Mr. King, seconded by Mrs. Humphrey, the Board
appropriated $1,527,466 in traffic shed 13 road cash proffers
for the Centralia Road Improvement Project between Salem
Church Road and Chalkley Road, and authorized the County
Administrator to enter into the necessary county/Virginia
Department of Transportation/consultant/contractor, design,
right-of-way acquisition, environmental permits, and/or
construction agreements, acceptable to the County Attorney,
for the project.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
Mrs. Humphrey stated the Happy Hill and Centralia Road
Improvement Projects are excellent examples of the use of
cash proffer funds.
17.F. APPROPRIATION OF FUNDS FROM FY2004 RESULTS OF
OPERATIONS
Mr. Allan Carmody, Budget Manager, stated this time and date
has been advertised for the Board to consider appropriation
of funds from FY2004 results of operations.
Mr. Miller called for public comment.
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
appropriated $3,077,862 in the FY2005 School Fund from FY2004
Results of Operations for the following: $48,589 to address
a FY2004 year-end shortfall in the Comprehensive Services
fund; and $3,029,273 for non-recurring items that will be
ordered in FY2005 for use in the 2005-2006 school year.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17.G. TO CONSIDER AMENDING THE BACKGROUND CHECK POLICY FOR
COACHES OF CO-SPONSORED YOUTH ATHLETIC LEAGUES
Mr. Mike Chernau, Senior Assistant County Attorney, stated
this date and time has been advertised for a public hearing
for the Board to consider amending the background check
policy for coaches of co-sponsored youth athletic leagues.
He further stated, under the current policy, felony
possession or distribution convictions within five years of
application are an absolute bar to coaching; and felony
possession or distribution convictions beyond five years as
well as misdemeanor possession or distribution convictions,
are considered on a case-by-case basis by the review
committee set up by the policy. He stated the Parks and
Recreation Advisory Commission (PRAC) recommends changing the
five-year limitation on drug related felonies to eight years,
and that other drug-related convictions continue to be
reviewed on a case-by-case basis. He further stated there is
one individual with a felony conviction within eight years
that is currently approved who would be disqualified. He
stated the county's background check review committee
04-1034
12/15/0~
recommends amending the existing policy to make any felony
conviction related to drug distribution a barrier crime
regardless of when the conviction occurred; that felony drug
possession remain a barrier crime only when the conviction
occurred within five years; and that all other drug related
convictions continue to be reviewed on a case by case basis.
He further stated, under the review committee's
recommendation, 14 individuals who current hold coaching
cards would be disqualified.
In response to Mr. King's question, Mr.
juvenile convictions prior to the age
considered.
Chernau stated
of 18 are not
Discussion ensued relative to activities that would cause a
felony distribution conviction.
Mr. Miller noted that many felony distribution cases can be
plea bargained down to simple possessions, and many felony
possessions can be plea bargained down to misdemeanor
possessions. He stated he supports the felony distribution
recommendation proposed by the committee and the other
recommendations proposed by PRAC, indicating he does not
believe the county should have people coaching who have been
convicted of felony drug distribution or possession.
When asked, Mr. Chernau stated there are 14 existing coaches
who would be impacted if felony distribution convictions
barred individuals from coaching altogether. He further
stated he does not have the number of existing coaches who
would be barred for felony possession convictions within
eight years, but he believes it is a small number.
Mr. Barber expressed concerns relative to revoking the cards
of coaches and exposing their convictions.
Mr. Miller called for public comment.
Mr. Mike Hairfield, Commissioner of the Chesterfield
Quarterback League, stated a drug dealer is a felon and does
not belong as a coach in the county. He stated he can
support PRAC's recommendation regarding felony possession,
but believes felony drug distribution convictions should be
barred altogether.
Mr. Tim Mick, PRAC member, stated PRAC recommended an eight-
year limitation on felony convictions for distribution and
possession, based upon someone being convicted at the age of
18 - by the age of 27, should have their "ducks in a row."
He further stated it is his understanding that the revised
policy would not be immediately applied to existing coaches,
but phased in similar to the policy change adopted by the
Board earlier today relating to expanded national checks.
Mr. Ramsey stated, without direction, it is staff's
interpretation that the Board would immediately revoke the
coaching cards from individuals falling within the new
limitation, if adopted by the Board.
Mr. King expressed concerns relative to revoking cards of
individuals who might be in the middle of a season.
04,-1035
12/15/0g
Mr. Hairfield stated he would not have a problem with coaches
finishing their season prior to revoking their card.
Mr. Miller expressed concerns relative to continuing to allow
an individual to coach and possibly distribute drugs for the
remainder of a season.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. King expressed concerns relative to children losing their
coach in the middle of a season.
Mr. Miller made a motion, seconded by Mr. Warren, for the
Board to approve the background check review committee's
recommendation that felony distribution convictions be an
absolute bar from coaching and the Parks and Recreation
Advisory Commission's recommendation that possession of drugs
occurring within eight years of application be an absolute
bar to coaching, while other drug related convictions
continue to be reviewed on a case-by-case basis, effective
immediately.
Mr. Barber expressed concerns relative to exposing someone
for a past conviction that they are trying to overcome.
Mr. Micas stated the policy change could be made effective at
the close of the winter sports season.
After further discussion, Mr. Barber made an amended motion,
seconded by Mr. King, for the Board to approve the background
check review committee's recommendation that felony
distribution convictions be an absolute bar from coaching and
the Parks and Recreation Advisory Commission's recommendation
that possession of drugs occurring within eight years of
application be an absolute bar to coaching, while other drug
related convictions continue to be reviewed on a case-by-case
basis, effective March 15, 2005.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17.H. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF LOT 18
WITHIN PLAN OF AVON ESTATES SUBDIVISION
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of Lot 18, Plan of Avon Estates.
Mr. Miller called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. Barber, seconded by Mr. King, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to THE HARWAY
GROUP, LLC, ("GRANTEE"), a portion of Lot 18,
Plan of Avon Estates, MIDLOTHIAN Magisterial
District, Chesterfield County, Virginia, as shown
on a plat thereof duly recorded in the Clerk's
04-1036
12/15/04
Office of the Circuit Court of Chesterfield
County in Plat Book 9, at Page 7.
WHEREAS, THE HARWAY GROUP, LLC, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of Lot 18, Plan of Avon Estates, MIDLOTHIAN
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 9, Page 7,
by PHILLIP H. BROOKS, dated NOVEMBER 27, 1950, and recorded
DECEMBER 5, 1950. The portion of Lot 18 petitioned to be
vacated is more fully described as follows:
A portion of Lot 18 within Plan of Avon Estates
Subdivision, the location of which is more fully
shown on a plat made by TIMMONS GROUP, dated JULY
23, 2003, and revised APRIL 11, 2003, a copy of
which is attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of Lot 18 sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of Lot 18
be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and THE
HARWAY GROUP, LLC, or its successors in title, as GRANTEE.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17.I. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF LOT I
WITHIN SNEAD - CURTIS ADDITION
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of Lot 1 within Snead - Curtis Addition.
Mr. Miller called for public comment.
04-1037
12/15/0g
No one came forward to speak to the ordinance.
On motion of Mr. King, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to RONALD J. ROST,
("GRANTEE"), a portion of Lot 1, Snead - Curtis
Addition, BERMUDA Magisterial District,
Chesterfield County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's Office of
the Circuit Court of Chesterfield County in Plat
Book 3, at Page 179.
WHEREAS, RONALD J. ROST, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of Lot 1, Snead - Curtis Addition, BERMUDA
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 3, Page 179,
by J. A. NICHOLS, dated JULY 1920. The portion of Lot 1
petitioned to be vacated is more fully described as follows:
A portion of Lot 1, Snead - Curtis Addition, the
location of which is more fully shown on a plat
made by GENE WATSON & ASSOCIATES, P.C., dated
SEPTEMBER 22, 2004, and revised OCTOBER 6, 2004,
a copy of which is attached hereto and made a
part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of Lot 1 sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of Lot 1 be
and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and RONALD J.
ROST, or their successors in title, as GRANTEE.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-1038
12/15/0,~
17 .J. TO CONSIDER AN ORDINANCE TO VACATE TWO TWENTY-FOOT
ALLEYS IN BON AIR
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate two 20-foot alleys in Bon Air.
Mr. Miller called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. Barber, seconded by Mr. King, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to THE HODGINS,
L.L.C., a Virginia limited liability company,
HARRIETTE T. FLOYD, JOHN D. DUTTON, JR. and
WILLIAM EVENSON, TRUSTEES of ST MICHAEL'S
EPISCOPAL CHURCH, LENARD W. TUCK, JR. and ROBIN
J. TUCK, husband and wife, ASHBY SANDERSON PAYNE,
CHARLES W. EWING, II and JULIA T. EWING, his
wife, DONALD A. HODGINS and ELIZABETH GARRY
HODGINS, also known as ELIZABETH GARY HODGINS,
his wife ELIZABETH GARRY HODGINS, CHARLES EDWARD
FRAKER, JR., and SUSAN FRAKER SNEAD also known as
SUSAN FRAKER DIAS, EDWARD A. MYERS, JR. and
REBECCA S. MYERS, husband and wife, ("GRANTEE"),
a 20' alley within Block 3, and a 20' alley
within Block 14, Bon Air, MIDLOTHIAN Magisterial
District, Chesterfield County, Virginia, as shown
on a plat thereof duly recorded in the Clerk's
Office of the Circuit Court of Chesterfield
County in Plat Book 1, at Page 115 and Plat Book
3, Page 51.
WHEREAS, ELIZABETH G. HODGINS, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a 20'
alley within Block 3, and a 20' alley within Block 14, Bon
Air, MIDLOTHIAN Magisterial District, Chesterfield County,
Virginia more particularly shown on a plat of record in the
Clerk's Office of the Circuit Court of said County in Plat
Book 1, Page 115, dated JULY 1880, and Plat Book 3, Page 51,
by BERKLEY & SCHMIDT, dated JANUARY 1912. The alleys
petitioned to be vacated are more fully described as follows:
A 20' alley within Block 3 and a 20' alley within
Block 14, Bon Air, the location of which is more
fully shown on a map attached hereto and made a
part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the alleys sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
04-1039
12/15/0~
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid alleys be and are
hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the centerline of the alleys hereby
vacated in the abutting property owners of Block 3 and Block
14, within Bon Air free and clear of any rights of public
use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and THE
HODGINS, L.L.C., a Virginia limited liability company,
HARRIETTE T. FLOYD, JOHN D. DUTTON, JR. and WILLIAM EVENSON,
TRUSTEES of ST MICHAEL'S EPISCOPAL CHURCH, LENARD W. TUCK,
JR. and ROBIN Jo TUCK, husband and wife, ASHBY SANDERSON
PAYNE, CHARLES W. EWING, II and JULIA T. EWING, his wife,
DONALD A. HODGINS and ELIZABETH GARRY HODGINS, also known as
ELIZABETH GARY HODGINS, his wife ELIZABETH GARRY HODGINS,
CHARLES EDWARD FRAKER, JR., and SUSAN FRAKER SNEAD also known
as SUSAN FRAKER DIAS, and EDWARD A. MYERS, JR. and REBECCA S.
MYERS, husband and wife, or their successors in title, as
GRANTEE.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
17.K. TO CONSIDER AN ORDINANCE TO VACATE OPEN SPACE WITHIN
OLD CREEK WEST, SECTION 6
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate 1.467 acres of open space within Old Creek West,
Section 6.
Mr. Miller called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. Warren, seconded by Mr. King, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to GILLSGATE,
L.L.C., a Virginia limited liability company,
("GRANTEE"), an open space containing 1.467 acres
within Old Creek West, Section 6, CLOVER HILL
Magisterial District, Chesterfield County,
Virginia, as shown on a plat thereof duly
recorded in the Clerk's Office of the Circuit
04-1040
12/15/04
Court of Chesterfield County in Plat Book 43, at
Page 88.
WHEREAS, GILLSGATE, L.L.C., petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate an
open space containing 1.467 acres within Old Creek West,
Section 6, CLOVER HILL Magisterial District, Chesterfield
County, Virginia more particularly shown on a plat of record
in the Clerk's Office of the Circuit Court of said County in
Plat Book 43, Page 88, by J. K. TIMMONS & ASSOCIATES, INC.,
dated AUGUST 16, 1983, and recorded AUGUST 31, 1983. The
open space petitioned to be vacated is more fully described
as follows:
An open space containing 1.467 acres within Old
Creek West, Section 6, the location of which is
more fully shown on a plat made by J. K. TIM/4ONS
& ASSOCIATES, INC., dated AUGUST 16, 1983, and
recorded AUGUST 31, 1983, a copy of which is
attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the open space sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid open space be and
is hereby vacated.
GRANTEE hereby conveys unto the GRANTOR and GRANTOR
hereby reserves a 16' easement, as shown on the attached
plat.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and
GILLSGATE, L.L.C., a Virginia limited liability company, or
their successors in title, as GRANTEE.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
04-1041
12/15/04
Mr. Miller stated it is necessary for the Board to go back
into Closed Session to complete discussion from the afternoon
session.
CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(3), CODE OF
VIRGINIA, 1950, AS AMENDED, TO DISCUSS WITH LEGAL COUNSEL
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 Mr. Warren, seconded by Mr. Barber, the Board
went into a Closed Session pursuant to Section 2.2-
3711(A) (3), Code of Virginia, 1950, as amended, to discuss
with legal counsel 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, Barber, Humphrey, King and Warren.
Nays: None.
Reconvening:
On motion of Mr. King, seconded by Mr. Barber, 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.
Reconvening:
04-1042
12/15/04
On motion of Mr. Barber, seconded by Mr. King, the Board
suspended its rules at this time to add an item to the
Agenda.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
ASSIGNMENT OF REAL ESTATE PURCHASE AGREEMENT FOR THE ~SEARS"
PROPERTY AT CLOVERLEAF MALL
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved and authorized the County Administrator to execute
the assignment agreement with Chesapeake Realty Ventures LLC
and the Industrial Development Authority ("IDA") providing
for the purchase by the IDA of 15 acres at Cloverleaf Mall,
commonly referred to as the ~Sears" property.
And, further, the Board approved the use of $3,125,000 by the
IDA from the existing $10,000,000 line of credit to acquire
the Sears property for the payment to acquire the Real Estate
Purchase Agreement.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
18. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
There were no remaining mobile home permits or
requests at this time.
zoning
Mr. Shawn McIntyre, Advanced Placement Government Student
from Lloyd Bird High School, was recognized by the Board for
his presence throughout the meeting.
19. ADJOURNMENT
On motion of Mr. Warren, seconded by Mr. King, the Board
adjourned at 8:35 p.m. until January 12, 2005 at 4:00 p.m.
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
~u~net~ ' AR-adm~nS TYs t ra t or~
Kelly E. ~iller
Chairman ·
04-1043
12/15/04