10-28-1992 MinutesBO..,~.D OF 5U~ER'V"rsoP. S
KTNUTE.~.
Oeto]~ 28~ Z992
Mr. Harry G. Daniel, Chairman
Mr. Arth~ S. War~e~, vice Chrm.
/4r. Edward E. Barber
~. ~aley M. Colbert
~. ~. L. McHale, III
~. Lane ~. ~m~ey
County A~inistrator
Staff ~n Attendance:
office on Youth
Ms. ~arilyn E. cole, E~eo.
Asst. to CO. Admin.
Mrs. Doris ~. DeHart
Asst. Co..Admin.,
Legls. SVCS. and
Intergovern. Affairs
Mr. Willlam D. Dupler,
Building Official
Chief Robert L.
~ire Department
Mr, Miscall Golden~ Acting
Dir., Parks and Recreation
Deputy co. Admlm.,
Mr. Thomas E. Jaoobson,
Dir., Planning
MS. Mary Leu
Dir., Accounting
Mr. Robert L. Masden~
Deputy Co. Adh~in.~
Human
Mr. R. John ~oCracken,
Dir., Transportation
Mr. Ri~har~ M.
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Mrs. Pauline A,
Dir., News & Publio
Dir., ~ealth
Col. J. E. Pittman, Jr.,
Police De~artmen~
M~. Theresa M. ~itts,.
Mr. Ja~es J. L. Stega~ier,
Dir., Budget & ~snagemont
l(r. M. D. stlth, Jr.,
DeDuty CO, Admln.,
Community Development
Mr. David H. Welshons,
Dir., Utilities
Mr. Frederick Will~, Jr.,
F~r. Dan~sl called the rmgularly mcheduled m~eting to order at
2:00 p.m. (EST).
92-799
~XEC~I~ ~$$ION P~S~ TO SECTION 2.1-344Ca) (7),
CODE OF VIRGINIa. 1950. AS B-HEEDED. FOR COnSUlTATION
WiTH LE~L 00UNSEL REG~DIN~ 8~Z~[BW~LL SOIL~
REGARDING PROBABLE LITIGATION IEVOLVING SHRINK/HWBLL
SOZL~
17.B. EXECUTIVE SESSION PUrSUAnT TO SECTION
WITH LEGAL COUNSEL REGROUPING vu~%NM~T~IALS CONPA~Y
V. BOARD OF S~ERVISORS
E~ECUTIVE $~SSION pURSUaNT TO S~CTION 2.1-344(a)[1)~
CODE OF VI~INI~. 19~0. AS AK~DED. RE~ATING TO T.HE
0n motion of Mr, Colbert, memoDd~d by Mr. ~c~ale~ the Board
w~nt into Executive Sessions pursuant to Sectio~ 2.1-
~44(a)(9), Co~ of Virginia, 1950, a~ amended, for
consultation with legal coun~l regarding shrink/swell soil~
an~ regarding probabl~ li=igation involving s~ink/swell
1950, as amended, for con~ul~atlon wi~ legal counsel
regarding Vulcan Nat~ial~ Company v. Board of Supervisors;
and pursuant to ~ection 2.L-344(a)(1), Coda of Virginia, 1950,
as amended, relating to the appointment of a ~pecifi= public
Vote: Unanimous
Reconven~ng:
17.A. EXECUTIYB SESSION PURSUANT TO SECTIOE Z.1~344(a] (7~,
COD~ OF VI~GI~;I~, 1950, ~$ ~SEDED. EO~ CONSULT~T~O~
WITH LEGAL COUNSEL RE~ARDTN~ S~]SWE~L ~OILS ~
REGARDING PROSARLE LITIGATION INVOLVING S~INK/SWELL
SOILS
On motion of Hr. Colbert, seconded by Mr. McHa~e, the Hoard
a~op=e~ t~e following resolution:
~HEREAS, the Board of supervisors has this day adjourned
Board, and in accordance with the provisions of the virginia
Freedom of Information Act; and
WHEP~AS, the Virginia Tree4om of Information Act
sffeotive Jul~ 1, 1989~ provides for oertlf~cat~on that such
~eoutiv~ Seseion wa~ conducted in conformity with law.
NOW, T~REFORE BE IT R~S0LV~D, ~hat the ~sard of County
s~pervisors does ~e~eby certify t~at to the best Of
member's knowledge, i) only ~ubl~c business matters lawfully
which this certification applies, and il) .only such public
b~sin~$~ m~tt~rs as ware identified in ~ Mu~ion by which the
The Board being polled, tha vote wam as follows:
McHale: Aye.
Barber: Aye.
Colbert; Aye.
Warren: Aye.
Daniel: Aye.
· ?.B. R~CUT~rE SESSION. Fr,1~.~Ui~l~ ~0 S2~TION 2.1-~44(a){~.~
WI~ L~G~ 00UN~ ~G~DING VULC~ ~RI~8
V. ~O~D OF
On motion of ~. Colbert, ~econded by Mr. McHale, th~ Boar~
adoptad the following resolution:
~ER~$~ the Boa~d of Supe~isors hn~ this day adjo~ed
into ~xecutive Session ~n accordant= with a focal vote of the
Board, and in acoordanca with ~e p~ovisions of ~e Virginia
~rsedom of Info~ation Act; and
~E~AS, ~e Virginia Freedom of InSolation Act
effective July t, 1989, providem for Oertificution that ~uch
~xecutive Session was ccn~cted in confo~ity wi~ law.
NOW, ~EREFO~ ~ IT RESOLVED, ~hat =he Board of County
Supervisors does hereby c~rtify that to the bemt of each
me~er~s knowledge, i) only p~llc bumines~ matter~ lawfully
exempted f~0m up~n meeting re~irement~
Infor~tion Act we~ ~imcu~ed in the Executive
Which this certification applle~, a~d ii) only such public
b~i~esS ma~ters as wer~ identified in the MOtion
certification.
Th~ Boa~d being polled, the vote was am follows:
Nr. MoHalk: Aye.
~. Colbert: Aye.
~r. Warren: Aye.
Mr. Danlel: Aye.
i7.C. EXEQUTIVB S~SMI~N, PURSUANT TO SECTION
CODE OF VIrGINIa. 1950, AS AMENDED* RBIJ~T~N~ TO THR
APPOINT~ENT OF ~ ~PECIFIC ~UBBI.C OFFICT~T.
On ~OtiO~ Of M~. Colbert, seconded by ~r. NcNal~, th~ Board
adopted the following resolublon:
WHEREAS, the ~oard o~ Supervisors has thi~ day
i~to Executive Sassion in accordance with a fo~al vo~e of the
Board, and in ac=o~dance w~ the prov~sionm of ~= Virginia
Freedom of Information Act; and
~, the Virginia Freedom of information
effectlv~ Jul~ 1, 1989, provide~ for c~rtification that such
~xecutive Session was conduote~ in conformity with law.
~0W, THEREFORE BE IT R=SOLV=D, ~hat the Board of County
Info~ati0n Act w~re discussed in the I~euutive S~ion to
which thi~ certifiaation applies, and ii) only such
business matters a~ were identifie~ in =he Motion by which
92-S01 10/28/92
Executive Session was convened were heard, discussed or
¢¢nsidered by ~e ~oard. No member dissents from this
certification.
The Board being pollsd, the vote was a~ follows:
Mr. No,ale: Aye.
Mr. Barber: Aye.
Mr. Colbert: Aye.
Mr- Warren: Aye.
Mr. Danlel: Aye.
Time: 3:31 p.m.
Mr. Daniel ~=ated dirking its executive session the Board Had
discussed the appeiutment for the position of Deputy County
Administrator and recognlzedFLr. Ramsay.
Mr. Ramsay stated for the past several months, the County
haan conducting an extsnsive national search to fill the
position of Deputy County Ad~inistrator for Community
Development in which the county had received approximately 260
applications. He further eta=ed, in accordance with the
CoUnty charter, he was recommending the appointment of Mr.
Millard D. "Pete" ~tith, Jr. to the position.
On motion of Mr. Daniel, ~ecomded by /~r. Mc~ale, the Board
appclnted~ in accordance with Chapter ~t Section 4.2.(3) of
th~ Chesterfield Cowry Charter, Mr. Millard D. "pete" Stith,
Jr- a~ Deputy County Adm~nls~atsr for Community Development.
Vote: Unanimous
The Board ceng~atulatedF~, stith on his appointment.
Mr. Stith expressed sincere appreciation to the Board o~ hi~
appointment an~ also thanked County staff for their support
while in the acting capacity. He further stated he looked
~orward to working wtgi% the community and serving citizens.
It was the unanimous son~eosus em the ~osrd to amend the
agenda to reflect the appointment of ~r. Stith as Deputy
County A~mlnlstrator for Cs~t~un~ty Develspmsnt.
On motion of Mr. McHale, seconded by Mr. Colbert, the Board
a~pro~ed the ~in~tes of October 14, 1992, a~ submitted.
Vote= Unanimous
Time: 3:31 p.m.
2. COUNTy
Mr, Ramsay stated the County was recently presented with a
~ude~trian Safety Award of ~erit for municipalities in the
200,000 to 500,000 D0pulatien categor~ by the American
Automobile Association. Ke further stated the County was one
of three localities recognized and the Award was based on the
County's pedestrian death and injury rates, legislation,
enforcement efforts, traffic engineering, school and community
safety programs, public information and educe=ion. He no=ed
Captain Linwood Mattt~ews of t~s Police Department had accepted
the Award on behalf o~ the county.
Time: 3:38 p.m.
92-802
i !
There were no Board Co~ittee Reportm at this time.
On motion of Mr. MoHale, seconded by Fir. B~rb~r, the Board
added Itmm 13.C., Resolution Recognizing the Midlothian High
School "s~ool Partners Abroad Exchange Program#
i~4iately fellow ~is i~m; addmd Itmm 6.C.10., Set Dmta
Acceptance of a Parcel of Land along Fort Darlln~ Roa~
Exxon Corporation; added It~ 6.C.11.~ CoEse~t for Right of
~t~y On County Property with the Depa~e~t of Mines,
Minerals and Ener~ to follow Item 6.C.10.; moved It~ 5.B.,
Work s~ssion on Consideration of Shrink/swell soils
Reco~e~ati0gs from the C0~ty Adminis~ator and the
co~imsion on ~oils ~nd Foundations =o follow It~ 13.C. and,
ado~te~ the agenda, as a~ndad.
Veto: Unanimous
Time: 3:43
I~.C, RESOLUTION REOOSNI~ING THE MIDLOTHIId~
Mrs. D~art introduced ~. Svaline Jones and M~. Janice
Pa~lsen, French tear,rs representing ~idlothian sigh school,
and Monsie~ Pi=rte De~lanche an~ Mademoiselle Ve~oni~e
~n~h ~%u~n%s who are currently
~R~S, the Sch0ol Pmr~ner$ ~road ~xchange Program was
i~a=i~u~d a% Midlo~ian High School in ~e 1988-89 school
y~ar by ~ FrenCh tea=her, Mrs. J=nice Paulsen, and a ~ar~t~
Chesterfleld County ~ObOol ~oard; and
and Hidlothian ret~n~ the visit in the Spring; and
opening their homes to ~ visiting a~udents and thei~
Habert, from October 22, through Nove~r 8, 199~; and
~E~, students and teachers in ~oth schools look
forward to the annual vislt~ which provide a genuine focus to
the study u~ =he French and English lactates and the ~rench
teachur~ with the opportunity to live what they have learned
~ER~S, the h~n link i~ an important oomDonent of the
~ER~S, the families in the cu~uni~ies in Burgundy, in
and look forward tO ~ possibility of adult exchanges between
WHEREAS, the citizens Of ~idlothian have extended thsir
wsl~sms to the Frsnch ~udents ~his ysar by recognizing thsm
in their Village Day Celebration on ~aturday, October ~4th.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors doe~ hereby recognize and co,mend
the efforts of the French and American teachers and studenta
for their effert~ in fostering such a worthwhile l=arni~
experi~nae, the School Partners Abroad Exchange Program.
Vote: Unanlmoua
Monsieur Depluuneha and Mademoiselle Haba=t r~ad the
resolution in French.
~4r. Barber then presented the executed resolution in English
to ~s. Jones and MS. Paulsen and the executed resolution in
French to ~onaie~r Deplanchs and ~ade~oiselle ~abert, and
expressed appreciation to them for making the school Partners
Abroad Exchange Program much a worthwhile learning experience,
Time: 3:51 p.m.
FOUNDATIONS
Mr. Daniel stated the issue of shrink/swell soils has been ~n
e~istence for ~ro×imately one year and the Board hud
a~oimtsd the Com~issleo on So~ls and Foundation~ to a~reas
shrink~swell soils and, specifically, preventio~ and
t~e Commission and th~ Commission had ~u~mltted
recommendations to the Board for consideration; that several
of the Supervisors ha~ h~ld constituent msetings on the issue
and the Beard collectively ~ad held a public hearing on
october 14, 1992 to receive citizen input and as a result o~
the public hearing, the Sourd hud udopte~ recommendations for
p~evention measu~e~ and ~ould continue to address the
~[r. Warren inquired as to whether the County has the authority
to hire an independent civil engineering firm to specifically
perform moll te~ting and de~ig~ing of engineering molutions
for foundations damaged from shrink/swell soils in an effort
to provide a service to those citizens who are experiencing
damages attributable to shrink/swell soils; whether the county
has the authority to fund such a service from existiDg
building per, it fees Or additional building fees; whether the
County h~s the authority to establish a legal clinic for the
purpose of assisting citizens in identifying methods of action
available to t_hem to seek independent relief through such
methods as insurance claims and litigation against builders
and ~ontractors; whether the Country has the authority .to
establiah an "o~budsman" program for the purpose of an
advocacy role to assist eiti~en~ who have e~perienoed da~aqe~
to their homes attributable to shrink/swell soils and for the
purpose of this individual, employed by the County, to be an
advocate for t-bess citizens in addressing their questions~
concerns, needs and priorities; and whether the county has the
ability to press home warranty companies to broaden their
legal definition of structural damage to justly compensate
homeowners who may not h= meeting specific r~qulrem~nts or
because the definition of these oomDanies may net be broad
enough to addres~ their concerns.
L
Mr. M~cas mtated tbs County h=~ broad authority and would
include hiring an independent civil engineering firm to
specifically perform soil testing and desi~nlng of engineering
solutions for foundatioh~ damaged by shrink/swell soils and
the County could fund these types Of enhanced services Srom
ezisting fee~, new fees, or oth~r existinq sources of public
revenue. Ke further ~tated the County also has the authority
to establish enhanced services such as a legal clinic and an
"ombudsman" and noted the~e Services could also be £unded by
existing or new revenue mources. 5e imdicatcd in an attempt
to provide a statistical basis on claims, the County could
contact the State Bureau of I~$~ranc= and jointly assess claim
practices and, speolfioally, am it relates to MOW claim~.
F~r. Ramsay noted the County has submitted recommendations for
legislative initiatives to better 4clime State statutes
regarding coverage of home warranty eompanlee.
~lr. warren then inquired as ts what authority the County ham,
er whether additional authority would be required through the
General Assembly, if action was taken by the Boa~d to
establish and fund a foundation eecuri=y f~d and what the
legal ramification= would be if such a f~nd was established,
F~r. Micas stated the ~oard has broad authori=y in imposing
various types of fees through t~eir franc~himing ability in the
Charter as well as general pow~rm contained in the sta=e Cede.
questionable am it relate~ to how the £un~s ars sxl0ended. Ha
format outlined, the couaty's position would b~ legally
such a position. He further stated the County's ability would
be enhanced if a d~claration was made by the ~emeral ~sembly
that there is a public purpose in localities ensuring th=
integrity of its housing stock. When asked, he clarified
County could request the General Asms~bly~ t~cough the Public
Virginia for localities if they choose, to protect the
integrity of their housing mtook, tax base and economlo
development program by setting up funds to protect the
integrity of individual
Nr. Warren state~ the Board has recently adopted
recommendations submitted by the co, lesion on Soil~ and
Foundations in the area o~ prevention and inquired if there
those who would purchase ho~e~ in the future within the
County. Mr. Ra~ey stated last November, the County had
i~Dle~e~ted a requirement for foundations within the triassic
would now rec,/ire hlghe~ ~t~ndard foundations outmid~
in future building within the County. He noted ~taff would
address other issues adopted such as b~tter delineation soils
in a~ effort to bring ubsut more enhancementS.
Mr. Barber inquired if the County's r~quest for the General
Assembly to make a public declaration bad bean included in the
1993 Legimlative Packet. Mr. Ramsay stated the Packet
referenced the shrink/swell mcilm report and the request Would
be addressed after review of the legislative items by the
~oard.
~lr. MoHale inquired if thc actual dolla~ amOUnt needed tO
the $3.2 million ~a~ an estimate f~em a small survey and he
felt it would require a~ditiomal engineering =o better
10/28/92
define actual numbers in terms of houses and the amount needed
t~ r~D~ir the homes.
Hr. Daniel stated the Board was concerned about those
homeowners who have e×perienced damages attributable to
shrink/swell soils, He further stated he was the only member
cf the previons Board who felt a third party should
invelYad in addressing the shrink/swell soils issue and the
solution had proved more difficult than defining the problem;
that the area of assistance was complex and he was concerned
assistance program was offered; that the number of houses
dollar amount needed to repair the homes had not been clearly
defined; that there were avenues of recovery available to
homeowners t~sugh t~e court ~ystsm~ t~at be fel~ a timeframe
shoul~ be established in order to document specific instances
of homes damaged by shrink/swell soils or a combination of
shrink/swell soils and Door ¢~nstructien or Door construction;
that he could ~uppcrt hiring an engine~ for the County,
within the framework of surrent staffing, with the engineer
providing direction, assessment and advice a~d acting only in
an advisory capacity as he felt the County should not be
exposed to liability on the action of such an ~ngincer; that
provided the County did not contract an out~de luw firm ut
t~is time; that ~e could not support revenue from ~hs ~eneral
Fund going into an assistance fnnd or the impl~entation of
additional building permit fees, transfer fees, vacant
fees or other fees collected fr~ the private sector; that he
did not feel the collection of fees in this issue provided
direct correlation b~tween the reason the fee i~ collected and
the disbursement of the fee; and that he felt
reeemmendation~ would Rove addressing the problem forward
although he could not ~upport using County funds as a
mechanism for repairing the damaged homes.
When asked, Mr. Micas stated a County engineer or an
independent engineer would have the same ~unity the Building
Offiolal ,c~trrently has an~ ~here was no liability to the
County for this individual while acting as an agent for the
County.
Mr. McEale stated he was concerned about engineers~
recommended solutio~ being conflicting i~ t~rm~ of the
solution itself and the differences in cost for the same
recommended solutions.
There was brief discussion relative to the role of the
"ombmdsman" n~d, specifically, as it related to the area of
legal a~si~tance; whether the County could implement the
proposed recommendations under the current budget; and the
tim~£ra~e in which the County ooul~ implement £ees to recover
Mr. Mc~ale ~tated he could ~upport the County providing an
e~gi~eering service, legal assistance and aa "ombudsmae"
service. He further stated he was concerned as to the actual
numbe~r of homeowners experiencing damages being unknown and
felt the reeem~iendatiens would e~able citizens to co~e
and assist the County in obtaining an accurate number. He
indicated he was also concerned about the e~tablishment of an
assistance fund at this point in time as it related to being a
public purpose issue and ~tat~d he f~lt the Board could begin
the assistance process and address risk assessment within the
established
M~. Barber stated he supported the recommendations for legal
assistance for an "ombudsman'~ and for an independent engineer
92-806 10/~8/9~
but folt these groups should' not be County employees. He
further Stated d~e to a luck in confidence in the County frc~
the citizens, he felt it' would better serve the County and
budget and indlcate~ he felt the Board should Consider hiring
foundations. He stated he felt the enginoer should be charged
with designing the ~olution for the homeowners an~ the final
resolution of the ~ssue ~hould be in the best interest of the
enti~e County. He further spared he felt an aDDlioatlon form
indicated at como point in time consideration should be given
to .establishing a com~ittee to p~ioritize the needs of the
homeowners and if favorable action wes not received from the
their effsrts to assist homeowners.
There was brief discusslun relatlve to tho development of an
defining the scope of the issue and in prioritizing the needs
He further stated be felt the established timeframe was
the homes.
There was brief discu~nion relative to initiating ~he Request
for Proposal process and staffing level~.
from variouc departments to assist in addresming
implementatio~ issues and new initiatives in the B~ilding
Inspection Department.
There was brief discussion rolati~o to implementing the
Mr, Daniel made a motion, ~e¢onded by Mr. HcHale, for staff to
internally identify mn engineer to begin developing the
ReqUest for Proposal; to work with citizmnn on an individual
basis in terms o~ needs for foundation repairs; to instruct
the County Administrator, at hi~ discretion, to i~entlfy an
citizens on an advisory leve~; an~ to instruct staff to bring
back within si~ty days recon~endation~ regarding ~ time
application for~ and its criteria for consideration by the
~r, Mo~ale stated he was comfortable usin~ County ataff~
including attorneys and engineer~, to perform these type~ of
services an~ at a later da~e, if needed, the Board could
stated the pro~esed motion would begin providlnq ~ervices
i~ediately by placing mechanism~ into operation and the Board
could then consider further recommendations in sixty days.
Mr. Daniel stated the recommendations would initiate the
process and still pro~ide the opportunity to address further
recommendations in cixty days.
requirement for an appli~atio~ fee and the Request for
Proposal including contracted ~ervice~.
92-807 10/28/92
~I~. Ba~be~ ~tated h~ falt ~h~ motion ~h~uld includa
instructing the County A~min±strator to address
the proposed services. He further stated he felt the
application process and eligibility requirenent was a very
important i$$u~ and he was o0n¢~rn~d as to the impact a
closing date Would have on those homeowners experiencing
problems.
~r. Daniel etated fha intention of the motion included
addres=ing processes after the sixty day timeframe and the
t~me on whe~ the ~erv~ce= =hould be con%ratted or provided
There was bri~ discussion rulati~a to ~e eligibility
retirement and the sixty day
ad~esslng current staffing levels related to providing legal
include the cost of in-hou$~ versus contracted ~rvi~es being
provided.
Mr. Barber then ~de a substitute motion, seconded by Mr.
Warren, for ~e Beard to instruct the Co~ty Administrator
review hiring an ~nglneer to in,peet foundations and design
~olution~ when nece~a~ to ~ruvlde legal a~sis~ance
address initial consultation with citizens in order to provide
semite; and for staff to bring back in sixty days to the
sp~=iflcally, regarding the concept and cost of contracted
substitute mo%ions.
~. Daniel clarified the original motion included using
current mtaff~n~ levelm an~ f~r ~e Boar4 to
reco~ndmtions for a Re,est for Proposal for
~e~viee~ after t~e sixty day timeframe.
Dis~ssion, docents and ~estions ensued relative to the
s~mantics of the original and ~bstit~t~ ~otion~ and the
timeframe needed for ~ta~f to report bask to the Board.
It wa~ genially agreed ~ County A~inim~a~or would r~port
~ck to the Board at ire regularly scheduled meetln~ on
D~oember 9~
Discussion docents and questions en~ued relative ~o the
~ubntlt~te notio~ b~ing withdrawn.
~. baniel ~n called for the vote on the ~ubsti=~te motion
solutlons when neoe~; to p~ovide leqal a~i~tance
d~rectlon on available optlon~; to e~tabli~ an
Board for consideration their reco~endations and,
~cifically, regarding the concept ~4 cost of contracted
~ervi~e~ versus in-house services being provided.
Ayes: Mr. Warr~ and Mr.
Nays= ~r. baaiel, ~. colbert and ~. HcHale.
Mr. Daniel Galled ~or the vote on his motion, seconded
HcHale for staff to into=sully identify an engineer to b~gin
developing the Request ~or Prsposel; ts work with ~itizens on
an individual basis in terms of needs for foundation repairs;
to instruct the County Administrator~ at his discretion, to
identify an attorney and an "o~b~dsmas" to serve as an
inXormatlsn base to oitizens on an advisory level; and to
instruct staff to bring back to the Board at its regularly
sche~ule~ Board ~eeting on December 9, 199~ recommendations
regardin~ a time schedule and any other ~recedural matters
~ueh as an application form, and its criteria for
con~id~ratio~ by the Board.
Vote: Unanimous
Time: 5:00 p.m.
It was noted si~ee the work session regarding the Septic Tank
Ordinance was not addressed at this time, it would be carried
over to the next regularly scheduled Board ~eeting on November
6. NEW BUSI.N~S8
m-C- GONBBNT ITEHS
AUTHORIZATION FOR COURTY~%~TNT.STRATOR TO EXECUTE ~w
A~RE~4EL~ WIT~ ~OLoNI~ HEI~HT~ ~OR RBI~SEM~
N~ J~ENILE GRGUP ~OME
0n motion of ~r. MoHule, ~econded ~y ~. Colbert, ~e Board
authorized the County A~ni~trator ~o execute an agreement
with Colonial ~eights for reimbursement for a ps,tics of
~ome with ma~d cost tO be spread ove~ a three y~ar period not
tO =xceed $~0,000 per y~r. (It is ~ot~d the a~re~ent
obligates Colonial Heights to 12.5 percent of the net County
const~ction ecs% of ~e Grou~
Vote: Unanlmou~
6.0.2. ~MENDMENTS TO HINUTE~
· .e.2.a. JUN~ LO, 199__~
On motion of Mr. MoHale, s=conded by 5~r. Colbert, the Board
amended the minute~ of the JNlnu 10, 1992 ~ssrd meeting as
fellows:
adopted the ~ellowing ordinance:
("G~R") vucute~ to ~A~ G. ~EHN and ROBIN G.
(husband and wi~e}, lo~ 45 and 64, in Cameron Farm
Subdivision, Bermuda DistriGt, Chesterfield, Virginia,
~e Circuit Court of ~e~t~rfield Co~nty in ~lat Book 7, Pages
of Supervisors of Ch~sterfiel~ Cowry, Virginia to vacate
10/28/92
45 and 64, in CamerOn Palm Subdivision, Bermuda MagistoriaI
District, chesterfield county, virginia more particularly
shown on a plat dated April, ~936, r~o0rded in the Clerk's
Office of tho Circuit Court of said County in Plat Book 7,
Pages 14 and 15. The lots petitioned to be vacated are more
fully d~cribed a~ follows:
Lot 45 and lot 64, the location of which is more fully shown
em a plat by J. W. puqh Engr.~ detsd April~ 1936, a copy of
which i= recorded in Plat Book 7, pages 14 and 15.
WHEREA~, notice ha~ b~en given pursuant %o R~ct~on ~.1-
431 of t~e Code of virginia, 1950, as a~ended~ by advertising;
and,
~S, no public n~cessity ~xim~s Sot ~he contlnuunQe
of thm lotm mought to b~ vacated.
~OW ~EFO~, B~ IT O~AIN~D BY TE~ ~ OF SUP~VIMORM
That p~suant =o seotion t~.l-~s2(b) of th~ Code of
Vi~qi~ia, ~950, as a~e~ded, th~ aforesaid 10t be a~d are
hereby vacated, sumject to t~e recordation of River ~rest
~ivi~ion a re~ivi~ion of a portion of Cam~on Fa~.
This 0rdinan¢~ ~hall be in full f0rce an4 effect, mubject
=~t~f~ed copy of thi~ Ordinance, toge~er w~th the plat
attached hereto, shall be recorded no ~ooner than ~hir=y day~
hereafter in the Clerk's Office of the Circuit Court of
~esterfield County, Virginia pursuant to Section 15.1-485 of
is %o destroy ~ force und effect of ~e recordi~g of the
portion of the ~la~ vauated. ~is Ordinance zhall vest fee
simple title to the lots here~ vacated in the ~ners of the
ab~tting lot~ within C~eron Farm Subdivision, fre~ an4 clear
of any right= of public u~e.
Accordingly, this Ordinance shall be indexed in ~e name~
of ~e County of Chesterfield a~ ~antor and PAUL G. ~E~ and
R0~IN G. ~HN~ (husband and wife), or their successors in
TO~
"On motion ef ~r. ~cHale, seconded by Nr. Barber, th~
adopted the following ordinanco:
AN ORDINANCE w~e~¢by the COUNTY OF CHESTERFIELD, VIRGINIA,
("GRANTOR") vacates to PAUL G. KLrEHN an~ ROBIN G. KUEt~,
(huSband and wife), lots 45 and 64, in Camerom Farm
Subdivision, Bermuda District, Chesterfield, Virginia, as
show~ o~ a plat th=roof duly recorded in th~ Clerk'~ Office of
the Circuit Court of Chesterfield County in Plat Book 7, Pages
14 and
WHEREAS, M~. and M~. Paul G. K~O~ petitioned the
of Supervi~or~ of chesterfield county, virginia ko vacate lots
45 and 6~, in Cameron Fal'm Subdivision, Bermuda Maqiote~ial
District, chesterfield county, virginia more particularly
show~ On a plat dated April, 1936, recorded in the Clerk's
~0/~/9~
Office of the cirsuit Court cf said County in Plat Book
Page8 14 and 15. The lots petitioned to be vacated are more
fully described as £ellews:
on a plat by J. W. Pugh Engr., dated April, 1936, a copy of
which is recorded in Pla~ Book 7~ pages 14 and 15.
WHEREAS~ notice ham beeh given pursuant to Section 15.1-
411 of the Code of Virginia. 1950, as amsnded, by advertising;
WHEREAS, no public necessity exists for the continuance
of the lots sought to be vacated.
NOW THEREFORe, B~ IT ORDAINED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
That pUruuamt to Section 15.1-4S~(b) of the Code of
virginia, 1950, a~ amended, t~e aforesaid lot be and are
hereby v~G~ted, mubjest to the rscur~atlun of River Crest
Suhdlvls~sn a resubdivision sf a portion of Cameron
This Ordinance shall be ia full force and effect, ~ubject
ho the recordation of River Crest Subdivision a
of a portion of Cameron Far~, in accordance with Section l~.l-
4S~(b) of the Co e of Vlr inia, &OS0, a~ =mended, and a
certified copy of this Ordinunce, to~ether with the plat
attached hereto, shall be record~ ns sooner than thirty days
hereafter ~n t~e Clerk's Office of the Circuit Co%%rt of
Chesterfield County, Virginia 9ursuant ~o Section 15.1-485 of
the Code of Viruinia, 1955, as amended.
The effect of thi~ Ordinance pursuant to lsc~icn 15.!-4~3 ia
to ~e~roy ~he ~srce smd effect of the recording of the
portion of the plat vacated,
Acco~dingly~ this Ordinance shall be indexed in the names of
~he County of Chesterfield as grantor and PAUL G. KUER~ and
ROBIN G. KUE~, (husband ~ wife), or their successors in
title, as gra~te~.
vote: Unanimous"
Unanimous
6.~.2.b. ~UN~ 24, 1992
On motion of F~r. Nc~ale, seeonG~ ~y F_r. Colbert, the Board
~;e~d~d the minutes of the June 24, 1992 Board ~eeting ss
follo~;
"On ~otion of M~. ~r~er, ssconded by Mr. Colbert, th~ Soar~
adopted the following resolution:
WHE~EAS, the citizen~ of Ch~ute_rfiel~ County overwhelming
aPprov~ a bond referend~ in November, 1988, to enlarge th~
ov~o~owded ~ental ~ealth/Kental Retardation and Substance
Abuse Center; a~d
~ZR~S, th~s new state-of-the-art facility has been
designed and const~c~ed to ucco~odatm ~ provision of a
Varle=y of quality mental health, mental retardation and
substance abuse ~rvic~ for children an~ adult~ and
given ~Q~g~£9~ c~n~i4era~i0n Go naming ~hi~ impor~an~
facility in memory of a Chesterfield citizen who has directly
supported and enhanced services to persons with mental
disabilities; and
W~EREAS, Mrs. Carrie M. Rogers (1906-1990) was recognized
during her lifetime as a dedicuted and faithful member and
former Chairman of the community Services Boards and
WR~R~AS~ Mrs. Roger~ wa~ widely kn~ locally
throughout the Co~onweal~ for her co~itment and significant
oon%ribu=ions =o ~um~ so.ices ~ro~ams in general
specifically~ in the provision of ~atity mental
mental retardation and substanc~ a~se services to
~itlzen~ of ~e~t~rfiald County.
NOW, E~EFORE BE IT ~SOLVED, that the Ch~t~rfield
Co~unity Se~ices Board hereby unanimously endo~e~ n~ing
the Mental ~ealth/Mental Retardation/~stanc~ Abuse Center in
memory of ~s. cable M. Rogerz.
~D, BE IT F~TH~ RESOLVED, that a ~opy of
r~solution be forwarded to the chesterfield county ~oard of
Supervisors for ~et~ consideration.
Vote: Unanimous"
"On motion of Mr, Barber, ~eccnded by Mr, Colbert, the Board
adopted the following resolution:
W~R~TAS, the ¢iti~nn of Chesterfield C0~nty overwh, lm~ng
approved a bond referendum in November, 1988~ to enlarge the
Abuse Center; and
WHEREAS, ~his new state-of-the-art facility has been
designe~ an~ constructed to acco-mmo~ate the provision of a
variety of quality me~tal health, mental retardation and
eubstanoe abuse ~ervi~e~ fo~ c/%~ld~en and adult~; and
W~EREAS, the Chesterfield Community Services Board has
given thoughtful consld.ratlon to naming this important
facility in memory of a Chesterfield citizen who has directly
supported and enhanced ~ervices to persons with mental
di~abilltie~; an~
W~ERKAS, ~r~. Carrie M. Roq~r~ (1906-1990} wa~ r~ccgnized
during her lifetlme a~ a dedicated and faithful member and
former Chairman of the Community Services Board~ and
~EREAS, F~$. Roqers ~as widely keow~ locally a~d
throughout the Commonwealth for her c~mmltment and ~iqniflcant
contributions to hunan services program~ in general and,
spe~±flcally, in the provision of quality mental health~
mental retardation and ~ubetmnee abuse ~ervlce~ to the
¢iti~en~ of Chesterfield County.
NOW, THerEFORE ~E IT P~SOLVED, that the C~lesterfleld Board of
Supervi~or~ hereby unanimously desiqnates the Mental
H~alth/M~nt~l Retar~atlon/Subst=noe Abuse Center as the C~rrle
AND, BE IT FURTHER RESOLVED~ ~at a copy of thi~ resolution be
appropriately pre~ented to the family of Mrs. Carrie M.
Rogers.
0~ ~e~i0n of Mr. McHale, eecended by ~r. Colbert, the B~ard
amended the ~i~tes of the August 26, 1~9~ Board meetin~ as
~ollows:
"After brief discussion, on motion of Mr. Barber,
Mr. Colbert, the Board adopted 2ha following erdlnance:
AN ORDIN~NC~ TO AM]END THE ~ODE OF THE
OF ~ESTERFIELD~ ~9~8, A~ ~ENDED, B~ R~P~LIN~
BE IT 0~AINED by the Board of $up~isors of
{1} That Chapter 19 of the Code o~ th~ County of
Chapter 19.1
S 19.1-2 Applicability of Chapter.
~ 19.1-3 Certificate of public convenience and
~ 19.1-4 Inspection of vehicles.
~ 19.1-~ Approval of aolor soheme~ n~er, etc.,
chief of police.
~ 1~.1-~ Taximeters.
$ 19+1-7 ~tes --Generally.
~ 19.t--8 Same~-Enumera%ed; ~pecial discount for elderly
~ 19.1--12 Taxicab stands.
~ 19.1-16 Nonpaying
~ 19.1-17 Refusal of ~iverz to ~ak~ t~ips; prefer~nc~
~ 19.1-~9 Drivers to remain wi~ vehicles.
~ t9.~-20 Dr~vimg, etc.,, under influence of intoxicating
~ 19.1-21 Duty of driver as to use of for-hire c~r for lewd,
etc., p~ose or fur ac~ulm~tion.
~ 19.1-22 Driving with firearm~, etc., in ~river.
twenty-four.
~inderi~g, retarding, etc., transportation.
Certificate holder of have telephone listing,
Monitoring radis dispatches.
Lost and found property.
Application of traffic laws.
Record of calls to be kept.
Public L~ability insurance required.
Driver's permit--Required.
Sams--Application.
Sane--Investigation of applicant; issuance of
perni~; contents and display.
Refusal of permit.
Revocation of permit.
I~suance of permit after refusal; reissuanoe after
revocmtion.
Probationary permit.
Refusal of certificate of necessity.
Revocation of e~rtificate of necessity.
I~uance ~f certificate after refusal; reissuance
after revocation.
Procedure UpO~ ~£u~al O~ revocation of certificate
or permit.
False statement in application.
Compliance with oha~ter requisite to use of terms
"taxi", "taxicab", etc. in advertising.
Enforcement.
Penalties.
Unlawful for ~ertif~nate bolder ts permit driver to
violet, chapter.
Exceptions.
Reciprocity.
Authority of chief of polioe to make ~ules and
sec. 19.1-1 D~fisltlons.
For the purpose of this chapter, the following wor~ and
phrases ~h~tl hay= thc m~a~ings respectively ascribed to them
by this section:
Certificate. The certificate e~ public convenience and
necesnity granted by the county to owner~ of for-hire cars to
authorize ~uch owner~ to engage in the business of providing
for-hire car service in the county as provided in this
chapter.
Certificate holder. Th~ owner of one or more for-hire
cars who hold~ a valid unexpired or unre¥oked oertlficate of
public convenience and necessity to operate one or more for-
hire car= under the provision= of this chapter.
~r~ver. Any p~r~on operating a for-hire car while such
oar is available for public hire in th~ o0~ty or i~ be~n~
used by tho public in the county.
For-hire car. A passenger-carrying, self-propelled motor
vehicle maintained for hire by the puhllc and operated ~pon
the streets of the county in the transportation of passengers
for compensation, but excluding common carrier~ of persons Or
property operating as public carriers under a certificate cf
public convenience and necessity issued by the state
Corpora=ion commission or under a franchise granted by the
county.
Motor vehicle. Any vehicle, machine, tractor, trailer cr
semitrailer propelled or drawn by mechanical power and ~scd
upon the public reade of the county and the roads open to the
92-814 10/2S/92
public on the property ef public bodies, inol~ding the Capital
Region Airport Co~nulsslon, iN the transportation of passengers
or property, hut doe~ not i~¢lude any vehicle, locomotive or
car operate~ exclusively on a rail or rails.
Owner. Any person in the business 'of providing for-hire
cas service and having control of the operation or maintenance
of for-hire cars and including the purchaser of any for-hire
car under u conditional sales contract or other title-
reserving agreement, and parsons controlling the operation of
independently owned vehicles through methods such as, but not
limited to, ra~io-~ispatnhed systems and name licensing
~erson. Every individual, firm, partnership, association
Recmalar service. The provision of a mlnimu~ Of tWO trips
individual.
Taxi,ab. A for-hire passenger-carrying, self-propelle~
taxicabs in accordance with thi~ chapter.
8e¢. i9.~-~ Appli~abillty of chapter.
exercise of the police powe~ qra~%=d to the county by charter
~nd general law. This chapter is not intended to qran~ er
offer a f~anohise to us~ the streets, but it is intended to
regulate the operation of taxiuabs and other for-hire cars.
this chapter at any time. Upon the repeal of this chapter,
all privileges granted hereunder shall cease and t~r~inate.
The operation of taxi=mbs and other for-hire cars within the
county shall be subject to the condition~, reg~latiens and
restrictions set forth in this chapter.
~e=. i9.~-$ Certlfi~ate of public omnveslenoa and necessity.
(a) Reuuirad. It shall be unlawful =o operate or cause
certificate of public convenience and necessity has been
issued to the owner thereof hy the mhlef of police covering
re~uluticn~ and restrictions set forth and pr~s=rlhed in this
ehapte= have Been complied with by ~uch OWner. The
certificate shall provide for the operation of a specified
number o~ ~er-hiTe vehiele~ and it shall be unlawful to
provided in the certif~cate+ Additional for-hire vehicle= may
be operated ~y a certificate holder only upon written
application on a form provided by the chief of police,
approval of such application, payment of fees p~ovided
hereunder and compliance with all other provisions of this
chapter. ..
(b) Expiration: renewal. The initial certificate of
public oonven~ence and n~cessity shall last until January 31
following its issuance and may ~e renewed thereafter annually.
The chief Of police shall presorlbe a form to be used in
initially applying far the certificate and a form to bs used
92-815 10/28/92
an individual vehicle or any one cf the speeifie~ number of
vehicles for which the certificate has been i~ued when the
particular vehicle has not been used to provide taxi,ab
service for ~iRty (6~) or mer~ consecutive days.
Id) o t an~ ~rab e. A certificate of public
convenience and necessity shall not be transferable.
(e) ~ee~. In addition =o any other fees prescribed
elsewhere in this Code, each applicant for a certificate cf
public convenience an~ necessity shall pay an initial
application fee of fifteen dollar~ ($~.00) per vehicle li~t~d
in the certificate and upon each annual request for renewal of
such certificate shall pay th~ same ~ee.
(f) Limitation cf number issued. When it appears that
it is in the public interest to limit the number of owner's
certificates issued by the chief of police, the Board of
supervisors may, if it find~ after an advertised public
hearing that it is in the public interest, prescribe the
be issued. Thereafter, no new certificates shall be issued
outstandin~ is less than the prescribed number; provided, that
renewal ef an existing certificate ~hall not be regarded a~ a
new certificate for purposes of this section.
(~} Minimum specifications for vehicles. I= shall be
unlawful for a certificate holder tc place into =striae a for-
vehicle and meets or exceeds the following minimum
specifications:
1. ~eed room: Front - thirty-eight (38) ~nches~ rear -
thirty-eight (35) inches.
Leg room: Fro~t - forty-one (41) inches, rear
forty-one (41) inches.
3. Shoulder room: Front - fifty-~even (57) inche~,
rear - fifty-seven (~7} inches.
4. Hip roes: Front - fifty-five (55} inc/%ez, rea~ -
fifty-five (55) inches.
5. Ent~anc~ heiqht: Front - thirty-five (35) inches,
rear - thirty-five (~$) inches.
6. Tire size: Fourteen (1~) inches.
7. Wheel base: One hundred six (106) inches.
os~icial interior dimensions from the manufacturer oust
b~ submitte~ to the chief Of police by the certificate holder
~rlor to placing any vehlel~ into servi0e.
Every for-hire car for which a certificate has been
granted by tho county ~hall be inspected by the chief of
police, or some member of the division of police desiqnated by
him or such other reputable agency as the chief of po!lee nay
prescribe, at regular ~ntervals of at lea~t every twelve (~2)
~onth$, and at such other times as the chief of pollca may
prescribe. If s~ch vehicle shall be found to be in an unsafe,
upholstery the owner thereof shall be notified by the ¢~ief of
police at once of such defect and such vehicle shall not be
c~ief nf police.
(a) There shall 'he displayed on: every for-hire car
lettering clearly showing the name and number of t/~e o~ne~
thereof and indicating that ~uch vehicle is a for-hire car.
Taxicabs shall use only the wor6~ "taxi", "cab" or "taxicab"
to indicate that such vehi¢le is a for-hire car. The color
and the position t~ereof on each s~oh vehicle shall be
assigned by the chief of ~olioe and no vehicle shall be
operated under the provinio~ Of this chapter unless and until
suer assigned specifications have been complied with.
Taxicab~ in ~ervie~ under a vali~ certificate on %he effective
date of this provision shall be brought into COmpliance with
=11 color and signage specifications no later than January 1,
1993. The failure of any owner to comply with such assigned
speci£icaticns also shall ~onstitute a violation of this
chapter.
(h} NO vehicle shall be operated ~nder the provisions of
this chapter unless the c~ie~ cf police has first assigned to
suc/% vehicle a decal which shall be affixed to th~ rear bu~per
and which shall contain a sumber registered with the.chief of
police. Such decal ~hall not be transferred to another
vehicle, shall b= displayed at all times~ and ~hall not be
the certificate holder's fleet or except upc~ direction of the
chief of police.
(c) It shall b~ unlawful to operate a vehicle which does
not meet the requirements of thi~ ~ection.
Every taxicab shell be equipped with a taximeter
prescribed by the chief of police ~y which the charge for hire
is ~schanically or elect~0nieally calculated, both for
distance traveled and for wai~ing ~ime, and upon which such
charge shall be indicated by mean~ of figures clearly visible
to the passenger. The taxime%er~ shall be equipped with a
mechanical o~ electronic devic~ Dy which the driver of a
taxicab can put the taximeter in operation and the device
shall be ~ept in an operating position at all ti~e~ durln~ the
transpor=a%ion cf ~eyin~ passengerm. It shall be unlawful for
in an operating position at all times during the
inspected and validated for accuracy during such inspections
provided in Section 19.1-4; provided, that the ehie~ o~ police
independent te~ting agencies as may be approved ~y the chief
u~ed, the owner shall pay the coat~ c~ such validation. Any
taxicab found to have a defective taximeter shall not be
operated as a for-hit= car ua~il such defect i~ corrected.
~xcept as otherwise provided for in this chept~ ~ates
to he charged to passengers eDgaging a for-hire car shall he
f~xed, prescribed er established by the Board of Super¥isor~
vehicle to c~arge a rate above or b~low the rate so fixed,
prescribed or established.
BA-$17 ~0/2S/g2
(a) The rates to bs charged passengers Ay certificate
holders cr drivers cf taxicabs shall bo as follows, and it
shall be unlawful for a certificate holder to permit or a
driver to make any greater cr lesser charge for the
transportation cS passengers and baggage:
For the first one-fifth mile $1.50
waiting time shall include the time consumed while the
taxicab is waitinq for a passenger beginning five (5) minutes
after the time of arrival at the place to which it ha~
called and the time consumed while it is standing at the
direction of the passenger. Waiting time shall not include,
and no charge shall be made for, the time lo~t OH acco~ot cf
inefficiency of the taxicab, or its operation, or time
made for mileage while waiting time is being charged.
(D) For a trip originatin~ between the hours of
p.m. and 6:00 a.~. of ~le day following, in addition to the
charges registered on the meter, a surcharge cf fifty cents
($0.~0) per trip ~hall be added to compute the fare for ~uch
(C) The owner of any taxicab may, upon receipt of
=at,=factory proof that a person i~ sixty-five (65) years of
ag~ or older, er disabled, issue to any such eligible person a
co~pon book or script entitling such person to transportation
and service~ of the value of five dollars ($5.00) for a
consideration of not le~s than four dollars ($4,00), For
put, sees of eligibility under this chapter, disabled persons
include individuals who are physically, hearing, mentally, or
visually impaired. Th~ following identification may serve
satisfactory proof of ags or disability: a valid driver's
license; a valid GRTC senior citizens ID or Medicure Card; a
valld GRTC ~andicapped or Disabled Id~ntlflcation Car~; or a
valid identification card issued by a public
Di=abilitie= Act.
contrasts with organ~zat~on~ and conpanie~ to provide taxicab
The owner cf any taxicab may enter into written contracts
with individuals to provide, on e negotiated basis, re9%tlar
gervice, as defined in Section
Ail s~¢h contracts must bs kep~ and preserved in tho main
offices of the taxicab company during the terms of the
contract and for twelve (12) heaths af=e~ termination of the
written contract shall not be fixed, prescribed, or
e~tablished by the Bea~d of Supervisors. As ~eq~ired by
Section 19.1-6, taximeters shall be in ogeration at all times
d~ring the transportation of pass~nger~; however, the charge
for such servisss shall be governed by the written contract,
and not the taximeter.
Sestiom 19.1-9 same--Display.
county in whicuh there is not displayed at acme conspicuous
person hiring s~ch Yahio~e, the rates ~ixed, prescribed or
established f~r the use of any such vehicle. Such rates
also be ~i~played on the exterior of each side of for-hire
cars in a manner to be approved by the ckief of police
8es. 19.1-1~ Roof light; failure, etc., t¢ uae.
Each taxicab shall be equipped with a light prescribed by
The chief of police ~ou~ted to the roof of the taxicab which
shall indicate to the public that the vehicle is er is net
under hire. The ~oof light ~hall be lit when the car is
available to the public for hire. It shall be unlawful for a
driwe~ to fa~l, r~fu~e or reflect to operate such roof light
or to operate ~ueh l~ght in a misleadlmg manner+ Such light
~hall he inspected during such inspections provided in ~ectioo
19.1-4. A~y ~axioab found to ~ave a defective r~of light
shall not ~ operated as a for-hire car until ~¢~ d~ecA is
CT o~e~ise on any public ~treet 0~ public property in the
co~ty ether than at such stands as nay be ~m~gnated and
(a) The chief of police shat1 de~qnat~ $~¢h pla=es in
the str~ts o~ %he county as ~ax~cab stand~ a~ will, in
~he ~ublio un~ ~hall pre~cribe the n~ber of taxicabs that may
be parked or stopped in ~a~ ~ta~d at any one time.
(b) ~y tmxicab for which a certificate of convenience
and nscessi%y has been issued shall have the p~ivilege of
parking or stopping in any taxicab ~tand when space
or s~op ~ tmxi=ab at or near a taxicab stand when th~ number
the stand. Only %axlcab~ may park ~t taxicab stands.
No per,on other than ~he Sirst p~r~on =~en into a
taxicab except upon the direction o~ ~h~ fir~ De,son so taken
into ~e taxicab, a~d thc certificate holder sheS1 ROt
first p~son taken into a ~ax~cab for transportation to allow
any other to be transported in the taxicab. Should ~he Sir~t
~er~o~ taken into a taxicab for transportation direct the
driver to allow another to be transported in the taxicab, the
first D~sun so t~en inte the taxicab shall b% liable for the
pa~ent of the fare for th~ transportation of all
transposed a~ t~e rates ~rescribed in Section 19.1-8, unless
ot~e~ise u~eed upon by the driver and any one or all of the
Tt ~hall be unlawful fo= a drlv~r to transport in
than four (4) passengers in the rea~ at th~ s~e time.
92-819 10/28/92
ceetion ~9.~-1c Transportation of passengers by most d~eet
Every driver eS a fur-hire =ar shall transport each
vehiole to the destination of the passenger by the most d~rect
route, unless otherwise directed by the passenger. When auch
route reqnlres the payment of a toll, the driver shall
agrees to pay the tell charge.
Sea. 19.l-16 Nenpa~fng passengers.
passenger in any for-hire =ar, axca~= a police offioeat engaged
i~ the performance of his duty and unubl~ to obtain other
adequate means of transportation.
(a) No owner or driver of any for-hire ear shall refuse
to transport any passenger to any part of the county Or tn the
City cf Richmond or Counties of Hanrlco and Kenover for a trip
originating in t~e countyy provided, however, no driver s~all
be required to drive the vehicle operated by him to any place
w~sn i~ may be phycieally detrimental ta such vehicle to do so
or when it may endanger the d~iver or any of the occupant~
(b) Every certificate holder end driver shall give
the ordem of their receipt.
~ve~y for-hire car shall receive and discharge passengera
only at the rlgh%-han~ cur~ of ~he s=reet and only when at a
full Stop; except that passengers may enter or leave a taxicab
from ~he le~t side at the left-hand curt of a one-way street.
See. ~9.~--19 Dr~vers to r~in with vehicles.
The driver of any fer-hlre sar shall remain in the
vehicle or within fiv~ (S) f~et of came at all ti~ec while
taxicab ctand, except while engaged at the request of the
pacsenger hiring t~e vehicle in loading or unloading the
baggage or other property of such pac~e~ger or in the event of
See. 19.1-~ Driving, etc., nnd~ influence of intoxicating
It shall he unlaw£ul for a driver to operate and =rive a
intoxicating b~verage, narcotic, sedative, barbiturate,
narcotic or sedative, or to be unde~ such influence while on
d~ty to provide taxicab service, whether or not actually
operating or driving a for-hims car, er to opurate and ~rive a
for-hire car at any time with any alcoholic beverage in any
quantity in his possess/ua, either on his person or in the
taxicab.
leWd~ ate,; ~U~l~Se or for ee~uialtion, et~., O~ ~lcohollc
It shall be unlawfui for a driver~ito permit a for-hire
ear to be used for lewd or indecent purposes, or to transport
any person in a for-hire oar ts any place for such purposes,
or to knowin~ly acquire er transport for another in a for-hire
controlled substance.
Se~. ~9.~-22 DriviBg wi%h firearms, etc., in possession of
for-hire car at any time with a firearm, dirE, bowie knife,
blackjack, brass or metal knuckle0 or knife with a blade
longer than three (3] inches in lenqth in his possession, er
in the for-hire car~ provided, that if the driver of a for-
driver may have in his possession any firearm issued to him
pellce officer.
8ac. 19.~-2a Dut~ of drivere to k~p taxicab clean, etc.
neglect to keep any vehicle w~ioh he operate~ under the
previ~io~ of this chapter clean and efficiently lighted at
night.
~eo, 19.1-aA Drivor~ ~e~ ~e drive longer than thirteen hour~
in twenty-four,
No certificate holder =hail require a driver to, and ne
driver shall, driv~ a taxicab or remain on duty for such
pnrpeees longer than thirteen (13) hours in any tweedy-four-
hour period.
~o p~rson shall in any way intentionally hinder, retar~
or interfere with, or cause tO be hindered, retarded er
interfered wi~h, the f%trnishing of transportation by any
unauthorized calls for taxicab service shall be prima fa¢ie
.evidence of th~ i~t0ntion to hinder, retard or interfere with
the proper operation of a tuxicmb and the furnimhing of
transportation thereby.
Se~, ~9.1-25 ~e~tifi~a~e holder ~o have telephone listing.
Every certificate holder shall provide and ~ai~tain at
all times o listed telephone in the Dame in which the
certificate h01dar ie ~o~ng for-hiring business, by which
calls may he ~ade for for-hire servi=e, which telephone
listing, i~ the certificate holder operates five (5) or ~ore
for-hire cars, shall al~o appear in the classified =elephone
directory.
I= shall be unlawful to have ~adio frequency scanning or
similar electronic ~evices in a for-hire wehlcl~. It shall
diepatcher and a for-hire vehicle er b~twesn two (~) or ~ore
fur-hire service without the permission of the participants to
92-821 1D/28/92
the communication er of the ~ompany for whom they are
employed,
(a) It shall be unlawful for a driver to knowingly fail,
refuse or neglect to preserve any property left in a for-hire
Car by any passenger and to thereafter deliver if to the
(b) Each certificate holder shall carefully premerve all
property left in a for-hire ear by any passenger and delivered
to the certificate heldmrby a driver, which property shall be
kept by the certificate holder at some ¢onveniont place within
property shall have been idenClfled and ownership e~tablished,
if shall be promptly delivered to its owner. A~y property
which shall not he called ~or within three (3) months may be
disposed of according to law.
Sec. 19.i--Z9 Appllcatlon of traffic laws.
~v~ry for-hire op~ratln~ sn the ntreets of the county
shall be subject ts all laws and ordinemcea regulating traffic
applicable to other vehicles,
(a] The owner and the driver of a fox-hire car shall
keep a "manifest", which shall be a permanent record of the
transportation oS each passenger. Each manifest shall
include:
(2) The number of the for-hire oar approved by the chief
of police.
(3) The address or place where the transportation of
each passenger originated, and the date and time
thereof.
(4) The address or place, date ~nd time the
transportation of each paying passenger terminated,
which shall be recorded on the manifest upon the
termination of each such transportation and
trap~portation of any other paying paEEenger ha~
begun.
(b) A ~anifest shall be carried by the driver in the
for-hire car at all times during the operation of such vehicle
and a separate manifest shall be kept for each day of
operation of the vehlole; provided, that a driver operating a
for-hire car at midnight may continue to use the manifest
bearing the date the wsrk Derio~ ssmmenced through the end of
the final entry on a manifest, it shall be delivered to the
main office of t~e f0r-~i~e cw~e~. The manifest, whet~ in
possession of t_he driver or at the place from which the
busi~es~ i~ conducted ur directed, ~hull be subject at all
times to exam~na:~on or inspection by t2%e chief of police or
~is designee. Each manifest shall be kept and preserved for
twelve (12) me~t. hs, and thereafter any mamiXest involve~ in
any investigation made or being made by any police officer
s~all be kept and preserved for such lsnpth of tlmm as the
chief of police shall request in writing to the certificate
holder. No owner of a for-hire car nor driver shall exhibit a
manifest or be compelled to exhibit a nuanifest except to the
chief of police or ts ~usb person as the chief cf pelic~ may
direct, or upon court order.
10/28/92
No owner shall be permitted to operate a for-hire car
withia the county unless and until s~0h owner shall have
secured and deposited with the chief of police a certificate
of insurance against public liability and preperfy damage for
each such vehicle ac operated within the county, issued by a
solvent insurance company licensed and duly authorized to
execute such policy within the ¢o~onwealth and to carry on
~uslness within the Commonwealth, 8~ch certificate of
insurance shall be issued to such owner on each for-hire car
owned or operated by eueh owner within the county and shall
provide for ~.he payment of any final judgment, net to exceed
the eom of ORe hundred thousand dollars ($100,000.00) for
injury or death to any one person, the sum of five hundred
t/~0usand dollars ($500,000.00) for a total public liability
for any One accident, the sum of fifty thousand dollars
($50,000.00) property damage in any accident and the sum of
ten thousand dollars ($10,000.00) for cargo liability, which
may be rendered against ~¢h in~ured for or on aouount of
damage to property for which ~uch owner and d~ivers may be
liable while operating or permitting to be operated such for-
hire oar within the county, or by reason of or growing out of
the careless er n~gligent operation of such vehicle by such
insura~ or hie agents, drivers or employees within the county,
Such certificate of insurance shall contain a clause
o~ligating the company issuing =he same to gi¥~ ten (10) days'
written notlc~ to the chief of police before cancellatie~
thereof. The insurance certificates required under Article 7
submitted to the State Corporation Commission shall be
a~cepted in ~atisfaction of thi~ provision.
So~. 19.~-32 Delver's ~armi~-Re~uired.
No person shall drive a for-hire vehicle subject to the
requirements of this chapter unle~ ~uah psr~on flre~ attends
a basic taxicab driver orientation program, approved by the
chief of police, and obtain~ a driver,s permit from ~he chief
of 9ellcs; provided, however, such potion may be issued
temporary or provisional pex~it for s period not to exceed
ninety (90) days during which poriod such parson shall attend
the basic taxicab orie~tatlon program. T~e initia~ driver's
permit shall last for twelve (12) months following its
issuance and may be renewed thereafter annually.
at the basic initial taxicab driver orientation program or the
follow-up taxicab orientation program within twelve
months preueding the date of renewal application shall be
rmquired am a condition of driver permit renewal. The chlsf
cf police shall prescribe a form to be used in applying for a
r~newal. Each ~pplicant for a driver's permit mhall pay an
initial application fee of twenty dollars ($20.00) and aden
each ar~ual requemt for renews! of such Der~it shall pay e fee
of twenty dollars ($20.00). The fee for replacement Of lost,
~tolem er damaged permits ~ha11 bm ten dollars ($10.00). The
permit shall be valid for the operation of o~ly those vehicles
~ubjec= to a certificate o~ public convenience and
issued ~/lder this chapter.
Seu. 19,1-~ same--Applieatiou.
(a) Application for a driver's permit shall show the
following:
(1) Full name of applicant.
Present address.
(3) A~e and plase of birth.
past five (5)
92-s2~
(5) Height, weight, solor of eyes, color of hair and
(6) Whatha~ or not applicant is in good physical
condition.
(7) Whether or ncr applicant hue good heuring and good
eyesight.
(8) Whether or not the applicant is, or has been, within
the period of two (2) years last past, addicted to
the use of intoxicating llquors, drugs or other
for~s of narcotics and~ if sot to what ek-~ont.
(9) Whether or mot applicant has ever been convicted
pleaded guilty to or entered a plea of nolo
butter~, crime of moral turpitude, felony or
operating a vehicle while un,er the influence
alcohol or drugs and, if so, such other information
as may be recluired by the ohlef of
(10) The record of applicant with respect to traffic
vehicles and other offenses affecting the
suitability of the applicant as a person who should
be permitted to operate a for-hire car including
violations of this ~hapter or the provisions of any
other law in this Commonwealth governing the
(il) Whether or not applicant has previously been
employed or licensed as a chauffeur and, if so,
whether er not any license er permit issued for
purpose has ever been revoked or suspended for any
(l~) What experieneer if any applicant ha~ had in the
operation of meter vehicles.
(13) The name and address of owner for the for-hire
vehicle to be opera, ed by ~e applicant and, if
different, ~.e numc and uddress of the company for
whom applicant will be driving.
(b) ~ach applicant shall apply for a ~river'a permit in
person and have his fingerprints taken, which fingerprints
shall constitute a part of his application, and each applicant
~halI hav~ filed with i~ application two (~)
photopraphs of h~ms~lf of a mize deslgnat~d by the chief cf
police, one (1) of which shall be attached to and shall become
a part of the application. ~nd the ether of which mhall he
attached to the permit, if issued, in such a manner that no
other photograph may be s~bstituted thereof without
probability of detection.
pm=mit; contents an~ ais~la~.
(a) The chief of police of the sounty~ upon the f~l~nq
after notice to the applicant and opportunity afforded the
applicant to be he=rd, shall promptly ma~e an investigation of
the matters stated therein, and if the chief of police shall
find, upon such investigation, that the a~licant possesses
the necessery quallfication~ on the basis of the information
furnished in the a~plica~ion and ~_he investigation %hereof,
the chief of police ~hall i~ue a permit nard. which ~hall
k~ar a number and which shall con. in the name, home ed~ress,
business ad~ress and a photograph of the applicant, and the
name of the owner of the vehloles to be operats~ by the
applicant will be driving. The driver shall post his permit
card in full view of the passenger in any for~hire car which
is being operated or is in charge of the applicant. The
permit shall be valid only for the operation of such vehicles
owned hy the person or persons listed on ~uch permit oard and
92-824 10/28/92
notifieati0n, on a fern provided by the chief of police, nnd
shall have hsd the name of the o~ner o~..su.c~ other vehicles
indicated on his permit.'
driver's license issued by the State Department of Motor
vehisles shall ~reate a presumption that such po=son ham the
minimum physical amd mental qualifications provided herei~
driving a for-hire ear but, if the chief of police bas doubts
as to an applicant'~ physical and/or mental capability,
the chief of pc]ice ~ay require the applicant to oub~it to a
physical examination by a licensed deutor of ~ed~o~ne and to
verify by written report filed by ouch doctor the applicant's
physical or mental capabilities.
Sec. 19.1-35. Refusal of ~e~l~.
subject to tbs provisions of section 19.1-42, the chief
of police shall refuse to issue a driver's permit tea
whs has ~ile~ an appliefl:ion, as set forth in th~
section, if, basod npon the application a~d after
investigation the :h~ef of polics finds any cf th~ following:
(a) The applicant has heen convicted of; pleaded ~ilty
to, o~ pleaded nolo ~on~nde~e within the p~t three
{3) y~ar~ to any felony;
The applicant has been convicted of, pleaded guilty
to, or pleade~ nolo contenders within the
twelve (12) monthB to any larceny, assault, battery,
erim~ of moral turpitude or illegal possoooien of
a felony;
(e) The applicant has been oonviote~ of, pleaded guilty
twelve (12} months to operating a motor vehicle
while under the influence of alcohol or
(d) The applicant bas been =corSeted of, pleaded guilty
to, or pleaded ~olo cen=sndere within the past
twelve (12) months to throe (3) or more ~0ving
violations under the motor vehicle law~ of this
Commonwealth other than those involving operating a
or drugs;
(e) The applicant has been convicte~ of, pleaded guilty
to, er pleaded nolo contenders within the past
twelve (l~) months to three (3) or more
of t~is chapter or of any other lucal law in thi~
Co~onwealth governing tho operatin~ o~ taxicabs or
(f) The applicant knowingly makes, or causes ~e be made,
either directly or indirectly, any falme statement
on hi~ application; or
(g) The applicant otherwise lacks the following minimum
physical er men=al clualifications:
or functional di~a~e llkely to inter£~ra with
safe driving.
(3) Drivers shall in all other ~espects ~atisfy the
minimum physical and mental requirements for
Department of Motor vei~icle~.
(h) The application is lemm then eighteen (lg) years cf
age; or
[i) The applicant does not possess a valid and c~rrent
se~. A9.~-3~ R~wocm~io~ of pez~it.
subjec~ to the provisions of Section 19.~-42, the permit
of any driver of a for-hire car shall immediately become void
and ~hall he immediately ~urrendered upon the occurrence of
any of the following:
(a) The driver is convicted of, pleads guilty to cr
pleads n01o c0ntendere to any felony;
(b} The driver is convicted of, pleads guilty te or
pleads nolo c0ntendere to any larceny, assault,
battery, crime of ~oral turpitnde or ~llegal
The driver is convicted of, pleads guilty to or
pleads hole contenders ts operating a motor vehicle
while under the influence of alcohol or drugs;
(d) The driver is convicted of, pleads guilty to or
to three (3) or more moving v~olatlonm under the
theme involving operating a motor vehicle while
under the influence of alcohol or drugs;
(e) Thc driver i~ convicted of, pleads guilty to or
pleads nolo contenders within a twelve-month period
to three (3) or more violationm of this chapter er
of any other local law in this Commonwealth
qoverninq th~ operatioR of taxicabs o~ othe~ for-
hire cars or vehicles;
(f) The chief of ~clice finds, after investigation, ~ha~
rates prescribed by Section 19.t-8;
(g) The chief of police finds, after investigation, that
the driver knowingly made, or caused to be made,
~i~her directly or indirectly, any false statement
on ~ha s~licatien for a permit which wa~ ~s~ued; or
(h) The chls~ o~ police finds, after investigation, that
the driver no longer po~e~e~ the physical or
mental qualfficat~ens prescribed in Section 19.1-
35(g); or
driver's license issumd by the state Department of
Sec. 19.1-37 Iaauamce of permit ~ftex talus&l; reiosu~oe
Except as provided in Section 19.1-$8 below, any person
prevfsion~ of Section 1~.1-36 shall not ~ eligible for
refusal of a permit under Section 19.1-35 no longer apply;
provided, however, that if a driver's permit is refused or
revoked for knowingly making, er causing to be made, either
directly or indirectly, any false statemeRt, or ~or making e
charge above or below th~ rates prescribed by Section 19.1-S,
such driver shall not be eligible until twelve (12) months
(a) T~e chief Of police may issue a probationary per~it
to an applicant for a driver's permit who fails to meet the
standards set forth in Section 19.1-3~(a} upon the
resulted in ineligibility for a p~rm~t hersunder; provided,
such applicant, who has, within tw,lve (12] months of the data
(b) The chief of police ~ay issue a probationary permit
to a driver, following revocation of such driver'~ pea-mit
under Section 19.1-36(a), upon the reeem~e~da=ion o~ a court
whose conviction of the driver resulted in ineligibility for a
permit horeunder~ provided, however, 9-hat a probationary
(1~) months from the date af revocation of the driver's
permit.
(c) A probationary permit shall be effective until such
time as the driver is ellgibln for reissuanoe under Section
19.1-41; provided~ however, thut e probationary permit may be
revoked at amy time by ~e chie£ of pollee upon a finding of
v~olation of any provision~ of this chapter.
Subject to the provisions of Section 19.1-42, the chief
0£ police ~hall refuse to issue a certificate of public
investigation, the chief o~ police finds any O£ ~e followinq:
(a) Th~ applicant's vehicles do not meet the standards
(b) The application ~ails tm ~emt the re~rai~e~ent~ of
(c) The applicant has been convicted, pl=aded ~ailty to
or pleaded no10 oontendere within the past twelve (12) months
to three (3) er mo~e violutions of this chapter or of any
other local law in the Tommonwealth govel~ning the operation of
(d) The applicant knowingSy makes, or causes to be made,
either ~ireczly cr indirectly, any fals~ statement on the
uppticution.
92-827 10/28/92
Subject to the provisions of Section 19.1-4~, the
certificate of public convenience and necessity shall
immediately become void and shall be immediately
upon the occurrence of any of the following:
Ia) The chief of police determines, after investigation,
that any or all cf the vehicles subject to the certificate
fall to comply wi=h Section 19.1-4, 19.1-5, 19.1-6, 19.1-9 or
19.1-10 and the certificate holder, after notification of the
violations, Knowingly op~rate~, or permits to be operated,
su=h vehicle prior to correcting the violation;
(b) The chief of police determines, after investigation,
that the certificate holder is in violation of sections 19.1-
26~ 19.1-30 or 19.1-31, and ~he certificate holder knowingly
fails to comply with such sections within thirty (30) days
after notification of such violation;
(c) The certificate holder is convicted of, pleads
period to three {3) or more violation~ of this chapter or of
any other local law in this Commonwealth governing the
operation of taxicabs or other for-hire cars or vehicles; or
(d) The chief of police finds, after investigation, that
the certificate holder ha~ knowingly ~ade, or caused to be
made, either directly or indirectly, any false statement on
the application for the permit which was issued to such
(e) The chief of police flnd~, after investigation, that
a charge has bean made above or below the rates prescribed by
Section 19.1-8 With the knowledge, con,sat cT permission of
the certificate holder.
~eo. 19.~-~ Issuamce of certificate after refusal;
Any per,on refused a certificate of public convenience
and neeesslty under the provisions of Section 19.1-Z~ or whose
certificate of public convenience end necessity is revoked
under the provisions of Section 19.1-40 shall not be eligible
for issuance of a new certificate until such time as the
grounds for refusal of a certificate under section 19.1-39 no
longer apply; previde~, however, that if a certificate is
refused or revoked fe~ knowingly making, er causing to be
for the ~eet that a c~arge was ~ade above or below the rates
prescribed by Section 19.1-8 with the knowledge, consent or
permission of ~hs certificate holder, such owner shall not be
eligible until twelve (12) months from the date of refusal or
r~vooation.
Sec. 19.1-42 Procedure npom refusal or ravooatlon of
If an application for a certificate of public convenience
and necessity OT a driver's permit is refused~ or ~f a
certificate of public convenience a~d necessity or a
permit is re~oked, the chief cf police ~hall notify in writing
the applicant or certificate or p~rmlt holder of such
d~clsicn~ the r~a~om therefor, and the Tight to a heating if a
within ten (10) days of the notice. If a request for
hearing is not made within ten (10) days of notioe, the
decision of the chief of police shall be final. The hearing
92-828 10/28/92
applicant or 'certificate or permit holder ~hall have the right
to present his o%~n case or have counsel do so+ Within a
reasonable time after the hearing, the chief of police
render his decision. In the event that the Chief of police
shall refuse to issue or shall revoke a.qertifioat~ Or
after a hearing, the holder thereof amy, within ten (10) days
after the date cf such action, file with thc Circuit court of
the county a petition, in writing, to review the action of the
chief of police, with a copy cf such petition to be served on
the chief of police. The filing of the petition with the
Circuit Csurt shall not postpone the effective date of the
decision of the chief of police except by order of the court.
~ee. 19.1-45 False statement im appli~atlon.
It shall be unlawful for any person to knowlngly make or
cause to be made, either directly or indirectly, any false
statement on an application for a Certificate of public
convenience and necessity or an application for a driver's
permit required under the provisions of this chapter.
~e¢. 19. ~-44 ¢ompllanoa with chapter req~iaite to use of
NO person ~hall use the term "public vehicle", "tax~*,
meaning in ad¥=rti~ing, nor shall any person, by any
claim to ~e the Operator cr driver of a for-hire car unless
such peraon shall have complied with the provisiO~S e~ thi~
chapter insofar a~ the same shall be applicable.
aec. ~9.1-45 E~forseme/~t,
The provisions of thi~ chapt~ shall be enforceable by
all ~worn la~ ~nforce4~ent Qfficer~ to the extant uf their
authority including special police officers whose jurisdiction
is limited geographically to certain areas of the county.
~_ny person violating thc provisions of this chapter shall
be guilty of a misdemeanor and upon conviction thereof be
fined not more tha~ o~e hundred dollars ($100.00) for the
first offense and not mc~e than five hundred dollars
for each ~ub~eque~t
· e=. ~,A-47 URlawf~i fo~ cer~i£ieat~ holder to permit ~riva
to violate
It sh:lI be unlawful for a certificate hold~ .to
knowingly permit a driver opiating such vehicle tm violate
th~ provisions of this chapter.
Sec. ~9.1-48 ~¢eptions.
The foregoing provisions notwithstanding, this chapter
shall not apply to vehicles listed in section 56-27~ of tho
~od~ of virqinla with the exception s~ those li~ted in
subsection (2) of ~uch section nor to funeral vehicles, nor to
common carrier~ of perscn~ ur property operating as public
carriers by authority cf the State Corporation CoI~issicn or
under a franchise granta~ by ~he county. This chapter shall
net be construed to ~enfliet with or be in derogation of any
additional rule~ and regulations adepte~ by the Capital Reqion
Airport commission pursuant to its enabling authority for the
operation of for-hire vehicles on its ~rcperty located in the
10/~8/92
gen. ~9.~-49 Rac~cclty.
Upon ~ £indi~o by the chie£ o£ police ~hat ~he City of
~ichmcnd~ ~en~ics County, and ~ny county or city ccnt±quo~s to
Richmond or Henrioo County or any o£ t-ham has adopted an
ordinance containing pr0vi~i0n$ o0~parable to the county
ordinance and providing for rsclprosity with the county, then
vehiele~ £o~ which a p~rsom holds a current and valid
certificate of Dublic convenience and necessity issued by the
City of Richmond, ~enrlco County, any county or city
e0ntig~o~ to Richmond or Henriso Csunty or any cf ~hem and
driver~ who hold a curr~nt and valid permit issued by the City
of Rishmsnd, Hsnrico County, ~ny county or slty sont~cns to
Richmond or Henrico county or any of them will be deemed to
have ccm~llsd with the certificate and p~rmit requirements of
this chapter and shall be deemed to possess c~parable
oer~ifica~es or pe~its, as the case may be, issued by the
county which ouch city or county c~rtificat~s or permit
by ~e City of Ri0~ond, He~ico County, uny co~ty or city
oon=i~ous to ~ichmond or He~ico C0~ty or any o~ t~em
be valid in ~e county where ~he holder of ~u~ certlflcat~ or
pe~it has applied for and ~e~n refuse~ a ~ermi~
certificate by the county, or has had such pe~it or
chapt~D a~d i~ ~ot eligibl~ for issuance of a permit or
c~rtlficate by ~e county.
Th~ Chief of polic~ is ~uthorized mhd empowered to make
such rules and re~lation~ concerning the operation of for-
hire vehicles as are necessary and arc ~ot in confllc= wlth
thin chapt~ for the pu~ose of a~imimte~ing, exerting and
making effective the provisions of this chapter, such
and re~lation~ ~o p~omulqated may includ=, wi~out
limitation, remitments for the Drovisions of such safety
devices a~d p~oced~e$ as ~= chief of police muy
neoessa~ for the ~afety of pa~se~ge~s a~d ope~ati~;
additional disciplinary ~les, man=fiche and procedures as may
(~) This ordinance shall become effective i~ediately
TO~
"After brief di~cussion~ on motion of Mr. Barber, seconded by
~. Colb~rt, ~he board adoDted the following ordinance:
~ O~iN~C~ TO ~ THE ~DE 0F ~E C0~TY
OF CHEST~FI~D, 1978, AS ~ENDED, BY ~P~LING C~T~ 19
T~ICABS ~ OTHER VEHICLES
BE IT O~AI~D ~ the Board of Supervisors of
~esterfield Co~ty:
(1) ~at ~ap%er 19 of the Code of the County
Chesterfield, 1978, us amended, is hereby repealed and a new
Chapter 19.1 is enacted to read as follows:
~ug~ur 19.1
T~IC~S~D OTH=R V~ICLES FOR ~I~
lo/=s/;=
19.1--3
19.1--4
19 · 1-9
19.1--13
19.1--14
I9.1-17
19.1-18
19.1-20
19.1-22
19,1-~
19.1-30
19.1-34
19.1-36
19.1-40
19.1-42
19.1-45
19.1-49
Definitions.
Applicability of Chapter.
certificate of public convenience and
necessity.
In~pe~ti0n of vehicles.
Approval of color scheme, number, c~e., by
chief of police.
Taximeters.
Ratee --Generally.
Sam~--En~merated; special discount for elderly
passengers and disabled passengers.
Same--Display.
Roof light; failure, eto., to
Solicitation.
Taxicab Stands.
Carrying of more than one paesenger.
Limitation on number ef passengers in front end roar
seats.
Transportation of passengers by most direct route;
payment of ~oll e~arge.
Nonpaying passengers,
Refusal of drivers to make trips; p~ef¢~ence in
Receiving nnd discharging paeeenger~.
Drivers to re~ain with vehicles.
Driving, etc.! under i~fl~e~ce of intoxicating
Duty of driver as to us= of for-hire car for lewd,
otc., purpose or for acq~ieltion.
Driving with firearmm, etc., in possession of
~river.
Duty of driver to keep taxicab clean, ~t¢.
Drivers not to ~rlve longer than thirteen hou~ in
twenty~four.
Hindering, retarding, etc., transportation.
Certificate holder of have telephone listing.
Monitoring ~adio dispatches.
Lo~t and found property.
Application of traffic lnwe.
Record of calls to be kept,
Public Liability insurance required.
Driver's psrmit--Require~.
Same--Application.
Same--Investigation of applicant; issuance of
permit; contents end display.
Refusal of permit.
Revocation of
I~uanoe of per,it a~e~ ra£usal; reiesuance after
Probationary permit.
Refueal Of certificate of necessity.
Revocation cf certificate o~ necessity.
Issuance of sertificate after refusal;
after revocation.
Prac~dure upon refusal or revocation of certificate
or permit.
False Statement in application.
Compliance with chapter requisite tc um~ of terms
"taxi", '~taxieab", etc. in advertising.
Enforcement.
Unlawful for certificate holder to permit driver to
violate chapter.
Reciprocity.
A~thcrity of c~hief of police to make rules and
regulaticnn,
92-831
8es, 19.1-1 Definitions.
For the purpose of ~his chapter, the following words and
pb~amem shall have the meanings respectively ascribed ts them
by this section:
Cer~.ifluate. The certificate of public convenience and
necessity g~anted by t/%e county to owners of for-hire ca~s to
authorize much owners to engage in the business of providing
for-hire car service in the county as provided in this
caap~er.
~ertificate holder. The owner of she or more for-hire
cars who holds a valid u~expired or unrevoked certificate Of
hire cars under the provisions of this chapter.
Driver. Any person operating a for-hire car while such
oar is available for public hire in the county or is being
used by the public in the county.
For-hire oar. A passenger-carrying, self-propelled motor
vehlcle maintained for hire by the public and operated upon
the sUreets o£ the county in tho transportation of passengers
property c~eratin~ as publis carriers under a certificate cf
public convenience and necmssity issued by the State
Corporation Commission or ~ndur a franchise granted by the
county.
Motor vehicle. Any vehicle, mac,bins, tractor, trailer or
s~mitrailer propelled sr drawn by ~sshanlcel pcw~ and used
upon th~ public roads of the county and the roads open to
public on the property Of public b0dies~ including tile Capital
Region Airport Coimmi~on, ~n the transportation of pa~nenger~
or property, but does not include any vehicle, locomotive or
car operated exclusively on a rail sr rails.
Owner. Any person in the business of providing for-hire
oa~ se~viee ebd having Control of the operation or maintenance
of for-hi~e Ca~5 and including the purchaser o£ any
car under u conditional ~ales contract or other title-
independently owned vehicles through methods such as, but not
limited to, radia-~ispatched systems end n~3~e licensing
agreements.
~erson. Every individual, firm, partnership, association
Or oorporati0n and every owner~ certificate holder and driver.
Regular service. The provision of a minimum of two trips
per week, for at least two consecutive months, with the same
in~ivldual.
Taxicab. A for-hire passenger-carrying, self-propelled
motor vehicle~ not op~ratlng on a regular ro~te or
fixed te~'minsls and having a seating capacity of not more than
six (6) pamsengerm.
Taxicab mtand. A stand designated for the sole use of
taxicabs in accordance with thio chapter.
Sea. 19.1-Z ~pplisa~ili~ of chapter,
The provisions of thi~ chupter are adopted in the
exercise of the police power granted to ~ho county by charter
and general law. This chapter is ~et i~t~nded to grant or
offer a franchise ts u~e the streets, but it is intended ts
9~-832 10/28/92
The Board of Supervisors reserves the right to amend Or repeal
thin chapter at any time. Upon th~ repeal of this c~apter,
all privileges granted hereunder shall cease and terminate.
The operation of taxicabs and ether forThire oars within
county shall be subj~dt to t~e do~ditiens, regulations and
restrictions set forth in this
Sec. X~.x-3 Certificate o£ public oonvomisnos and necessity.
{a) Required. It shall be unlawful to operate or cause
to he operated within the county any for-hire car unless a
cur~ificate o~ public convenience and necessity has been
issued tO the owner thereof by the ohlef of police covering
the operation of such vehicle and unless the conditions,
regulations and restrictions set forth and prescribed in =his
ohapter have been eemplie~ With by such owner. The
certificate shall provide for the Operation o~ a specified
number of for-hire vehicles, and it shall be unlawful to
operate er cause to operate more vohlcles than the number
provided in the certificate. Additional for-hire veh~cle~ may
be operated hy a certificate holder only upon written
application on a form provided by the chief of police,
approval of such ~pplieation, payment Of ~ees provided
hereunder and compliance wi~h all other provisions of this
{b) ExDiratlon; resowal. The initial Certificate of
D~bliC Convenience and necessity shall last ~/~til Saa~ary
following its issuance smd may be renewed thereafter annually.
The chief of police shall prescrlb~ a ~or~ to he used in
initially applying ~or the certificate and a form to be used
in applying for a renewal.
(c) ~nterruption of use~ laDsln~. A certificate of
public convenience and necessity shall lapse with respect to
mn individual vehicle Or any one of the specified number of
ve/~oles for which ~he certificate has been ~ssued when the
particular vehicle has not been used to provide taxisab
so,vice for sixty (6~) or more consecutive days.
(d) Nontransferable. A certificate of public
¢onwsnienoe and necessity shall no~ he transferable.
(e) Pee~. In addition to any other fees
elsewhere in this Code, each applicant for a eertiflcate of
applicstion fee of fifteen dollars ($15-00) per vehicle listed
i~ the certificate and upon each unnual request fo~ renewal of
such eel~tifieate shall pay the same fee.
(f) Limitation of number kssued. When it appears that
it is in the public interest to limit the numbe~ of OWner's
Certificates ~msu~d by the chief of police, the Board of
Supervisors msy, i~ it finds after an advertised public
hearing that it is in th~ public interest, prescribe the
maximum ntu~ber of vehicles for which such c~rtificates are to
be issued. Thereafter, no new eertifi0ates shall be issued
until the total number of vehicles for which certificate~
out~tanding is less than the prescrlhed number; provided, that
renewal of an e~isting certifi~at~ ~haI1 not be regarded as a
new certificate for purposes of this section.
(g) ~inimu_~ sueoifications for vehicLe~. It nhall be
unlawful for a oertificat~ holder to place into ~ervice a for-
hire vehicle unless the vehicle is a four-door, hard top
vehicle and ~eets or exceeds the following minimum
specifications:
1. Head room: ~ront - thirty-eight (38) inches, rear -
92-833 10/28/92
L! L · J ~ L I [
thirty-eight (38) inches.
Leg room: Front - forty-one (41) inches, rear
forty-one (41) inches.
shoulder room: Front - fifty-seven (57} inches,
rear - fifty-seven (PT} inches.
4. Hip roes: Front - fifty-five (55) inches, rear -
fifty-five (~D) ~nche~.
5. Entrance height: Front - thirty-five (35)
rear - thirty-five ($~) inches.
6. Tire ~ize: Fourteen (14) inches.
7. Wheel base: One hundred six (106) inches.
officlal interior dimensions £rom the manufacturer must
be SUbmitted to the chief of police by the certificate holder
prior to placing any vehicle into service.
Ev~'y ~or-hire car for which a certificate ha~ been
granted by the county shall be inspected by the chief of
police, or some member of the division of ~olice designated by
him or such other reputable agency as the ohio~ of police may
prescribe, at regular intervals of ar toast every twelve
months, and at such other times as the chief of police may
prescribe. If s~ch vehicle shall be found to be in an unsafe,
unfit or unclean condition, er ~o have torn seat~ or
upholstery the e~sr th~eef ahell be notified by the ~hief of
police a~ once of such defec~ and such vehicle shall not ho
operated thereafte~ until such defect has been remedied.
Se~. 19.~-~ As~ig~ent Of color scheme~ number~ otc.#
chief of pollce.
(a) T~e~e s~all be displayed un every for-hire car
lettering clearly showing the na~e and number of the owner
=herec£ and indicating the= such vehicle is a for-hire car.
Taxicabm shall use only the words "taxi", "cab" or "tax,cab"
~o indicate that such vehicle is s for-hire car. The color
~cheme and the aisc, content and character of such let=~ring
and the poeltlen thereof on each ~u~h vehicle shall be
a~signcd by the chief cf Rollce and no vehicle shall be
operated under the provisions of this chapter unless and until
such assigned specifications have been complied with.
Taxicab~ in service under a valid certificate on the effective
date of this provision shall be brought into cumplianso wi~h
all color and signage specifications no later than January
1993. The failure of any ~wnor to usmply wi=h such assigned
specifications also shall constitute a violation of this
chapter.
(b) Eo vehicle shall he opera=ed under ~he provisions cf
th~ ohepte~ u~leus the chief of police has first a~signed to
such vehicle a decal w~ioh shall be af£ixed ~o tho rear bum~sr
and which ~hall contain a number registered with the chief of
police. Such decal shall not be transferred to another
vehlcle, shall be displayed et all times, and shall not be
chief cf police.
(o) It shall he unlawful to operate a vehicle ~hich does
prescribed by the chief of police by whic~ the charge for
~s mechanically or electronically calculated, beth for
distance traveled and for waiting time, and upon which ~uch
charge shall be indicated hy means cf figures clearly visible
to ~l~e passenger. The taximeters shall be equipped with a
mechanical or electrsnic device by which the driver of a
taxicab can put the taximeter in operation and %he device
shall be kept in an Operating position atall times during the
transportation of paying passengers. It ~hall be ~lawful for
a driver to fail, refuse Or neglect to put the taximeter in
every passenger is b~g%~n in the county end to keep the d, viee
in an operating position at all times during the
transportation of each passenger. Taximeters shall bs
inspected and validated for accuracy during such inspectlon~
provided in Section 19-I-4; provided, that the chief of pclice
may require ~he meter's accuracy to be validated by
independent testin~ agencies as may }~a approved by the chief
of pcl{oe. In the even% such independent te~ting agency is
u~ed, the owner ~hall pay the costs of such validation. .Any
taxicab found to have a defective taxi~eter shall not be
operated as a for-hire car until such defect is corrected.
ffe~, ~9,~-7 Ra~os--~emarmlly.
Except as otherwise provided £or in this chapter, rates
to be char~ed to passengers engaging a for-hire car shall be
fixed, prescribed or established by the Board of ~uperviscrs
and it shall be unlawful for the owner or driver of any such
vehicle to ~harge a ra~e above or below the rate so fixed~
prescribed or eatabli~hed.
Be~. 19.1-8 ~mme--Zn%~ara~ud; mpecial discount for elderl~
(a) Th~ rates to ~e charged passengers by certlf~ate
holders o~ driver~ of taxicabs shall be as fellew~, and it
shall be unlawful for a certificate holder to pe~it or a
driver to make any greater or ie~er charge for tho
transpor~a:ien of passengers and baggage:
For the first one-fifth mile $1.50
For each ~uccee~ing one-fifth mile $0.~0
For each one minute of waiting time
Waiting time shall include the time consumed while the
taxicab i~ waiting for a passenger bsginnlng five (5) minutes
after the time of arrival at the place to which it has been
~alled and the time consumed while it is standing at the
direction of the passenger, waiting time ~hall not include,
and nc charge shall be made Sot, thc tine lo~t on account of
inefficiency of tho tuxicab, or it~ operation, or tim~
consumed by premature response to a call. NO oha~ge shall be
~ade for mil=age while waiting time is being charged.
(b) For a trip originating between th~ hour~ of ~:00
p.m. and 6:00 a.m. of the day followlnq~ in additio~ to th~
charges regiatered on the meter, a surcharge of fifty =ants
($0.50) per trip ~halt be added to compute the fare for such
trip.
(O) The owner of any taxicab may, upon receipt of
satisfactory proof that a person is sixty-fiv~ (65) years of
age or older, or disabled, issue to any much eligible person a
coupon book or script entitling such person to transportation
and serviGes of the value of flys dollars ($5.00) for a
conmideration of not less than four dollars ($4.00). For
purpomem of eligibility under this chapter, ~isabled ~erscnm
include individuals who are phymically, hearing, mentally, or
visually impaired. The following identifioatlon may metre
~atisfaotory ~roof of age or disability: a valld
llcense; a valid GRTC Senior citizena ID Or Medicare Card; a
92-835 10/28/92
valid GRTC Handicapped or Disabled Identification Card; or a
valid identificatien card i~ue~ by a public transportation
provider to meet the recfuir~ments of the Americans with
Disabilities Act.
(d) The oWner of any taxicab may emter into writteA9
services on a negotiated
The owner of any taxicab may ~nter into %r~itten contrasts
with indlviduals to provide, on a negotiated basis, regular
service, us defined in Section 19.1-1.
All s~ch contracts must bm kept and preserved in the main
offices of the taxicab company during the terms of the
contract and for twelve (1~) months after termination of the
contract. The rates to be sharge~ for such servises under
written contract shall not be fixed, prescribed, or
established by the Board of supervisors. As required by
Section 19.1-~, taximeters shall be in operation at all times
during the transportation of passengers; however~ the charge
and not the
seation 19.1-9 hame--DiSplay.
No for-hire car shall be operated on the streets of the
point inside of such vehicle, in full view of the passenger or
person hiring such vehicle, the rates sixsd, prescribed or
established for the use of any such vehicle. Such rate~ shall
=ars in a manner to be approved by the chief of police
Sec. 19.1-1~ Roof light; fmiture, etc., to use.
Each taxicab shall be equipped with a light prescribed by
the chief of police mounted ts the roof of the taxicab which
~hall indicate to the public that th~ v~hicle is or is not
unde~ h~ra. The roof light shall be lit when the car
avail=hie to the public for hire. It shall be unlawful for a
driver to fail, refuse or reflect to operate such roof light
or to operate such light in a misleading manner. Such light
shall be inspected du~ing eec5 inepsotions provided in section
19.1-4. Any tax~=ab found to have a defective roof light
shall not be operated as a feb-hire car until such defect is
corrected.
See. ~9.1-11 solicitation
No ~river, or any c~her person on bshalf of a driver,
shall solicit patronage for any for-hire car by word, signal
or otherwise on any public ~treet or public property in the
county other than at such stands as may be d~signated and
assigned in accordance with ordinances of the ~oard of
Supsrvimorm; provided, that this provi~ion shall not be
construmd ~e prevent a customer from hailing a far-hire oar.
sec. X9.1-12 ~mxAsab s~ands.
(a) The chief of police shall designate such places in
the streets of the county as taxicab stanOs as will, in the
opinion of the chief of police, best serve the conveslence of
the public and shall prescribe the number of taxicabs that may
be parked or stopped in each stand at any one time.
(b) Any taxicab for which a certificate of convenience
and necessity ham been issued shall have the privilege of
parking or stepping in any taxicab stand when space is
92-836 10/28/92
available there£or. It shall ha unlawful for s driver to park
or atop a taxicab at or near a taxicab ~tand when tho number
of taxicabs prescribed for the stand are parked or ~topDed in
the stand. 'Only.taxlcabs may park at taxicab stands.
Sec, lg.1--1~ C~r]cyi~g of more than omo passenger,
No person other than the first per,on taken into a
taxicab for t~a~pO=tation shall be allowed to enter ths
taxicab except upon the direction of the ~ra~ parson so taken
into the taxicab, and the certificate holder shaZ1 not
authorize or permit the driver of the taxicab or any other
peasen, ~er shall the d~iver or any other person request the
first person =akan ~nto a taxicab for transportation to allow
any other to be transported in the taxicab. Should the first
person ~aken in~o a taxicab for tranep0~ation direct the
dr~ver to allow another to be transported in the taxicab, the
first person ss t~ken into the taxicab shall be ]~abla for the
payment of the fare for the transportation of all persons
transported at the rates prescribed in Section 19.1-8, unles~
otherwise agreed upon by the driver and any one or all 0f th~
persons transported in the taxicab.
It shall be unlawful ~or a driver to transport in a
taxicab ~o~e than two (2) pussenger~ in the front seat or more
than four (4) passenger~ in ~ho roar at the same time.
route; pa~ment of to1! charge.
Every driver of a for-hire oar shall transport each
vehicle to th~ desti~atio~ of tho passenger by the most direct
route, unl~a~ otherwise directed by the passenger. When such
route requires the payment of a toll, the driver shall
agrees te pay the toll charge.
~e~, LP.~-~ ~onpa~ing~ssenger~.
No nonpaying pa~ne~ger ~h~I1 be transported with a payin9
~asssnger in any for-hire ~ar, except a police officer engaged
In the perf0r~anco of his duty an~ unable to obtain other
adequate means of transportation.
sec. 19.1-17 Refusal of drivers to make tr~ps; preference i~
(a) No owner or ~rlver of any for-hire car ~hall refuse
Cihy of Richmond or Coun=iea of Henrlce and Hanover for a trip
originating in t~e county; provided, however, no driver shall
~e resulted to drivs the vehicle operated by him to uny place
when it may be physically detrimental to such vehicle to ~e so
or when it may endanger the driver or a~y of the occupants
thereof.
(b) ~very certificate holder an~ driver shall give
the order of their receipt.
~e~. 1~.1-1~ Receiving aa4 discharging passengers.
~vory for-hire car shall receive an~ d~scharge passengers
only at the ~ight-hand curb of th~ street an~ only when at a
full stop; except that passengers may enter or leave a taxicab
92-837 50/28/9~
.......... ~L~L.L ..... I.~J .......... L J / ........
from the left aide at the left-hand mzrh of a one-way strait.
See. 19.1--19 Drivers ~o r~main with vehicles.
The driver of uny for-hire cur shall remain in the
vehicle or within five (5) feet of same a% all times while
such car is on the streets while under hire or parked at a
taxicab mtand, except while engaged at the request of the
passenger hiring the vehicle in loading or unloading the
baqgage er other property of such pass~nger or in the event of
sec. z~.~-z0 Driving, etc., ~4e: influence of i~toxloatlng
It ~hall b~ unlawful for a driver to operate and drive a
for-hAre oar at any time while under the influence of any
intoxicating h~verage, narcotic, s~dative, barbiturate,
marijuana or other su~mtanaa produoln~ the effecta o~ a
~a~¢etie or sedative, or to be under such influence while 0~
duty to Drcvlde taxicab s~rvice, whether or not actually
operating or driwing a for-hire car, or to operate and drive a
for-hire car at any time with any alcoholic beverage in any
quantity in his possession, either on his person or in the
taxicab.
lewd, otc., purpose or for acquisition, etc., of alcoholic
It shall be unlawful for a driver to permit a for-hire
car to bo used for lewd or indecent purposes, ox to transport
any person in a for-hire car to any place for such purposes,
or to knowingly acquire or transpor= for another in a for-hire
car any alcoholic b~v~ruge, nurcotics, marijuana or any
controlledsubetance.
~e~. ~9.1-22 Driving with ESteem, e~., i~ po~see~ia~ e~
for-hire car at any time with a firearm, dirk, bowie knife,
nunchahka, nunchuck, shvriken, throwing star, oriental dart,
blackjack, bra~s er metal knuckle~ or knife with a blade
longer than three (3) in=his in length in his possession, or
in the for-hire car; provided, that if the driver of a for-
hire car is regularly employed as a sworn police of£ioer, such
driver may have in his possession any firearm issued to h~m
for the u~ual a~ o~etomary p~r£ormanc~ cf dutie~ as a ~worn
police officer.
~ec. XP.L-2~ Duty of ~rivers to keep ~axioah olean, etc.
It shall be unlawful for a driver to fail, ref~e c~
neglect to kttp any vehicle which he operates under the
provlmlon~ of this chapter dlean and efficiently llghtsd at
night.
No certificate holder shall requi~e a driver to, and nc
driver shall, ~rlvt a taxicab or renaln on duty for such
purpose~ lonqer than tbi~tee~ (13) hours in any twenty-foul-
hour period.
92-838 10/28/92
No person shall in any way intentionally hinder, retard
or interfere with, or ca.se to be hi.dared, retarded or
interfered with, the ..furnishing of transportation by any
taxicab or for-hire car. Imprope~r, mi~leading~ false or
unauthorized calls for taxicub ~ervice shall be prima facie
evidence of the intention to hinder, retard or interfere with
the prOpEr o~eration of ~ taxicab and the furnishing of
transportation thereby.
Se~. 1s.1-2~ Cer~ifi~&%e helder ~o ~e ~elephone llst~ng.
~very oertifice=e holder shall provide and maintain at
all times a listed telephone in th~ name in which the
certificate holder is doing for-hiring business, by which
call~ .may be made for for-hire service, which telephone
listing, if the oertifisate holder operates five (5) or more
for-hire cars, shall also appear in the classified telephone
Sec. 1~.~-~? Monitoring radio diepat~hes.
It shall he unlawful to have radio frequency scanning or
similar electronic devices in a for-hire vehicle. It shall
also be unlawful to monitor radio O0~munications between a
dispatcher an~ a £or-hire vehi=le or between =we (2) or more
for-hire vehicles for the purpose of responding to a call for
for-hire service without the permission Of the ~articiDants to
the eo~icatio~ or of the company for whom they are
employed.
~eo. 19.i-28 LOSt a~d found property.
(a) It shall be unlawful for a d~ve~ to knowingly fail,
refuse or neglect to precerve any property left in a for-hire
ear by any pass,rigor and to thereafter deliver it to the
certificate holder.
(b) ~ach certificate hcl~er ;hall carefully preserve
pro~erty left in a for-hire car by any ~assenger and delivered
to the certificate holder by a driver, which property shall be
ke~t by the certificate holder at some convenient place within
the county where it may h~ called for by its owner. When the
property shall have been identified aRd ownership established,
~t ~hall h~ promptly delivered to its owner. Any
whie~h shall not b~ called for within three (3) months may
disposed of according to law.
sec. 1s.1-29 Applie&~iO~ Qf ~raffio laws.
·very for-hire cperat{ng on the street~ of the count~
shall be subject to all laws and ordinance~ regulating traffic
applicable to other v~hloles.
~sc. ~9,1-30 Record of calls to be kept.
(a) Th~ owner and the driver of a for-hire car shall
keep a "manifest", which shall be a permanent re¢or~ of the
transportation of each passenger. Each manifest shall
include;
(1)
(~)
(~)
The name of :he ~river of the for-hire car.
Tho number of the for-hire ear approved by the chief
of police.
The address Or place where the transportation of
~ach passenger originated, and the date and time
thereof.
92-839 10/28/92
transportation of each paying passenger terminated,
which shall be recorded on the manifest upon th=
termination cf each such transportation and before
transportation of any other paying passenger has
begun.
(b) A manifest shall be married by t/~e driver in the
for-hire o~r at all times during the operation of such vehicle
and a separat~ manifest ~hall be kept for each day of
operation of the vehicle; provides, that a driver operating
for-hire car at midnight may continue to use the
hearing the date the work period commenced through the end of
such work period; no later than twenty-four (24) hours after
the final entry on a manifest, it shall be delivered to the
main office of the for-hire o%mer. T~le manifest, whether in
possession of the driver or at the place from which the
bu~ine~n i~ ooDd~eted or directed, ~hall be ~ubject at all
t~mes to examination or inspection by the chief of police or
twelve (12) months, and thereafter any man,feat involved in
any investigation made or being made by any police
shall he ~ept a~d pre-erred for s~eh length of time a~ tbs
chief of police shall request in writing to the certificate
holder. Nc owner of a for-hire car nor driver shall exhibit a
manifest or be eempelle~ to exhibit a manifest except to the
chief of police or to such person as the chief cf police may
direct, or upon cour~ order.
Sec. Z9.1-31 PUbllc l~ahillty ~nsurance reRu~red.
No owner ~hall he permitted to operate a for-hire car
within the county unless and until such owner shall have
so--ed and deposited with the chief cf police a certificate
of insurance against public liability and property damage for
eao~ such ve~iole so operated within the county, issued by a
solvent insurance comply llc~n~ed and duly authorized to
e~ecute such policy within the Commonwealth and tc carry on
bu~in~ within the CommoDwealth. 8~eh oertificat~ of
instance ~hall be i~ued to ~uch o~er on each for-hire car
owned or operate~ by such owner within the county and shall
provide for the payment of any final judgment, net to exceed
the sum of one hundred thousand dollars ($10o,000.0o} for
injury o= death to any one person, the sum of five h~nd~ed
thousand dollars ($500,000.00) for a total public liability
for any one accldent~ the sum of fifty thousand dollars
($5~,000.00) property damage in any accident and the
ten thousand dollarm ($1O~000.00) for cargo liability, which
damage to property for which such owner a~d drivers may be
liable while operatin~ or permitting to ~e operated such for-
hire car within the county, or by reason of or growing out of
the careless or na~llgant operation of ~uch v~h~cle by such
insured or his agents, drivers or employees within the county.
Such certificate of insurance shall co,rain a
obligating the o~mpany issuing the same to give ten (I0} days'
written notice tn the chief of police before cancellation
thereof. The insurance certificates required under Article
of Chapter 12 of Title 56 of the Code of vir~inla to be
~ubmitted to the State Corporation Co~mission shall be
accepted in satisfaction of thle provision.
Sec. 19.1-32 Driver's permit--R~quire~.
No per~cn shall dr~vo a for-hire vehicle subject to the
a basic taxicab driver orientation program, approved by the
chief of police, and obtain~ a driver's permit from the c/%ief
of police; provided, however, such person may be issued a
92-840 10/2~/92
temporary or p~ovisiunal permit ~or a period not to exceed
ninety (90) days during which period ~uch pergon shall attend
the basic taxicab orientation prop-~am. The initial driver's
permit shall last for twslve (12) months following its
is~uan~ and may b~ renewed ~hereafter annually. Att=nd=nce
at the basic initial taki~ab ~river orlestatio~progra~ or
follew-up taxicab orientation p~gram within twelve (12)
months preceding the date of renewal appllca~ion ~hali
r~ir~d as a condition of dri~eM pe~it =enewul. The
r~ewal. Each apDllcant for a driver's pe~it ~hali pay
initial application fee of twenty dollars (~2~.00) and ~pon
ea~ a~ual request for ~en~wai of ~ch ~e~it shall pay a
o~ twenty dollars ($20.~). The ~ee for replacement of
pe~it zhall be valid for the operation of only ~ose vehicle~
=~ject to a certificate of public convenience ~d
issued under this
(a) Application for a driver'~ pe~it ~hall ~how the
following:
Full nam~ Of appli=ant.
(2) Present address.
(4) Plaoe~ of p~eviouu address und ~plo~ent for the
pamt ~ive (5) years.
(5) Height, weight, color of eyes~ color of hair an~
(6) ~.~er or not applicant i~ i~ good
con~itlon.
(8) ~e~er or not th~ appli¢~nt i~, or has been, within
tb~ p~rio~ of two (2) years last past, addicted
the use of intoxicating liquor~, drug~ or other
fo~s of narcotics and~ if ~0, to what ~xtent.
(9)~er or ~0~ applioan~ has ever been convictad ~f,
pleade~ ~ilty to or entered a plea of nolo
¢ontendere to, any larceny, rob~, assault,
battery~ crime of ~oral t~itude, felony
oparati~g a w~hiole while undmr ~e influence of
alcohol or ~ugs and, if ~o, su~ o~er i~fo~atlon
(10) Th~ ~eco~d of applicant with respect to traffic
vehiclas and other offenses affecting the
be p~rmitted to operate a for-hire car
violations of %his =h~er or the provi~i~n~ of any
other law in ~is Co~onwea~th governing the
(11) ~s~r o~ not applicant ha~ previously been
purpose has ever been revoked or suspended fo~ any
(:~2) Wkat e~erlenc~, if any applicant ha~ had in the
opereti~n of motor vehicles.
(13) The name and address of owner for the fur-hire
vehigl~ to ~ o~erated by ~e applicant and, if
d~ff~rant, the n~e and address of ~e company for
whom applicant will ~ ~riving.
(b) ~ach applicant ~hall a~ly for a driver'm pm~i: in
shall constitute a part of him application~ an4 each applicant
1D/28/92
shall have filed with is application two (2) recent
photographs of himself of a size designated by the chief of
police,, one (1} of which shall bs attached to and shall become
a' part of %he application, and the other of which shall be
attached to the permit, if issued, in such a manner that no
ether photograph may be sUbstituted thereof without
probability o£ detection.
s~c. X~.1-~4 sam~--Investlg~tlcm of eppllcant~ issuance of
(a) The chief of police of th~ county, upon the filing
of an applioatlon as set forth in the preceding ~eotlon and
after notice to th= applic=nt and opportunity afro=dad the
applicant to bo ~ard, shall promptly ma~e an inv~stigauion o£
the matters ~tated therein, and if the chief of police shull
find, upon such in~estlgatlon, th=t the applicant
the necessary qualifications on the basis cf the information
f~rnished in the application and the investigation thereof,
the chief of police shall issue a permit card, which shall
hear a number and which shell contain the name, home address~
business address and a pho~ograph of the applicant, and the
n~e of the owner of the vehicles to be operated by the
applicant, end, if different, the name of the company fo= wh~
applicant will be d~iving. The d~iver ~hall post hie permit
card in full view cf the pa~senger in amy for-hire ear which
is being operated or is in ~arge of the applicant. The
per,it shall be va~id only for the operation of such vehicles
OWned by the person or persons listed on such permit card
~hell net be valid for operation of any other for-hire v~hicle
until such ti~e a~ the driver has provided ~itten
nctiflca~ion, on a form provided by the chief of police, and
shall have had the name of the owner of such other vehicles
indicated on his permit.
(b) The possession by a person ef a valid, current
driver's license issued by the State Department of Motor
vehicles shell create e presumption that suc~ person ha~ the
minim~u~ physical and mental qualifications provided herein for
driving a for-hire ear hut, if the chief of police has doubtn
a~ to an appllcant'~ physical and/or ~emtal capability, then
the chief of pol~ce may require the applicant to submit to a
physical examination by a licensed doctor of medicine and to
verify by written report filed by such doctor the applicant's
physical er mental capabilities.
See. ~.1-$$. Kefu$al af permit.
subjec~ %s the provisions of Section 19.1-42, the chief
cf police shall refuse to issue a clrlver~s permit to a person
who has filed an application, as set forth in the preceding
section, if, based upon the application and after
investigation the chief ef ~olice finds any of the following:
(a} The applicant has been convicted cf, pleaded guilty
(3) years to any felony;
(b) The applican~ has been convicted of, plea~ed guilty
to, or pleaded nolo contenders within the past
twelve (1~) months to any larceny~ assault, battery,
controlled substances where such crime is ether than
The applicant has ~en =onvi=te~ of, ple~de~ guilty
tO, or pleaded nolo contenders within t~e past
twelve (12) months to operating s meter vehicle
while under the influence of alcohol or drugs;
92-~42 10/28/92
(d) The applicant has teen convicted of, pleaded guilty
to, or pl~adc~ hole oontcndoro within the past
twelve (12) months to three (3) or more moving
violations under the motor vehicle .laws 0£ this
co~onwealth other than those involving operating a
motor vehicle while under %he influence of alcohol
or
(e} The applicant ha~ be=n convicted of, pleaded guilty
to, or pleaded no10 c0ntendere within ~he past
twelve (12) month~ to three ($) or more violations
of this chap%er or of any ether local law in this
Co~onwealth governing the operating of taxicabs or
other for-hire car~;
(f) The applicant knowingly makes, or causes to be made,
either directly or indirectly, any £also
on his application; or
(g} The applicant otherwise lacks the following
physioal or mental ~alificati0ns~
or funotional di~a~e likely t0 interfere wi~
(2) Drivers ~hall have no loss or impai~ent of use
of foo~, l~g, fing~rs~ hand or arm~ or other
~tructural defect or limitat~on llk~ly to
interZere wi~ ~afe driving.
(3) Drivers shall in all other re~pect~ ~a~isfy the
minimum physical and mental remitments for
issuance of a dr~v~'~ license by th~ State
Department of Motor Vehlole~.
(h) The application is less than ~ight~en (18) yea~u of
age; or
{i) The applicant does not possess a vali4 an~ current
driver's license issued by t~e state Department
~otor Vehicle~.
of a~y ~iver of a fur-hire car shall i~ediately become voi~
any of the following:
(a) The d~ivar is convicted of, pleads ~ilty to or
plead~ nolo conte~I~ %o any felony;
(b) ~e ~ivar is convi=~e~ o~, pl~a~s ~ilty to or
pleads nolo contenders to any larc~ny, assault,
batty, orlme of moral turpitude or ~llegat
po~e~ion of controlled ~ub~tanc=~ whore such crime
~ o~er than a felony;
(c) The driver
pleads nolo
while under
(d) The driver
is convicted of, plead~ guilty to or
contenders to uperatia~ a motor vehicle
the influence of alcotot or d~;
is convicted of, plead~ guilty to or
pleads nolo contenders within a twelve-msnth period
to three (9) or ~ore ~oving violations under the
motor vehlclo laws of this Commonwealth o~her than
those involving operating a motor vehicle while
undsr the influence of alcohol or drugs;
92-843 10/28/92
pload~ nolo contendere within a twelve-month period
to three (3) or more violation~ of this chapter or
of any other local law in this Commonwealth
governing the operation of taxicabs or other for-
the driver has made a charge above or below the
rates prescribed by Section 19.1-8;
(g) Thc ehio£ of police £iods, after investigation, =hat
the driver knowingly made, or caused to be mada,
either directly or indlrestly, any false statement
on the application for a permit which was issued; or
(h) The chief of police finds, after investigation, that
mental qualifications prescribed in Section 19.1-
35(g); or
[i) T~e driver no longer poooes~ a valid and current
driver's license issued by the State Department of
Motor Ve~iclee.
Sec. 19,1-37 Issuance of permit after refusal; reissuanee
~xcept as provided in Section 19.1-3S below, any person
ref~ed a d~iver'~ permit under the pro¥i~ioes of Section
provisions of Section ~9.1-~6 shall not be eliglble for
issuance es a new permi~ until su=h time as the grounds
refusal of a perqnit under Section 19.1-3~ no longer apply;
provided, however, that if a driver*s pe~it is refused or
revoked for k/~owingly makinq, or oauning to be ~a~, either
dlreotly or indirectly, any false statement, or for making a
such driver ~hall not be eligible until twelve (12)
Sec. X9.1-~8 Probationary permit.
(a) The chief of police may issue a probationary permit
to an applicant for a d~iver's permit who fails to meet the
standards sot forth ~n ~e=tlon 19.1-~5(a) upon the
recommendation of a court whose conviction of the applicant
resulted in ineligibility £or a permit hereunder; provided,
however, that a probationary p~rmit shall not be issued to aey
such applicant, who hss~ within twelve (12) ~onthe of the date
of application, been convicted st trlal of a felony, or who
bas pleaded guilty or nolo contenders
(h) Tho chief of police may iesue a probationary permit
to a driver, following revocation of s~ch drlver*s permit
under Sec=ion 19.1-36(s), upon the recommendation of a court
whose convlctio~ of the driver resulted in inellgibillty for a
permit hereunder; prevlde~, however, that a probationary
ps,mit shall not be issued to such driver ~ooner than twelv~
(12) months frn~ the date of revocation of the driver's
permit.
(c) A probationary permit ~h~ll be effective until s~ch
time as the driver is ellg~ble for rei~uance under Section
19.1-41; provided, h~wever, =hat ~ probationary permit mmy be
revoked at any time by the chief of police upon a finding of
violation cf any pro~ieion~ of this chapter.
92-844
~ec, ~9,~--39 Re~ussl o~ certificate o~ necessity.
Subject to the provisions of section 19.1-42, the chief
cf police shall refuse to issue a certificate of public
convenience and necessity to a person cr entity who or which
has filed an application therefor under this chapter if, after
investigationj the chief of police finds':uny of the following:
(a) THe applicant's vehicles do not m~et the standards
set forth in factions ~9.1-4, 19.1-5, 19.1-6, 19.1-9 or 19.1-
(h) Tho applioation fails to meet the requirements cf
Section 19.1-26, 19.1-30 or 19.1-31;
(c) The applicant has been convicted, pleaded guilty to
or pleaded nolo contenders within the past twelve (~) month~
to three (3) or more violations of this chapter or of any
other local law in the Commonwealth governing the opezatioa of
taxicabs or other for-hire cars or vehicles; or
{d) The applicant knowingly make~, or saunas to be made,
either directly or indirectly, a~y false statement on t-he
application.
8e~. 19.1-~$ RavoeaticB of ceztificate of public convenience
su~j~ch %O ~h~ provislon~ of Section 19.1-42, the
certificate of public convenience and necessity ~hall
immediately become vol4 end shall be i~ediately surrendered
upon the occurrence of any of the following;
(a) The chief of police determines, after investigation,
that any or all of the v~h~cles subject to the certificate
violations, knowingly operates, or Dernits to be c~erate4,
such vehicle prior to correcting the violation;
(b) The chisf of police deter~ines, after investigation,
that the certifioat~ holder i~ in violation of Sections 19.1-
fails to comply with such sections within thirty (30) day~
after notificatio~ of ~Uchviolation;
(c) The certificate holder is convicted of, pleads
guilty to, er pleads nolo uontendere within a twelve-menth
period to three (3) or more violations of this chapter or of
any oeh~ local law in t~is commonwealth governing the
operation of tuxicab~ or other for-hire cars or'vehicleS; Or
(d) The chief of police finds, after i~Vestigation, that
the certificate holder has knowingly made~ or caused to b~
made, either directly or indirectly, any false statement on
the application for the per,it which was issued to such
certificate holder; or
(~) The chief of police finds, after investigation, that
S~otion 19.I-$ with the knowledge, con,eat or permission of
the certificate holder.
Any per,on refused a uertt£icate of puhlic ccnveniense
sartifica=e cf public convenience and necessity is revoked
92-845 10/28/92
under the provisions of Section 19.1-40 shall not he eligible
~cr issuance Of a new certificate until such time as the
grounds for refusal of a certificate under section 19.1-39 no
longer apply; provided, hswever, that if a csrtlfi~ate is
refused or revoked for Knowingly making, or causing to be
made, either directly or indirectly, any fal0e statement, or
for the fact that a charge was made above or below the rates
prescribed by Section 19.1-8 with the knowlsdqe~ consent or
permission of the certificate hol~er, such owner, shall net be
eligible until twelve (~2) mcnth~ from the date of refnsal or
If un applic=tion for a certificat~ of public convenience
and necessity or a ~river'~ permit i~ re£u~ed, or if a
certificate of public convenience end necessity or a driver's
permit is revoked, the uhief of Doli~e shall notify in writin~
the applicant or certificate or permit holde~ of such
decision, the reason therefor, and the right to a hearing if a
request therefor is made in writing to the chief of police
within ten (10) days cf the notise. If a re~uest for a
hearing is not made within ten (10) days of notice, the
decision of t-he chief of police shall be final. ~ne hearing
shall be held by the chief of police or his designee and the
applicant or certificate or permit holder shall have the right
to present his o~n ca~e or have counsel do ~o. Within a
render his decision. ID the event that the chief of police
shall refuse to issue or shall revoke a certificate er p~r~it
after a hearing, the holder ~horeof any, within ten (10) days
after the date of ouch action, file with the Circuit Court of
the county a petition, in writing, to review the action 09 r_he
the chief of police. The £iling o£ the peri=ion with the
Circuit Court shall not postpone the ~ffective date cf the
decision of ~e chie~ o~ police e~ospt ~y or~r o~ %he court.
SSS. ~9,1-43 ~a~se statmmen~ in application.
It shall be unlawful for any person tn knowingly make or
cause to be made, either directly or indirectly, any
~tatement on an application for a certificate of public
convenience and necessity or an application for a driver's
p~/-mit required under the provisions of this chapter.
sac. 19.1-44 ~empliance with chapter revisits to usa ef
t~rms "taXi", "taxicab", etC+ i~ advertlsi~g.
~o person shall use the tern ~'public vehicle",
neaning in advertising, nor shall any person, by any means,
claim to be ~he operator or driver of a for-hire car unless
such person shall have complied with the provisions cf this
all .~worn law .enforcement o~fioers to the extent of their
authority including special police officers whose jurisdiction
is linlted geoqra~hically to certain areas of the county.
Any person violating the provisions of this chapter shall
be guilty of a misdemeanor and upon conviction thereof he
fined not more =has one hundred dollars ($I00,00) for the
92-846 10/28/92
fi~ot offense and not nors than five hundred dollars ($500.00)
for each subsequent offense.
It shall be unlawful for a ~ertifieate holder %c
knowingly permit a ,driver operating such v~hicle to violate
the provi~ion~ of this chapter.
Sam. ~9.1-48 Exseptlona.
The foregoing provisions notwithstanding, thin chapter
sh~lt not apply to vehicles listed in Section 56-174 of the
Cod~ of Virqinia with the exception c~ thoa~ listed in
subsection (2) of such section nor to funeral vehicles, nor to
common ca~iers of ps.sons or property operating as public
carriers by authority of the State Corporation Cotillion or
under a franchise granted by the county. This chapter shall
not be construed to conflict with or be in derogation of any
additional rules and regulatlon~ adopted by the Capital Region
Airport Commission pursuant to its enabling a~thorityfsr the
opera=ion cf fo~-hi~e Ve/~i01es on its property located in the
county.
~e=. ~g.~-49 Reciprocity.
Upon a finding by the chle~ of police that the City of
Richmond, Henrico County, and any County or city contiguous to
RichmoBd or ~enricc county or amy of thom ha~ adopted an
ordinance contalnlnq provisions comparable to the county
o~dinamco and ~roviding for reciprocity wi~h the county, then
vehi¢le~ for which u person holds a curr~nt and valid
certificate cf public convenience and necessity i~sued by the
cit~ of Richmond, Menrico County, any county or city
contiguous to Ric2xmond or Henrico county or any of them and
drivers who hold a ~urrent and valid permit issued by the City
c~ Richmond, Konrico County, any county or city coati.emus to
Rio/amend or ~enrlco County Or any of =hem will be deemed to
have complied with the certificate and pe~it requirements of
thi~ chapter and shall be doomed to possess comparable
certificates cr permito, ac the case may be, issued by thc
county while ~nch city or county certificates or permits
remain in good standing; provided, ~hat no certificates or
permits issued by ~he City of Richmond, Henrico county, any
county or city contiguon~ to Richmond or Haarlem County o~ any
of them shall be valid in the county where the holder of such
certificate or pel'mit has applied for an~ been refused a
permit or certificate by the county, or ham had such permit or
certificate revoked by the county under the provlsion~ of the
chapter and is not eligible for issuance of a permit or
certificate by the co~nty.
sec. 19.1-5~ ~uthority of chief of ~ollce to make rules an~
re~ulatiues.
The chief of police is authorized and empowered to make
·uch ~ul%e and regulations concerning the operation of for-
h~re vehicles as ars necessary and are nat in conflict with
thi~ chapter for the purpose of administering, executing and
making effective the provisiono of this chapter. Such rule~
and requlations so promulgated m~y include, ~ithout
limttation~ regulrement~ for the provisions of such ~afety
devices and procedures as the chief of police may deem
necessary for the safety of passengers and operation~;
additional disciplinary rules, sanctions and procedures as may
be necessary and proper; and appropriate rules go¥$rning the
~ress, hygiene and general appearance e£ taxi.ab ~rlv~s.
(2) This ordinance
upon a~gpti0n.
Vote: Unanimous"
vote: Unanimous
shall h~cmme ~ffeetlve immediately
6,0,2.~, SBPTEF~ER 23, Z~92
On ~oticn e£ Kr. McHale, eeconded by Mr. Colbert, t-he Board
amended the minutes cf the ~eptember ]], 199l Board meeting as
approved reque~t~ for bingo~raffle pe~it~ for the following
PTA
J~nior ~ederated Wemen's ~inge/Ea££1e
"on motion o£ ~r. Warrun, s~cond[e~ by Mr. Colbert, the ~oard
approved ~ request for a raffl~ permit for ~ttrick ~lementary
Sohool ~TA for calendar year 1993 an~ a request for a
bingo/raffle pe~it for Junior Federated Women ~ s Club of
~ste: Unanimous
B.C.3. AGREEMENT~ i~ORMAZNT~NANCE OF STOP~W&TER DR/%IN~G~
BT, JA~E~ WOODS. SECTI~ B AND SH;cKERS RES~AUKA~T
On motion of ~lr. McHale, seconded by Mr. colbert, the Beard
a~the~i~ed the CoUnty Ad~inlstrator to execut~ Agr~ment~ for
Maintenance of Stormwa~e= Drainage Systems and Best Management
Practice Facilities with Douglas R. Sowers, th~ developer of
St. JamBs Woo~s~ Section ~ an~ with Shakers Restaurant
Corporation with the County's only involvement being to assure
approved by the County Attorney. (It is noted a copy of the
plat is filed with the Dm~er~ of this Board.]
Vote: Unanimous
On motion of Mr. McHale~ seconded by Mr. Colbert~ the Board
~et the date of Nov~ber 12, 1992 at ?;00 p.m. for a publi~
h~aring to consider the sale of a well lot in Lunsw0o~
10/2B/9;
subdivision to ~r,
amount of $1,000.
Vote: Unanimou~
Davi= J.
crist, the high bidder~ in the
6.~,5. ArFA.~D OF ~O~E'FRUCTION OONTI~,OT TO RICI~%RD
CONSTRUCTION ~O~f~N~. FO~ RIVER RO~ WATS~
~TATION
On motion of ~. Mc~ale, seconded by Mr. Colbert, the Board
awarded a construction contract to Richur~ L. ~o~er
· construction Company, Inc., ~e iow bidder, in the ~ount
$371,751.11, for the Rivur Road Wa~er Line R~ab~litatlon
P~oject. (It is noted ~aid fund~ are availabl~ in the Capital
improvement Budgmt.)
Vote: Unanimous
DECLARE TWO ~RCEL9 OF L~/~D C0~T~I~IN~ ~.014 ACREZ
IMPROV~E~ ALON~ ~auK~ R~AD, ROUTE 669e OLD
declared two parcel~ cf la~d, containing 5.014 acres and
improvements along church Road, Route 669, Old Union Grove
SOhocI~ in ~atoa~a District, a~ surplu~ property and will
offer the property for sal~ by ~ealed bid~. (It is noted in
~eeptng with County policy, the Purchasing ~epart~ent is
directed to advertisa th~ property ~or sealed bldm.)
Vote: Unanimous
~01~.~/'1~ OF E~SEMENT~ TO~IR~INI~ ELECT~I~ ~/~ POWER
§,C,7,&, ~OB TEE NATURE CENTER AT ROCKWOOD P]~RK
On motion of M~. MoHale, seconded by Mr. Colbert,' the Board
anthorized the Chairman of the ~caxd and thm County
Administrator to e~ecut6 an easement agreement with Virginia
Electric and Power Company for underground power to provide
a~iee to the nature center at Rockweod Park. (It ia noted a
copy of the plat ~ ~iled with the papers o£ T-his ~ourd.)
O~ motion of Mr. McHsle, seconded by Mr. Colbert, the Board
authorized th~ chairman of the Board and the County
Administrato~ to execute an easement agreement with Virginia
~lcctrlc and Power Company far a water q~ality test well at
Dutch Gap. (It is noted a copy of the plat is filed with the
papers of this Board.}
Vote: Una~imou~
6.C.U. ~PPROVAL OF UTILITies ¢ONT~C~ F~ SlatING TDam~.~
On ~OtiOn Of Hr. HcHale, ~ccnded by ~ir. Colbert,, the ~oard
approved a utilitles contract for spring Trace, section I,
92-849 10/28/92
the extension of 1,~43 L.F. ~ ef eigh~ inch wastew~tmr lines
and 894 L.F. ± of six inch and sixteen inch water lines and
authorized the County Administrator to execute any necessary
documents:
Developer: spring Tra=e
Contractor: Sta~ie E. Lyttle Company
Contract Amount: Estimated tot~l - $122,$24.QQ
Wate~ (0versizing) - $ 5,300.16
(Refund ~hru connections)
Estimated Developer Cost: - $117,523.84
Ce~e: (ovsrsi~ing) -
District: Matoeca
Vote: Unanimous
6.~.9. ~EPT~N~B80~ ~]%RCEL~ OP I~%ND
NORTH OF 8ENITO ROAD FROM WILLI~i~ B. ~ ~ENE R.
On motion of Mr. HcHale, seconded by F~r. Colbert, the Board
acce~ted, on behat~ of the County, the conveyance of 6.150
acres of land north of Genito Road from William B. and ~ene H.
Dural and authorized the County Administrator to execute the
necessary deed. (It i~ meted a copy of the ~lat is filed with
the papers cf this Board.)
Vote: Unanimous
6.C.9.b. ALONG GENITO ROAD FROH WILLIAi~ B. AND GENE K. DUFAL
on motion of Mr. MoHale, seconded by Mr. col~r~, the Beard
accepted, on behalf of the County, the conveyance of a thirty
foot wide parcel of land along Genito Road from William B. and
Gene ~. Dural and authorized th~ County Admlni~trator to
execute the necessa~ deed. (It is noted a copy of the plat
i$ filed with the pa~ers of this Board.)
Vote: Unanimous
On motion of Nr. ~c~ate, ~econded by ~r. Colbert, the Board
accepted, on behal£ of the County, the conveyanus of a ~arcsl
of land containing 0.669 acre from Exxon Corporation for the
relocation of a ~ortion o£ For~ Darling Roa~ and authorize~
the County Administrator to ~xecute the necessary deed. (It
iS note~ a co~y o£ the ~lat is filed with the ~apers of this
Board.)
Vote: Unanimous
O~ motiom of ~r, HcH~i~, secended by Hr. Colbert, the Board
the General Assembly that Levlt~cu~ Project A~sociatlen~ Inc.
Vote: Unanimous
-!
On m~tion of Mr. ~cHale, ;~oon~e~ by K~. Colb~Ft, the
authorized ~e Co~ty Administrator to execute a consent for
right of e~t~ with the Departmen~ of Mines, Mineral~ and
Ener~. (It i~ noted a copy of ~e map is filed with the
Vote: Unanimous
Time: 5:06
~.A. STRh~i'~IGHT INBTALLATXON
on mutlon of Mr. Mc~ale, seconded by Mr. Colbert, the ~oar~
ap~rovmd the f~llowing ~treet llght installation
approvals with said fund~ to Da e~ended from the designated
District Streetlight Aa=cunts:
~E~DA DISTRICT
* Int=~suction of Bruce Ro~d ~d Mor~ead Drive, relocate
existing st~eetli~ht
Cost to relocate light: $1,069.00.
CLOV~ ~ILL DISTRT~
* I~ters~ctlon of Brook Forest Road and Gen~to Road
~0~DTSTRICT
Co~t to in~tall light:
* . Intersection of Bixby Lane and Hag~rty Lane
Cost to install l~ght: $1,548.00.
* Inter~ection of Bixby Lane and Wo0~p~¢k~r Road
No cost to in=tall
* Intersection uf ~radley B~idge Roa~ and Woodpeo~e~ Road
No oo~t to install light.
Vote: Unanimous
Time: 5:07
It was generally agreed to defor consideration o£ nominations
to the Debris Manifest Appeals Board u~til Rovember 12, 1992.
Time: 5:08 p.m.
7.A. F/~GENCy ~TREETLIB~ IN~TBJ~/~TION COST~P~
on motion of ~. Colbert, seconded by M~. McHale, t-he Bear4
approved the ~treet light installation =cst approval for White
Fawn Drive, vicinity of 19710~ in the ~atoaca Magisterial
District, in the amount of $1,874.00, with maid fundm to h~
expended from the MatOacu District Streetlight Account.
Time: 9:09 p.m.
92-851 10/28/92
It was by general consensus cf the Board that Mr. David
Helfrich, MS. Edna Lenhart? and Mr. Ray szabo were nominated
to serve on the Metropolitan Richmond Convention and Visitors
Bureau, whose formal appointments will be considered at the
8. HE~MINGS OF CXTI~ENS ON ~NSCHEDULED M~TTERS ON CLAIMS
·"nere were no Hearings of Citizens on Unscheduled Matters or
~laime scheduled at =his time.
9. RBPORT~
O~ motion of Mr. McHale, seconded by Mr. Warren, the Board
accepted the following
Mr. Ramsey presented the Board with a report on the developer
water and sewer ~entraet~ e~eeuted by the County
Administrator.
Mr. R~ey presented the Board with a status report on the
Gen~ral Fund Balance; Reserve for Future capital Projects;
District Road and Street Light Punds; Lease Purchases; and
sahool Board Agenda.
Mr. Ramsey presented ths Boar~ with a tentative work
schedule.
Mr. Ramsey stated the Virginia Department of Transportation
has formally notified the County of =he acceptance of the
following roads into the State ~econdary ~yEtem:
(Effective 9-2~-92)
Route 3036 (Speeks Drive) - From Route ~60 to 0.26
mile South Route ~0 0.2~ Mi
SOM/(ERVILLE, ZECTION 3 (Effective 10-1-92~
Route 970 (otterdale Road) - From 0.07 mile No~th
Route 972 to 0.01 mile Northwest Wyldrose Drive
(Route 971) 0.10 Mi
Route 971 (Wyldrose Drive) - From 0.~ mile North
Rou~e 6~ ~o 0.02 mile Noz~-he&at Route 970 0.19 Mi
Vote: ~nanlmous
10. BTNN~
On motion of Mr. Colbert, seconded by Mr. Warren, the Board
rssn~ned a% 5~20 p.m. to the Administration Building, Room
502, for dinner.
Vote: Unanimous
Rs¢onvening:
92-852 10/28/92
11.
Mr. Daniel introduced Reverend Gary N. Thompson, Pastor of
Cornerstone Evangelical Free Church, who gave the invocation.
Tim~ ?:o5 p.m.
12. P~E..OE ALLEGIANCE TO TN~_FL~G OF T~E UNITED ~TATES OF
The Webeles of Troop 876 led the Pledge of Allegiance to the
Flag Of t~ U~ited State~ of America.
13. RESOLUTION8 AND SPRCIAL RE~O~NtTION8
RECO~NI~IN8 ~. CALVIN L. W~,n,
ENGINE~ING
~. McElfish introduced Mr. Calvin Vier and eta=ed Mr. Viar
has been a dedicated ~ployc~ for thirty-fO~ year~ and ~uring
tho~e ye~r~, worke~ for ~he Utilltle~ and Engineering
Departments.
On ~otio~ of the Board, ~e following resolu%'ion was
~ER~, ~. Calvin L. Vier will r~tire from
Environmental ~uineering Department on octobe~ 30, 1992; ~d
~ER~S, Mr, Vier, throughout hi~ t~i~ty-fcur years of
p~blic service, hag been a dedicated employ~ wi~ ~th
Utilities Department an~ ~e Enviro~ental Engineering
Depar~ent; and
~S, Mr. Vier helped ~o esbabli~h the County'~
.original ta~ map~ and e~and ~e house nu~ring ~y~te~ to
~ntir~ County;
primitiv~ mapping means to an automated ay~tem and ~to ,the
beglnning of a geographic info~a~ion ~ys~em environnent which
has been changing through the process;
~S, ~. Viur's willingness to help o~ers wi~
in~iries regarding parcul an~ address infornat~on has alwa~
projected a positive customer service ~mage;
~ER~S, ~. Viar's co-work.rs, ~0% o~ly i~ the
Environmental =ngineering Department but Other int~-County
Departments~ will ~eatly miss hi~ in ~eir ~es= Sot
hard to fln~ parc~l~; and
~=R~S, th~ E~vironmental ~gibccring D~par~ent will
miz~ ~i~ vast bmck~oun~ knowledge and prompt re~rleval of
location ~nfo~a%ion; and
~EREAS, ~. Viar's cc-work~ a~d 0~tside contacts
utility companie~ wish him guod luck and good heal~ in his
retirement; and
~S~ Chesterfield County an~ the Doar~ of
will miss Mr. Viar'~ dedica=ed and ditige~t service to the
county.
County ~oard of Supervisors ~ubllcly reco~ze~ ~. Calvin L.
via~ and C~ends on b~alf of it~ me.ers and citizmn~ of
~esterfield County th~ appreciation for his serv~c~ to
County.
10~28/92
~/;D, B~ IT FU~5~{~R R~OLV~D, that a copy of this
resolution De presented to Mr. ¥iar and that this resolution
~ permanently recorded among ~he papers of ~hi~ Board of
Supe~isors of Chesterfield County, Vlrgln~a.
for his dedicated s~ice ~o th~ county and wishe~ him w~ll in
hi~ retir~ent.
Tim~: 7:14
· ~...B..._D~S.IGNATINO T~E W~E OF OCTOBER
~%~2..~ "R~D RIBBON WEBE"
Mrs. Bennett introduced M~. Carolyn Boone, Chairman of
Commonwealth Alliance for Drug Rehabilitation and ~ducation;
Mr. Joseph speidel~ chairman of the Youth services citizen
Board; Ms. Maur~en Hook, ~xeo~tive Director of the Virginia
Federation of Co~unitiem for Drug Free Youth; and Mm. Patty
Cullom, representing the Junior ~ederated Women's club of
Cheater, and ~tated theme groupz have joined together to
demonstrate their commitment to a drug free lifestyle.
On motion cf the Board, the following resolution was adopted:
WHEREAS, alcohol and ether drug use in this ne=Jun has
reached epidemic ~tag~; and
WHEREAS, Chesterfield County has been keenly aware of the
community and haz ~ought to address this issue through
creation of the Drug and Alcohol Abuse Ta~k Foree~ ~upport of
the local ¢o~mcaweelth Alliance for Drug Rehabilitation
Education, and funding cf governmental sez-;ices related to
~EREAS, it is imperative that visible, unified
prevention sduoatien efforts by community members be launched
to reduce the de, and for drugs; and
W~EREAS, The virginia Federation of communities for Drug
Free Youth, Chesterfield County's Commonwealth Alliance for
DT~g R~a~ili=sticn an~ ~duoablon~ and the Office ~f Youth are
sponsoring the Red Ribbon Campaign offering citizens the
opportunity to demonstrate t~eir co~it~ent to
lifestyles; and
WHEREAS, the Red Ribbon Campaign will b~ celebrated
throughout virginia d~ring "Re~ Ribbon Week~" October 24, to
November 1, 199~; and
WHEREAS, private citizens of all age~, business and
government employees, and professionals will demonstrate their
commitment to drug-free, h~althy lifestyle~ by wearing
displaying red ribbons during this week-long campaign.
NOW~ T~REFORE BE IT RESOLVED, that the Board of
Supervisors of Chesterfield County does hereby support October
2~ be Novea~ber 1~ 1992 ss "Red Ribbon Week" and encourages
its cltlzen~ to participate in aloohel and other drug
education and prevention activities, making a vi~ible
statement that we are e~rongly committed to a drug-free
community.
ANB~ BE IT FURTHER RESOLVED~ that thc Board of
Sup~rvi~or~ of ~ter£iel~ county encourages all citizens to
pledger "T~E WAY TO BE, DRUG-FREE!"
~. DaNiel pres=nted the ex~cuted resolution to'~s. Boone, Mr.
Speidel, Ms. Hack and Ms. ~lle~ a~d oo~en~e~ ~e ~o~p~ for
their efforts in suppo~in~ alcohol and other drug education
an~ prevention activities.
Tim~: 7/22 p.~.
TO CON~IDER ~NAMENDMENT TO THE FYg~-93 B~ET TO
~Y CAPIT~
~INGZ
· 4,A.2, $600.000 IN I~E~T
for a public hearin~ to consider an ~en~ent to ~e FY9~-95
proceeds and staff was re~e~ti~g
$7,809,235 in ~nd proceeds and $5~7,~00 in interest earnings
~illion in General Obligation Bonds a~thsrized by ~e 1988
Referend~ for County capital Projects, $21.045 milllon ha~
besn ~sEued leaving $8.855 ~illion to be issued in Novemb~,
!992 and of th~ $8.855 ~illion, $1,045,765 ha~ already been
reviewed the allocation of the approprlutlons by project
category.
~. George Bea~les expressed conc~n~ ~lative to the
~esignmte4 County capital projects which would receive bond
proceeds from this appropriation and indicated
the declin~ in the economy, ~e County would probably be
unable to i~ue any fur~ bond~ ~til the economy im~rove~.
~ere being no one else to address this issue; th~ p~blic
hearing was closed.
on ~o=io~ o~ ~r. ~cHale, seconded by Mr. Colbert~ ~e Beard
appropriated $7,809,~3~ in bond proce~d~
in~re~ ~or county ceDi=al propects and debt se~ice. ~d,
luther, ~e Board appropriated $600,000
(It is no,ad ~ke $600,000 in interest earn~ng~
in expenditures and ~e USe Of funds is consistent with the
FY93 adopted budget. A~proval of this change at this time
will minimize the acc~al of additional arbitrage rebates and
vote: ~animous
Time: 7:23
92-B55 10/28/92
~ RES~O~I~ SE~IONS 4-26,1, 4-27* 4-29, 4-30, ~-31
public hearing ~o con~ider an 0rdinanee relating ~o bingo
game~ and raffles. He further stated in =mnuary, 1992, the
Virginia, relating to bingo gam~ and raffle~, in=lading but
not limited to, State law ~ending ~e definition of "raffle"
to include =he use of pu11-~ab devices, oo~only kn~ as tip-
receive an interim tax exemption pending IRS approval;
allowing organizations for or blind persons %0 hire clerical
any bingo ga~e or raffle; and allowing bingo operations
ordinance.
adopted the following ordinance~
~ O~IN~C= TO ~ T~E CODE OF ~ C0~TY
OF CH~ST~PIELD, 1978, ~ ~DED, BY ~E~IN~
~D REEWA~ING SECTIONS 4-~.1, 4-27, 4-29, 4-30,
~esterfield County:
(1} That Section 4-~6.1 of the Cod~ of the County
read as follows:
For the purpo~ of thi~ article, th~ following word~
(b) "Raffle" means a lotte~ in which ~e prize i~
(1) or mere persons p~chasing chanoes. Bowered, no~ing
this article shall prohibit an organization ~rom using the
d~te~ining the winner of a lottery. For p~poses o~ this
lo%t~ry by us~ of pre-9ackaged Dull-tab devices whi~ are
devices made completely of paper or paper products with
playe= to determine wins or losses and may include the use of
a zeal which conceals a n~ber or s~ol =ha= has ~en
designated in advance as a pri~e winner including but not
limlt~d to gull-tab dmv~ce~ co--only kno~ a~ tipbo~d~
See. 4-27. Who may ucnduct.
92-856 10/28/92
(g) Any organization whoso gross receipts from all bingo
operations exceeded or can he expected to exceed seventy-five
thousand dollars ($75,000.00) is any calendar year shall have
been granted tax exempt ~tatue pursuant to section 50lC oS the
united States Internal Revenue Code. A% the came time tax-
exempt status is sought from the Internal Revenue Servlee, the
same documentation nay be filed with the local governing body
for an interim certificat£c~ of tax-exempt status. If such
docu~entstioo is filed, the local governing body nay, after
reviewing ~ch ~oeu~entation as it may dee~ necessary,
its determination of tax-exempt status within ~ixty (60) days
of receipt of such documentation. The local governing body
nay charge a reasonable fee, net to exceed five hundred
dollars ($~00.00). This interim certification of tax-exempt
status ~hall be valid until the Internal Revenue Service
issues it~ determlnat~on of tax-exempt status, or for eighteen
(18} moor,s, WhiCh=var i~ surlier.
eeo
(3) That Section 4-~9 of the Code of the County of
C~sster£1el~, 1~7~, aa amended, io amended and
read a~ follows:
(a) Each permit shall be issued by the o~ai~man ef the
board of eupervioors upon prior approval cf the board. ~ach
permit ~hall be issued on a calendar year basle an~ ~halI be
valid from the first day cf January until the thirty-first day
of December of each year. ~ash permi= shall be
nontransferable. An organization which obtains a permit to
conduct a raffle may sell raffle tickets both wlth~n and
without the county, except that pull-tab devices an d~£in~d in
section 4-26.~(~) used ac part o: a raffle may be sold only
organization and at such tlmss as it is not o~ened to
public~ except to members and their guests.
(4) Thut S~=tion 4-30 of the Code of the County of
chesterfield, 1978, as amended, is amended and reenacted to
Sec. 4-3~. Per, it R~s~rictlon~.
o o o
(e) ExCept for persons employed as ~lerieal assistants
by organizations composed of Or for deaf or blind p.erson~,
only bona fide m~mbers of any such organization who havsbeen
members of ouch organization for at least ninety (90] days
prior to such participation shall participate in the
manag~ent, operation or conduct of any bingo game ct.raffle.
Except as provided herein, no person shall receive any
reauuneratien for participating in the ~anag~ment, operation ur
conduct of any sush game er raffle. Pereon~ employed by
organizations composed of or for deaf er blind permcnm may
receive remuneration not ~o exceed thirty dollars ($30.00) per
event for providing =l~rioal aosistance in the condu~t
bingo games or ra~l~ ~nly f~r such organ~zation~. P~ons
eighteen (18} years of age and under who moll rafSle
to raise ~un~m ~or you~ ac~ivitiem ~n which they participate
muy receiv~ nonmonetary in~tive awards or prizes from the
org=nlzation provided that organization is nonprofit.
mpouse of any such bona fi~e m~be= or a firefighter o~ rescue
9~-857 10/28/92
s~uad member employed by a political []ubdlvision with which
the volunteer firefi~h~er or rezous squad member is assoolated
may participate in the operation and coDduot of a bingo game
or raffle if a bona fide member is present.
o o o
(g) Nu orgunizution shall award any bingo prize or any
merchandise valued in excess of tho following amounts:
(1) No bingo deer prize shall exceed
dollars
(2) No regular bingo or special bingo game shall
exceed one hundred dollars {$1OO.OO)$ and
(3) NO bingo jackpot, of any nature whatsoever,
shall exceed one thousand dollars
nor shall the total amount of bingo jackpot
prizes awarded in any one (t) calendar year
exceed one thousand dollars
No organization shall award any raffle prize or prizes
palmed a% more thnn one hundred thousand dollars
($1~,000.00). The one hundred thousand dollars ($100,000.00)
limitation shall not apply to a raffle conduoted no more than
once p~r calendar year by an orga~izatio~ q~alified an a tax-
exempt organization pursuant to section §01(c)(3) of the
InterDal Revenue Co~e for a prize oonsisting Of a lot improved
by a residential dwelling where one hundred (100)
the moneys received from such a raffle, less deductions for
the fair market value for the cost of acquisition of the land
and material, are donated to lawful religious, charitable,
community~ or educational organizations specifically chartered
or organized under the laws of the cummonwoalth and qualified
aa a section 501(c)(3) tax-exempt o~ganizatien. The award of
any such prize money aha11 not be deemed to be a par= of any
ga~i~g contract withi~ the purview of section 11-14 Of the
Code of virginia, 1950, a8
(i) No person shall receive any r~uneratlon for
participating in the mamagement~ operation or conduct of any
such game or raffle, except aa provided in subsection (a).
e o o
(k) Any organization composed of or for deaf or blind
persons t/%~t employs a per,on not a member to provide clerical
assistanoe in the conduct of bingo games or raffles stall have
in force fidelity insurance, az defined in ~38.~-120, Code of
Virginia, 1950, as amended, ~-ritten by an insurer licensed to
do business in the Commonwealth.
(5) That Section 4-31 of the Code of the County of
Chesterfield, 1978~ as amonded~ is amended and reenaoted to
4-31. other prohibited uractices.
o o e
(b) Ns organization shall enter into a oon~ract wi~h or
otherwise employ for compensation any pe~son for the purpose
of organizing, managing or conducting bingo games or raffle~,
except as provided i~ S~b~eotio~ (e) of s~ction 4-30. Thi~
~hall not prohibit the joint operation of ~ingo games pursuant
to section 4-30.1.
(6) That Section 4-~2 of the Code of the County ~f
Chesterfield, 1978, as a~ended, is amended and reenacted to
read as follows:
Sec. 4-32. ~kds and reDort~ of crross receipts ~a
disbursements.
(b) Each financial report shall b~ accompanied by a
certificate~ verified under oath, by the board Of directors of
the organization to which the permit is issued, that the
proceeds of all bingo gamem and raffles have been u~ed by
those lawful~ ~eligious, charitable, co~m~unity or educational
purposes for which the organization is specifically c2tartered
or organized and that the operation of bingo games or
has been in aocerdance with the provisions of article 1.1 of
chapter 8 of titl~ 18.2 (18.2-340.1 35 seq.) of the Code of
virginia, 1950, as am~n~e~. Additionally, any organization
having annual gross receipts from bingo games or raffles in
~xoess cf five hundre~ thousand dollar~ ($500,000), as shown
uae of proceeds, and ending ca~h; that the ~roceeds of any
respects, for tho~e lawful, religious, ohar~tnhle, community
specifically chartered or organi~e~; and that gros~ recelpt~
the provisions o~ this article.
(?) This ordinan¢~
upon adoption.
Veto: Unanimou~
Time: 7:25 p.m.
o o o
shall become effective immediately
14.~. TO CONSI~R AN ORDINANOE TO ~N~ ~E ~ODE OF TH~
p~bli~ hearing to con~ider an ordinance relating to County
v~hicle license and other reqnire~ent~. He further ~tated
effective $anuary l, i993, for the 1993 tax year~ the Board
has the ability to exempt vehicles owned by auxiliary police
and polioe chaplains from taxation. He n~ted ct~rrent
membership included twenty-one auxiliary police and six
ordinance would raduc~ motor v~hicle lio~n~ tax revenues by
approximately $540 p~r year.
such exemptlon~. He indicated he felt these t~es of
exemptions made it moro difficul~ to enforce laws governing
D2-859 10/28/92
lit. Micas clarified the proposed ordinance would only exempt
auxiliary pelice offioers and volunteer police chaplains ~rom
the payment of the local license vehicle decal and not
personal property tax.
There being ne one else to address this o~di~a~¢e, the
On motion of Mr. Mc~ale, seconded by Mr. Barber, the Board
A~ ORDINA/~CE TO AMiD THE CODE OF THE COUNTY
O D, 1978, AS A/~ENDED~ BY AMENDING
AND REENACTING SECTION 14.1-1~ RELATING TO
COUlqTYVEEICLE LICENSE ARDOTHER REQUIREMENTS
BE IT ORDAINED by the Board Of Supervisors
Chesterfield County:
(1) That Section 14.1-18 o~ ~he Code of t~e County of
Chesterfield, 1978, as amended~ is amended and reenacted to
read as follows:
Sec. 14.1-1S. Recuired: excectioes.
motor vehicle, trailer or ~mmitrsil~r normally garaged, stored
or parked in ~he oounty.
oeo
(c) The provisions of this section shall not apply to
vehicles owned by:
(1) A volunteer re~eue nquad;
(2) A volunteer ~ire ~epar~men=;
A volunteer police chaplain; provided that no
mor~ than one (1) vehicl~ owned by
e~aplain may quali£y ~or tbs exemption provided
by this sub,,orion.
An a=tlve member of a volunteer rescue squad, a
volunteer fire department or an auxiliary
police unit; provided much member mu]umits to
the treasurer a oertlfiostlon, signed ~der
oath by thu chief Or head of the m~mbur'n
volunteer organization, certifying the member's
activ~ membership for the mix-month perio~
prior to obtaining a lloense, and provided that
no more than one (1) vehicle owned by s~ch
member may qualify for the exemption provided
by this subsection.
(~) This ordinance shall become effective on January 1,
1993.
Vote= Unanimous
Time:7:27
~ .U~._~_OF CHEBTERFIELD. 197~. ~8 ~MEI~DEDo BY
~ ~E~ACTING ~E~ION 15.1-23.2 ~ BY ~E~ING ~
R~TZNG TO ~KE DIS~ING OF WEA~ONS ~C~0~8 HIG~AY~
~ ~ON T~ ~OP~R~ OF ~OTK~
Mr. Hica~ stated thi~ date and time ha~ bee~ adverti~ for
p~blic h~aring to consider an ordinance ~elating to
di=~arging of w~apon~ across highways and upon the
of another. He f~er ~tated ~e proposed ordinance would
prohibit tbs shooting of crossbows at or on the property
nno~ without the property o~er'spe~i~ion a~d had
initiated due to legimlation of thu ~neral Asse~iF
it~ 1992 session. ~en asked, ~. Mioa~ ~tated the ordinance
would prohibi~ the actual discharge of crossbows.
~. George Beadles stated be f~lt ~e County ~hould be allowed
to udopt these t~es of ordinances, which are initiated
through l~gisla=ion at the General Assembly level, wi~out
being required t0 hold a p~lic he~ing.
h~arin~ wnm closed.
On motion of ~. Colbe~t, seconded by ~. Ba~, th= Board
adopted the following
chesterfield county:
(1) That seotien 15.1-23.2 of the Code of the Coumt~ of
Sec. 15.1-23.2.
prohibited.
~ane - ~ootlng of a compound bow or ¢=O$gbow
I= ~hall De ~nlawful for any person to snoot a compound
bow or crossbow at or upon the property o~ another wit~o~=
permission of th~ owner of such property.
Same - Disoharae of air or ~as onera%e~
Sec. 15.1-23.4.
or other use.
L.a~,~, Chesdin - Re~trlction~ on recreatio~a~
o o o
Sec. 15.l-23.~. Minors ~os~ssm~q_.ioa,ded firsarms in certain
..... 1£~J I J !1_~ I J I
(2) This ordinance
upon adeptisn.
Vote: Unanimous
Time: 7:29 p.m.
14 .E.
TO CONSIDERAN ORDINANCH TO AMEND THE CODE OF THE
INVESTIGATE RELEABE OF HAS~DOUS MATERI~J~
Mr. Hica~ stated thi~ date and time had been advertised for
public hearing to consider an ordinance relating to Fire
Marshal's right to investigate release of hazardous material.
He further ~teted the proposed ordinance would extend the
legal fire offioials's right to enter on private property to
investigate the relea~e of haaardou~ ~aterial~ and the
authority would allow fire officials to immediately conduct
such hazardous material investigations as permitte~ by State
law. Ha noted the F~re Chief ~upDorted adoption of th~
No one came forward to spe~ in favor ~f or against the
ordinnnce.
O~ ~otio~ of ~. Colbert, seconded by ~. McKale, the Board
a~op~ed ~he Sollowing ordinance:
~ 0ROI~CE TO ~=~D THZ CODE OF THE CO~Y
OF CHESTERFIELD, 1978, AS ~DED, BY ADORING
SE~ION 9.~-8.1 ~TING TO
FIRE OFFICI~S RIGHT TO I~STIGATE
RELISH OF ~Z~OUS ~TERI~
BE IT 0~AINED ~y ~e Board Of supervisors of
Chesterfield County:
(~) That Chapter 9,1 of the Code of the county
th~ following:
Eec. 9.I-~.1. Right of ent~ to investigate releases of
Thm fire o~flclal ~hall have the right to enter upon any
hazardous wa~t~, ur re,luted s~stancm, as defined b~ ~tate
and whick has entered into the ~ound water, surface water
~oilm of the co~ty, i~ orde~ to investigate the extent and
i~vestigation, the fire official makes an affidavit ~der oath
and ~at he has been refused admittance to the prope~y, o~ is
~gistrate of the county may i=sue an inveEtlgatlon warrant to
the pu~ose of determining ~e origin and so--ce cf the
release. If ~e fire official, after gaining access to any
p~ope~ty pursuant to such investigation warrant, ha~
constituting a ~iminal offense, h~ shall di~continu~
investigation ~%il a ~e~ch warrant ham been obtained
92-862 10/28/92
(2) This ordinanoe
upon adoption.
Ti~e: 7;3~ p.m.
shall ~ec0me ~S~e=tlve
immediately
92SN0~25
In Bermuda Magis=erial D£~=ict, WILLIAM H~I~tY HI%~BHIGHT
requested a Mobile Hom~ P~it to park a mobile home in a
H~a~ In~us2rial (M-3) Dis~ict. ~e d~nslty of the proposal
i~ approximately ~.17 ~nits/acre. The Comprehensive
designates ~e property for general indus~ial use. This
property fronts the east line of Hav~ Avenue, approxi~tely
355 f~t sou~h of Sellwood Read, and is in t~e vicinity of
8321 Haven Avenue. Tax Nap 68-13 {2) Bellwood
and 7 (sheet
~. Jaoobson pre~ented a ~a~y of Ca~e 925N0123 and stated
residential u~es in thi~ area wa~ ~0t compatible wi~ the
Comprehensive Plan or Zoning Ordinance. He noted
~. William Ha~ig~t stated there wer~ c~rently seven mobile
fxo~ t~e ~ai~ ~oad; and re~ested the Board to approve the
request for sev~ yea~s i~dicating he woula be willlng to
relocate the mobile home ut ~e end of ~e seven year period.
adjacent property on whioh a mobil~ home was already looat~d
and ~h~ w~ in =he prooess of also requesting a mobile home
pe~it and he felt the re~asts of both applioant~ oould
better deoid~d if heard simultaneously.
~en asked~ ~. Peele m~ated if the appropriate process was
followed, e~ r~e~t ooutd be hear~ at th~ ru~larly
~chedule~ Board meeting on Deca~er 9~ 1992.
There was brief discussion relative to whe~er th~ applicant
currently had a ~obil~ hOm~ pe~it.
defe~ed Ca~e 928N0123 ~ntil Dec--her ~, ~99~ or until such
with u request by the applicant's mother on adjacent property.
Vote: Ununimous
92~R0157
In R~rmuda Magisterial District, SHEILA ~, ~M~T~ requested
renewal of Mobile Home Permit 878060 to park a mobile home in
~ R~$idential (R-7) Distriot. The density of Chis pro~omal
approximately 3.57 units/a=rm. The Co~pr~ensi~e Plan
designates the proDe~y ~0r remidential umm ~ 1.51 t~ 4.00
unit~/acre. ~ property fr0~t~ the we~t line of ~ioneer
~tter k~ow~ as 7810 Pioneer Street. T~ Map 67-11
~ark, Bleak 19, Lots 36 throug~ 39 (Shmet
92-863
~. Jaoe~son presented a s~ry of case 9~$~01~? and s~ated
~taff reoommende~ approval.
Mrs. shsila C. smith stated fha rsoommendatlon was acceptable.
There was no opposition present.
On motion cf ~ McHale, ~econded by Nm. Co]bert, the Board
approved Case 92SR0157 for seven (7) yearsr subject to the
2. No lot or parcel may be ~e~ted ar lea~ad for use as a
mo~il~ ~oma size, nor s~all any mobile home be u~ed for
r~ntal property. Only one (1) mobile home shall ba
permitted to be parked cn an individual 1at or paroel.
3. The minimum lot size, yard setbacks, rsc~llred front yard,
and other zoning requirements cf the applicable zoning
district ~hall be complied with~ except that no mobile
hcmc shall be located closer than 20 feet to any
e~isting residence.
4. NO additional pel~anent-type living ~paee may be added
onto a mobile home. All mobile homes shall be skirted
but shell not be placed on a permanent foundation.
5. Where public (County) water and/or ~awer ara available,
they shall bm used.
6. Upon being granted a Mobile Home Permit, the applicant
shall then obtain tbs necessary permits fr~m the Office
u£ the Buildin~ 0ssicial. This shal~ be done prior to
the installation or relocation of the mobile home.
7. Any violation of the above conditions shell
for revocation of the Mohils Home p~r~it.
Vote: Unanimous
Tine= 7:39
be grounds
In ~ar~uda Magi~t=rial Dint~ict, ~nWAKD AmD G~YE ~%DI~0N
requested a Mobile Ho~e Permit to Dark a mobile hone in a
approximately 2.08 units/aCre. The COmprehensive Plan
designates the proper~y for residential use o~ 1.~1 to
street, approxi~tely 150 feet north of Batons Avenue, and
Park, Block 20, Lo=~ 11 through 17 (Sh~t
Mr. Jacobsen ~resented a ~u~ary of Cas~ 92SN0161 and
Mr. Edward and ~. ~aye MadiEon ~tated the reco~endatlon was
acceptable. There was no opposition present.
On motion ~f Mr. McHale~ ~econded by Mr. Colbert~ the B~ard
following standard oonditlon~:
1. Th~, a~plioant shall be the owner and ocoupant of the
mobile home.
92-864 10/28/92
2. No lot or parcel may be rented or leased for use es a
mobile home site, nor shall any mobile home be used for
rental property. Only one (1) mobile home shall be
permitted to be parked on an individual lot er parcel.
$. The minimum let size~ yard 6etbac~s, required front yard,
and other zoning requlrement~ of the applicable zoning
dis~riet mhall be complied with, except that no mobile
home shall be located closer than 20 feet to any
existing residence.
4. Ne additional permanent-type living Space may be added
onto a mobile home. All mobile homes shall be
but shall ~ot be placed on a permanent foundation.
5. Where public (County) water and/er sewer are available,
they shall be used.
6. %~on being granted a Mobile Hems Permit, the applicant
shall then obtain the n~oessary permits £ramthe
Office of the Building official. Thi~
done prior to ~he installation or relocation of the
mobile home.
Any violation of the above oendi~ions shall be.
for r~vocation of the Mobile Home ~ermit,
Vote: Unanimou~
Time= 7=41
In Bermuda Magisterial District, SaXRLEY ~. ROO~S requested
renewal of Mobile Home ~ermit STSR09~ to park a mobile home in
a Residential (R~7) District. The density of this proposal
approximately 1.25 units per acre. The Compruhensiv~ Plan
designates the property for residential use of 1.51 to 4.00
units/acre. This property front~ the ~outh line of Pineland
and is better known as 3121 Pineland Ave~e. Tax Map 163-6
(2) Piueland, Lots 24-1 and 24-2 (Sheet
Mr. Jacobsen presented s sugary of Cass 9]sR~195 end stated
stuff race--ended approval.
Mrs. Dori~ Rogers, representing the applicant, stated the
rocommendstlan was acceptable. There was ~ opposition
present.
On motion of Mr. M~ale, seconded by M.r. Colbert, the Board
approved Case 99SR019~ for ~even (7) years, subject to the
following ~tandard conditions:
The applicant shall be the owner and c=cuDant of the
mobile home.
2. NO lot or parcel may be rented or l~a~ed for use as a
mobile hams elto, ~er shall any mobile home be used for
rental property. Only one (1) mobile home shall be
permitted tn be parked on an individual lot er parcel.
3. The minimum lot slze~ yard setbacks, required front yard,
and other zoning requirements of the applicable zoning
district =hall he complied with, except that no mobile
home shall be located closer than 2~ feet to any
a~ieting residence.
4. No additional permanent-type living space may be
onto a mobile home. All mobile homes shall be skirted
bu~ shall net bo placud on u permanent foundation.
5. Where public (county) water and/er sewer ars available,
they shall be u~ed.
6. Upon being granted a Mobile Ko, ne Permit, the applicant
shall then obtain the msoessary permits from the Office
of the B~ilding Official. This shall be done prior to
the installation or relocation of the mobile home.
?. Any violation of the above conditions mhall be grounds
Vote: Unanimou~
T~: 7:4~ p.m.
92SN~189
In Matnaca Magisterial District, 8. B. COX, INC. rec/uested
Conditional Use to p~rmit a construction, demolition/de,tis
landf~ll in an Agricult~al (A) District. T~e denm~ty of such
amendment will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan designates the p=operty for
agricultural/forestall use. This request lies on 257 acres
fronting approximately 2,200 feet on the north line of River
Roa~, measure~ fro~ a point approximately 9~0 £¢et west of
Tayler Road, also fronting appreximately 1,420 feet on the
west line of Taylor Road, measured ~rom a point aeproximatsly
1,~O0 feet south of Hembrick Road. Tax Map 1~3 (1) Parcels
13, 14 and 21 an~ Tax Map 139 (1) Parcel 2 ($heat~ S5/36
~7).
Mr. Jacobsen pr~ented a su~unary of Case 9~N~B9 and mtated
at the re~uest of the applicant, the Planning commission had
deferred the case for thirty days and, therefore, staff was
recommending the Board de,mr ~hm rsquamt until November 24,
199~.
Mr. George ~adl~ ~tat~d he wa~ opposed to the reqlle~t being
double advertised amd indicated he felt the applicant should
request the ~oard to defer the case. He further stated he
felt a policy Should be established regarding zoning cases
being double advertised and them not being heard on the first
double advertisement as he felt in the~e t!rpes of situations,
the ca,es should automatically be remanded to the Planning
Commission rather than centinued to be double advertised.
on motion of 14~. Colbert, seconded by Mit. MeHal~, the Boa~d
deferre~ Case 92$N01S~ until November 24, 1992..
Time: ?~45
92~N0207
In Midlothian Hagisterial District, GAIL W. ~UBBS requested
rezon~ng from Office Business (O) to Corporate Office (O-~).
The density o~ such amendment will be eentrolled hy zening
conditions or Ordinance stand~rds. The Comprehensive Plan
designates the property for effice use. This request lles on
a 1.68 acre parcel fronting approximately ~0 feet OD the east
llne of Huguenot Road, across from Olde Coach Drive. Tax Map
16-B (1) Parcel Z2 (Sheet ?).
Mr. Jacobsen presented a summary of Case 91SN0~07 and stated
the Planning Co~ission and staff recommended approval. He
noted the reques~ eon£orme~ ~e th= Northern Area Land Use and
Transportation Plan and indicated t~he applicant ~a~ u~ab!e to
There was brief di$cussion relative to whether applicunts of
zoning cases in general were required to be proses= a~ the
meeting.
There was no oppoeition p~esent.
On motion of M~. Barber, seconded by Mr. Colbert, the Board
approved Case 92SN0207.
Vote: Unanimoum
Time~ ?~47 p.m.
~n Dale Magisterial District, S & J E~TERPRI~E8
rezoni~g from Agricultural (A) to General Business (c-u). The
densi=y of such amendment will be controlled by z0~ing
conditions or Ordinance standards. The Comprehensive Plan
designates the property for general commercial u~. Thi~
request lies on a 1.~ acre parcel fronting apDroximaUe~y
feet on the west line of Soodes Bridge Road, approximately 820
feet north of wal~sley Boulevard. Tax Map 40-~
(sheer 15).
the Planning Commiseion and ~taff recommended approval and
acceptance of th~ proffered conditions. Ke noted th~ request
conformed to the ~o=thern Area Lan~ Use and Transportation
Plan.
Mr. Jerry Adams, representing the applioan~, stated the
recommendation was acceptable. There was no opposition
preeent.
On motion of Mr. Daniel, seconded by F~r. Colbert~ the Boar~
conditions:
1. Prior to obtaining a building p~rmlt, one of the
following shall be accomplished for fire protection:
A. The own~r~ developer er assignee(s) shall pay to the
area adjusted Upward or downward by the same
and the date of payment, with the approval of the
County's Fire Chief, the owner,
assignee(s) shall receive a credit toward the
reqnired palrment for the seat of any fire
suppression system not otherwise required by law
which is included as a Dart of the development.
OR
B. Th~ owner, developer or assignee(m) shall ~rovide a
fire ~uppression system not otherwise required by
law which the County'~ Fire Chle~ determines
s~hetantially reduoe~ the need for County facilities
otherwise necessary for fire protection.
U~e~ pe~itted shall be restricted to the following:
(a} Bakery goods store.
92-867
(b) Banks and savings and loan associations with or
without an outside public address system or
with or without drive-in windows.
Barber or beauty shop.
(d) Book or stationery store.
(e) camera
(f) Candy
(g) Drug store/pharmacy.
(h) Dry cleaning, pick up and drop off.
(i) Dairy pr04~ct$ store,
Florist shop.
(k) ~ardware ~tore,
(1) offices: business, governmental, medical and
professional.
~hoe repair ~hop.
(n) Tailoring and clr~s~making shop~.
(O) Und~rg~0und utility us~ ~xeeDt a~ provided in
Section ~].I-146(a}, when ~uch uss~ are
located in easements, or in public road~ eights
Of way.
Video rental and ~ale~
Antique shops, not to include pawn shops and
second-hand stores.
Appliance ~tore~.
Attic= ma=erial and supply stores.
Bieyele sales an~
cad,ring
communica=iom studios, of~ice~ and
Curio or gift ~hopE.
~obby ~tore~,
Libraries.
Locksmith operations.
Messenger or telegraph
Motor vehicle accessory
~sical in~trument
office s~pply stores.
O~tometrists sales and services.
92-8~S
(gg] Paint and wallpaper stores.
(hh) Photography s=udioa.
(ii) Poet offices.
(jj) Rental o£ health and party equipment; and small
home h~rdware, tools and equipment.
(kk) Sewing machin~ Sales, instruct/on, and
(11) Sporting goods sales.
(nn) Travel arranging and transportation ticket
(pp) Printing shop~ provided that only copying
and/or duplicating machines ars used. No high
permitted.
(gq) Temporary outdoor chriat~aa tree sale~ provided
that:
(1) sales shall net begin before November 15
and ahall be restricted only to retail
melee of Christmas tree~, wreaths, holly
and similar ~eeore%ive horticultural
~aterials.
(2} A temporary mtand not to exceed two
hundred (aDO) square feet in area may be
CO~Structed or placed On ~ite in
accordance ~it~h any applicable law, and/or
one properly li~en~d, inspected, and
e~era=ive truck or ether vehicle may be
parked, when utilized for ~uch
(3] Any portion of the ~a~e~ area shall be
yard depth= (~etba~) required for the
(4) Sufficient area shall be ~et =~ide on site
to provide a minimum of five (S) temporary
off-street pa~ing opuses. If the sales
are located on the ~ame lot w~th an
existing use, the required minimum and
moat convenient park~nq spaces for the
existing ~e shall not be used for
Christmas tree sales.
(5) ~i~s shall only De pe~itted in accord
with Article 8 of this
(6) ~y strutters ere=t~ ~ereon, vehicle
pa=~e~ signs, trash, debris and the like
shall be removed mo later ~an January
(rr) Carpenter and cab~netmaker~ o~fices an4
(ss) contramtors' offices and disDlay rooms.
(tt) Electrical, pl~bing o~ beating supply sales,
service and related display rooms.
(au) Optical 0r photo laboratories only.
(w) Repair ~orvi~e~ excluding body, major engine
and transmission repair of motor vehicles.
(ww) Building material sales yards, not including
concrete mixing.
(xx) Contractor's shops and storags yards.
(yy) Freight forwarding, packing, and crating
servics~.
(zz) Wholesale trade of any products permitted to be
sold at retail in this District.
(aaa) Fabricating sheet metal products.
(bbb) Mac. bins shop.
(ccc) Warehouses.
Vote: Unanimous
Time: 7:48 p.m.
Ia BeL~muda ~s~isterlal District, OLD CENTR~IA CROBBI~
A~BO~T~TEB requested rezoning from General Business (B-3) to
co.unity Business (C-3). The density of such amendment will
be controlled by zoning cond]t~on~ or Ordinance ~tandard~.
The C~mprehensive Plan deslg~ates the property for natural
conservation and co~er~ial u~e~, ~i~ re~s= lies on 14,~
a~ras fronting approximately 8~ f~et on the ~a~t llne of
~t~r Road, acro~ from Old Lmn~. Tax Map 97-2
29, 30, 31 a~d 32 (Sheet 32),
~. Jacob~o~ presented a su~a~ of case 93S~0t10 and stated
~m Pla~ing Co~ission and staff reco~ended a~proval.
noted ~e request conformed to th% Che~te~ Villag~ Plan.
Mr. Brian Gla~s, representing applicant, stated the
reco~endatlon was acceptable. Ther~ was no opposition
On ~otion of ~. McHale. seconded by ~. Colbert, the Board
Vot~: Unanimous
T~e: 7~49
9~EM~2~ (Amended)
In ~idlcthlan ~aglsterial Distr~=%, CHARLES M. ~ LOUI~
~-%~H~I ~eq~e~ted rezoning from Agricultural (A) to
CoI~mu/qlty ~uslu~ss (C-3) of 16.77 acres; to Resldentlal
Tew*kheu~e (R-TB) of 4.94 acres; and to ~ighbo~hood Business
(C-2) of 4.79 aores. Residential use of up to 8.00 unlt~ per
~e density of ~e co~unity Business (C-3) and Neig~hood
Business (C-2) tracts will be controlled by zoning
or Or~inano~ ~tandar4~. The Comp~ensive Plan
92-870 10/28/9~
the property for a planne~ ~ransition area. This request
lies on a Z6.5 acres fronting approximately 1,80~ feet o~ the
south lin~ 0£ ~i~luthlan ~urnplke, approximately 270 feet east
of Farr~ham Drive. Tax ~ap 16-11 (1) Parcels 32, 33 and
(Sheet 7}.
In Midlethian F~gi6terial District, BON/%RCO
requested rezoning from Residential (R-15) wi~ Conditional
Use Planned Development to Co.unity Business (C-3) of 4.1~
acres; to ~eig~orhood ~usinmss (C-2) of 7.43 acre~;
Residential (R-~5) of 2.29 acres; and to R~sldentlal
8.00 unit~ D~r ac~e i~ pe~itted in a Rosidential
(R-TH) District and up to Z.9 units per acre is pe~itted in
Re~idontial (R-15) District. The density of ~e Co~uhi~
Business (C-3) and Neighborhood Business (C-2) tracts will
COntrolled by zoning conditions or Ordinance sta~dard~.
Comprehensive Plan desi~ate~ ~e property for a planned
transition area. Thi~ r~s% lie~ on 3~.4. acres fronting on
th~ nur~ an~ south lines of Farnham Drive~ app~oxi~ately 500
feet ~o~th of Nidlothian T~nplke. TaX ~p 16-15 (1) Part of
~arcel 5 '(Sheet 7). '~'
Mr. Peele pre~ented a ~u~a~ of Case~ 90SNOt59 and 91SN0231
and stated th~ Plannlng C~iss~on and ~taff
d~nial as ~e requests do ~ot conform to the ~idlo~ian
Co.unity Land Use an~ Transportation Plan. He reviewed
proffered oonditions and indicated staff had recently received
an additional proffered oondition relative ~o the
developers not applying for uny residential/townhouse rezoning
rg~$ts for a ten year
Oliver Rudy. Esquire, re~resen~ing charles H. and Louf~
Mar~etti, s~mitted into ~e record e~ibit~ r~gar~ing Doth
re.eats and ~tated =his re.est ha~ been in existence since
19s9 a~ the applicant had met with m~b~rs of the c~uBity.
residents of Ston~ange subdivision and Planning staff; that
t~e applicant was se~fng ¢olleotively for the
rezoning Sot l~2,o0o square feet of retail space; t~t the
upplicunt has b~n confront~ wi~ a situation which makes
Ot~= ~$es of ~e ~roperty unusable; ~at the re,est was an
ismue of land use although it did not ~onfo~ to
~idlo~hlan Villag~ Plan; that the use of the land directly
across from this request woUl~ ~O% allow th~ transitional uses
for ~e applicant*s property; ~at when the Comprehenslv~ Plan
g~i~e; ~ha~ he felt the Midlothiu~ Villu~e Plan should
from thi~ re~e~t; t~at the re~e~t was compatible in ~i~e
oompared to mimil~ requests; ~at %he ~en~ty was less
feet pe~ acre than other similar shopping cent~r~; that the
applicant had att~p~e~ %~ aside Zhe residents in ~e area of
~e county; ~a% ~e applicant had p~offered ~h udditional
la~e of payment on Route 60; that ~e ~roject w0~ld generate
aDDroxi~t~ly $2.5 million ~n revenue excluding Day, ell of
approximately ~00 enployee$~ ~hat he felt oonsidera~ion should
be ~ive~ to the economi~ factor~ due to ~e decl~n~ i~ the
~conomy; ~ut ~e to~O~$es would meet ~e s~are foota~
requiremen~ of ~he restrictive covenants for Stonehenge
~ubdivimion; thm~ they had submitted a ~roff~e~ condition to
realign Far,am Drive; that the applicant has uttempted to
resolve all of the i~sues and wa~ at a standstill; that th~
applicant was in ~e business of developing, const~c=ing and
operating ~hopplng canters and his cent~r~ wmre o~n=ly 1~
9~-871 10/28/92
requcst.' He then introduced Mr. Alan sill.
Mr. Siff stated he was a Senior Plann~z~ with a planning and
engineering firm and has resided in the County since 1961;
that he was asked by the applicant to review the land use
issues and a~ressed the exhibits regarding both requests. He
stated he felt the planned transition area has no relationship
to the Midlothien Area Plan; that the plan was drawn before
Walmart and Sams w~re approved; that he felt the applicant's
prop0~al wac logical and responsible as the proffered density
for both color,iai and residential uses were iu line with the
~idlothian Turnpike; and that the construction on the
appIioant'e property would be landscaped to protect the
proposal and the potential cut through traffic on Farnham
Drive-
Mr. Warren excused himself from the meeting. . .,
plan contained in the application and the o0mmeroiaI density
originally provld~d north of the applicaut'~ proposal.
Mir. siff continued to review the density cf residential uses
that were in the ori~inal proposed application; daily traffic
generated north and ~outh of th~ ~i%e as originally pr0po~ed
versus what is currently proposed; the peak generated
projection of traffic; the twenty year projection cS the
scale cf development exlstin~ and proposed along Midlethian
He then reviewed the Planning Department's recommendation and
stated he felt the primary reason for the Planning Commission
and staff's recommendation wam base4 on the recfuemte net
conforming to the Midlothian Village Plan.
~r. mill 3ohn~ stated he was an Engineer with J, K, Timmens
and Associates and has been planning in the County since 1960;
that he ha~ been involved with the two pieces of property
o~tend towards th~ Village of Midlothian; that the current
the Zidlothian Village ~lan; and he felt the Board should give
he was not involved in the orlginal zoning of Stonehenge
subdivision but was involved in the zoning of some of the
surrounding area.
There wa~ bri~ ~isc~$$i~n r~lative to the original zoning in
lots in Stonehenge Subdivision.
~dr. Ruby ~tated the applicant was a ~roperty owner who has
perfoz'med in good faith and he felt the applicant Was entitled
to the high, mt and best use cf his property.
~dward Willey, Jr., Esquire, representing Bonar¢o Associates,
stated the applicant wam requesting twelve acres be zoned
commercial C-2 and C-~; that the townhouses would be screened
and buffeted; and that he felt the two developments should be
eente~ to the Steinm~t ShoDping Center and reviewed access to
Farnham Drive. He stated the developer has attempted to
has reviewed the entrance to Midtcthian Village; that the
locating across the ~treet; that there was' Opposition
regarding the number of shopping centers in the area; that the
b~ilder was an experienced builder and he fult the shopping
center would remain occupied; and that the. applicant h&e been
throuph many months of discu~aion and was at a standstill. He
otated two major ieouee were phasing and transition and
reviewed each; that the number of square feet propomed WaS
aubstantlally less than most of the shopping oenter~ located
on Midlothlan Turnpike; that Walmart and Sams War,house were
developed after the Midlothlan Plan was adopted; and that he
felt most of the traf£ie would be in the rsadway network and
would not cause any ~ign~flcant increase in the area.
It wa~ generally agreed to ~ecess for five minutes.
Reconvenfng:
conditions being submitted on the day the re~u~et wa~ b6ing
considered by the Board; that he felt the proposal would be an
should be deferred for thirty days to allow consideration of
to tho legality of the proffered condition being aubm~tted at
amd we~ e~pleyed by J. K. Tigons and Associates; that he did
not represent the applicants and was not involved in these
particular requests; that he has been involved in land use
plannin~ for approximately =w~nty-two years; that he was in
favor of the p~opcsals as he felt this ty~e ~f transition
would be baneflcial to the area; and that he also felt the
feeling and approach of the land use in t/ais area.
Mr. Jim Hartiman state~ he was & resident e£ Stonehenge
Subdivision and expressed concerns regarding the current and
potential traS~ic problem on Furnham Drive and the tranaition
of twonhou~e~ ver~u~ a ~ingte-family residential neighborhood
Subdivision and ~re~id~nt Of the Stono3henge Civic
that the Aseoclatlon works toward the safety and welfare of
the community and they felt ~he ~eard should consider the
concerns re,fading the proffered condition submitted and
stated the residents were opposed to the commercial
development; =hat they were concerned a~ to the proposed
~quare footage of the development; that stonehenge was against
commercial development at this location and had attempted
address their concerns with the applicant as it related to the
buffers and =ra££ie On ~arnham Drive; that although
proposed majority of tewnhouses wonld be comparable to the
Stonehenge development, he felt the opposition was due to
density and traffic and expressed his concerns' regarding
traffic. ~e no,ed u questionnaire was sent to the residents
from the applicants and the survey had indicated SO percent of
92-873 10/28/92
Mr. Chuck HaleF stated he was a resident of ~tonehenge
Ou3~iviuion and a member of the ¢ivis Association; that he has
been a real e~tste b~oker and dsveloper in ~he Ric/~mond are~
for approxlmately twenty-five years; that he was opposed to
the requests ahd expressed coaeerns relative to the lack of
adequate roads to serve the shopping een~er, the entrance to
Farnham Drive, the traffic which would be generated, the
creation of additional drainaqs, and the lack of the
developers downs~zlng their project in keeping with the
Midlothian Plan. He further stated the square footage of Sams
Warehouse and Walmart was 2~0,000 an4 not 3~0,000 as compared
to the ~ere footage of ~e propo~ed requests. He e~ressed
declines in Droperty values and traffic concerns being
ad, eased before future zoning i$ considered; and requested
r~ests.
~. Frederick Warner stated he has resided in Stonehenge
S~ivimion for approximately two yearm and e~rmsmed concerns
impact ~uoh traffic ha~ on littering in the area and indicated
and the Midlothian Plan should be enforced.
subdivision for ~even years and mupported ~e proposed
re,eats; ~at the developers have worked with the
neig~or~ood; t~at t~e p~oDo~al include~ ex,endive traffic
control and architectural de~i~ comparable to the co--unity
and would enhance the value of ~e neighborho~ and he felt
~e p]~ was the b~mt u~e for th~ ~it~.
~r. Dwigh~ Payn~ sta~e~ he r~sid~d in S~oneh~nge S~ivi~i0n
int~sec=icn of Farnham and Ed~erry. He f~ther stared he
location of power lines in ~e area and the Route 60 drainage
distich; access to the Subdivision~ the ~ensity of the
proposed property as compared to ~e denEity at Sycamore
and o~er possible u~es for ~e property.
~. Colbert stated he felt ~e p~0pe~ty should be used for
co~erclal usam due to th~ location of Walmar% add ~a~n
partially alleviated by the additional lane u~ pav~=nt un
Ront~ 60.
th~ ~lanning Co~i~sion to provld~ ~ applicants an
increase in traffic on Far,am Drive which would be generated
of ~e Pla~ing Co~ission and staff. He xtated he did not
f~l proffered oondition~ should be allowed t0 be submitted
after zoning re,eats have been advmrti~ed and indicated he
was also concerned as to the xu~e~ts not =onformlng wi~ the
Midlothian Area Co--unity Land Use Plan.
proffered conditions and the discretion
the mubmi~ion of
of the Board when
safety and welfare
10/28/92
~ir. Daniel expressed ooncerna regardinq the ZOning for Sa~s
Warehouse and Walmar~ and ~tated he was eeneerne~ as tn
traffic iasues, the usaa of the ~roperty, and the requests net
conforming to Midlothian Area Community Land Use Plan and,
therefore, he could not euppo~t the
On notion of Mr. Barber, seconded by Mr. Warren, the
Ayes: F~. Daniel, Mr. Warren, Mr. Barber and Mr.
Nays: 5ir. Colbert.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
Ayes= Mr. Daniel, Mr, War~en, Mr. Barber and Mr.
Nays: Mr. Colbert.
16. ADJOUR2~MEDF~
On notion of Mr. ~c~a/~, ~econded by Mr. Colbert, the Board
Vote: Unanimous
92-875 10/28/92