11-23-93 Minutes ~BU~BB
~ov~]~er 23~, 1993
Mr. Harry G. Daniel
Mr. J. L. McHale, III
Mr. Lane B. Ramsey
County Administrator
staff in Attendance~
Mr. Craig Bryant, Dir.,
Utilities
~. Barbara ~ennett, Dir.,
MS. Terri Burgess, Interim
Di~., News & Public
Information Serv±cee
Asst. to County Admin,
Mr. William A. Diggs,
Mr. William D. Dupler,
Building Offioial
Deputy Co. Admin.,
County ombudsman
Mental Haal~h/Mantal
Retard./$ubstanc~ Abuse
Ms. Mary Leu Lyle,
DsDuty CO. Admln.,
Dir., Transportation
Mr. Richard M. Eo~lfish,
Dir.~ ~nv. Engineering
Mr. eteven L. Kioas,
csunty Attorney
~, Theresa ~. Pitts,
Ws. Jean smith, Dir.,
Social Services
Mr. James J. L. etegmaier,
Dir., Budget & Management
F~. K. D. S~ith, Jr.,
Deputy Co. Admin.,
community Development
Warren called the regula~ly scheduled meeting to order at
3:~ p.m.
On motion of Mr. Colbert, aessnded by Mr. McHale, the Board
approved the mlnutes of Keve~ber 1o~ 1993~ as amended.
Vote: Unanimous
93-781 ~1/23/93
....... Ii ,I ............ L ..... J L ............. I,
2. COUNTY ADMINIBTRATOR'S
~r. Ramsay introduced ~rs. Lucille Mosaley, DireCtOr of the
Chesterfield County Museum.
Krs. Moseley introduced members of the ~iatorical Society
present at the meeting who assisted in developing a book
published by the Kistorical Society and stated the book is
entitled! A Time t~emember: A Pictorial ~istor¥ of
Chesterfleld.....CD.~v. 1860-196~. She presented each Board
member with a copy of the book.
~r. Stith stated ]Jr. John McCraoken, Transpor%atioA Director,
recently was awarded the Crozet Medal at the opening session of
the 43rd Annual Tran~pertatlon Conference at virginia Nili~ary
Institute. Be further stated the Medal r~cognize~ a Virginia
state or local government engineer who has exhibited
outstanding leadership in technical and nontechnical fields as
well a~ public service in the Commonwealth.
Mr. Mecrac~en expressed appreciation for the recognition and
Board support o~ the Transportation Department's initiatives.
Mr. Stiththen stated M=. william Q. Dupler, Building 0ffi~ial,
recently was elected President of the Virginia Building Code
Officials A=sociatlcn (VBCOA} and stated~lr. Dupler has be~n an
a=tlve member of the Association for nine years serving in
various offices a~d cc~mlttee chairman ~ositiens.
M~. Dupler expressed appreciation for the recognition and
stated the goal of the Association is to form a regional
approach to the enforcement of the Virginia Uniform
Buil~in9 Code.
~Ir. Ramsay then introduced K~- 3~an S~ith, Director of Social
Service~, and Hrs. Suzanna Flemlng, Chief cf Social work
K~. Smith stated F~a. Fleming recently was awarded the Anthony
B. Shaw Award from the G~e~nor~ Advisory Board on Child Ab~me
and Neglect. She fu~q;hem stated this is the first year for
this Award and it wa~ e~tabli~hed to recognize a p~blic ~ocial
service professional whose ~ontributions to child abuse
Mrs. Fleming ~tated it has been a privilege to represent
Co~ty on chil~ abuse prevention issues and she is honored to
receive the Award.
/(r. Ramsay noted the Youth Award~ wlnnsrs will be introdUCed to
~he Boa~d at the 7:00 p.n. session of the meeting u~%der Item
l~., Re~olut~on~ and Special Recognitions.
Weolridge Elementary $~bool and was inspired by the
participation of the school children.
Mr. Mc~ale stated hi~ next con~tltuents meeting will be held
November 29, 199~ at John Tyler Cc~m~nity College with the
Mr. Barber stated ~is next constituents meeting will he held
December 6, 1999 at Bun Air Presbyterian Church with Delegates
~opi¢ of ~iscussien being the legislative agenda,
~. Daniel stated he attended a meetinu with the Broad Rock
~uri~an ~lub on November ~, 199~ with the topic of discussion
being the County's accomplishments over the past year and
~ir. Warren stated he and the Director of Transportation made a
presentation at t//e Brandon Nomeowners Association r~garding
road project~ and traffic i~su~s in the Brandon Subdivision
area and his ne~ constituents meeting will be h~ld DecaYer 6,
1993 at ~nchester Middle School w~th the topic of d~ou~ion
being the Route 360 Corridor Study.
4. RBOUBSTS TO ~OETPONE ACTION, E/~EROKNCY ADDITIONS.
OHI%N~E~ IN THE OD.D~ O~
On motion of lit. ~cHale, seconded by ~. ~arber, the Board
added Ite~ 7.D.8., State Read Acceptance to follow
Acceptance o~ a Parcel o~ Land Along Midlothia~ Turnpike from
Terry L. ~nd ~arlene D. Earnest; added Item 7.E., Streetlight
Installation CoEt Approval= to follow Item 7.D.~; replaced
uttac~=nt~ for I%~ 7.B., Adoption of the 1994
L~gi=lative Program~ raplace~ r~solution~ ~or Items 7.D.6.a.,
b., and c., Adoption of Resolutions of ~ando~ent for
Li~tlecreek Lane~ Old Hun~re~ Road~ and Old Hundred Road and
Oakland Avenue; replaced Itel0., an Execut~v~ Re~io~ with
new Executive Session Pursuant to Section 2.1-344(A) (7), Code
of V~rgln~a, 19~0, a~ ~n~ed, for Consultation with Legal
Counsel to Discuss SDeclf~c Legal ~atte~s Related to (~)
R~n~wal of th~ County's cable Franchise Renewal, {2] the
Location of the Bo~Rda~y Line B~tween Chesterfield and
Powhatan, and (S) the Melody School of Dance ~unin~ Appeal;
moved Item 6.~ under Deferred It~s~ Authorlza%ion for Transfer
I Development and Sub~mquent Award of Design Contract for
Duv=lo~m~nt of ~h~ Warbro Road Athletic complex to roll, Item
15.B., Public Hearing to Consider an ~endment to the
Budget to A~Droprlate $2,800,000 in Revenues and Expen~iture~
for the Reserve for ~t~e Cap~tal Proj~ct~; and ad~ed Item
7.D.9,, Authorization for County A~inlstrator to Execute a
Health Care Contract for the County's 1994 ~l~k C~re Plan
wi~ Pru4ential Health Care Sym=~= (Procare) to follow It~
Vote: Unanimous
5. WORK
~r, Ste~mai~r ~re~ented an overview of the Quarterly
Per£sr~anoe Report including major accompliahments/trende
including the local economy improving during the first quarter
of FYi4; a 40 percent increase in the nu~fOer of new oar
registrations; a moderate increase in single-family building
There wam brief discussion relative to the percentag~
retail sales as compared to murround~ng jurisdictions.
~. Ste~a~er continued to review~jor accomplishments/trends
in=ludlng ~e to~ml amoun= of economic development business
inv~stmant~ totalling $4.45 million during =his first quarter;
~ime ~evention Award; the Virginia State Police awarding a
Department for the Department initiated ~,E.A.T. (Help
Eliminate Auto Theft) Pr~ram; development by the County's Fire
9~-783 11/~3/93
Department of a Multi-family Dwelling Family Safety Inspection
Pilot Program; the videotaping by Fire and~mergency Televimio~
network response to the August 6, 1993 tornado; initiation of
the Total Quality Improvement Program; completion of a new
leaf/refuse collection system by Information 2y~tem~ Technology
and the General services Department; netif£catlon of the County
by city & State Magazine of the County being ranked ~6 in the
"25 U~ and Coming Counties" article; amd the county receiving
the virginia GoverDJ~eRt Finance Officers Association Award for
budgetary excellence for its innovative Budgetary Empowerment
Program. He then reviewed County-wldm initiatives including
hosting approximately 12,000 p~cple at the l~thAnnual Rainbow
of Arts Festival held at Ro~kwood Park; various co~m~unity
events involving the Countyts Library System including
yo~th~ Who ent~ed and a~hieved their goals for their age level
~n the summer reading program and approximately 2,000 people
who attended two CO~m~ity evente funded by Cleverleaf
the County's Animal shelter co-sponsoring the Fall Rabies
Clinic with the B~alth Department; and the closure of the
Northern Area Landfill an~ conversion of =he ~andfill to a
Public Convenience Center. He then reviewed the nttmber cf Fire
injuries have decreased.
There was brief discussion relative to the amount of savings
injuries and F~. McHale requested staff to document this
information.
F~T. Stag~aier t/ten reviewed the number of police calls and
assignments; the increase in the average jail population; the
average number of food st~mp cases; increases in the County'~
library circulation; and the number of single-family building
~ermlts.
Discussion, comments, and question~ ensued relative to the
remidential tax base as it relates to building permits and
methods available to address obtaining a 70/3Q residential/
Mr. Stegmaier then reviewed the completion of new residential
conmtruction and the number of non-~esidential building
permits.
After brief disc~sslon, F~r. Warren made a motion, seconded by
Mr. KeHale~ for =he Board to suspend its rule~ at this time,
aRende~ the agenda, an4 ~ov~d It~n~ 7.k., Adoption of the 1994
Leqislative Program and set Date for Public ~earing to Consider
charter Amendments and Item 7.B., A~eption of the 1994 Regional
County Administrater to ~xeoute a Health Care Contract for the
~ystems (Pruoare).
7.C. ~PP~I~4TME~TS
7.C.1. INDUSTRIAL D~¥ELOP~ENT ~UTHORITY
On ~etion of WJ~. Celbel~t, seconded Dy ~. Warren~ the Board
~u~pended it~ rule~ at ~is tame to allow ~imultan~ou~
nomination/appointment of a m~e~ to ~e~ve on the Indus~al
Development Authority.
Vote: Unanlmuu=
93-784 11/23/93
Ii
On motion of ~r. Colbert, seconded by Mr. Warren, the Board
~imultaneously nominat~d/a~pointed Mr. Kenry Moore to serve on
the Industrial Development Au=harlty, rspreseDti~g Matoaea
District, whose term is effective immedlately and will expire
J~h~e 30, 1995.
7,0,2, P~RES AND REOREATION ~DVI~ORY OOMMX~ION
On motion of Er. Colbert, s=cunded by Mr. ~arber, the Boerd
suspended its ~ules at thi~ time to allow simultaneous
nomination/appointment of members to ~erve on the Parks and
Recreatio~ Advisory Commission.
Vote: Unanimous
On motion of Er. Colbert, seoonded by Mr. Barber, the Board
simultaneously nominated/appointed F~. Ste~e Dowdy amd Mr.
~enny Crew to serve on the Parks and Recreation Advisory
effective January 1, 1994 and expire December 3~, ~99~.
Vote: Unanimous
7.O,3. CENTRAL VIRGINI~ ~FASTE /~%NAGEMENT AUTHORTTY BOi~RD O;
On ~otio~ of Er. Barber, seconded by Mr. Warren, the Board
~usDended its r~le~ at this time to allow simultaneous
nomina%ion/appoin~ment/reaDDointment of m~er~ to serve on the
Central Virginia Waste Management Authority Board of Director~.
Vote: UnanimoUs
On notion of ~. Warren, s~co~ded by ~r.
~imul~aneously nominated/appointed/reappointed Mr. Robert L.
Dunn, ~$. Marcia R. Phillips, and Dr. Edward Dully,
representing the Catty at-large, and Mr. Bradford S. ~,
~. Ra~ond F. Mc~o~an~ and~. ~oward ~elt~a~,
to serve on the Central Virginia Waste Management
1994 and ~xpire December 31, 1995.
Vote:
?.~.4. QHE~TER~IBLD/~OLONI~L H~IG~TS C0HHU~I~Y CORRECTIONS
O~ ~otion of ~r. Colbert, seconded by Mr. Barber, the Board
nomination/appointment of members to serv~ on ~e
ChasSerfleld/Colonlal Hei~ht~ Co~unlty Correct~on~ R~o~rce~
Vote; Unanimous
After brief discussion, on motion of ~. Colbert, seconded by
~. Daniel, the Board ~imultaneously nominated/appointed ~.
Uaoq~olyn W, Billip$, to s~rv~ on th~ che~kerfield/colonial
Height~ Co~unity Correctionm Resources Board, representing~e
County at-large, whose term will be effective January 1, 1994
mhd e~ire December 31t 1995.
93-785 11/23/93
And, further, the Board deferred censideration Of nominatien~
for one additional member and an alternate to serve on the
chesterfield/colonial H~ight~ C0~ity Corrections Resources
Board until December 15, 199~.
7.C.5.. ~Q~NITY 8ERVIOE8 ~OARD
On motion of Mr. Colbe~t~ ~eeon~ed by Mr. Werren, r~e Boar~
suspends~ its rules ut this ti~$ to allow ~imultaneous
nomlnatiom/appointment/reappeintment of members to serve on the
Com~unlty Services Board.
Vote: Unani~eu=
Om motlen of ~r. Warren, seconded by Mr. colbert, the Beard
simultaneously ~o~inated/appointed/reappointed Mr. Larry J.
Elliett, representing CloVer Hill Dietriot, and ~e. J~dy
Warren, representing F~eaca Di~trict~ to serve o~ the
Cemmunity Services Beard, whese terms will be effec=ive January
1, 1994 and ex, ire D~c~mb~r 31, ~996.
And, further, the Board ~f~rr~d consideration of two
additionml me,ers to ~e~e on th~ Co~uni~ S~rvi=es Beard,
one ~ach representing Be~uda and Hi,lothian Distrlct~, until
Deoe~be~ 15~ 1993.
Vets: Unanimous
N~KB
Mr. D~un Hawkins
Mr. ~ury Pant=leo
Hr. c~arles Bowman
Mr. John Coates
And, further, the
nomination/appeintm~nt/reappslntment ef members to serve on the
Di~ab~l~tle~ Zervlce~ Board.
simultaneously nominated~appointed~reappointed the folloeln~
lz-31-9~
representing Midlothlan District, as an at-large m~i~ber.
Vote: Unanimous
7.C.7. MAYMONT FOUnDaTION
It wa~ generally agreed to defer consideration of a member to
It was generally agreed to defer consideration of a ~mber to
serve on the Personnel Appeals Board until December 15, 1993.
11~23/93
Mr. Daniel requested staff to contact najor industries for
7.C.9. SOLID WASTE ADVISORY BOARD
On motion of Hr. MeHale, seconded by Mr. Colbert, the ~ear~
suspended its rules at thi~ time to allow ~imultaneou$
nomlna%ion/reappoin~ment cf members to serve on the solid Waste
Advisory Board.
Vote: Unanimous
On motion of Mr. Colbert, seconded by Mr. Daniel, the Board
simultaneously nominated/reappointed the following members to
serve on the Solid Waste Adviso~/ Board, representing the
County et-large, whose ter~s will be effective January 1, 1994
and exl~ire December 31, ~994:
]~r. Carles Hayes
Kr. Horace L,
Mr. Willlem Parri~h
~r. Ralph Rowlette
Mr. Mi~uel Murphy
~r. Jack
The Honorable ~aley N. colbert
DT~TRTCT
~ermuda
Matoaca
Mi~lc~hian
Citizen at-large
Board representative
And~ further, the Board deferred consideration of two me,bars
representing Clover Hill District; two m~mber~ representing
Dale Dietrlct; end one member representing Midlothian Dietrlct
to the Solid Waste Advisory Board, until Decembe~ 15, 1~93.
CONSENT ITEMS
On motion of Mr. Daniel, seconded by Mr. ~cHale, the Board
S~hool Grant~ in FY94 and made appropriation adjust~ent~ a~
follows:
Grant Fundina
Preschool Handicapped Fe~al 53,299
Carl ~erkins Federal
Carl Perkins Local Reimb. 7~450
Chapter I Federal 9,~36
Headstart Federal 57,788
JTPA/CATC Federal (49,000)
JTPA/CATC $$ Federal 24,055
School/Community Health Federal (138,937)
Contemporary Is~u~ State
Grant Administration Local Reimb.
Chapter II Federal 19
Dropout Preventio~ State ( 37)
TOTALS
Vot~: t~nanimou~
Instruction
Admin/A~H
18,329)
138,928
9,~72)
111,317
93-787
?.D.2. APPROVAL 0~RANBFER OF FDHD8 FOR ~PPORT_O~
ETTRICK-~ATOAC~ RESDUE 8OUAD MUSICAL F~ND-
0~ ~o=ion o~ ~. Daniel, seca=dad by Mr. ~cHule, th~ 5u~r~
0~partment to support the Ettrick-Matoaca ~e~cu~ S~d mu~iOal
fund-raising ~ven% ~o pay for nchool rental mn~ cu~todlal fees
for u~ of ~atoaca ~igh ~chool. {It i~ noted th~ funds rai~ed
will ~uppor~ the Ettrick-Ma~oaca Rescue $quad.)
Vote: Unanimous
7.D-5. ~UTKO~IZATION FOR CO~v~T~ ~Dm~N~gTR~TOR TO ~NTER.IN~.~
COS~ACT WITU ~N~S ~ON~TRUCTION COR~ORATIO~ FOR
0~ ~otion o~ Mr. Daniel, ~e=onded by ~. EcHale,
awarded a contract to ~nes Cons~uc=ion co~oration, in
~o~t Of $117,900, and appropriated said f~ds for
recon~tTuct~on of the Woodlake Complex
building. (It i~ noted, ~ue to the building being burned,
insuranoe f~nd~ w~ll cover the uu~t of construction.)
Ve~e: U~a~i~ou~
7.D.4. S~T D~T~ FOR PUBLIC
LEASE~P~CF~%~.~_TOT~LIN~ S15,560 o000 A~D TO
AU~HO~I$~ THE ~OD~Y AD~INI~TK~TOR ~0 ~X~d~ ~
to consider appropriation of advance ~f~dinq of
lea~e/Durcha~e~ totaling $15,ss0,000 and to au~or~zm th~
a~ig~e~ agreement.
AND REE~CTIN~ GE~TION 1G-~$ R~LaTING ~O
fha date of December 15, 1993 at 7:00 ~.m, for a p~blio hearing
%c consider an ordin~nc~ to am~d th~ Code of the County of
chesterfield, ~97~, as amended, by amending and reenacting
Section 10-25 ~elating to permissible araa~ and time~ for the
eden ~urning o~ leaves.
7.D.4.s. TO CONSIDER /tN ORDIN~NCB TO ~N~ND THE CODE 0F
~OU~T¥ OF ~ESTB~FiBLD, 1978o AS AHENDBD.
On motion of ~. Dani~l~ seconded by ~. McHale~ ~ Roard
~e dat~ of January 12, 1~4 ~t 7:0~ 9.~. for a public hearing
to conside= an ordinance to amend the Code of the County of
Chesterfield, 1978, as amends~, ~ ~ending and reenacting
Sections 12-~3, 12-~4, and 12-1~7 relating to business license
taxation.
Vote: Unanimou~
On motion of Mr. D~iel, ~e¢oD~e~ by Mr. ~c~ale, the Board
approved the following blngn/raffl~ permit~ for calendar year
1994:
ManoRester Athletic Association
Richmond James River Lions C~ub
Kiwanis Club e£ Chester
~id-citles Assoeia~ien, Incorporated
Manchester-Richmond Lodge ~699
Loyal Order of Koose
Type
Bingo/Raffle
Bingo
RaS£1e
Binge/Raffle
Bingo/Raffle
?.D,6- A~OPPION O~ RESOLUTTON8 ~OR /~B~NDONM~NT
?.D.d.a. LITTLECRBEK LANE
on motion of Hr. Daniel, seconded by Mr. McHale, the Board
adopted the £0110wing resolution:
WHiR=AS, the Virginia Dspartment sf Transportation has
made changem in the secondary system of state highways in
conjunction with Project 0637-Q20-237,C501, and, as a result,
im requesting the Board of Supervisors to abandon a portion of
rea~ no longer serving a public need and ts approve the
addition of a new portion of road approved by the Commonwealth
Transpsrtation co~isslonsr.
NOW, TMEREFORE BE IT RESOLVED, that th~ Board of
~upervlmors does hereby abandon am a part of the mecondary
system of state highways a portion of Littlecreek Lane (Route
~470) am mhown on a mketch dated F~bruary ~, 199S, prepared by
the virginia Department of Transportation~ which sketch is
incorporated herein by reference, pursuant to Section $3.1-1§~,
Code of Virginia, a~ amended.
AND, BE IT FURTHER RESOLED, the Board of Supervisors doss
hereby approve the addition of a portion of Littlecreek Lane
(Route 2470] to the secondary ~ystem e£ state highways
identified on the above referenced ~ketch, pursuant to s~ct~on
33.1-~29, Cod= of virginiu, as amended.
AN~, B~ IT FURT~RR~SOLUED~ that a certified copy of this
resolution b~ forwarded to the Resident Engineer for the
Virginia Department of Transportation.
9~-789 11/23/93
A~D, BE IT FURTHER RESOLVED, that th~ Board of Supervisor~
does hereby request that the Commonwealth Transportation
Co~i~ioner certify, in writing, that the portion Of
Littlec~eek Lane (Route 247~) hereby abandoned is no longer
highways pursuant to S~ction 33~1-154 of the Code of virginia.
Vote: Unanimous
(Tt is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
7.D.6.b. OLD B~DR~n
On motion of Mr. Daniel, s~¢o~ed by Mr. McHale~ the Board
adopted the following re~elntlen:
WHERF~A$, the Virginia Department of Trsnsportation has
ma~s changes in tbs secondary ~ys~em of state highways in
eon~notio~ with Project 0652-OZS-P44,CSO2, and~ a~ a result,
is requesting the Board of supervisors to abandon a portion of
road no longer serving a public need and to approve
addition sf a new portion of road approved by the Co~monwealth
Tra~portatlon Commissioner.
NOW, THER~0R~ BR IT RESOLVED, that the Board of
Supervisors doe~ hereby abandon as a part of the secoudary
system of state highways a portion of Old Eundred Road (Route
65~) a~ ~hcwn on a sketch dated December 9, 1991, prepared ~y
the Virginia Department of Transportation, which sketch is
incorporated herein by reference, pursuant to section
Cod~ of Virginia, as amended.
hereby approve the addition of a portion Of old Hundre~ Road
(Route 65l) to the secondary ~y~to~ of ~tate highways
identified on the above referenced mket~h, pursuant tn section
33.1-229, Code of Virginia, as amende~.
~ND, BE IT F~THER RESOLED, the Board of Supervisors does
hereby concur with t~e dimoontinuance of m portion of Old
Hundred Road (State Route 652), am a Dar= of th~ secondary
m~stem of state highways, identified o~ th~ abov~
sketch, pursuant to Sac~ion 33.1-150, Code Of Virginia.
~D, ~ IT F~TH~ ~SOLVED, ~at a certified copy of
r~s~l~tto~ b~ ~¢rward~d to the Resident Engineer fc~ the
V~rg~nla Department of
~D, BE IT F~ER~MOLV~D, ~a~e Bcar~ of Supervisors
domm hereby requemt ~at ~e Co~onwealth Transportation
co~issioner certify, in ~itin~, ~hat t~6 Debt,on of O1~
~n~d Road ( Route 6~) hereby abandoned i~ nc longer deemed
neoemsary for u~em of the mecondary system of state highwaym
~ote: UnanimoUm
(Tt is noted a copy of ~e vicinity sketch is filed with the
papers of this Board.)
T.D.6.~. OLD ~DRED ReAD,ND O~KL~ND ~FEN~E
0n motion of ~r. Daniel, s~oend~ by Mr. McHale, the Board
adopted ths following resolution:
W~EREAS, the Virginia Department of Transportation has
ma~e chango~ in th~ secondary ~ystem of state highway~ in
conjunction with Project 0010-02~-llB,CSBi,B616, and, as a
result, i~ requesting the Board of Supervisors to abandon
portions of roads ns longer serving a public need to approve
the addition of a new road approved by the Commonwealth
Transportation Commissioner.
~OW, THEREFORE BE IT RESOLVED, that the Board of
Supervisors does hereby abandon as a part of the secondary
system of state highways a portion of Old Hundred Road (Route
15~5) and a portion of Oakland Avenue (Route 1517) as shown on
a sketch dated January 15, 1991 prepared by the Virginia
D~part~ent of Tran~pe~tati0n, which ~k~tch i~ i~cor~orated
h~reln by reference, pursuant to Section 53.1-155, Code of
Virginia, ss amended.
AND, BE IT FURTB~RPd~SOLVED, the Doard of Supervisors does
hereby apprev~ ~he addition o£ a portion of C~estertown Road to
the secondary ~ystem of state highways identified on the above
referenced sketch, pursuant to Section 33.1-229, Coda of
Virginia, as amended.
A/~D, BE IT~TH~R R~SOLVED, that a certified copy of this
~olu=ion be ~orwar~e~ to the Resident ~ngineer for =he
Virginia Dependent of Transportation.
~D~ BE IT F~THER RESOLVED, that the Beard of Supervisors
do~s hereby request that the Co~onwealth Tr~n~por=ation
CO~i~nioner c~rt~fy, in wrlt~ng~ that th~ port,on of Old
~und~ed Road (Route 1505) and ~e portion of Oakland Awenue
for use~ of the secondary syst~ of state highways pursuant to
(It is no=ed a ooDy of the vicinity sketch is file4 with ~e
paper~ of this Board.)
On motion of Mr. Daniel, seconded by Mr, ~cHale, the ~oard
aooepted, on behalf of the County, the conveyance of a parcel
of land containing 0.002 acres of land along ~idlothian
Turnpike from Terry L. and Msrlene D. Enrnest and authorized
t~he County Administrator to ex~cut~ the necessary deed. (It ~
noted a copy of the plat is filed with the papers of this
~oard.)
Vote: Unanimous
7.D,B. BTATE ROAD ~CCEPTANCE
This day tt~ county Environmental Engineer, in accordance with
directions from th~s Bear~, sade report in writing upon hi~
examination of Bermuda Orchard Lane, Rothschild Drive,
Hollingsford Dr~ve, Wellshire Place, ~rtlneau Drive and
Copperton Circle in New Rochelle, Bermuda Di~trlct.
U~on consideration whereof, and on motion of Mr. Daniel,
seconded by MT. McRale~ it i~ ~e~olvsd that Bmrnuds Orchard
Lane, Rothschild Drive, ~olllngsford Drive, Wallahlre Place,
Martineau Drive and oopperton circle in New Rochelle, Bermuda
District, be ~nd they hereby ar~ e~tabl~h~d a~ publi~ road~.
And be it further r~solved, that the virginia Department of
Transportation~ be and it hereby is requested to take into the
Secondary System, Bsrmuda Orchard Lane extends .15 miles from
93-791 tl/~3/93
~he end CS Route 828 to the intereection 0£ ~ar~ineau Drive.
Rothschild Drive extends .19 milem from the intersection of
B~rmuda Orchard Lane to the cul-de-sac. Hellingsford Drive
extends .07 miles from the intersection of Rothschild Driv~ to
the inter~ection of Wellshire Place. Wellshire Place extends
.19 miles from the west cul-de-sac to the eaet cul-de-sac.
Martinea~ Drive extends .25 miles from the intereecticn cf
Bermuda orchard Lane to the cul-de-sac. Copperton Circle
extends .~4 miles f~O~ the intarzection of Martineau Drive to
the cul-de-sac.
This repuest ~s inclusive of the adjacent slope, sigh~
distance, clear zen9 a~d designated Virginia Department of
Transportation drainage eaeemente.
These roads serve ~8 lots.
A~d be it further resolved, that the Board of Supervisors
guarantees to the Virginia D~partm~nt of Transportation an
cuts, fills and drainag~ for the~e ro~d~ ~xc~pt Bermuda Orchard
Lane which has a 90' right-cf-way.
Plat Book 65, Pagea 79, 80, & 8t, ~arch ~9~ 1989.
Vote: Unanimous
Thle day the County Environmental Engineer, in aaeordanee with
directions from this Board, made report in writing ~pon
eRa~inaticn of Walthall Creek Drive in Walthall Creek,
7, Bermuda District.
Upon consideration whereof, and c~ motion of Mr. Daniel,
eeconded by Mr. MoHale, it is reeolved that Walfhall Creek
Drive in walthall Creek, ~ection 7, Bermuda District, be and it
hereby is established as a public road.
And be it further resolved, that the Virginia Department of
Transportation, be and it hereby is requested to take into
Secondary System, Welthall Creek Drive e×tends .30 miles from
the intersection of Route 52O to the end oS ~o~=e
This r6queet i~ inclusive of =he adjacent slupe, eight
distance, clear zone and designated Virginia Department of
Transportation drainage easements.
This road serves 10 lots.
A~d be it further resolved, that the Beard Of Supervisors
guarantees to the Virginia Department of Transportation an
unrestricted variable width right-cf-way of 50' tc 9~' with
necessary easements for cu~s, fills and drainage for this road.
This section of Waltha11 Creek is recorded me follows:
~ection 7. ~lat Book 62, Pages · & 2, June 21, 1988.
Vote: Unmnlmou~
Thie day the County Environmental Engineer, in accordance with
directions from thie ~oard, made report in %rriting upon his
examination of Hidden Creek Ceu~t in Walthall Creek, section 8,
Bermuda District.
Upon ccnmlderat~on whereof, and on motion of Mr. Daniel,
seconded byMr. McHale, it is resolved that Hidden Creek court
in Walthall Cr~k, Section 8, Bermuda District, be and it
hereby is established as a public road.
And he it further resolved, that the Virginia Department of
Transportation, bu and it hereby is requested to take into the
Secondary System, ~idden 0reek Ceu~t extends .13 miles from the
intersection of Walthall Cr~k Drive to the cul-de-sac.
distance, clear zone and designated Virginia Department of
Transpo~tatio~ drainage easements.
Thi~ road mervem 8
And be it further resolved, that the Board of Supervisors
guarantees to the Virginia Department of Transportation an
~restrieted right-of-way of 50' with n~aesmary sasements ~or
cut~, fillg and d~ainage for this
Thi~ ~ection of Walthall C~eek is ~eoord~d am follows:
~eotion 8. Plat Book ??, Page 86, March 5, 1992.
Vote: Unanimous
Thim ~ay~he CounBy Znvironmsntal Engineer, in accordance wi~h
directions from this Board~ made report ~n writing upon him
examination of Clear Springs Court in Walthsll C~eek~
9, Bermuda District.
~pon consideration whereof, and on motion uS Mr. Daniel,
seconded by Mr. McEale, it is resolved that Clear Springs
in Walthall Creek, Sestion 9, Bermuda District, be and it
Rereby is established as a public road.
And be it further resolved, that the Virginia Department of
Transportation, be an~ it hereby is requested tu taka into =he
Secondary System, Clear Spring~ Court e~tends .20 miles from
the inter~eotion of Route 4~4 to the oul-de-sas.
This ~equest is inclusive of the adjacent slope, sight
distance, clear zone and designated Virginia Department of
Tra~spc~tatio~ drainage easements.
T~is road serves 1~
And be it further reso~ve~, that the Bonrd of
guarantees to ~/~e Virginia Department of Transportation an
cuts, fills and drainage for this road.
This section of Walthall Creek is recorded as
Vote: Unanimous
Thi~ day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of Rurtsdale Road and Hartsdale Court in Pennwocd,
section 8, Dale District.
Upon consideration whereo£~ and on motion of ~i~. Daniel,
seconded by ~. Mc~ale, it is resolved that ~artsdale Road and
Hartsdale ~ourt i~ Pe~wood, Section 8~ Dale District, be and
they hereby are established as public reads.
93-793 11/23/93
And be it further resolved, that the Virginia Department of
Transportation, be and it hereby is requested to take in~o the
Secondary System, ~ar%sdalo Road extends .13 miles from the
intersection of Route ~181 to the dead-end. Hartedale Court
tho col-de-eec.
·his request is i~clu~ive of the adjacent slope, sight
distance, clear zone and designated Virginia oepar~ent of
Transportation drainage easements.
These roads serve 25 lots.
And be it further resolved, that the Board cf suporv£nor~
guarantees to the Virginia Department of Traneportat~on un
unreetr~cte4 right-of-way of 5~~ with necessary eascment~ for
corm, fills and drainage for these roads
This section of Pennwood is recorded as follows:
Section ~, Plat Book 77, Page 65, January 22, 199l.
Vote: Unanimous
This day the county Environmental Engineer, in accordance with
directions from this Board, made repo~% in writing upon his
examination of switchback Lane in Mistwood Forest, section
~atoaca District,
Upon eonslderatlon whereof, and on motion of Mr. Daniel,
seconded b~ Mr, McHale, it ie reeolved that Switchbac.k Lane in
Mistwoo~ Forest, section 5, Matoaca District, be and it hereby
i~ e~tablished as a public road.
And be it further resolved, that th~ Virginia Department of
Transportation, be and it hereby is rsguested to take into tho
Secondary System, Switchback Lane extends .06 mile~ fro~ the
intersection of Route 3470 to the col-de-eec.
Thi~ request i~ inclusive of the adjacent
distance, clear zone and designated Virginia Department of
Transportation drainage
And be it f~rther resolved, that =he Board of Supervisors
guarantees to =he Virginia Department of Transportation an
un,restricted right-of-way of 50' with neoessary ea~ement~ for
ca=e, fills an~ drainage for thi= roa~.
T~is section of ~istwood Forest is recorded as follows:
This day the County Environmental Engineer, in accordance with
directions frc~ Phis ~oar~, made report in wrriting upon hie
examination of Kentucky D~rby Driv~ in a Portion of Triple
Crown, section 3, Ma=ceca District.
Upon consideration whereof, and on me, ion of F~r. Daniel,
seconded by ~r. SeMele, it im remolved tha~ Kentucky Derby
Drive, in a Portion of Triple Crown, Section 3, Matoaea
Di~trict~ he and it hereby i~ e~tabli~hed a~ a public road.
11/23/93
Md be it further resolved, that the Virginia Department of
Transportation! be and it hereby is requested to take into the
Secondary System, Kentucky Derby Drive extends .12 miles from
the intersection cf Deer Run Drive =o the cul-de-sac.
This request is inclusive of the adjacent slope, sight
distance, clear zone and d~ig~ated V~rglnla D~partm~t of
Transportation drainage easements.
This road scrve~ 15 tots.
~d be it further resolved, that the Board of Supervisors
guarantees to the virginia Department of Transportation an
unrestricted riqht-of-way of 50' with necessary ea~ement~ for
cuts, ~ills and dralna~e ~or ~hese roads
This section of Triple Crown is recorded as follows:
A Portie~ of section 3. Plat Bock 70~ Page MO~ April 2~, 1990.
VetS: Unani~ou~
7.D.9. ~THORIE~TION ~OR ~O~NTY ~DMIEISTRAT~R TO EXEOUT~ A
On motion of ~Lr. Daniel, seconded by ~ir. McHale, the Board
contract with Prudential Health Care System (Prucare} £or ~he
County*s 1994 Health Care 91an.
Vote: Unanlmou~
On ~otlon cf Mr. McHale, seconded by Mr. Barber, the Board
a~proved the following streetlight installation cost approvals~
Bermuda District
* TwO streetlights in front of Chester Middle School. One
light is to be located on the southeast corner of
approximately half way between Petersburg Street and Dale
locations were identified by school crossing/safety
personnel as locations most in need of lighting.
Coat to install light: $0.00
M~dlothisn Diseriut
Intersection of Misty Ridge Court and Summer~urst D~ive.
cost to install light: $1,940.00
~r. Daniel requested staff to address the possibility of
installing a streetlight at the entrance of Lucy Corr Nursing
9~-795 li/e3l~3
........ - ......... IL ............ J L ..... J I !
?.~. ADOFTION OF 1.9~4 LEgiSLaTIVE P~OGRAM ~ND SBT,,.,DA~ FOB
F~BLIC HEAHIN~ TO ~ON~IDER ~H~RTE~A~ENDM~NTS
~r. ~icas stated ~e Boar~ of ~upervis0~ and me~b~r~ of the
Leqi=lative Delegation held a work cecclon on Norther 19, 1995
to discuss the propoced Legislativ~rogram. H~ f~rther ~tated
~e ~art~ am~ndm~t~ =on=aine~ in the Legislative
require settlng dates for public hearings and staff
Dani-5 ha~ requested Item 31., a re.est to amend State law
pe~it completu privatization of ~e building
program byre~o~ing th~ ~tatutory duty of the County to enforce
Unifo~ Stat~w~d~ Bu~ldlng Code (USBC) to any 9riva~
individual or com~ny ~ngage~ in building inspections.
~. Daniel expressed concern relative to =he Charter ~en~ent
w~ic~ would p~ovide ~at newly appointed 8c~ool Board m~bers
s~e =~s to run oonourr~ntly with the terms of Board
from t~e 1994 Legislative ~rogram.
Di==ussion~ cu~ant~, and questions ensued relativ~ to thi~
am~n~e~t being included in~e Pro. am at.is time; ~ Board
holding a p~l~c hearin~ =~ receive citizen input on this
~==ue; and ~e philosophy of concurrent %e~ between
Board and Board of su~rv~or= member~. Mr. Daniel stated
supports ~e philosophy of concurrent te~s bnt wa~ concerned
about the timin~ of includin~ thia Charter amendment in
1~4 Legislative ~rogra~. It wa~ the general consensus of the
Board to include this Charter amen~nt in the Legislative
Program. Mr. Danlel wlthdr~w big ~otioD and Nr. Warren
ccncurr=d with the withdrawal of the
There wa~ brief discussion relative to the timing and
t~e ~e~t to amend ~e county Charter t0 pe~it a l~gally
b~nd~ng restriction on the use of meals tax revenue for
capital need~ only.
t~ delete the proposed Cha~er amen~ent to amid ~he County
Cha~er to p~it a legally binding re~trlctlon on the use of
Vo~e: Unanimous
the date of December 15, 1993 at 7:00 p.m. for public hearings
1. ~end the County Cha~er to provide that newly
for ~hort~r tim~ periods ba~e~ on the ~l~mt~on cycle until
~nd S~tion 6.12 of the County ~arter to pe~it a city
Clerk of~e Circuit Co~t regarding revenue~ ~rlve~
County activities and (2) conduct perfo~a~ue
~nagement audits of sonstitutional officers for
~onfi4~nti~lity of any r~eord~ reviewed by th~ ~nt~rnal
auditor.
recognized Department of Economic Development and
5. Amend section 6.6 Of the charter to include the Direeto~
of Department of Economic Development amang County
officials who meet periodi~ally to eecrdinate the
6. Amend Section 4.3 eft he County Charter to provide for the
appointment of Deputy County Administrators by the County
Administrato~ uD0n the approval of the ~oard of
~upervi~ors.
Vote: Unanimous
~r. Warren excused himself from the remainder of the afternoon
session of the meeting.
There was brief discussion relative to the request to a~end the
Cod~ of Virginia to r~quir~ secondary ~mployer~ of
police officers, sheriff's deputies~ or firefightar~ to provide
worker~' compensation coverage only in those circumstances
where the officer is performinq work at the direction of the
s~eondary employer an~ the r~q~t to amend the Code of
virginia to specifically state that County license inspe=tors
shall have limited access to the virginia criminal Inf0rma~icn
System ("VCIN") to obtain driver informotion r~garding out of
State vehicle~.
On motion o~ Mr. Danlsl, sscondsd by M~. Celbert, the Board
in=luded the following proposed A~ministratlon of
items in its 1994 Logislatlve Program:
7. Amsnd S~e~ioa 6S.~-10Z of the Code of Virginia to require
that mecondary e~ployers of off-duty police officers,
shsriff'$ deputies or firefighters must provide
compensation coverage only in ~hose circumstances wha~a
the officer i~ performing work at the direction of the
seGondary employer.
~nding ~ction 15.~-9~i;1 of the Code of Virginia to
clarify that the County Attorney and him a~Di~tant~ may
prosecute violations of the uniform statewide Building
Fire Cedes i~ accordance with agreements with the
coi~menwealth's Attorney.
9. Amend section g.01-261{2) t0 provide tha~ preferred venue
for civil suits ugainmt local goverrtment employees is the
locality where t_he injury
1~. A~end Section 11-~4(A)(4) of the Code of Virginia to
require that a bidder submit original work papers within
~iva days a~%er the bid opening if the bidder wishes to
withdraw his bid due to a mistake.
Ayes: ~lr~ Barber, Mr. Colbert, Nr. Daniel, and Mr. Mc~aIe.
Absent: Mr. Warren.
On ~otion of M~. MoHale, seconded by Mr. Daniel, the Board
included the following proposed Budget and Finance items in its
1994 Legislative Program:
· 1. A~end Section 59.1-~79 of the ~inia to permit
businesses within an Enterprise Zone to qualify for tax
incentives if 50 percent of their gross receiptm are
attributable to the active cenduo: of their trade or
buminems within their own enterprise zone or any other
enterprise zone within t~e Co~snweelth.
93-797 11/~3/93
12. Amend the code of Virginia to permit localities to provide
differential fax rates for real estate, personal property
or machinery and tools for businesses within an Enterprise
Amend the ~ublic Prso~ement Act to provide that a
locality's procurement ordinances may permit a local
preferanee in the event of a tie bid.
14. A~end Section 46.2-749.4 of the Code of vireinia to allow
a local governing body ~o adopt a r~nolution, after
public bearing, to request the Co~issloner of D/4V to
issue spesial license plates whose design incorporates the
zeal er logo of the local government.
15. A~end Section 58.1-3515(a) of the Code of Virginia to
permit localities to exclude trailers as well as boats
from the requirement tO prorate personal property taxes.
Ayes: ~L~. Barber, ~4r. Colbert, Mr. Daniel, and M~. MoEale.
Absent: Mr. Warren.
to pe~it localities to ~clude trailer~ a~ well as boats from
the requirement to prorate ~ersonal property taxes and
after ~urveying other localities to determine various
practices, staff concluded there ~s no consistency regarding
On motion of Mr. Colbert~ s~conded by ~. Mc~4al~, the Board
included the following proposed Budget and Finance items in its
1994 Legislative
15. Amend Section 30-1903 of the Code of Virginia to require
that any legislative er regulatory mandate b~
by a fiscal impact analysis showing the financial
17. ~end the 1994-96A~p~opriations Act to provide $65,000 in
State funding for a fire prevention (sprinkler) system at
~ppington.
18. Amending Section 15.1-33.2 to provide for the indexing of
the $5~.00 per meeting payment for advisory beards.
Absent: ~ir. Warren.
There was brief disGussion relative to the deletion of Item
20., e request to amend t~e community Development Bond Act to
include provisions whisk would provide greater financial
stability to local governments from the Legislative Program;
this issue requiring Board of S~pervisors approval; an{ wh~ther
the Board of Supervisors could adopt policy reguirements.
Mr. Daniel requested staff to develop an ordinance to address
policy requirements rather than adding :his request as a
legislative item,
There was brief discussion relative tO i~oluding this ~eguest
in t~e Legislative Progra~ and addressing the policy
requirements through an ordinance.
to include Item 20., a request to amend the Co~nity
Development Bond Act to include provision~ to provide greater
financial stability to local gover~Lments in the propose~ 1994
Legislative Program.
Absent: ~_r. Warren.
F~. Denial instruutad staff ts dmvmlop a local ordinance
addressing the requirements of the Community Develol~ent Bond
There was discussion relative to t~e request to provide
the general home warranty and the foundation warranty ca~ot be
automatically assi~ed to the first occupant of the home and
~ing waived until the home is occuDia~ Dy the actual
(not the builder or ba~) and thi~ re~e~t creating
There was brief discussion relative to the rationale and
re~e~t to amen~ the co~e of Vir~ini~ to provide ~at ~a
For lack of a second, ~e motion failed.
On motion of Mr. Daniel, neconded by Mr. Colbert, th~
inolud~d ~s f~llowing ~ropose~ Ptannin~ and Co~unity
Development items in its 1994 Legislative P:og:am:
19. Add a se=tion to the Code of Virginia to De.it localities
to accept cash proffers from developers when they ~bmit
their subdivision Dl=t for
21. Adopt a provision requiring home builders to providm a
home foumd within one year of =ompletion.
22. ~end the Code of virginia =o provide t~at t~e g~naral
~ome buyer and ~a~ %~ warran=ies are automa~ioally
Ayes: ~. Barber, Mr. Colbert~ Mr. Daniel, and ~. Nc~ale.
~e word "proved" in Item ~3., a reques~ to De.it local
gover~ents to hold new buildin~ permit~ of a build~ fo~ up
six months if %he builder has not repaired any ~uilding Co~
the highway allocations; and d=laying the request to amend ~e
mnviro~entally protect ~ remowal o~ trees (except for
di~e~s= eradication) when it is part of real estate development
until next year for Surther review.
Law, to pm~it localities to ~nvironmentally 9rote~t
removal of trees (except for disease eradication) when it is
93-799 11/23/93
pa~t Of rea~ ~tate development f~o~ the 1994 Legislative
Proqram.
There was brief discussion relative to deferring action of this
request until Desember 15, 1993 meeting to allsw input from Mr.
Warren since the request was g~n~rated by constituents in the
Clover Hill District and it was generally agreed to defer Item
Z6., to amend section 10,1-$60 of the Code ef Virginia. the
State Erosion and Sediment Control Law, to permit localities to
environmentally protect the removal of trees (~xcept for
disease eradication} when it is part of rsal e~tate development
from the 1994 Legislative Program until December 55, 1993.
/dr. Barber made a motion to include Item 29., a request to
amend thc Code of Virginia to permit zoning inspectors, after
written notice of a violation, to issue a court su~u~ons to
individuals who violate the ~aning ordinanse in the Legislative
Program.
M~. McHale ~econded the mo%ion.
D~scus~ion~ comments, and quest~on~ mnsue~ r~lative to ~e
reason this request was deleted fr~m the Legislative
Driva=i~ation of the building inspection p~am by removing
t~e ~=atutory duty of ~e county to enforce Unifo~
Building Code (USDC) ~nd extending i~uni~ to any priwate
individual or uo=pany engaged in building inspections and
deleting the lan~age "and ~xtending i~unity to uny p~ivate
request; ~u ~ossibility of privatizing th~ County's Building
Inspection Department; and the request to ~end =he ~ode of
Virginia to authorize localitie~ to r~celve Congestion
~it{gation Air Quality Funds ("~Q") directly in the highway
allocation proc~s~ so~e locallty can prooeed with the design,
right of way ac~isiticn, and conSt~otion of C~Q proj~otm.
Mr. R~m~y clarified It~ 2B., a rudest tO ~e~d Seot~o~
560 of the Code ~ Vlr~inia, the state Erosion and
Control Law, to permit localitie~ to anviro~entally proteo=
~a Tenoval of tree~ (~xce~ ~or disease eradication) whsn it
is part of real estate develepment would be deferred ~ntil
December 15~ 1993; that Item 29.,. a reques~ %o amend teds of
Vlr~iDia to p~it zoning ~n~pectors, mfte~ written notice of
violate the zoning ordinance would be included in ~
Legislative Pro~am; and amending ~e wording for I=e= 31., a
the building inspection program by removin~ th~ s~a~u%o~y duty
u~ the County to enforce the Uniform star,wide Building
(USBC) by deleting the lnn~age, "ex=ending i~uni~y =0 any
private individual or company engaged in buil~in~ inspections"
f~om the re,est.
~. Barber called for the vote, on the motion made by ~.
2S., a re,est to ~end seotion 10.1-95~ of =h~ Cede of
Virginia, ~e State erosion and Sediment Control Law, to psrmlt
localities to envi~o~entally protect the removal ~f
(excee: ~or disease eradication) when i~ i~ Dar~ of r~al e~tate
develu~unt until Dece~er 15, 1993; included Item 29.,
re,est to amend =he Code of Vi~inia to p~it zoning
inspectors, after ~ittcn notice of a wiolation~ to issue a
=~ s~on~ to individuals who violate ~e zoning ordinanc~
i~ the 1994 L~qi~lativ~ Proqram; included Item 31., a re~e~t
to amen~ State law to p~mlt uum~lete privatization of ~m
thm County to enforce USBC and extending i~unlty to any
and deleted ~e Ian~a~e "and extending i~unlty to any private
individual or company engaged in building inspections,,
request; and included the following propo~d Planning and
Community Development items in its 19~4 Legislative Program:
23. Permit lo=al gover~lmante to hold ne~ building pernits of
a builder for up to six months if the builder has not
repaired any Building code deficiencies determined by the
Building 0ffioial to have ccourred in the last five years
under the then-axlstinq Code.
A~end the Cod~ of ~ircinis to authorize localities to
reseive Congestion Mitigation Air Quality ~unds
directly in the highway allocation prece~ ~e that the
locality can ~receed wi~h the design, right of way
acquisition, amd constr~ction of CMAQ projects.
~5. ~nmend Section 33.1-72.1 of the Cod~ of Virginia to
eliminate tho "nen-spsoulative interest" certification
VDOT require~ localities to make on rural addition
projects.
26. Amend section 33.1-75.I of the Code cf ~.q.inia to 9Taut
localities desiring to do so the authority to proceed with
the design~ right of way acquisition~ and construction of
road projects once the allocation of funds to the proje=t
is approved by the CTB. Other "restrictive cluuses"
relating =o time of eomple%ion of a project should
removed.
~7. Amend ~ection 33.~-~1 of the Code of Vi~in~. to prohibit
VDOT from recruiting, unlsss rsgue~%e~ by the Board
as a four lane or greater roa~wsy because of future
development traffic.
30. Amend State law to prevent businesses from cashing checks
at a discounted amount if their primary business is not
check cashing.
Ayes: Mr. ~arber, Mr. Colbert, Mr. Daniel, and Mr. McHals.
Absent: FLT. Warren.
Mr. Barber reviewed legislation items to support/oppose.
There was brief discussion relative to supporting legislation
which would eiimlnat~ th~ us~ of poll book~ on ~lection Day and
replacing the books wit~ printed registered voter lists.
On motion of ~r. McHale, ~econded by Y~, Colbert, the Bourd
agreed to support the legislation relating to tho follewing:
32. Fun~ing for ~he development o~ Phase 1 of the John Tyler
Community College, Midlothian campus.
33. State appropriations to aid Virginia Commonwealth
UniYersity~s undergraduate engineering school and
biomedical park.
34. Th~ capitnl improve~ent program for Virginia University.
L~gislation whi=h would eliminate the use of poll books on
Election Day and replace them with printed Registered
Voter
3~. Legislation which eliminates th~ con£1iot ~etween the
National Voter Registration Act and Virginia elactlon law.
37. ~ny legislution providing for specific penalties to be
applie~ to juveniles who sssape or attempt to escape from
~3-801 11/23/93
38. Legislation to require that juveniles who have been
adjudicated adults Serve their sentence in adult
facilities.
39. VACO'~ position on the courthouse maintenance fee bill
that must be reenacted in the 1994 Legislative Session.
This bill extends the $2.S0 co%l~thouse fee for
construction, renovation, and maintenance to civil
proceedings, in addition to traffic penalties. VACO
f~rtheru~gms that the total permissible fees on all cases
be increased to no less than $6.00.
An~, further the Board agreed to oppose legislation relating to
the following:
40. Any redustions in aid to localities from the Skate without
reduction or elimination of unfunded State mandates.
41. Any legislation which would require a locality to pay
compensation for a regulatory taking of private property
if le~s than lQ0 percent of the owner's interest in the
property is taken.
4~- Any Growth Strategies legislation that would encroach upon
the rights of localit~sm to make lan~ use decisions.
~3. Le~islatlon r6quiring separation of pre- and Dost-
dimpomitional juveniles in local de%entice facilities and
supper% any legislation preventing pest-dispositional
j~veDilmm Crom being sent %0 local facilitiem.
Ayes: Fir. Barber~ Mr. Colbert, ~r. Daniel, and Mr. McHale.
A~sent: Mr. Warren.
(It is noted a copy of the 1994 Legislative Program is filed
wi%l% the papers of ~hi~ ~uard.)
Mr. Ramsey eta%edt he 1994 Regional L=gi~lative Prog~a~ ~m the
rsoul= of fourteen jurisdictions Stem the metropolitan Ri~hmon~
and %fl-el%es areas cooperating on the development of a
rsg~enal legislative ~rogram. Re fur~er stated the Regional
Legislative Program will be pr~mented to the elected officialm
representing these areas at
There was brief discussion relative ~o the Program being
adopted by tbs other localities.
Hr. ~c~ale made a motion, ~econ~e~ by ~r- Colbert, for the
Board to adopt the proposed 199~ Regional L~gislative Program.
Hr. Ramsey stated staff has received anange~ in wording to the
Program, reviewed the changes, an~ requested the Bcar~ to
include the changes in adoption of the Pro,ram.
Mr. Barber called for the vote on the motion made by Hr.
N~al~ ~ecended by l~r. Colbert, for the Board to adopt the
199~ Regional Legislative Program~ as amended.
Ayes: Mr. Barbe~, ~{~. Colbert~ Mr. Daniol~ and M~. McHale.
Absent: Mr. Warren.
(It is noted a cody of the proposed 1994 Regional Legislative
Progrum is filed with the papers of this Bourd.)
There were no ~earlngs of citizens on Unscheduled Mattore or
claims scheduled at this tim~.
9. REPORTS
On motion of ~4r. McHale, seconded by ]4r. Colbert, the Board
acus~ted the following reports:
Mr. Ramsay presented the Board wleh a report on the developer
water and seWe~ contracts executed by the County Administrator.
Mr. Ram=ay pre=anted the Board with a =tatu~ roport on tho
General Fund Balance; Reserve for Future capital Prejeots;
District Road and Street Light Fonds; and Lease Purchases.
Hr. Ramsay stated the Virginia Department of Transportation has
formally notified the County oft he aoceptance of the followinq
ADDITION~ L~GTR
Route 701 (w~itaDine Road] - Fre~ 0.04 ~ile West
Route 737 to Route 651
Route ~5~ (Whitepin~ Road) - From Route 701 to
0.73 mile ~orthsast Route 540 ~.11 Mi
Route 651 (Belmont Roa~) - From Route 701 to
0.66 mile Southwest Route ~1~
R~N%~RING
Route Z990 - Section two of old location Route 6Pi 0.07 Mi
DISC0NTINUA~¢E
Ayes: Mr. Barber, Mr. Colbert~ Mr. Daniel, and ~r,
Absent: Mr. Warren.
CODE OF VIRGINIA. 1950. AS AMENDED, FOR CONGULT~TION
WTTH LE~ ~0UNBBL TO DISCUSS SPECIFIC LEGAL
RELATED TO THE RENEWAL O~ T~B CO~Y,S ~nE
RE~
On motion o~ Nr. MoHalk, ~conded by ~. Colbert, the Board
went into Executive Session p~suant to S~ction
Coda of Virginia, 1950~ as amended~ for consultation with l~qat
r~newal of the Co~ty'a Cable ~anchi~e Renewal, 2)
loom%ion of the boundary line ~tween Chesterfield and
Powhata~, a~d 3) the Melody ~chool of Dance zoning appeal.
Ayes: ~. Barber, Mr. Colbert, ~r. Daniel, and Mr. MCH~i=.
~s~n%: ~. Warren.
Reeonvening:
93-803 11/23/93
On motion of Mr. MaHale, seconded by Mr. Colbert, the Board
adopted th~ following resolution:
%~{EREA~, the Board of Supervi~or~ ha~ this day adjo~ne~
into Executive session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act~ and
WHEREAS, the Virginia Free~om of Information Act e~fecti~m
July 1~ 19~9 provides for certifioation ~at ~uch Executive
S~ssio~ wam conducted in confo~ity with law.
NOW, TH~EFO~ BE IT ~MOLVED, ~e Board of Supervisors
knowledge, i) only public bumin~mm matters lawfully exempted
from open meeting requirementm under~ Freedom of Info--rich
AC~ wer~ diso~mged in the Executive Session to which th~m
certification applies, and
ii) only su~ public business matters as were i~entifi~d
in~u ~otion~which the Zx~outive ~smion wa~ convened were
heard, discussed or considered by the Board. NO m~b~
~e Board being Dolled, ~e vote was as followu:
Mr. MoHal~ : Aye.
~r. D~niel : Aye.
~. D~rb~r ~ Aye.
~. Warren : Absent.
344(A) {7), Code of Vlr~iD~, 19~0, a~ ~ended, for Consulta=ion
~e Melody ~ehool of Dance zoning Appeal was moved %O follow
ii, DINNER
0~ notion of Mr. Colbert, seconded by Mr. ~cHale, t~ Board
recessed to the Administration Build,hq, Room 50~, for d~nner.
Ayes: Mr- Barber, Mr. Colbert, Mr. Daniel, and Mr. MeHale.
Absent: Mr. Warren.
Reconvening:
Mr. Warren returned =e the meeting.
~r. Daniel e×uu~ed himself from the remainder of the meeting.
RioDu~ond church of the Brethren, who gave the invocation.
13. ~LE~E OF ~LSE~I~NCE T0..THE~I~%G OF THE UNITED ETATE~ OF
Mr. Warren led the Pledge Of Allegiance to the Flag of ~he
United States of ~erica.
11/23/93
] I
Mr. Ramsey stated the recognition of Youth Awards was Held
November 17, 1993 and introduced Ms. Barbara Bennett.
~s. Bennett introduced the 1~9~ ¥outh Award recipients and the
~eoi~ient of the 19~3 Adult Award a~d e~essed appr=ciution to
each for their contributions to the County.
14. BESOSBTIONB AND SPECIAL RECOGNITIONS
~. Stith introduced Mr. Jack Tor~o, President of the Ri~ond
Assooia~ion of Real~ors~ who was present to receive the
resolution.
~E~S, the Ri~ond Association of Realtors and Richfood
Incorporated are co-sponsoring the Sixth ~nuat C~tma~
CenTres ~rojec%, a co~un~ty-wlde food drlv~ taking place
during ~e week of D~ce~er 1-8, 1993, in cooperation with
~E~S, the C~ist~ CenTres i~ a ~boltc ~w~n~y-flv~
feet christmas tree located at Regency square and consisting of
37,000 cans of food donate~ by Richfoo~; and
collect u totul of 100,OO~ pounds of food from concerned
citizens to ba ~i~trib=~a~ %o the nutty in ~he Richmon~
through the C~nt~al Virginia Foodbank.
NOW, T~EFORE BE IT ~ROLV~D, that the
County Board of Sup~isors does h~r~byr~oogniz~ December l-B,
1993 as "~unger Awarene~ Week" in ~es~erfield County and
co,ends all those associated with the ~ristmas centres
~oje~ f~r their occident in~ fight ~g~in~t hunger in
County of Chesterfield an~ the Co~onweal~ of virginia and
~all~ i=~ significance %o the attention of all citizens.
Vote: Unanlmou~
Mr. Warren pre~ented the executed re~olut~on to Mr. Tor~o and
~r~ssed appreciation to ~a Association for their occident
in =h~ fight against hunger,
Mr. TORSO ~res~ed apgrecia=ion for the recogninion and
invited everyone to visit Regency Mall during the holiday
15. ~UBLIC HE;tRIN~
i~.A. TO CONSIDER ~N ORDIN~%NCE TO AMEND TEE CODE OF THE
O00NT~ OF CHEHT~R~IELD~ 1978, ~ AI~NDED, BY AMENDIN~
~ND REENACTING SN~TXON 19.1--8 REL~TTN~ TO T~IC~BS ~
OTHER VEHICLES ~OR HIRE, RELATIN~ TO TAXICAB FARES
Mr. Micas stated thi~ date and time ~as bee~ advertised for a
public hearing te consider an ordinance relating to taxicabs
further sta~ed the Richmond Regional Planning District
Commission met on October 14, 1993 and voted to adopt the
taxicab meter rate changes recommended by the Capital R~gion
Taxicab Advisory Board~s Operations and Rates Committee.
~o one came forward to speak in favor of or against this
ordinance.
~ Barber noted the proposed adjustment in rates are
comparable to rates Srsm six ysar$ ago aRd will a~i~t drivers
in the current market.
~r. Barber then made a motion, seconded by Nr. Colbert, for the
Board to adopt the following ordinance:
AN ORDINANCE TO AI~END THE CODE OF THE coUNTY
OF CHESTERFIELD, 197~, AS ~NDED, BY ~NDING
AND ~ENACTING SECTION 19.1-8 RE~TING TO
TAXI~BS ~D 0THOR V~ICL~E FOR HIRE
BE IT ORDAINED ~y the Board of Supe~isor$ of Chesterfield
County:
(1) That Section 19.1-8 of t~e code of th~ County
Che~rfield~ 1~7~, as a~ended, i~ ~ende~ and reenacted
read as follows:
shall be unlRwful for a certificate hol~er tu De~i~ or
driver to make any greater or lesser charg~ for
transportation Of pa~enger~ and baggage:
For the first one-fifth mile , . $1.50
For each ~ucc~eding one-fifth mite .
For each one minute of waiting time .......
For e~ch additional pa~anger over one (1) .... 1.00
Provided, ~ut children six (6) years of age or
additional charges.
Waiting time ~hall include ~e time cons~ed while ~he
per hour, ~nd the ti~e consumed while the taxicab is waiting
for a passenger beginning five (~) minute= after ~e time of
cons~ed whila it is standing at the dlrection of
passenger. Waiting time shall not inclnde, and no charge shall
be made for, the time 10st on account of inefficiency of
taxicab, o~ it~ operation~ or time oons~e~ by ~remature
response to a call. No uharge shall b~ made for mileage while
waiting time is being charged.
(b) For a trip originating between the hou~ of 9:00
and ~:0O a.m. ~f ~ da~ following, in addition to the charge~
registered on th~ meter, a surcharqe of one dollar ($1.00} per
~riD shall be added to compute th~ fare for such trip.
{c] The o~er cf any taxicab, upon receipt o~ satisfactory
proof that u person iS sixty-five (65) years of age or older,
eligibility un,er ~his chapter, disable~ per~on~ inGl~d~
individuals who ur= physically, ~aa~i~g, ~entally, or visually
impaired. The followin~ identification may s~
~atisfactory proof of age or disability: a valid
license; a valid GRTC Senior citizens ID or Medic~e Card;
valid identifica=iun card issued by a public transportation
93-806 11/23/93
Disabilities Asr.
(d) The owner of any taxicab may. enter into written
contracts with organi~ati0ns and companies to provide taxicab
services on a negotiated basis. The owne~ of any taxicab may
enter into written cont=ac~s with indivlduals =o proulde, on a
negotiated basis, regular service, as defined in section
19.1-1. All such contrasts must be kept and preserved in the
main offices of the taxicab company during the ter~s of the
contract and for twelve (12) months after termination of the
by the board of s~pe~viss~s. As ~squi~ed by Section 19.1-6,
taximeters shall be in operation at all %ime~ during the
transportation of passengers} however, the charge for such
services shall be governed by t~e w~itten contract, and not the
taximeter.
(Z) Thi~ ordinance shall b~come effectiv~ immediately
Ayes: Mr. Warren, Mr. Barber, Mr. Colbert, and Mr. M~Hale.
Mr. ste~maier stated~his date and time has been advertised for
a public bearing to consider an amendment to the FY93-94 ~udget
to appropriate $2.8 million from F¥93 operations (surplus
for Futura Capital Projects. He further stated the source of
~he $~,$ million i~ d~rived from improvem~nt~ in the County q$
processes for collecting delinquent taxes, improvements in the
in revenue and unspent appropriations and staff recommends the
surplus fund~ b~ transferred to th~ Re,eryc for Capital
of planned 1994 expenditures.
Mr, Tom Nill~r ~tat~d h~ i~ a r~nid~nt of th~ County; that he
feels if the budget was on target! the~ 7~ percent of the $7.8
million would be allocated to sehool~, which i~ $5.52 million;
problems such as overcrowding in Enon Elementary, chester
Middle, and Thomas Dale High Schools. H~ expressed concerns
fund new school~ and the County not realizing any relief until
Mr. Leu Lip~a, re~resentlng ~he Ckesterfield Seftk~ll
surplus funds to assist softball programs. He stated he feels
softball brings addltlcnal revenue to the County and expressed
appreciation to s~aff for their help in ~upporting various
programs.
There being no one else to addraas this issue, the public
hearing was closed.
Mr. NcHale clarified that action taken would b~ to ap~ropriat~
address how =he funds would be s~en~. He further ~tated he and
~oard Liaison CoI~mi=tee meeting on December 13, 1995 in which
the acceleration of com~tructing the Enon Elementary School
will he discussed. He stated staff will bring recommendations
to the Board r~garding school overcrowding issues,
93-~07 11/23/93
Mr. MoHale then made a motion, seconded by Mr. Colbert, for thm
Board to amend the FY93-94 budget to appropriate $2.8 million
(surplus revenue and unspent General Fund appropriations) from
FY93 operations to the Reserve for Future Capital Projects.
Ayes: Mr. Warren, Mr. Barber, ~r, Colbert, and Mr. McHale.
Absent: M-r. Daniel.
o &UTHOBIZATIO~ FOB T~J~NSFS~ o~ PURbS ~ROM THE RESER?~
FOR FUTURE ~A~TT~3~ PROJS~ FOR P}L%SE I DEVELOPMENT /%ED
S~BSEQUENT ANARD OF. DESIGN CO~TR~CT FOB D~LOP~E~ OF
~. Golden stated staff re~ests the 5oard authorize the
transfer of funds, in the amoun~ of $660~000~ z=om ~ R~se~e
for ~tur~ Capital 9rejects for Phase I development of ~e
Warbro Road Athletic C~ple~ site whioh will ~rovi~ an
opportunity for a~ i~ovat~v~ approach in development of the
Northern ~ea Landfill which was recently olo~ed. He ~urth~r
s=ated other lo~aliti~s in th~ State have built athletic
facilitie~ on landfillm and have been very ~uc~e~ful, that
~mre is a shortagm of fleld~ in th~ County, and approximately
7,0~ people currently play ~oftball on 11 f~elds in the
County.
authorized~ County Admi~i~t~ato~ to execute a contract With
Re~O~ro~ Plan~e~8, Incorpora=md, in ~ amount of $46,00~, for
Pha~e I development of the Warbro Road Athletic co~pl~ ~ite
and transferred $660,000 from the R~se~e for Future Ca~ital
receiving agproximately $195,000 in Recreation Acce~ ~nd~
from the Virginia Department of Cancelation and Recreatio~ to
b~ u~d for road improvements at the sate an~ in the event that
Recreation Access Fund~ are not received from the Sta~e~ ~e
improvements through ~e County's capital Improvement progr~
process.)
Vote: Unanimous
Mr. Stitt~ stated this date end time hae been advertimed for a
~ublio hearing to consider an ordinance to vacate a ~ixteen
foot water easement within cabin Creek We~t Subdivision~
NO one eam~ forward to speak in favor of or against this
erdinanoa.
On mo=ion of Mr. Barber, seconded Dy Mr, colbert, the Board
adopted the following ordinance:
~/~ Oi~DIN~/~CE whereby the COUI~TY OF CHEST~FIE~ VIRGINIA,
16' water eam~t within C~bln Creek West Subdlvlsion, D~
~gisterial Distrio=, Chesterfi61d County, virginia, am mho~
on a plat thermal d~ly r~corded in the Clerk'm Office of the
Circui~ Court of Chesterfield County in Pla= Book 79, Page~ 81
~R~$, R, T, Ave~, IZI, ~remident of 3. d. Dmveloperm,
Xnc., pet,=lamed ~e Board of Supervisors of Chesterfield
Creek West Subdivision, D~E Magist~ial District, Chesterfield
93-808 11/23/93
County, Virginia more particularly shown on a plst of record in
the Clerk's office of the Circuit Court of said County in Plat
BOOK 79, Pages 81 & 82, by BALZER & ASSOCIATES~ INCh, dated
OCTOBER 9, 1992. T~e easement petitioned to be vacated is more
fully described as follews:
A 16' water easement, within cabin Creek
West Subdivision, the location uf which
is more fully ~hown, on a plat made by
BALZER & ASSOCIATES, INC., ~sted OCTOBER
9, 1992, a COpy of which i~ attached hereto
and made a pa~-~ of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.1-
431 of the Code of Virginiar 1950, as amended, by advertising;
and
~{EREAS, no public necessity~xist~ far the continuance of
OF ~ST~PIELD COUNTY{ VIRginIA:
That p~nuant to Section 15.1-482(b) of th~ Cod~ of
hereby vacated.
~is ordinance shall be in full force and effect in
acoordanoe wi~ sec%ion 15.1-48~(~) ~ the coda of Virginia,
1950, as amended, and a certified copy of thi~ Ordlnanc~
together with ~e plat attached hereto shall ~ recorded no
Cir~it Court of ~esterfleld County, Virq~n~a p~uant
Seotion ~.1-4S~ of the C04~ of Virginia, 1950,
The effect of this Ordinance pursuant to Section 15.1-
483 i~ to destroy =he force and effect of the reoo~dinq of
simple ti=la of ~e easement hereby vacated in the property
owner of Lot lS within Cabin Creek West Su~ivision, free and
clear of any rights of p~lic use.
Aocordi~gly, this Ordinance ~h~ll be indexed in the names
of ~he County of Chesterfield as grantum and J. G.
INC.~ or their successors in title~ as grantee.
15.D. TO CONSIDER ltN OEDIEAI~CE TO VACATE
;~LLEY..WI~HI~...R~DFORD~ BUBDIVISION, FORMERLY LOT~ 8
~ 10 OF FALLIN~ CREEK SUBDIVISION
Mr. Stlth stated this data and tine ha~ been advertised for a
pub!ia hearin~ to consider an ordinance to vacate a sixteen
foot alley within Redford'~ subdivision, formerly Let~ 8 and 10
o~ Falling Creek Subdivision.
Nr. George Andsr~on stated this easement abuts his property;
that it will provide him access to a garage he is considering
building; that he personally paid a private contractor to
~ur~y the land; and he f~el~ vacating this easement will have
a negative impac~ on the value os his proper~y.
~r. Bob and Mrs. Rose ~arie ~art, proper~y owners rmqumstlng
th~ vacation, stated the property is between two lots; that the
property divides two properties in half; that t~ey bare resided
in their home for approximately twenty y~ar~; that the County
has no future plans to use the property; end requested the
Board to approve the application for the vacation.
93-S09 11/23/93
There was brief discussion relative tO whether adjacent
property owners have used the property for access to their
property; use of the property by the County for services; the
property separating two lots; Whether ho~ee are located on all
~hree parcels; and ~r. Anderson having access tG the property.
Mr. McHale inquired as to whether this request is Oeneimtent
with County prooe~ures. Mr. John harmon, ~ight of Way
for the Utilities Department, stated the r~quest is
with County procedures and staff has reviewed th= request and
recommends approval-
On motion of Mr. Warren, Seconded by Mr. Colbert, the Board
adopted the following e~dinanee:
AN ORDINANCE whereby the COUNTY GF CHESTERFIELD~ VIRGINIA,
('~G/L%/qTOR") vacates to RO~ERT W. ~ART and ROSE F~%RIE Y. HART,
("GRANTEE"), a~ Ordinance to vacate a 15~ alley w~thin
Redford~s Subdivision, formerly Lo%s 8 and l0 of Fa11ing Creek
Subdlvi~ion, BERMUDA Magisterial Dietrict, Chesterfield Cott~ty~
Virginia, as shown on a ~lat thereof ~uly recorde~ in the
CterR'~ Office of the Circuit Court of Chesterfield County in
Plat Book ~ Page 71.
W~EREAS~ ROBERT W. HART and ROSE F~%RIE ¥. HART, petitioned
the Board of Superviaors of Chesterfield County, Virginia to
vacate a 15' alley within Redford'~ Subdivlefen~ formerly Lots
8 and 10 of Falling Creek Subdivision, BBPJ~3DA Magisterial
Dist~iot, Chesterfield County, Virginia note particularly shown
on a plat of re~Qrd in the dl~rk'~ Office of the Circuit Court
of said County in Plat Book 5, Page 71, by W. W. LAPRAD~
BROS., dated APRIL 1~, 1929, an~ revieed A~RIL ~7~ 19~9. The
alley ~¢titioned to be vaoated ~ ~ore fully described ae
follows:
An ur~inance to vacate a l~' alley within
Redford's subdivision, formerly Lots 8 and
· 0 of Falling creek subdivision, the location
of which is m~re f~lly ~hOW~, on a plat made
by W. W. LAPRADE & BROS., dated APRIL 15, 1929,
end r~vis~d A~RIL ~7, 19~9~ a copy of which
attached hereto and made a part of ~his Ordlnancu.
WI{EREAS! notice has been given pursuant to section 15.1-
431 of the Code of Virginia, 19~0, as amended, by advertising;
That pursuant to Section I5.1-482(~) o~ the Code
Virginia, 1950, aE amended, the aforesaid alley be and
hereby vacated.
Thio Ordinance ~hall h~ in full force and effect in
accordance with Section 15.1-4S2(b) of th~ Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
Circuit Court of Chesterfield County, Virginia pureuant to
I I
portion cZ the ~lat vacated. This Ordloanca shall vest fee
simple title of the alley hereby vacatedin the property owner
cf the abutting lots frae and clear of any rights of public
Aecordlngl¥, this ordinance shall be indexed in the names
of the county of chesterfield as granter and ROBERT W. HART and
ROSE MARIE }L~RT, or their successors in title, as grantee.
Vote: Unanimous
94BN0142
In Matoaca Magisterial District, TXE~EBTBRFIELD COUNTY
OF SUP~VIBO~ requests rezoning from Agricultural (A) and
Light Industrial (M-l) to General Industrial (I-Z). Industrial
~ses are planned. The density of such amendment will be
controlled by zoning c~ndltlons or Ordlnan~ standards. The
Comprehensive Plan designates the property fo~
approximately 850 feet on the east line of ~ood~ End Road,
approximately 250 £oe~ on th~ west llne of Wood~ ~nd Roa~,
approximately 1~600 feet o~ t~e east li~e of the CSX Railway
right of way, and approximately 6,000 feet on ~h8 wes% llna of
Route 1-95, and located upproximut~ly ~$0 feet south of the
intersection of Wood~ End ~ ~o~ ~gu Ro~s. Tux ~ap 149-16
[1} Put=els i und ~; Tux Map lS0-~ (1) Parcel 2; and Tax
1~0-13 (1] Parcels 2 and 3 (sh~ 41, 42, 49 and
~. Jaco~mon pre,ended a s~ry of Ca~e 94SN0142 and
due to an error by ~taff in the notifi~atio~ to
1993 in order for the Planning Co~ission to hold another
publi~ hearing on DG~e~er 8, 1993.
On motion of ~. MoHale~ seconded by ~. Colbert, the Board
deferred C~$e 94SN0142 until Deoe~r 15, 1993.
Ayes: Nr. Warren, ~. ~arb~V, ~. Colbert, and ~r.
Absent: Mr. Daniel.
In Bermuda Magisterial DistriCt,
Conditional Use to permit outdoor recreational facilities for
boat slips and a boat ramp in an A~rloultursl (A)
The density cf such umand~ent ~ill be controlled by zoning
conditions o~ ordinance standards. The Comprehensive Plan
desi~mate~ the property for residential use of 1.50 unlt~ per
approximately 1,OB0 feet off the south tine of Eton Church
Rcad~ approximately 2~700 feet we~t of Point of Rocks Road.
Tax Map 15~-15 (2) Cameron F=rm~, Part of Lot 62 and Tax Map
135-14 (~) Cameron Farms, Partm of Lots 59, 60 and 61 (Sheet
~r. Jaoobson presented a summary of Case 955N0=33 an~ stated
staff recommends deferral subject to the spplisant adcl~e~ing
transportation ~paotn. ~11ere wa~ no oppo~itlon pre,ant.
defe~ed Ca~e 95SN0233 ~ntll January ~6, 1994.
Ayes: Mr. Warren, Mr. Barber, Mr. Colbert, and ~r. ~cKale.
Absent: Mr.
94SN0115
In Dale Magisterial District, RIOHKO~D cELL~R TELEPHONE
¢O~Pi~Y reguests a Conditional Uae ~lann~d Development to
permit a 150 foot communications tower and setback exceptions
in an Agricultural (A) District. The density of such amendment
will be controlled byzening conditions or ordinance standards.
The Comprehensive Plan designates the property for residential
use of 1.51 to 4.0 units per acre. This request lies on a 0.27
acre parcel lying approximately 1,2~0 feet off the wemt llne of
Hopkins Road, measured from a point approximately !00 feet
ner:h of Route 2S8. Tax ~ap 81-9 (1) Part ef Parcel ~4 (Sheet
23).
Mr. Jacobsen presented a ~ummary of Case 94~N0113 and ~tated
tho Planning Commleeion and staff recommends approval
to condltion~. ~s noted the request conforms with the Central
Area Land Use and Transeortation Plan.
M~. John Par~on~, representing the applicant, state~ the
recommendation was acceptable. Th~r~ wa~ no opposition
pre~ent.
On notion of F~T. Colbert, ~eoonded by F~r. Barber, the Board
approved Case 94SN0113 subject to the £011owinq conditions:
1. There shall bm no signs permitted to i~e~tify this use.
(P)
2. The base of the tower shall be enclosed by a ninim~
(5) foot high fence, desipned to preclude trespassing.
The fence shall be placed so as to provide s~ffioient room
to accommodate evergreen plantings having an initial
tower and the equipment building from the adjacent
property and Ro~ta 288. A ~etailed plan ~epicting this
requirement ~hall be ~ubmltted to the ~larn~ing Department
for approval in ¢0njunnt~cn w~th floe1 site plan review.
(P)
Any building or mechanical equipnent shall comply wit/%
Section 21~1-248 Of the Zoning ordinance relative to
architectural treatment of building exterior~ and
~creening of mechanical equipment.
(NOTE: This condition would req~ire tho screenloq of
mechanical equipment located on the building er ground-
Screening would not be required for the tower or tower-
mounted equipment.)
4. Prior =o release of a building p~rmit for th~ tower, a
copy of FAA approval shall be submitted to the Planning
Department. {P)
5. The tower and equipment shall b~ ~eslgned and installed so
as not to interfere with the Chesterfield County Public
Safety Trunked System. The developer shall p~r£orm an
engineering study to determine th= possibility of radio
frequency interference with the County system. Prior to
~elea~e of a building permit, the ~tudy~hall be subnitted
to, an4 approve4 ~y, the chesterfield County
Communications and Eleetro~ie~ staff. (Ge)
6. ~he developer shall be responsible for correcting any
frequency problems which affect the Chesterfield County
Public Safety Trunked System caused by this use. Such
eerrectlons shall b~made immediately upon notisioatlon by
the Chesterfield County Communicatlon~ and Electronics
staff.
Ayes:
Absent:
The color and lighting ~ys%~m for the tower shall be as
follows:
a. The tower ~hall be grey or another neutral COlOr,
acceptable to the ~lenning Department.
b. Nedium intensity ~trobe ~ightn wi~h upward
reflection nay be used during daylight hours.
c. Soft bti~ki~ red lights may be used during night-
time hours.
All driveways and parking areas shall
paved and maintained to minimize dust problems an~ provide
ease ef ingress an~ egress.
In conjunotion with the approval of this requemt, the
following setback exceptions shall be granted:
a. A sixty-five (~$) fOOt exception to the required
seventy-five (75) Zoot free= yard sotbao~ for
structures.
b. A twenty (80) foot ~×ception to the repuired forty
(40) foot aid= yard setbac~ for
A forty (40) foot eMoeption to the required fifty
Mr. Warren, ar. ~arber, Mr. colbert, and Mr. ~oKa!e.
Mr. Daniel.
94~N~
In ~ermuda Magisterial Di$~riot, E~=ON OORPOR~TION requests
rezoning from Agricultural (A) to Heavy Industrial (I-$). An
asphalt terminal is currsntly located ~n a portion of the
property. However, with approval Of thi~ request, other heavy
industrial uses would be p~rmitted. The density of ~uch
amendment will b~ controlle~ by zoning conditions ur Ordinance
standards. The Comprehensive Plan designates the property for
general industrial use. This request lies on a ~1.4~ acrs
parcel known as 7700 Fort Darling Road. Tax Map 68-5 (1)
the Planning Co~ission and staff race--ends approval subject
to condltlon~ and acceptance of the proffered conditions. He
noted the request conforms to th~ Jefferson Davis Corri~p~.
Plan.
Mr. Walter Wytha, representing the applicant, stated the
recommendation was acceptable. T~er~ wan DO opposition
present.
On motion of Mr. MGHale, seconded by Mr. Colbert, tt~a Board
approved Case 945N9123 subject to the following condition:
A buffer shall be ~ai~tained along the Ja~ss River. This
buffer shall con~iet cf all property between the James
River and the seventy-five (75) foot contour and fifty
(~0) feat landward of the seventy-five I75} foot
The removal of vegetation to accommodate improvements in
th6 buffer shall be permitted only upon approval by the
D~r~cter of Planning.
An~, further, the Board aecep~e~ the following preffered
conditions:
93-813 55/~3/93
In conjunction with and p~lor to any future site plan
approval, a 25 foo~ non-ex~Iuoiva pedestrian
easement shall be gra~ted to and for Chesterfield Connty
subject to the matters est forth en the list of title
exceptions, numbered 3 ~hrough 14 inclusive, s~t forth on
Exhibit "k" attached hereto. Such easement shall be in
form and eubstanc~ reamonably sa~is£actory to the County
an~ the owner of the property and the exact location shall
be approved by the Department of marks and Recreation at
the time o~ Site Plan Review, but shall generally run
parallel to existing Fort Darling Road.
EXHIBIT A
3. ~asement: shell O~1 Company, Incorporated to
Virginia Electric and ~ower Company, dated
April 15, 1943, recorded May 12~ 1943, in Deed
Book 277, page 509. Grants easement for pole
lis~ and appurtenances thereto, of an
unspecified width at designated and
undesignated locations, with rights of
egres~ and olearage. Plat recorded therewith
shows easement ~ff~cting a portion of so~thern
side line.
Reservation and easement as contained in
Limited Warranty Deed from Shell Oil Company to
Exxon corporation dated Aprll 6, 1978, recorded
May 2, 197~ in Deed Book 1314, page 737.
5. Pipeline Easement ~gre~ment between ~hell Oil
Company! Incorporated and Defense Plant
Corporation, dated June 14, %9~ recorded ~nly
~2, 1943, in Deed Book 9?A, page 496. Grants
easement 30 fee~ wide for gas, oil, petroleum,
pipeline across center of pre~ises, together
with rights of ~ngress, egress, and ol~arage.
6. Power o~ Attorney recorded september 21, 1978,
in Deed Book 1~46, page 679.
7. Easement: Shell Oil Company, Incorporated to
virginia Electri~ and Power Company, dated June
21, 1939, recorded ~uly 27, 1939, in Deed BOOR
and appurtenances th~retc~ with ~ights of
therewith show~ easement acro~s a portio~ of
southern side line.
s. Easement: Shall Oil ~ompany to Plantation Pipe
Line Company, date ~une ~1, 1977, recorded July
8, ~977, in D~d Book 1262, page 354. Grants
pipeline easement 1~" wide (reducing to an
pipeline) for the tranepertetlon of
petroleum or ot~r liquid hydrocarbons thereof,
together w~th rlqhta of ingress, egress, and
¢learage.
9. ~asement: Shell Oil Company to Virginia
Else=rio and Power Company, dated February 17,
1958, recorded F~y l~, 19DS, in Deed Book
page 223. Grants easement for pole line and
appurtenances thereto, 0£ an unspecified width
at designated and undesigned locations,
rights of ingress, egress, and olearage. Plat
recorded therewith shows easement along
Ayes:
Absent:
10. Water Eame~entAgreement: Exxon Corporation to
County of C~ester£ield, Virginia, dated May 29,
198u~ recorded March 26, 1981, in D~d Book
1~1, page 662. Grants easement 16 feet wide
for pipeline and appurtenances thereto, with
rights Of ingress, egress, and olearege,
through =enter of pr~misem and along rear.
Pipeline Easement: Exxon Corporation to
~. I. DuPsnt De Nemours and Company~ dated
January 31, 19~0, recorded February 14,
1989, ~n Deed Book 1453~ page &5. Grants
,as~ment 2~ feet wide for pipeline and
appurtenances thereto With rights of
ingress, egress and elearage.
1~. Amendment of Easement: ~xxos Corporation
to E. I. DuPont De N~mour~ and Company~
~ate Ja~a~ 1~, 19S4, r~corded Feb~a~
8~ 198~ in Deed BOOk 1642, page
Deed to County of Chesterfield, dated June
Deed Book ~96, page 1S0~.
14. Eas~ents as contained in deed from
Virginia Trust Company and Margaret N.
deceased, to Shell 011 Company,
P~ior to obtaining a building permit, on~ of the following
~halt be accomplishe~ fur fire protection.
The o~, devmloper or assignee(s) shall pay to the
Oounty $150 per l,O00 ~quare feet of ~o~ floor
area of any building, adjusted u~ward or 4ownward
the ~ame perce~tag~ that the Marshall SWiSt D=ildlng
~e county's Fire ~iaf, the owner, developer
suppression system not oth~i~e required by law
which ~s ~ncluded as a part of the development.
~e o~er, developer or a~signee(s) shall provide a
fire supDresslon system no~ othe~ise re~ire~ by
law which the co~nty*~ Fi~% Chief determines
substantially reduces the n~e4 for Co~=y faciliti~s
otheTwise nece~sa~ for fi~ protection of the
s~ject property.
~. Daniel+
C0,~R 0P VIRGINIA, 1950, AS ~MENDED,~F.~R CONfiULTATION
WITH LBGAL COUNSEL TO
RE~E~ TO ~E M~LODY
O~ motion of ~r. ~cHal~, seconded by
went into Executive Session pur~uan~ to s~c=ion ~.1-344(a) (7),
Cod~ o~ Virginia, 19~o, as ~m~dad, for consultation wi~ leg~l
G0~$$1 to di~cuss spccifio legal matters r~la%~d to ~e Melody
School of Dunce Zoning Appeal.
Ayes: ~. Warren~ Mr. ~arber, ~. colbert, a~ ~. McHale.
Absent: ~. Daniel~
Reeonvening:
On motion of Mr. McHele, seconded by lit. ~arber, the Board
a~opted the following r~olution:
WI{EREA~, the Beard of supervi~orn ha~ this day adjourned
into Executive Session in acc0rd~nce with a formal votm of tho
Board and in accordance with the ~revi~ion~ of the Virginia
Freedom ef Info,marion Act; and
W~RFAS, the Virginia F~eedom of Inform~i0n Aot effective
July 1, 19~9 ~=evides for cer~ifioatien that such Executive
S~io~ was conducted in con£O~it¥ with law.
HOW, THE~FOR~ B~ IT RESOLVED, the Board of Supervisors
do~ hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
Act were di~u~ed in ~ Executive Session tO which this
certification applies, and
ii) only uUCh pUDlio business matt~r~ aa were identiSi~d
in %ho ~otio~ by ~hich the Executive Session wa~ convened were
heard, discussed or considered by the Board. NO ~ember
dlss~n%s from ~is c~rtilication.
~. McHale : Aye.
~. Colbert: Aye.
~. Warren : Aye.
~b~ent: Mr. Daniel.
Arthur S, Warren
Chairman
93-816