2002-08-28 MinutesBOARD OF SUPERVISORS
MINUTES
Au~rust 28, 2002
Supervisors in Attendances
Mr. Kelly E. Miller, Chairman
Mr. Arthur S. Warren, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny Bush Humphrey
Mr. J. L. McHale, III
Mr. Lane B. Ramsey
County Administrator
Staff in Attendance~
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Craig Bryant, Dir.,
Utilities
Ms Jana Carter, Dir.,
Youth Services
Ms Marilyn Cole, Asst.
County Administrator
Ms Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms Rebecca Dickson, Dir.,
Budget and Management
Mr. Robert Eanes, Asst. to
the County Administrator
Ms Lisa Elko,
Clerk
Chief Stephen A. Elswick,
Fire Department
Ms. Karla Gerner, Dir.,
Human Resource Mgmt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Lawrence C. Haake, III
Registrar
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Ms. Mary Lou Lyle, Dir.,
Accounting
Mr. Mike Mabe, Dir.,
Libraries
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
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08/28/02
Dr. William Nelson,
Dir., Health Dept.
Mr. Glen Peterson, Dir.,
Community Diversion
Incentive Program
Mr. Francis Pitaro, Dir.,
General Services
Ms. Karen F. Russell,
Risk Manager
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Miller called the regularly scheduled meeting to order at
3:12 p.m.
1. APPROVAL OF MINUTES FOR JULY 24, 2002
On motion of Mr. Warren, seconded by Mr. McHale, the Board
approved the minutes of July 24, 2002, as submitted.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey introduced Ms. Linda Gormus, Ms. Joyce Sanders
and Ms. Susan Cantrell, members of the Long Term Care
Council, who presented Board members with a copy of the
council's revised 2002-2003 Resource Directory.
Mr. Bryant provided an overview of the effectiveness of
the restrictions in reducing water use and the number of
violations. He stated that 'there have been 364 calls
regarding violations, 187 calls that required
investigation, and 97 total violations to date. He
further stated that a significant reduction is occurring
on Mondays, and two to three million gallons less are
being used on other days. He stated that the Swift Creek
Reservoir is down 3.2 feet, noting that the previous low
for August was 2.6 feet below spillway.
When asked, Mr. Bryant stated that the county receives
approximately 35 to 40 percent of the county's water
supply from the City of Richmond.
Mr. Miller inquired about using revenue collected for
water violations to assist citizens having difficulties
with their wells.
Mr. Ramsey stated that the county has a team of employees
working on issues for citize~LS with well difficulties.
He further stated that the team is investigating fire
companies filling large tanks of water and arranging for
the tanks to be delivered to citizens whose wells have
gone dry.
Mr. Hammer stated that yesterday the governor ordered the
State Health Director to expedite all well processing.
He further stated that county staff advises consumers to
consider deep drilling of wells.
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08/28/02
When asked, Mr. Micas stated that deep drilling of wells
could be made a part of the county's development
standards for new homes.
Mr. Hammer introduced Mr. Mike Mabe, the county's new
Director of Libraries.
Mr. Ramsey introduced Ms. Jo Lin Rohr, the county's new
Quality Coordinator.
3. BOARD COMMITTEE REPORTS
Mr. Barber stated that on September 9, 2002, he will host a
meeting, together with Midlothian School Board
representative, Dr. James Schroeder and Midlothian Planning
Commissioner Dan Gecker, relative to growth as it relates to
schools.
Mr. McHale stated that the Southeast Tourism Society has
announced that the James River Parade of Lights is one of the
top 20 events in the southeast during December. He commended
Ms. Kim Conley, Government Affairs Specialist, for her
efforts in coordinating the Parade of Lights event.
Mr. Warren stated that he held a constituents' meeting on
August 15, 2002 relative to crime prevention in the county,
and will hold another constituents' meeting on September 19,
2002 regarding fire response challenges. He recognized Mr.
Harry Daniel, former Board member, who was present at the
meeting.
Mrs. Humphrey stated that she is anticipating the opening of
the new Matoaca High School next week and will be holding
several constituents' meetings at the new facility in the
upcoming months.
Mr. Miller stated that he will resume his constituents'
meetings in September 2002. He further stated that his last
constituents' meeting relative to group homes was well
attended and indicated that he is looking into his residents'
concerns regarding the issue of group homes.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN
THE ORDER OF PRESENTATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
added Item 8.C.l.f., Resolution Requesting the Governor to
Declare Chesterfield County a Disaster Area for Agricultural
Crops; replaced Item 8.C.18., Appropriation of Funds and
Authorization to Execute a Developer/County Loan Agreement
for the Genito Road/Woolridge Road Intersection Improvement
Project; and adopted the agenda, as amended.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5.A. RECOGNIZING SEPTEMBER 23, 2002, AS ~FAMILY DAY" IN
CHESTERFIELD COUNTY
Ms. Carter introduced Mr. Christopher Lindbloom, Chairman of
the Drug and Alcohol Abuse Task Force and Substance Abuse
Free Environment (SAFE), who was present to receive the
resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the observance of "Family Day - A Day to Eat
Dinner with Your Children" provides a unique opportunity for
families in Chesterfield County to join one another at the
dinner table as a means .of strengthening family
relationships; and
WHEREAS, parental influence is known to be one of the
most crucial factors in determining the likelihood of
substance abuse by teenagers; and
WHEREAS, surveys conducted by the National Center on
Addiction and Substance Abuse have consistently found that
children and teenagers who routinely eat dinner with their
families are far less likely to use cigarettes, alcohol and
illegal drugs; and
WHEREAS, meal times offer opportunities for families to
spend time together, providing a basic structure that
strengthens and encourages lasting relationships; and
WHEREAS, young people from families who almost never eat
dinner together compared to those 'that do are 72 percent more
likely to use cigarettes, alcohol and illegal drugs; and
WHEREAS, the correlation between family dinners and
reduced risk for teen substance abuse is well documented; and
WHEREAS, Chesterfield County Youth Services and the
Chesterfield Coalition for a Substance Abuse Free
Environment, Incorporated (SAFE) are promoting the importance
of family dinners to parents in Chesterfield County,
Virginia; and
WHEREAS, Ukrop's Super Markets are supporting "Family
Day" by disseminating information about the importance of
family dinners; and
WHEREAS, the Chesterfield County Board of Supervisors
recognizes that eating dinner as a family is an important
step toward raising drug-free children.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Monday, September 23,
2002, as "Family Day - A Day to Eat Dinner With Your
Children," to recognize the positive impact of strong family
interaction on the well being and future success of the young
people in Chesterfield County.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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08/28/02
Mr. Miller presented the executed resolution to Mr.
Lindbloom, accompanied by Ms. Carter, and encouraged
residents to participate in ~Family Day."
Mr. Lindbloom expressed appreciation to the Board for
recognizing ~Family Day." He recognized members of SAFE who
were present at the meeting.
5.B. RECOGNITION OF 2002 NACO ACHIEVEMENT AWARD WINNERS
Ms. Cole stated that this year Chesterfield County is the
recipient of 16 Achievement Awards from the National
Association of Counties (NACo). She further stated that
Public Affairs also received 15 awards from the National
Association of County Information Officers (NACIO).
Mr. Miller, accompanied by Mr. Ramsey, recognized the
following recipients and presented them with the 2002 NACo
Achievement Awards:
Department
Project
Community Corrections
> Domestic Violence Victim
Advocate
County Administration
> Public Safety Interagency
Emergency Communications:
Regional Cooperation
(BEST IN CATEGORY)
Environmental Engineering
> James River High School
Stream Restoration Project
> Storm Drain Marking Program
General Services
> Brush/Stump Mulching: A
Public/Private Partnership
> Fleet Management Division
Employee Career Development
Program
Health & Extension Services
> West Nile Virus Surveillance
2001
Human Resource Management
> First Choice Orientation
Program
Human Resource Management
and Police Department
> Education and Procedure Based
Workplace Violence Program
Library
> Bermuda Run Reading Center
> Tuesday Night Westerns
Mental Health/Mental
Retardation/Substance
Abuse
> Collaborative Youth Services
Program
> Continued Learning Institute
Program
Registrar
> Election Reporting and Voter
Verification
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Utilities Department
> Utilities Call Center Delivers
Service Excellence By Focusing
on "Back to the Basics"
Youth Services
> "Student vs. Marijuana" -
School/Legal Consequences for
Youth Drug Use
Mr. Ramsey and Mr. Miller congratulated and commended each
department on their recognitions.
Mrs. Humphrey requested a brief written description of each
of the programs/initiatives that received a NACo award.
6. WORK SESSIONS
There were no work sessions at this time.
7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. ANNUAL CASH PROFFER INFORMATION AND ADOPTION OF MAXIMUM
CASH PROFFER PER LOT FOR FISCAL YEAR 2003
Ms. Dickson presented an update on cash proffers. She
reviewed summary statistics as of July 1, 2002, including
$54.7 million proffered to date; $11.0 million collected;
$7.7 million appropriated; 12,102 lots created with cash
proffers; and 2,943 lots paying cash proffers.
Mr. McHale inquired about the distribution of funds that have
been appropriated.
Ms. Dickson stated that the distribution is very specific and
strictly monitored. She further stated that funds collected
within a specific zone are used strictly for the impacts of
the area served.
Mr. Warren stated that it costs more to develop certain areas
of the county than other because of the current overcrowding
in schools, roads, etcetera. He noted that the current
policy does not reflect any difference in the cost of
development in various parts of the county.
Mrs. Humphrey requested a map of the traffic sheds and high
school zones.
Mr. Ramsey stated that, as a result of the Growth Summit, a
meeting is being scheduled with Schools relative to
recommendations from the Summit including differential
proffers. He further stated that the findings should be
complete in approximately three weeks.
Mr. Miller inquired about what is being done to identify high
growth areas.
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Mr. Ramsey stated that identifying high growth areas is an
ongoing project - the Growth Phasing Analysis. He further
stated that some phases of the analysis have been completed
and total results of the analysis should be complete by the
end of 2002.
Ms. Dickson reviewed cash proffer collection data from 1997
through 2002 projected. She then reviewed collections/
appropriations by category; percentage of units paying
proffers to total building permits; and net cost trends. She
stated that staff has calculated $10,425 as the net cost per
household for FY2003. She noted that the School cost
increase is primarily due to updated land and construction
costs for new schools as well as adding new schools to the
inventory base, and the road increase is primarily due to
rising construction costs as well as decreased revenue from
the Virginia Department of Transportation for road projects.
Mr. Miller expressed concerns that the county is subsidizing
the difference between the current maximum cash proffer of
$7,800 and the $10,425 calculated cost of a new unit.
Discussion ensued
methodology used
amount.
relative to the development of the
to determine the maximum cash proffer
When asked, Ms. Dickson stated that if a zoning case has
already been heard by the Planning Commission, the maximum
cash proffer would be grandfathered at $7,800. She reviewed
two staff practices relative to cash proffers that the Board
is being requested to incorporate into its cash proffer
policy: 1) not considering the transfer of ~density credits"
to properties beyond the boundaries of the existing zoning
case when evaluating the impact of a request on capital
facilities; and 2) assuming lower estimated lot yields as
part of the process of determining how much additional impact
will result from a higher density rezoning application, which
will replace "theoretical" lot yield calculations with the
more accurate ~average" lot yields actually experienced by
developers when calculating impacts.
Mr. Ramsey clarified that these two practices only apply to
the application of cash proffers.
Ms. Dickson stated that staff recommends that the Board adopt
a maximum amount up to the new calculated cost of $10,425 per
unit; adopt the Marshall and Swift Cost Index increase of 1.7
percent for cash proffer cases already approved; and
incorporate staff's practices relative to transferring of
~density credits" and the use of "average actual" lot yields
rather than theoretical yields into the cash proffer policy.
When asked, Ms. Dickson stated that cash proffers are paid
when a building permit is applied for.
Mr. Micas stated that county policy determines that cash
proffers be paid at the time of application for a building
permit. He further stated that a capital impact is not
created until the house is built, indicating that it would be
legally difficult to collect prior to applying for a building
permit.
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08/28/02
Mrs. Humphrey inquired about the possibility of earlier
collection of cash proffers in areas with road issues and
overcrowded schools.
Mr. Micas stated that the Board could explore changing its
policy, but cautioned the Board that the closest connection
between impact and the need for capital facilities is the
building permit.
Mr. Miller expressed concerns relative to changing the policy
because property could be zoned and never built upon for
various reasons.
Mr. Barber made a motion for the Board to approve staff's
recommendation regarding policy changes and the Marshall and
Swift Cost Index and refer to the Planning Commission the
report relative to making a recommendation on the maximum
cash proffer when the Commission considers differential cash
proffers. He stated that he feels both the Planning
Commission and Board should hold public hearings on the issue
because it is difficult to make a decision without public
input.
Mrs. Humphrey seconded Mr. Barber's motion. She stated that
she feels the issue of differential cash proffers should
considered by the Planning Commission first. She further
stated that she wants this issue reviewed thoroughly in terms
of the Matoaca District, and indicated that growth concerns
are the most important issue before the Board at this time.
She urged Mr. Ramsey to expedite the report on differential
cash proffers, and requested information relative to when
cash proffers are being paid in other localities. She also
requested that the business community be provided with a copy
of Ms. Dickson's presentation.
Mr. McHale expressed concerns relative to the time involved
with referring the issue to the Planning Commission. He
stated that the Board's cash proffer policy is a methodoloqy
that was determined in good faith by the building industry
and staff, and indicated that he is confident that the costs
reflected in net cost trends are the best professional
estimates available. He further stated it has been twelve
years since the homebuilders and realtors have had an
opportunity to discuss the cash proffer policy with staff.
He stated that he feels the cash proffer maximum needs to be
closer to $10,000, and also feels the issue of differential
cash proffers is worthy of discussion. He suggested that the
Board implement a maximum cash proffer amount of $9,000 now;
accept the recommendations regarding incorporating staff
practices into the Board's cash proffer policy and adoption
of the Marshall and Swift Cost Index increase of 1.7 percent
for existing cash proffer cases; and ask the County
Administrator and staff to meet with representatives of the
homebuilders and realtors and any other interested parties as
well as a Planning Commissioner relative to the cash proffer
policy.
Mr. McHale then made a substitute motion for staff to meet
with homebuilders and realtors regarding the cash proffer
policy, provide a recommendation to the Board no later than
November 26, 2002, and direct the Planning Commission to
review differential cash proffers.
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08/28/O2
Mr. Warren asked for clarification of Mr. McHale's motion.
Mr. McHale clarified that his substitute motion included
adopting a $9,000 cash proffer maximum immediately; directing
staff to study the methodology for cash proffers, directing
the Planning Commission to review differential cash proffers;
incorporating staff's two policy changes into the Board's
cash proffer policy; and adopting the Marshall and Swift Cost
Index increase of 1.7 percent.
Mr. Miller seconded the motion made by Mr. McHale.
Mr. Barber stated that he cannot support the $9,000 maximum
cash proffer because the amount is subjective.
Mr. McHale stated that it is staff's position that all cases
that have already been heard by the Planning Commission would
be grandfathered at the maximum cash proffer amount in effect
at the time the case was heard by the Planning Commission.
He further stated that the Board's practice would not change,
indicating that lower cash proffers have been accepted in
cases that would not impact capital facilities.
Mr. Miller stated that he will support the substitute motion,
indicating that he feels $9,000 is reasonable based on
current methodology. He further stated that he feels the
issue is one of policy and does not think it needs Planning
Commission review.
Mr. Barber stated that he feels differentiated cash proffers
are a Planning Commission issue and that $9,000 is an
arbitrary amount; therefore, he cannot support Mr. McHale's
substitute motion.
Mr. Miller stated that the Board could refer the issue of
differential cash proffers to the Planning Commission at a
later time.
Mrs. Humphrey stated that she seconded Mr. Barber's motion
because of referring the differential cash proffer issue to
the Planning Commission.
Mr. McHale stated that he does not feel the cash proffer
maximum provided by staff is an arbitrary figure.
Mr. Barber stated that it is not the maximum figure provided
by staff that he feels is arbitrary, but rather the $9,000
figure in Mr. McHale's motion.
Mr. Miller noted that in past years the Board has adopted
something less than what staff has recommended.
Mr. Warren stated that he will support the substitute motion
and feels differential cash proffers should be further
investigated.
Mr. Miller called for a vote on the motion of Mr. McHale,
seconded by Mr. Warren, for the Board to adopt a $9,000 cash
proffer maximum; direct staff to study the methodology for
cash proffers, direct the Planning Commission to review
differential cash proffers; incorporate staff's two policy
changes into the Board's cash proffer policy; and adopt the
Marshall and Swift Cost Index increase of 1.7 percent.
Ayes: Miller, Warren, Humphrey and McHale.
Nays: Barber. '
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8 · B. APPOINTMENTS
On motion of Mr. McHale, seconded by Mr. Warren, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment of members, to serve on the Joint
Accident Review Board, Richmond Metropolitan Convention and
Visitor's Bureau Board of Directors, and Youth Services
Citizen Board.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.B.1. JOINT ACCIDENT REVIEW BOARD
On motion of Mr. Barber, seconded, by Mr. Warren, the Board
simultaneously nominated/appointed Captain Donald Reekes to
serve on the Joint Accident Review Board, whose term is
effective immediately and will be at the pleasure of the
Board. (It is noted Captain Reekes will replace Captain
David Daniels as the Fire and Safety Division's
representative.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.B.2. RICHMOND METROPOLITAN CONV~ION AND VISITOR'S BUREAU
After brief discussion, on motion of Mr. Warren, seconded by
Mr. McHale, the Board simultaneously nominated/appointed Mr.
Edward Barber to serve on tlhe Richmond Metropolitan
Convention and Visitor's Bureau (RMCVB) Board of Directors,
whose term is effective immediately and expires December 31,
2002.
And, further, the Board set the annual compensation for
service on the RMCVB Board of Directors at $3,000. (It is
noted Mr. Barber will fill the unexpired term of Mr. Warren.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.B.3. YOUTH SERVICES CITIZEN BOARD
On motion of Mr. McHale, seconded by Mr. Barber, the Board
simultaneously nominated/appointed the following people to
serve on the Youth Services Citizen Board, whose terms are
effectively immediately:
Member
Ms. Diann DeLaPena (adult)
Ms. Lauren Hardison (student)
Ms. Marianne Feeney (adult)
Mr. Nicholas S. Malone (adult)
Ms. Kathy Day (adult)
District
Bermuda
Clover Hill
Clover Hill
Clover Hill
Dale
02- 563
Expiration Date
June 30, 2004
June 30, 2003
June 30, 2004
June 30, 2005
June 30, 2003
08/28/02
Ms. Victoria K. Barth (adult) Dale June 30, 2003
Ms. Jaclyn Murphy (student) Matoaca June 30, 2003
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C. CONSENT ITEMS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
removed the following items from the Consent Agenda for
public comment: Item 8.C.16.d., Acceptance of a Parcel of
Land for the Extension of Quaiff Lane from Lewis M. Walker,
III, Robert C. Walker and Mary Walker Seward; and Item
8.C.17.f., Request for Permission from The Salisbury Club,
Limited to Install a Private Water Service for Irrigation
Purposes Within a Private Easement to Serve Property on
Starcross Road.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.1. ADOPTION OF RESOLUTIONS
8.C.l.a. RECO~NIZIN~ MRS. MARY E. TAYLOR, INFORMATION
SYSTEMS TECHNOLOGY DEPARTMENT, UPON HER RETIREMENT
On motion of Mr. Barber, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mrs. Mary E. Taylor began her public service
with Chesterfield County as a computer operator for the
Information Systems Technology Department in March 1975; and
WHEREAS, Mrs. Taylor provided excellent support services
to the computer operations staff; and
WHEREAS, as a computer operator, Mrs. Taylor
demonstrated exceptional ability to accurately operate and
monitor mainframe computer and peripheral equipment to allow
maximum utilization of resources and managed spooled reports
to ensure timely printing; and
WHEREAS, Mrs. Taylor has provided 27 years of quality
service to the citizens of Chesterfield County, with
significant accomplishments in her ability to monitor CICS to
identify and resolve production problem situations and
maintain response time; and
WHEREAS, Mrs. Taylor has demonstrated a commitment to
excellence and total dedication to Information Systems
Technology's strategic and tactical support of county
objectives; and
WHEREAS, Mrs. Taylor has earned respect and admiration
for her work ethic, and her dedication and loyalty was
exhibited throughout her tenure with the Information Systems
Technology Department; and
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WHEREAS, Mrs. Taylor's professionalism, enthusiasm and
loyalty will be remembered by all; and
WHEREAS, Chesterfield County and the Board
Supervisors will miss Mrs. Taylor's diligent service.
of
NOW, THEREFORE BE IT RESOLVED~ that the Chesterfield
County Board of Supervisors recognizes Mrs. Mary E. Taylor
and extends their appreciation for her dedicated service to
the county, their congratulations upon her retirement, and
their best wishes for a long and happy retirement.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.l.b. SUPPORTING THE PLEDGE OF ALLEGIANCE
On motion of Mr. Barber, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the first Pledge of Allegiance to the flag of
America was written by Francis Bellamy in 1892, and was
recited by millions of students in public schools throughout
the country for years; and
WHEREAS, on June 14, 1923, the words, ~the Flag of the
United States of America" were substituted for the words, "my
flag" in the original version; and
WHEREAS, in June of 1954, then-President Dwight D.
Eisenhower shepherded passage of an amendment that added the
words, "under God" after "...one nation" in the pledge; and
WHEREAS, President Eisenhower said, ~In this way, we are
reaffirming the transcendence of religious faith in America's
heritage and future; in this way we shall constantly
strengthen those spiritual weapons which forever will be our
country's most powerful resource in peace and war"; and
WHEREAS, the words, "In God We Trust" are the national
motto, adopted by Congress on July 30, 1956; and
WHEREAS, the coins and currency of the United States
similarly bear the words, ~In God We Trust"; and
WHEREAS, President Abraham Lincoln, in his famous
Gettysburg address in 1863 referred to "...this nation, under
God."
NOW, THEREFORE, BE IT RESOLVED that despite the recent
California court case that questioned the appropriateness of
having the words ~under God" as part of the pledge, the
Chesterfield Board of Supervisors hereby expresses its
support for the continued use of the Pledge of Allegiance--
including the words, ~under God," in our schools, public
meetings, ceremonies and for all other official events.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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8.C.l.c. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
8.C.l.c.1. MR. BRIAN CHRISTOPHER PAVLIK
On motion of Mr. Barber, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Brian Christopher Pavlik, Troop 829,
sponsored by Saint Matthias' Episcopal Church, has
accomplished those high standards of commitment and has
reached the long-sought goal of Eagle Scout, which is earned
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Brian has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its
congratulations to Mr. Brian Christopher Pavlik on his
attainment of Eagle Scout, and acknowledges the good fortune
of the County to have such an outstanding young man as one of
its citizens.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.1.c.2. MR. TYLER WILLIAM MONGER
On motion of Mr. Barber, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
02- 566
08/28/O2
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Tyler William Monger, Troop 829, sponsored
by Saint Matthias' Episcopal Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, which is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Tyler has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its
congratulations to Mr. Tyler William Monger on his attainment
of Eagle Scout, and acknowledges the good fortune of the
County to have such an outstanding young man as one of its
citizens.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.l.d. RECO~NIZIN~ ~NATIONAL PAYROLL WEEK" IN CHESTERFIELD
COUNTY
On motion of Mr. Barber, seconded[ by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the American Payroll Association and its 20,000
members have launched a nationwide public awareness campaign
to pay tribute to the more than 135 million people who work
in the United States and the payroll professionals who
support the American system by paying wages, reporting worker
earnings, and withholding federal, state, and local
employment taxes; and
WHEREAS, payroll professionals in Chesterfield County
play a key role in maintaining the economic health of the
Commonwealth and the County, carrying out such diverse tasks
as reporting into the unemployment insurance system;
providing information for child support enforcement;
monitoring COBRA insurance coverage; ensuring all payroll
related expenses are accurately calculated and reported on
financial statements; and carrying out tax withholding,
reporting, and depositing; and
WHEREAS, payroll professionals are responsible for
complying with many complex and ever changing federal, state
and local wage, hour and tax laws; and
WHEREAS, today's payroll professionals play an
increasingly important role in the economic security of
American families by helping to identify non-custodial
parents and ensure they comply with their child support
mandates; and
02- 567
08/28/02
WHEREAS, Americans can feel more secure as they
anticipate retirement, through the accurate and timely
reporting by payroll professionals of Social Security taxes
and retirement plan contributions; and
WHEREAS, payroll professionals protect employees by
helping to enforce fair labor practices by ensuring that
workers are correctly paid for all hours worked, and that
overtime is calculated in accordance with the Fair Labor
Standards Act; and
WHEREAS, payroll professionals have become increasingly
proactive in educating the business community, the public and
employees about the payroll tax withholding system.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes September 2-6, 2002,
and proclaims the week, beginning with Labor Day each year,
as ~National Payroll Week," and calls to the attention of all
citizens the importance of the contributions to America's
economic health by the workers and payroll professionals in
Chesterfield County by declaring that "America Works Because
We're Working for America!"
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.l.e. REMEMBERING THE VICTIMS OF SEPTEMBER 11, 2001
On motion of the Mr. Barber, seconded by Mr. Warren, the
Board adopted the following resolution:
WHEREAS, since 1776, America has stood as a beacon of
freedom, liberty and justice, beckoning people from all parts
of the world; and
WHEREAS, after 226 years, America continues to stand for
those virtues, and gives hope to millions around the globe;
and
WHEREAS, these same attributes that Americans hold dear
have engendered fear, envy and hatred among terrorists,
including the Taliban and A1-Queda organizations; and
WHEREAS, on September 11, 2001, these terrorist
organizations launched brutal, cruel and cowardly attacks on
innocent men, women and children in a hijacked aircraft in
Pennsylvania; in an aircraft and on the ground at the
Pentagon, and in another aircraft and at the World Trade
Center in New York City; and
WHEREAS, among the thousands of victims were people from
the United States of America and at least 33 other nations;
and
WHEREAS, other victims were courageous police, fire
fighters, clergy, medical personnel and others who tried to
02- 568
08/28/02
render aid before they, too, became victims of these vile
attacks; and
WHEREAS, these attacks will be an indelible mark in
human history as among the most evil acts ever committed.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby solemnly remembers all the
September 11 victims and their families; reaffirms the
undying nature of the ideals for which America still stands;
and rededicates Chesterfield County, on behalf of all its
citizens, to working for the ultimate triumph of freedom over
bondage, of liberty over oppression, and of good over evil.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.l.f. REQUESTING THE C. OVERNOR TO DECLARE CHESTERFIELD
COUNTY A DISASTER AREA FOR AGRICULTURAL CROPS
On motion of Mr. Barber, seconded, by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the agricultural areas of Chesterfield County
received only 4.08 inches of rainfall since June 1; and
WHEREAS, the average rainfall amount for this period of
time (since 1995) is 12.34 inches (a deficit of 8.26 inches);
and
WHEREAS, the county had daytime temperatures exceeding
90 degrees for 46 days during July and August; and
WHEREAS, Chesterfield County has approximately 7,000
acres of agricultural and horticultural crops which have been
severely damaged by these drought conditions; and
WHEREAS, current estimates of the potential loss exceed
one million dollars.
NOW, THEREFORE BE IT RESOLVED, that the Board of
Supervisors of Chesterfield County respectfully requests
Governor Mark R. Warner to declare Chesterfield County a
disaster area, thereby qualifying Chesterfield County
producers for any assistance programs that may be available
at the state and federal levels.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.2. AWARD OF CONSTRUCTION CONTRACT AND TRANSFER OF FUNDS
FOR COURTHOUSE ROAD/BRANCHWAY ROAD CONNECTOR PROJECT
On motion of Mr. Barber, seconded[ by Mr. Warren, the Board
authorized the County Administrator to award a construction
contract, in the amount of $91,803, to Powers Paving for the
Courthouse/Branchway Road Connector Project.
And, further, the Board transferred $10,000 from the General
Road Improvement Account to the Courthouse/Branchway Road
Connector Project.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 569
08/28/02
8.C.3. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE
AN EMPLOYEE ASSISTANCE PROGRAM CONTRACT WITH DIAMOND
CONSULTING CORPORATION
On motion of Mr. Barber, seconded by Mr. Warren, the Board
authorized the County Administrator to enter into a contract
with Diamond Consulting Corporation, d/b/a REACH EAP, for the
Employee Assistance Program.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.4. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.C.4.&. FROM THE DALE DISTRICT IMPROVEMENT FUND TO SCHOOL
BOARD TO PURCHASE EQUIPMENT FOR THE MEDIA CENTER AT
J. G. HENING ELEMENTARY SCHOOL
On motion of Mr. Barber, seconded by Mr. Warren, the Board
transferred $10,000 from the Dale District Improvement Fund
to the School Board to purchase new tables, chairs and a
circulation desk for the media center at J. G. Hening
Elementary School.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.4.b. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE POLICE AND PARKS AND RECREATION DEPARTMENTS
AND THE SCHOOL BOARD TO DEFRAY THE COSTS OF THE
MIDLOTHIANVILLAGE DAY FESTIVAL
On motion of Mr. Barber, seconded by Mr. Warren, the Board
transferred $3,625 from the Midlothian District Improvement
Fund to various departments ($3,075 to Parks and Recreation;
$250 to the Police Department; and $300 to the School Board)
for renting space and equipment and providing services for
the Midlothian Village Day Festival.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.5. REQUESTS FOR MUSIC/ENTERTAiNMENT FESTIVAL PERMITS
8.C.5.a. FOR ENON OPTIMIST CLUB SHRIMP FESTIVAL
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved a request for a music/entertainment festival permit
for the Enon Optimist Club Shrimp Festival on September 14,
2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 570
08/28/02
8.C.5.b. FOR RUMBA RESTAURANT AND NIGHT CLUB RODEO EVENT
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved a request for a music/enlzertainment festival permit
for the Rumba Restaurant and iNightclub rodeo event on
September 1, 2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.6. STATE ROAD ACCEPTANCE
On motion of Mr. Barber, seconded[ by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Enqineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Re¢~irements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tw~ Chanae to the Se~qndary System of State Hlahwavs: .Addltlcn
Basis for Change:
Addition, New subdivision street
Statutory Reference:
§33.1-229
Project:
Old Hundred Mill, Section A
Liberty Point Court, State Route Number: 4789
From:
Liberty Point Dr., ( Rt. 4776)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 3/22/2000 with the Office Of Clerk To Cimuit Court in Pb. 109; Pg. 97 &
98, with a width of 40 Ft.
Liberty Point Drive, State Route Number: 4776
From:
Mill View Dr., ( Rt. 4765)
To:
Liberty Point Dr. (Loop) ( Rt. 5299), a distance of: 0.02 miles.
Right-of-way record was filed on 3/22/2000 with the Office Of Clerk To Cimuit Court in Pb. 109; Pg. 97 &
98, with a width of 44 Ft.
02- 571
08/28/02
·
From:
To:
Liberty Point Drive, State Route Number: 4776
Liberty Point Dr. (Loop) ( Rt. 5299)
Liberty Point Dr. (Loop) ( Rt. 5299), a distance of: 0.02 miles.
Right-of-way record was filed on 3/22/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 97 &
98, with a width of 44 Ft.
· Liberty Point Drive, State Route Number: 4776
From: Liberty Point Dr. (Loop) ( Rt. 5299)
To: Liberty Point Ct., ( Rt. 4789), a distance of: 0.02 miles.
Right-of-way record was filed on 3/22/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 97 &
98, with a width of 44 Ft.
· Liberty Point Drive, State Route Number: 4776
From: Liberty Point Ct., ( Rt. 4789)
To: Liberty Point PI., ( Rt. 4797), a distance of: 0.11 miles.
Right-of-way record was filed on 3/22/2000 with the Office of Clerk To Circuit Court in Pb. 109; Pg. 97 &
98, with a width of 44 Ft.
· Liberty Point Drive, State Route Number: 4776
From: Liberty Point PI., ( Rt. 4797)
To: Echo Ridge PI., ( Rt. 3862), a distance of: 0.16 miles.
Right-of-way record was filed on 3/22/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 97 &
98, with a width of 44 Ft.
· Liberty Point Drive (loop), State Route Number: 5299
From: Liberty Point Dr., ( Rt. 4776)
To: Liberty Point Dr., ( Rt. 4776), a distance of: 0.04 miles.
Right-of-way record was filed on 3/22/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 97 &
98, with a width of 37.5 Ft.
· Liberty Point Place, State Route Number: 4797
From: Liberty Point Dr., ( Rt. 4776)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 3/22/2000 with the Office of Clerk To Circuit Court in Pb. 109; Pg. 97 &
98, with a width of 40 Ft.
· Mill View Drive, State Route Number: 4765
From: Old Hundred Rd. ( Rt. 754)
To: Liberty Point Dr., ( Rt. 4776), a distance of: 0.10 miles.
Right-of-way record was filed on 3/22/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 97 &
98, with a width of Variable
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
02- 572
08/28/02
WHEREAS, the Resident
Department of Transportation
streets meet the requirements
Street Requirements of
Transportation.
NOW, THEREFORE BE
the Virginia Department
described below to the
Engineer for
has advised
established by
the Virginia
the Virginia
this Board the
the Subdivision
Department of
IT RESOLVED, that
of Transportation
secondary system
this Board requests
to add the streets
of state highways,
pursuant to § 33.1-229, Code of Virginia,
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that
a clear and unrestricted right-of-way,
necessary easements for cuts, fills, and
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident Engineer
Virginia Department of Transportation.
Tvoe Chanae to the Secondary System of State Hl~;hways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Forest View, Section 5
· Blrdbrook Drive, State Route Number: 4504
From: 0.02 Mi. $ of Rollingside Dr., ( Rt. 4505)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 12/15/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 39,
with a width of 50 Ft.
· Twisted Oak Court, State Route Number: 4603
From: Twisted Oak Dr., ( Rt. 4508)
To: Cul-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 12/15/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 39,
with a width of 50 Ft.
· Twisted Oak Drive, State Route Number: 4508
From: Rollingside Dr., ( Rt. 4505)
To: Twisted Oak Ct., ( Rt. 4603), a distance of: 0.05 miles.
Right-of-way record was filed on 12/15/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 39,
with a width of 50 Ft.
· Twisted Oak Drive, State Route Number: 4508
From: Twisted Oak Ct., ( Rt. 4603)
To: 0.02 Mi. W of Twisted Oak Ct., ( Rt. 4603), a distance of: 0.02 miles.
Right-of-way record was filed on 12/15/1998 with the Office Of Clerk To Circuit Court in Pb. 102; Pg. 39,
withawidthdt5OFt.
Ayes: Warren,
Nays: None.
Miller, Barber, Humphrey and McHale.
02- 573
and the
this Board guarantees
as described, and any
drainage.
copy of
for the
08/28/O2
8 .C.7.
ACCEPTANCE AND APPROPRIATION OF FUNDS AND
AUTHORIZATION TO ESTABLISH A FULL-TIME POSITION
FOR THE COMMUNITY SERVICES BOARD
On motion of Mr. Barber, seconded by Mr. Warren, the Board
accepted and appropriated $181,081 in state, federal and
Medicaid funds for FY2003 and re-appropriated $60,000 from
unexpended FY2002 restricted federal funds for the
Chesterfield Community Services Board, and established one
full-time position using Part C funds previously awarded and
accepted.
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
8.C.8. AMENDING THE ~MORANDUM OF UNDERSTANDING AND ESCROW
AGREEMENT RELATING TO THE EXPANSION OF THE APPOMATTOX
RIVER WATER AUTHORITY
On motion of Mr. Barber, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors to
execute the amended Memorandum of Understanding and the
Escrow Agreement relating to the expansion of the Appomattox
River Water Authority. (It is noted copies of the Memorandum
of Understanding and the Escrow Agreement are filed with the
papers of this Board.)
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
8.C.9. REQUESTS TO QUITCLAIM
8.C.9 .~.
A PORTION OF A VARIABLE WIDTH STORM WATER
MANAGEP~/FF/BEST MANA. Gi~IENT PRACTICE EASEMENT ACROSS
THE PROPERTY OF TRUSTEES OF NEW DELIVERANCE
EVANGELISTIC CHURCH
On motion of Mr. Barber, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a variable width storm water management/best
management practice easement across the property of Trustees
of New Deliverance Evangelistic Church. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
8.C.9.b. A SIXTEEN-FOOT TEMPORARY DRAINAGE EASEMENT ACROSS
THE PROPERTY OF GLADE M. KNIGHT
On motion of Mr. Barber, seconded by Mr. Warren, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
sixteen-foot temporary drainage easement across the property
of Glade M. Knight. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
02- 574
08/28/02
8.C.10. SET DATES FOR PUBLIC HEARINGS
8.C.10.&. TO CONSIDER MINOR AME~NTS TO THE ZONING
ORDINANCE
On motion of Mr. Barber, seconded by Mr. Warren, the Board
set the date of September 18, 2002 at 7:00 p.m. for a public
hearing to consider several minor amendments to the Zoning
Ordinance.
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
8.C.10.b.
TO CONSIDER APPROPRIATION OF FUNDS AND
AUTHORIZATION TO ENTER INTO AGREEMENTS FOR NINE
ROAD PROJECTS
On motion of Mr. Barber, seconded[ by Mr. Warren, the Board
set the date of September 18, 2002 at 7:00 p.m. for a public
hearing to consider appropriation of funds and authorization
to enter into Virginia Department of Transportation/County
design/right-of-way/construction agreements for the following
road improvement projects: 1) Qualla Road at Belcherwood
Road; 2) Hopkins Road near Old Lane; 3) Newby's Bridge Road
at Dortonway Drive; 4) Bailey Bridge Road near Deer Run
Subdivision; 5) Bailey Bridge Road west of Holly Trace
Subdivision; 6) Bailey Bridge Road west of Bayhill Pointe
Subdivision; 7) Branders Bridge Road north of Whitepine Road;
8) Chalkley Road north of Wellington Farms Subdivision; and
9) Courthouse Road north of Yatesdale Drive.
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
8.C.11. APPROVAL OF CHANGE ORDER TO CONSTRUCTION CONTRACT
FOR THE MIDLOTHIAN WATER TANK AND PUMP STATION
OFFSITE WATERLINE PROJECT
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved change order number tlhree to the construction
contract with Hypes Excavating, Incorporated, in the amount
of $13,666.92, for County Project Number 99-0122, Midlothian
Water Tank and Pump Station Offsite Waterline, and authorized
the County Administrator to execute the necessary documents.
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
8.C.12. APPROVAL OF LEASE OF PROPERTY FOR THE ENVIRONMENTAL
MANAGEMENT OFFICE
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved a lease with CS Development Company, Incorporated
for 1401 square feet of office space at Court Square for the
Environmental Management Office, and authorized the County
Administrator to execute the lease agreement.
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
02- 575
08/28/02
8.C.13. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND FOR
ATHLETIC FACILITIES AT SPRING RUN ELEMENTARY SCNOOL
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved the purchase of a parcel of land containing 5 acres,
more or less, for $25,000 per acre from Douglas R. Sowers,
for athletic facilities at Spring Run Elementary School;
authorized the County Administrator to execute the sales
contract and deed; initiated an application for substantial
accord on parcel 727661754500000; appointed Stuart Connock,
Parks and Recreation, as the Board's agent; and transferred
$140,000 from the county's reserve for capital improvements
to cover the land purchase, closing costs and environmental
assessment. (It is noted a copy of the vicinity sketch is
filed with the papers of this Board.)
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
8.C.14. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO RENEW
HEALTH CARE CONTRACTS FOR 2003 WITH THE VIRGINIA
ASSOCIATION OF COUNTIES HEALTH BENEFITS TRUST
WORKING IN CONJUNCTION WITH MID ATLANTIC MEDICAL
SERVICES, INCORPORATED, AND TRIC~)N HEALTHKEEPERS,
AND TO RENEW A DENTAL CARE CONTRACT WITH UNITED
CONCORDIA COMPANIES, INCORPORATED FOR 2003
On motion of Mr. Barber, seconded by Mr. Warren, the Board
authorized the County Administrator to renew contracts with
the Virginia Association of Counties (VACo) Health Benefits
Trust working in conjunction with Mid Atlantic Medical
Services, Incorporated (MAMSI), Trigon Healthkeepers and
United Concordia Companies, Incorporated for 2003.
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
8.C.15. APPROVAL OF FY2003 CHESTERFIELD COMMUNITY SERVICES
BOARD PERFORMANCE CONTRACT
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved the FY2003 Performance Contract between the
Chesterfield Community Services Board and the Virginia
Department of Mental Health, Mental Retardation and Substance
Abuse Services.
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
8.C.16.
8.C.16.&.
ACCEPTANCE OF PARCELS OF LAND
FOR HATH BOULEVARD, MCNEER PARKWAY AND
IMPROVEMENTS TO HULL STREET ROAD FROM SWIFT CREEK
ASSOCIATES, L.P.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
accepted the conveyance of parcels of land containing a total
of 15.565 acres for Rath Boulevard, McNeer Parkway and
02- 576
08/28/02
improvements to Hull Street Road from Swift Creek Associates,
L.P., and authorized the County Administrator to execute the
deed. (It is noted copies of the plats are filed with the
papers of this Board.)
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
8.C.16.b. ALONG THE NORTHWEST RIGHT OF WAY LINE OF BAILEY
BRID~E ROAD FROM CAMERON BAY LLC
On motion of Mr. Barber, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.187
acres along the northwest right of way line of Bailey Bridge
Road (State Route 654) from Cameron Bay LLC, and authorized
the County Administrator to execute the deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
8.C.16.c. ALON~ THE NORTH RIGHT OF WAY LINE OF OLD HUNDRED
ROAD FROM CREEKPOINTE ASSOCIATES, L.P.
On motion of Mr. Barber, seconded[ by Mr. Warren, the Board
accepted the conveyance of two parcels of land containing a
total of 0.6491 acres along the north right of way line of
Old Hundred Road from Creekpointe Associates, L.P., and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
8.C.16.e. ALONG THE SOUTH RIGHT OF WAY LINE OF HAPPY HILL
ROAD FROM ALLEN LOCKHART AND DEBBA T. LOCKHART
On motion of Mr. Barber, seconded[ by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.0603
acres along the south right of way line of Happy Hill Road
(State Route 619) from Allen Lockhart and Debra T. Lockhart,
and authorized the County Administrator to execute the deed.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.16.f. ALONG THE SOUTHEAST RIGHT OF WAY LINE OF SALEM
CHURCH ROAD FROM MARK D. LUCAS AND CANDICE M.
LUCAS
On motion of Mr. Barber, seconded by Mr. Warren, the Board
accepted the conveyance of a parcel of land containing 0.006
acres along the southeast right of way line of Salem Church
Road (State Route 642) from Mark D. Lucas and Candice M.
Lucas, and authorized the County Administrator to execute the
02- 577
08/28/02
deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.17.
8.C.17.a.
REQUESTS FOR PERMISSION
FROM JAMES R. SMITH AND SUSAN L. SMITH TO
CONSTRUCT A FENCE WITHIN A VARIABL~ WIDTH DR~T~AG~
A~D SEWER EASEMENT ACROSS LOT 10, WINFR~m'S COLONY
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved a request from James R. Smith and Susan L. Smith for
permission to construct a fence within a variable width
drainage and sewer easement across Lot 10, Winfree's Colony,
subject to the execution of a license agreement. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8 .C.17.b.
FROM DAVID E. SMITH FOR A GRAVEL DRIVEWAY TO
ENCROACH WITHIN A VARIABLE WIDTH UNIMPROVED RIGHT
OF WAY KNOWN AS TELSTAR DRIVE
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved a request from David E. Smith for permission for a
gravel driveway to encroach within a variable width
unimproved right of way known as Telstar Drive, subject to
the execution of a license agreement. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.17.c. FROM JAMES CARL MORRIS AND FRANCES P. MORRIS TO
INSTALL A PRIVATE WATER SERVICE ON COUNTY PROPERTY
TO SERVE PROPERTY ON LAKE HILLS ROAD
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved a request from James Carl Morris and Frances P.
Morris for permission to install a private water service on
county property to serve property at 3938 Lake Hills Road,
subject to the execution of a license agreement, and
authorized the County Administrator to execute the water
connection agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.17.d. FROM SOWERS BUILDINGS TO CONSTRUCT A SIGN WITHIN A
SIXTEEN-FOOT SEWER EASEMENT
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved a request from Sowers Buildings for permission to
construct a sign within a sixteen-foot sewer easement,
02- 578
08/28/02
subject to the execution of a license agreement. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.17 .e.
FROM MATTheW J. HAMILTON, JR. TO CONSTRUCT AND
MAINTAIN A GRAVEL DRIVEWAY WITHIN A PORTION OF A
RIGHT OF WAY KNOWN AS TWILIGHT LANE
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved a request from Matthew J. Hamilton, Jr. for
permission to construct and maintain a gravel driveway within
a right of way known as Twilight Lane for a proposed
dwelling, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.17.g. FROM THE IRONBRID~E PROPERTY, L.P. TO CONSTRUCT
AND MAINTAIN A ROAD AND STORM SEWER WITHIN A
PROPOSED COUNTY RIGHT OF WAY KNOWN AS QUAIFF
On motion of Mr. Barber, seconded, by Mr. Warren, the Board
approved a request from The Ironbridge Property, L.P. for
permission to construct and maintain a road and storm sewer
within a proposed county right of way known as Quaiff Lane to
serve a proposed development, subject to the execution of a
license agreement. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.18. APPROPRIATION OF FUNDS AND AUTHORIZATION TO EXECUTE
A DEVELOPER/COUNTY LOAN AGREEMENT FOR THE GENITO
ROAD/WOOLRID~E ROAD INTERSECTION IMPROVEMENT PROJECT
On motion of Mr. Barber, seconded[ by Mr. Warren, the Board
appropriated $332,684 in anticipated developer contributions
and authorized the County Administrator to execute a
developer/county loan agreement for the Genito Road/Woolridge
Road intersection improvement project.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.19. AWARD OF CONTRACT TO VIKING ENTERPRISE, INCORPORATED
FOR THE CONSTRUCTION OF THE RIVERS BEND FIRE STATION
On motion of Mr. Barber, seconded by Mr. Warren, the Board
authorized the County Administrator to execute a contract
with Viking Enterprise, Incorporated in the amount of
$2,058,000 for the construction of the Rivers Bend Fire
Station Number 18.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 579
08/28/O2
The following items were removed from the Consent Agenda for
public comment:
8.C.16.d. ACCEPTANCE OF PARCEL OF LAND FOR T~- ~YTENSION OF
QUAIFF LANE FROM LEWIS M. WALKER, III, ROBERT C.
WAL~R AND MARY WALKER SEWARD
No one came forward to speak to the issue.
(It is noted that Ms. Betty Taylor had requested to speak to
the issue, but no longer desires to speak.)
On motion of Miller, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.9298
acres for the extension of Quaiff Lane from Lewis M. Walker,
III, Robert C. Walker and Mary Walker Seward, and authorized
the County Administrator to execute the deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, Miller, Barber, Humphrey and McHale.
Nays: None.
8.C.17.f. REQUEST FOR PERMISSION FROM THE SALISBURY CLUB,
LIMITED TO INSTALL A PRIVATE WATER SERVICE FOR
IRRI~ATION PURPOSES WITHIN A PRIVATE EASEMENT TO
SERVE PROPERTY ON STARCROSS ROAD
Mr. George Beadles stated that, even when the drought ends,
water will not be plentiful, and he feels irrigation of large
parcels should cease.
No one else came forward to speak to the issue.
Mr. Bryant stated that water bills are based on volume, and
there is no declining rate for increased use. He further
stated that the larger the meter, the more the customer pays.
Mr. Ramsey stated that the Board authorized a study of
differential water rates at its July 24, 2002 meeting.
Mr. Bryant stated that the study should be complete in
approximately four months.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved a request for permission to install a private water
service for irrigation purposes within a private easement to
serve The Salisbury Club, Limited property at 13600 Starcross
Road, and authorized the County Administrator to execute the
water connection agreement. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 580
08/28/02
9. w~.~RINGS OF CITI~S ON UNSCHEDULEDMATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORTS
On motion of Mr. McHale, seconded ky Mrs. Humphrey, the Board
accepted the following reports: A report on Developer Water
and Sewer Contracts; and a Status 'Report on the General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
And, further, the following roads were accepted into the
State Secondary System:
ADDITION
LENGTH
BIRKDALE, SECTION 14
(Effective 7/26/02)
Ganton Court (Route 5316) - From Spyglass Hill
Circle (Route 5279) to Cul-de-sac
0.09 Mi
Kennemer Place (Route 5317) - From Spyglass Hill
Circle (Route 5279) to Cul-de-sac
0.08 Mi
Killarney Court (Route 5318) - From Spyglass Hill
Circle (Route 5279) to Spyglass Hill Circle
(Route 5279)
0.10 Mi
Royal Birkdale Drive (Route 5021) - From Royal
Birkdale Boulevard (Route 5105) to Spyglass Hill
Circle (Route 5279)
0.04 Mi
Spyglass Hill Circle (Route 5279) - From Ganton
Court (Route 5316) to Kennemer Place (Route 5317)
0.14 Mi
Spyglass Hill Circle (Route 5279) -- From Spyglass
Hill Loop (Route 5280) to Ganton Court (Route 5316)
0.03 Mi
Spyglass Hill Circle (Route 5279) - From Spyglass
Hill Loop (Route 5280) to Spyglass Hill Loop
(Route 5280)
0.02 Mi
Spyglass Hill Circle (Route 5279) - From Kennemer
Place (Route 5317) to Killarney Court (Route
5318)
0.05 Mi
Spyglass Hill Circle (Route 5279) - From Royal
Birkdale Drive (Route 5021) to .02 mile east
of Royal Birkdale Drive (Route 5021)
0.02 Mi
Spyglass Hill Circle (Route 5279) - From
Killarney Court (Route 5318) to Killarney
Court (Route 5318)
0.02 Mi
Spyglass Hill Circle (Route 5279) - From
Royal Birkdale Drive (Route 5021) to Spyglass
Hill Loop (Route 5280)
0.05 Mi
02- 581
08/28/O2
Spyglass Hill Loop (Route 5280) - From Spyglass
Hill Circle (Route 5279) to Spyglass Hill
Circle (Route 5279)
GRAVITY HILL, SECTION 2
(Effective 7/1/02)
Goswick Ridge Court (Route 4759) - From Goswick
Ridge Road (Route 5475) to Goswick Ridge Road
(Route 5475)
Goswick Ridge Place (Route 4758) - From Goswick
Ridge Road (Route 5475) to Goswick Ridge Road
(Route 5475)
Goswick Ridge Road (Route 5475) - From Goswick
Ridge Place (Route 4758) to Goswick Way (Route
4754)
Goswick Ridge Road (Route 5475) - From Goswick
Ridge Court (Route 4759) to Goswick Ridge Court
(Route 4759)
Goswick Ridge Road (Route 5475) - From 0.02 mile
south of Gravity Hill Lane (Route 5477) to Goswick
Ridge Court (Route 4759)
~oswick Ridge Road (Route 5475) - From Goswick
Ridge Place (Route 4758) to Goswick Ridge Place
(Route 4758)
Goswick Ridge Road (Route 5475) - From Goswick
Way (Route 4754) to 0.06 mile north of Goswick
Way (Route 4754)
Goswick Ridge Road (Route 5475) - From Goswick
Ridge Court (Route 4759) to Goswick Way (Route
4754)
Goswick Ridge Road (Route 5475) - From Goswick
Way (Route 4754) to Goswick Ridge Place (Route
4758)
Goswick Way (Route 4754) - From Goswick Ridge
Road (Route 5475) to Goswick Ridge Road (Route
5475)
HAMPTON PARK, SECTION 7
(Effective 7/1/02)
Hampton Meadows Court (Route 4646) - From
Hampton Meadows Lane (Route 4645) to Cul-de-sac
Hampton Meadows Lane (Route 4645) - From
Hampton Park Drive (Route 5190) to Hampton
Meadows Court (Route 4646)
Hampton Meadows Lane (Route 4645) - From
Hampton Meadows Court (Route 4646) to Hampton
Meadows Place (Route 4647)
Hampton Meadows Place (Route 4645) - From
Hampton Meadows Place (Route 4647) to
02- 582
0.06 Mi
0.05 Mi
0 06 Mi
0 17 Mi
0 02 Mi
0 02 Mi
0 02 Mi
0 06 Mi
0 02 Mi
0 06 Mi
0 08 Mi
0.07 Mi
0.06 Mi
0.15 Mi
08/28/02
0.02 mile south of Hampton Meadows Place
(Route 4647)
Hampton Meadows Place (Route 4647) - From
Hampton Meadows Lane (Route 4645) to
0.02 mile west of Hampton Meadows Lane
(Route 4645)
Hampton Park Drive (Route 5190) - From Otterdale
Road (Route 667) to Hampton Meadows Lane (Route
4645)
Hampton Park Drive (Route 5190) - From Hampton
Meadows Lane (Route 4645) to 0.01 mile west of
Hampton Meadows Lane (Route 4645)
HAMPTON PARK, SECTION 9
(Effective 7/1/02)
Hampton Meadows Lane (Route 4645) -- From 0.02
mile south of Hampton Meadows Place (Route 4647)
to 0.27 mile west of Hampton Meadows Place
(Route 4647)
Hampton Meadows Place (Route 4647) - From 0.02
mile west of Hampton Meadows Lane ~[Route 4645)
to Cul-de-sac
HAWKINS WOODS, SECTION 2
(Effective 7/1/02)
Hawkins Park Road (North) (Koute 4791) - From
Hawkins Wood Circle (Route 5472) to Hawkins Wood
Circle (Route 5472)
Hawkins Park Road (South) (Route 4'792) - From
Hawkins Wood Circle (Route 5472) to Hawkins Wood
Circle (Route 5472)
Hawkins Woods Circle (Route 5472) - From Hawkins
Park Road (Route 4791 and Route 47!)2) to Hawkins
Park Road (Route 4791 and Route 47!)2)
Hawkins Woods Circle (Route 5472) - From Hawkins
Park Road (Route 4791 and Route 47!)2) to 0.5 mile
south of Hawkins Wood Lane (Route 5474)
Hawkins Woods Circle (Route 5472) - From 0.06
mile south of Hawkins Wood Court (Route 5473)
to Hawkins Park Road (Route 4791 and Route 4792)
KRIM POINT, SECTION 1
(Effective 7/1/02)
Biggin Pond Lane (Route 5481) - From 0.04 mile west
of Biggin Pond Road (Route 5480) to Krim Point Loop
(Route 4762)
Krim Point Lane (Route 4764) - From Krim Point
Road (Route 4763) to Krim Point Loop (Route 4762)
Krim Point Lane (Route 4764) - From Grove Hill
Road (Route 5471) to Krim Point Road (Route 4763)
02- 583
0.02 Mi
0.02 Mi
0.18 Mi
0.01 Mi
0.25 Mi
0.12 Mi
0.09 Mi
0.08 Mi
0.21 Mi
0.04 Mi
0.03 Mi
0.03 Mi
0.04 Mi
0.02 Mi
08/28/02
Krim Point Loop (Route 4762) - From Krim Point
Road (Route 4763) to Krim Point Way (Route 4761)
Krim Point Loop (Route 4762) - From Krim Point
Lane (Route 4764) to Krim Point Road (Route 4763)
Krim Point Loop (Route 4762) - From Krim Point
Way (Route 4761) to .02 mile north of Krim Point
Way (Route 4761)
Krim Point Loop (Route 4762) - From Krim Point
Way (Route 4761) to .02 mile north of Krim Point
Way (Route 4761)
Krim Point Loop (Route 4762) - From Biggin Pond
Lane (Route 5181) to Krim Point Lane (Route 4764)
Krim Point Loop (Route 4762) - From Krim Point
Way (Route 4761) to Biggin Pond Lane (Route 5481)
Krim Point Road (Route 4763) - From Krim Point
Road Circle (Route 4699) to Krim Point Loop
(Route 4762)
Krim Point Road (Route 4763) - From Krim Point
Lane (Route 4764) to Krim Point Road Circle
(Route 4699)
Krim Point Road (Route 4763) - From Krim Point
Road Circle (Route 4699) to Krim Point Road
Circle (Route 4699)
Krim Point Road Circle (Route 4699) - From Krim
Point Road (Route 4763) to Krim Point Road (Route
4763)
Krim Point Way (Route 4761) - From Krim Point
Loop (Route 4762) to Krim Point Loop (Route 4762)
RIVERTON, SECTION E
(Effective 7/1/02)
Waterswatch Court (Route 5423) - From Waterswatch
Drive (Route 5422) to Cul-de-sac
Waterswatch Drive (Route 5422) - From 0.06 mile
north of Riverton Ridge Drive (Route 5418) to
Waterswatch Court (Route 5423)
Waterswatch Drive (Route 5422) - From Waterswatch
Court (Route 5423) to Cul-de-sac
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
11. DINNER
On motion of Mr.
recessed to the
dinner.
McHale, seconded by Mr. Barber,
Administration Building, Room
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 584
0.03 Mi
0.10 Mi
0.02 Mi
0.02 Mi
0.03 Mi
0.03 Mi
0.05 Mi
0.08 Mi
0.02 Mi
0.01 Mi
0.09 Mi
0.10 Mi
0.13 Mi
0.21 Mi
the Board
502, for
08/28/02
Reconvening:
12. iNVOCATION
Reverend Donnie Thomas, Pastor
Ministries, gave the invocation.
of Rehoboth Outreach
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout James Todd Streett led the pledge of allegiance
to the flag.
14. COUNTY ADMINISTRATOR'S COMME~.~S
Chief Elswick introduced Mr. Eddie Heussler who was severely
injured on January 22, 2002 while attempting to rescue a
county resident from a burning structure.
Mr. Miller, accompanied by Mr. Warren, commended Mr.
Heussler, accompanied by his wife, for his heroic efforts and
offered best wishes for his continued recovery.
Mr. Heussler expressed appreciation to the Board for the
recognition and to the citizens for their prayers, cards and
letters. He stated that Chief Elswick is his guardian angel
and indicated that he has been asked to appear on national
television and will be wearing a Chesterfield County Fire
Department shirt at that time.
Chief Elswick presented Mr. Heussler with a "United We Stand"
calendar signed by the firefighters who participated in the
~Fill the Boot for Eddie" fundraiser at Chesterfield Towne
Center.
Mr. Heussler received a standing ovation.
(It is noted a resolution recognizing Mr. Heussler's efforts
was presented to his father on February 13, 2002 while Mr.
Heussler was fighting for his life due to injuries sustained
in the rescue attempt.)
15. RESOLUTIONS AND SPECIAL RECC~NITIONS
15.A. RECOGNIZING MR. JOHNNY OATES FOR HIS PROFESSIONAL
ACCOMPLISHMENTS AND EXCELLENT REPRESENTATION OF
CHESTERFIELD COUNTY
Mr. Eanes introduced Mr. Johnny Oates who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Johnny 0ates is a resident of the Matoaca
District of Chesterfield County; and
02- 585
08/28/02
WHEREAS, as a young man, Mr. Oates became well-known
throughout the region as a talented athlete; and
WHEREAS, Mr. Oates attended Virginia Polytechnic
Institute and State University, where he played baseball; and
WHEREAS, after graduation, Mr. Oates was selected to
play for the Atlanta Braves; and
WHEREAS, Mr. Oates later went on to play for the New
York Yankees, Los Angeles Dodgers, Philadelphia Phillies and
the Baltimore Orioles; and
WHEREAS, he served as manager of the Orioles, and was
named the American League Manager of the Year in 1992; and
WHEREAS, Mr. Oates subsequently served as manager of the
Texas Rangers, again being named Manager of the Year in 1996,
this time by "Sporting News;" and
WHEREAS, Mr. Oates spent 34 years as a player, coach and
manager in professional baseball, and played 593 games; and
WHEREAS, in all these endeavors, he exemplified
sportsmanship and dedication to the game, and brought great
pride to the citizens of Matoaca and Chesterfield County; and
WHEREAS, Mr. Oates is a compassionate individual with
divine faith and has been a spiritual guiding light for many
others in the area.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors expresses appreciation to Mr.
Johnny Oates for representing the county so well, and
sincerely wishes him strength and faith in the battle with
the illness that now confronts him.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Oates, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mrs. Humphrey presented the executed resolution to Mr. Oates,
accompanied by his wife, and commended him for a remarkable
career.
Mr. Oates expressed appreciation to the Board for the
recognition and stated that he has been blessed to be in
professional athletics for 35 years.
15.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
15.B.1. JAMES TODD STREETT
Mr. Hammer introduced Mr. James Streett who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
02- 586
08/28/02
WHEREAS, the Boy Scouts of Am~erica was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. James Todd Streett, Troop 845, sponsored by
Redeemer Lutheran Church, has accomplished those high
standards of commitment and has reached the long-sought goal
of Eagle Scout, which is earned by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, James has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLViED, that the Chesterfield
County Board of Supervisors hereby extends its
congratulations to Mr. James Todd Streett on his attainment
of Eagle Scout, and acknowledges the good fortune of the
County to have such an outstanding young man as one of its
citizens.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Barber presented the executed resolution and patch to Mr.
Street, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Streett expressed appreciation to the Board for the
recognition and also to his scoutmaster, members of his
troop, his parents and others for their support.
15.B.2. DARIUS LAVONNE NICHOLSON, JR.
Mr. Hammer introduced Mr. Darius Nicholson who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of Am~erica was founded to build
character, provide citizenship training and promote physical
fitness; and
02- 587
08/28/02
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Darius LaVonne Nicholson, Jr., Troop 178,
sponsored by Ivey Memorial United Methodist Church, has
accomplished those high standards of commitment and has
reached the long-sought goal of Eagle Scout, which is earned
by only four percent of those individuals entering the
Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Darius has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its
congratulations to Mr. Darius LaVonne Nicholson, Jr. on his
attainment of Eagle Scout, and acknowledges the good fortune
of the County to have such an outstanding young man as one of
its citizens.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller presented the executed resolution and patch to Mr.
Nicholson, accompanied by members of his family,
congratulated him in his outstanding achievement, and wished
him well in his future endeavors.
Mr. Nicholson expressed appreciation to the Board for the
recognition and also to God, his scoutmaster and parents for
their support.
16. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDERs
- WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE
HEARD AT SECTION 18
02SN0232
In Bermuda Magisterial District, S. W. FUNK requests
amendment to zoning (Case 96SN0125) and amendment of zoning
district map to permit a commercial, trade, vocational and
training school. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
light industrial use. This request lies in a General
Business (C-5) District on 4.6 acres and is known as 1710
West Hundred Road. Tax ID 805-654-1115 (Sheet 27).
02- 588
08/28/02
Mr. Jacobson presented a summary of Case 02SN0232 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted that the
request conforms to the Eastern Area Land Use and
Transportation Plan.
Mr. Fred Patterson, representing tzhe applicant, stated that
the recommendation is acceptable.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved Case 02SN0232 and accepted the following proffered
conditions:
Uses shall be restricted to commercial, trade,
vocational and training school use and those uses
permitted in the C-5 District except that C-3 uses shall
not be permitted. (P)
(Note: This condition supersedes Proffered Condition 1
of Case 96SN0125. Ail other conditions of Case 96SN0125
remain in effect.)
Measures shall be employed to minimize the view of any
outside area used for purposes other than the parking of
passenger vehicles or outside storage (i.e. outdoor
training for tractor trailer truck driving), from Route
10. Such measures shall include, but not necessarily be
limited to, installation of additional landscaping
within the Route 10 setback. The exact treatment shall
be approved at the time of site plan review. (P)
o
No more than three (3) tractor-trailers associated with
this use shall be located on the site at any one time.
(p)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0241
In Bermuda Magisterial District, MEADE A. SPOTTS requests
amendment to zoning (Case 94SN0197) and amendment of zoning
district map relative to density. The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for commercial use. This request
lies in a Community Business (C-3) District on 4.0 acres
fronting approximately 300 feet on the south line of West
Hundred Road, approximately 950 feet west of Old Stage Road.
Tax ID 802-654-4917 (Sheet 27).
Mr. Jacobson presented a summary of Case 02SN0241 and stated
that the Planning Commission and staff recommend approval and
acceptance of one proffered condition.
Mr. Meade Spotts stated that. the
acceptable.
recommendation is
02- 589
O8/28/O2
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved Case 02SN0241 and accepted the following proffered
condition:
Prior to the issuance of an occupancy permit, additional
pavement shall be constructed along the westbound lanes of
Route 10 at the crossover that serves Chestnut Hill Drive to
provide an adequate left turn lane, as determined by the
Transportation Department, and the existing access onto Route
10 that currently serves the adjacent parcel to the east (Tax
ID 8026548609) shall be modified to better restrict left
turns out of that access, as determined by the Transportation
Department. (T)
(Staff Notes: A.
With approval of this request that
portion of Proffered Condition 14 of Case
94SN0197 applicable to the C-3 tract is
eliminated. That portion of Proffered
Condition 14 of Case 94SN0197 applicable
to the I-2 tract remains in effect.
Ail other conditions of Case 94SN0197
remain in effect.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0262
In Dale Magisterial District, HYLES BAPTIST CHURCH requests
Conditional Use and amendment of zoning district map to
permit a private school in an Agricultural (A) District. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for light industrial
use. This request lies on 6.8 acres fronting approximately
350 feet on the south line of Courthouse Road, approximately
1,500 feet west of Yatesdale Drive. Tax IDs 757-670-8025 and
9522 and 758-670-0618 (Sheet 17).
Mr. Jacobson presented a summary of Case 02SN0262 and stated
that the Planning Commission and staff recommend approval
subject to conditions and acceptance of the proffered
conditions.
Reverend Ron Talley, representing the applicant, stated that
the recommendation is acceptable.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
approved Case 02SN0262 subject to the following conditions:
Except where the requirements of the underlying
Agricultural (A) zoning are more restrictive, any new
development for school use shall conform to the
02- 590
08/28/02
requirements of the Zoning Ordinance for commercial uses
in Emerging Growth Areas. (P)
o
The operation of the private school
conjunction with a church use only. (P)
shall be in
°
The following setback criteria shall apply to any
outdoor play fields, courts, swimming pools and similar
active recreational areas:
so
With the exception of playground areas which
accommodate swings, jungle gyms or similar such
facilities, all active play fields, courts,
swimming pools or similar active recreational
facilities which could accommodate organized sports
such as football, soccer, basketball, etc., shall
be located a minimum of 100 feet from adjacent
Agricultural (A) properties to the east or west
(Tax IDs 757-670-7149 and 758-670-2328). Within
this setback, existing vegetation shall be
supplemented, where necessary, with landscaping or
other devices designed to achieve the buffering
standards contained in Section 19-522(a) (2) of the
Zoning Ordinance. Shouldl these adjacent properties
to the east and west be zoned for, or occupied by,
a non-residential use, the requirements of this
condition shall be waived.
bo
If active play fields, courts, swimming pools and
similar active recreational areas are setback more
than 100 feet from the adjacent properties to the
east and west (Tax IDs 757-670-7149 and 758-670-
2328), the landscaping or other design features
described in Condition 2.a. may be modified by the
Planning Department at the time of site plan
review. Such modification shall accomplish
mitigation of the visual and noise impacts that
sports or related activities have on adjacent
properties equivalent to the 100 foot
setback/landscaping re~uirements described in
Condition 3.a.
C °
Any playground areas (swings, jungle gyms or
similar such facilities) shall be setback a minimum
of forty (40) feet from all property lines. (P)
This Conditional Use shall ]De granted to and for the
Hyles Baptist Church and shall not be transferable nor
run with the land. (P)
(NOTE: These conditions would not apply to any permitted
use, such as a church, on the property.)
And, further,
conditions:
the Board accepted the following proffered
At such time as the public water system has been
extended to within 200 feet of the site, the
owner/developer shall extend a water line to the site
and connect all existing structures to the public water
system. (U)
02- 591
08/28/02
At such time as the public wastewater system has been
extended to within 500 feet of the site, the
owner/developer shall extend a wastewater line to the
site and connect all structures to the public wastewater
system. (U)
Within sixty (60) days from the date the Board of
Supervisors approves this request, forty-five (45) feet
of right-of-way on the south side of Courthouse Road,
measured from the centerline of that part of Courthouse
Road immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
Direct access from the property to Courthouse Road shall
be limited to the one (1) existing entrance/exit. (T)
o
Prior to enrollment of more than fifteen (15) students,
additional pavement shall be constructed along
Courthouse Road at the approved access to provide a
right turn lane. Prior to enrollment of more than fifty-
four (54) students, additional pavement shall be
constructed along Courthouse Road at the approved access
to provide a left turn lane. The developer shall
dedicate to Chesterfield County, free and unrestricted,
any additional right-of-way (or easements) required for
these road improvements. (T)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0269
In Bermuda Magisterial District, GILBERT C. BOOKER, JR.
requests amendment to zoning (Case 83S045) and amendment of
zoning district map relative to a buffer. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for regional mixed use. This request
lies in a General Business (C-5) District on 3.0 acres and is
known as 10107 Jefferson Davis Highway. Tax ID 795-666-2350
(Sheet 18).
Mr. Jacobson presented a summary of Case 02SN0269 and stated
that the Planning Commission and staff recommend approval
subject to one condition.
Mr. Gilbert Booker, Jr. stated that the recommendation is
acceptable.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved Case 02SN0269 subject to the following condition:
A thirty (30) foot buffer shall be maintained along the
southern property line adjacent to Tax ID 795-666-3629 and
795-666-5531. This buffer shall be landscaped and/or fenced so
as to screen the uses, developed on this property, from
adjacent residential property to the south. A plan, depicting
02- 592
08/28/02
this requirement, shall be submitted to the Planning
Department for approval in conjunction with site plan
submission.
(NOTE:
83S045.)
This condition supersedes the Condition of Case
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0281
In Dale Magisterial District, HULL STREET ROAD LLC requests
rezoning and amendment of zoning district map from Light
Industrial (I-l) to General Business (C-5). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for general commercial use. This
request lies on 13.4 acres and is known as 10705 Hull Street
Road. Tax ID 746-684-6733 (Sheet 10).
Mr. Jacobson presented a summary of Case 02SN0281 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted that the
request conforms to the Northern Area Plan.
Mr. Bradley Gardner, representing the applicant, stated that
the recommendation is acceptable.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded ]Dy Mrs. Humphrey, the Board
approved Case 02SN0281 and accepted the following proffered
conditions:
Within 200 feet of the ultimate right-of-way of Hull
Street Road, uses permitted shall be restricted to those
permitted by right or with restrictions in the Community
Business (C-3) District. (P)
o
The rear yard setback for all buildings, parking, and
drives shall be a minimum of 100 feet in depth. This
100 foot area shall be landscaped so as to minimize the
view of the development from the adjacent property to
the south. The exact species, size and location shall
be determined at the time of site plan review. (P)
Unless modified by the Planning Commission at the time
of site plan review based upon a determination that an
alternative design or other measures would provide
effective screening comparable to that required herein,
buildings located within 150 feet of the southern
property line shall be oriented generally parallel to
the southern property line with no openings within the
rear (southern) wall of the buildings, except for fire
exits, as specifically required by the Fire Department.
Where there are breaks between the buildings located
within 150 feet of the southern property line, a solid
wall constructed of materials compatible with the
buildings shall be installed between the buildings.
02- 593
08/28/02
Unless modified by the Planning Commission as discussed
herein, there shall be no driveway or parking areas
located between the buildings and the southern property
line. (P)
o
Direct access from the property to Hull Street Road
(Route 360) shall be limited to one (1) existing
entrance/exit (i.e., Hendricks Road), located at the
eastern property line. (T)
o
Prior to issuance of an occupancy permit for any
commercial use, the existing access located on the
western property line shall be closed and additional
pavement shall be constructed along Route 360 at the
Hendricks Road intersection to provide a right turn lane
based on Chesterfield Transportation Department
standards. The developer shall dedicate to Chesterfield
County, free and unrestricted, any additional right-of-
way (or easement) required for the road improvement.
(T)
o
Prior to the issuance of a building permit for any
Community Business (C-3) use located within 200 feet of
the ultimate right-of-way of Hull Street Road, all non-
conforming driveways and parking areas shall be improved
in accordance with Zoning Ordinance Section 19-514 (d).
(P)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02890283
In Matoaca Magisterial District, SWIFT CREEK ASSOCIATES, L.P.
requests amendment of Conditional Use Planned Development
(Case 87S134) and amendment of zoning district map relative
to signs. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
regional mixed use. This request lies in Corporate Office
(0-2) and Community Business (C-3) Districts on 184.4 acres
fronting approximately 2,170 feet on the south line of Hull
Street Road, approximately 730 feet west of Commonwealth
Centre Parkway. Tax IDs 732-674-3945, 732-675-1337 and 8246,
733-676-0518, 734-675-0754, 734-676-1227 and 735-675-1076
(Sheet 16).
Mr. Jacobson presented a summary of Case 02SN0283 and stated
that the Planning Commission and staff recommended approval
subject to one condition.
Mr. John Easter, representing the applicant, stated that the
recommendation is acceptable.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved Case 02SN0283 subject to the following condition:
02- 594
08/28/02
In conjunction with the approval of this request, Condition 9
of Case 87S134 shall be deleted. {P)
(Note: With the exception of Condition 9 of Case 87S134, all
previous conditions of Case 87S134, as amended by Case
00SN0280, shall remain in effect.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02SN0288
In Matoaca Magisterial District, JAMES M. ARCHER requests
rezoning and amendment of zoning district map from
Neighborhood Business (C-2) and Agricultural (A) to General
Business (C-5) with Conditional Use Planned Development to
permit motor vehicle storage/towing lot and exceptions to
Ordinance requirements. The density of such amendment will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests t'he property is appropriate
for neighborhood mixed use center. This request lies on 3.0
acres fronting approximately 275 feet on the north line of
Hickory Road, approximately 2,830 feet east of Chinook Drive.
Tax ID 764-625-Part of 7271 (Sheet 40).
Mr. Jacobson presented a summary of Case 02SN0288 and stated
that the Planning Commission and staff recommend approval
subject to one condition and acceptance of the proffered
conditions.
Mr. Dean Hawkins, representing the applicant, stated that the
recommendation is acceptable.
Mr. Miller called for the public hearing.
Mr. James H. Archer expressed appreciation to county staff
for their assistance in rebuilding his business after its
loss by fire.
There being no one else to speak to the request, the public
hearing was closed.
Mrs. Humphrey made a motion, seconded by Mr. McHale, for the
Board to approve Case 02SN0288 subject to one condition and
acceptance of the proffered conditions.
Discussion ensued relative to the development standard for
latches and fasteners on metal buildings.
Mrs. Humphrey stated that the business will be located on
Hickory Road next to a barn. She further stated that, when
the site plan comes to the Planning staff for review, it is
not necessary to require expensive fasteners for the metal
facility.
Mr. Miller called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. McHale, for the Board to approve Case
02SN0288 subject to the following condition:
In conjunction with the granting of
following exceptions shall be granted:
this request, the
02- 595
08/28/02
ao
A fifty (50) foot exception to the seventy-five (75)
foot setback requirement from Hickory Road.
B o
A twenty (20) foot exception to the thirty (30) foot
driveway and parking setback requirement from the
eastern property boundary, and a ten (10) foot exception
to the thirty (30) foot setback requirement for parking
associated with any motor vehicle storage/towing lot
from the eastern property boundary.
C o
A ten (10) foot exception to the thirty (30) foot
building setback requirement from the eastern property
boundary.
Do
An exception to the requirement that any motor vehicle
storage/towing lot be paved. Any such area which is not
paved shall have a minimum surface of six (6) inches of
Number 21 or 2lA stone. (P)
And, further,
conditions:
the Board accepted the following proffered
1. The uses permitted shall be limited to the following:
ao
Those uses permitted by right or with restrictions
in the Neighborhood Business (C-2) District;
B. Motor vehicle service and repair; and,
Co
Motor vehicle storage/towing lot subject to the
requirement that such lot shall be screened from
view of adjacent properties and public rights of
way and the lot shall not exceed an area of 20,000
gross square feet. (P)
If a retention pond or any water quality pond is
provided within the setback along Hickory Road, such
pond shall be designed as a wet pond and an amenity.
The exact design and treatment shall be approved at the
time of site plan review. (EE)
Prior to final site plan approval, forty-five (45) feet
of right-of-way on the north side of Hickory Road,
measured from the center of that part of Hickory Road
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
Direct access from the property to Hickory Road shall be
limited to one (1) entrance/exit. The exact location of
this access shall be approved by the Transportation
Department. (T)
Prior to issuance of a final occupancy permit,
additional pavement shall be constructed along Hickory
Road at the approved access to provide a left and/or
right turn lane, based on Transportation Department
standards. The developer shall dedicate to Chesterfield
County, free and unrestricted, any additional right-of-
way (or easements) required for these road improvements.
(T)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 596
08/28/02
02SN0223
In Matoaca Magisterial District, BREVARD GROUP, L.C. requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) plus proffered
conditions on an existing zoned Residential (R-9) tract.
Residential use of up to 3.63 units per acre is permitted in
a Residential (R-12) District and up to 4.84 units per acre
is permitted in a Residential (R-9) District. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1.01 - 2.5 units per acre. This request
lies on 33.1 acres fronting approximately 560 feet on the
south line of Lakeview Road located at the western termini of
Brevard and Twisted Oak Drives. Tax IDs 792-621-8141 and
793-620-8192 (Sheet 41).
Mr. Jacobson presented a summary of Case 02SN0223 and stated
that the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted that the
request conforms to the Southern and Western Area Plan. He
stated that neighborhood concern was expressed at the
Planning Commission meeting relative to traffic flow, and the
Planning Commission requested that staff require a design
that minimizes cut-through traffic through the neighborhood
at the time of site plan review.
Mr. Hatcher Crenshaw, representing the applicant, stated that
the recommendation is acceptable.
When asked, Mr. Crenshaw stated that the applicant will work
with the neighbors regarding minimizing cut-through traffic.
Mr. Miller called for the public hearing.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved Case 02SN0223 and accepted the following proffered
conditions:
A maximum of seventy (70) residential lots shall be
permitted on Tax IDs 792-621-8141 and 793-620-8192. (P)
o
With the exception of timbering which has been approved
by the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there shall
be no timbering until a land disturbance permit has been
obtained from the Environmental Engineering Department
and the approved devices have been installed. (EE)
o
No direct access shall be provided from the property to
Lakeview Road. (T)
The developer shall be responsible for relocation of the
ditch to provide an adequate shoulder along the south
side of Lakeview Road for the entire property frontage.
Prior to construction plan approval, a phasing plan for
this improvement shall be submitted to and approved by
the Transportation Department. (T)
02- 597
08/28/02
(Staff Note: These proffered conditions are in addition
to the proffered conditions applicable to Tax ID 792-
621-8141 for Case 93SN0119 and 83S020.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO AMEND COUNTY POLICY REGARDING CRIMINAL BACKGROUND
CHECKS FOR COACHES OF CO-SPONSORED GROUPS
Mr. Mike Chernau, Senior Assistant CountY Attorney, stated
that the public hearing was continued from May 29, 2002 to
give the Parks and Recreation Advisory Commission (PRAC) the
opportunity to consider the proposed amendments. He further
stated that, because of scheduling conflicts, PRAC has been
unable to review the proposals and is scheduled to do so on
September 5, 2002. He stated that staff recommends deferral
of the continuation of the public until September 18, 2002 to
give PRAC the opportunity to review the amendments.
Mr. Miller stated that he supports the deferral and expressed
concerns relative to recent circumstances involving children
and the list of crimes found through background searches of
prospective coaches to date.
Mr. Miller then made a motion for the Board to defer the
continuation of the public hearing to consider amending the
county policy regarding criminal background checks for
coaches of co-sponsored groups until September 18, 2002, and
also request that the Parks and Recreation Advisory
Commission provide a recommendation to the Board relative to
performing background checks through the federal registry in
addition to the systems currently being checked.
Mr. McHale seconded Mr. Miller's motion.
Mr. Barber inquired about the cost involved with providing
background searches of the federal registry.
Mr. Miller called for a public hearing relative to the
deferral.
Mr. Reginald Tinsley stated that he, too, is appalled at the
some of the crimes found through the background searches that
have been performed. He requested that the Board adopt a
procedure to review some of the denials on an individual
basis now because of the deadline for approval of football
coaching applications, and defer the issue of searching the
federal registry to a later date.
No one else came forward to speak to the deferral.
Mr. Chernau stated that some situations have been perceived
as possibly unfair because of the current policy with respect
to ~any crime whatsoever involving a juvenile."
Mr. Barber stated that he feels strongly that the Board
should consider an appeals process.
02- 598
08/28/02
Mr. Barber then made a substitute motion, for the Board to
approve the amendments to the county policy regarding
criminal background checks for coaches of co-sponsored
groups, and refer the issue of background checks through the
federal registry to the Parks and Recreation Commission to
make a recommendation to the Board.
Due to lack of a second, Mr. Barber's motion failed.
Mr. Miller called for a vote on his motion, seconded by Mr.
McHale, for the Board to defer the continuation of the public
hearing to consider amending the county policy regarding
criminal background checks for coaches of co-sponsored groups
until September 18, 2002, and also request that the Parks and
Recreation Advisory Commission provide a recommendation to
the Board relative to performing background checks through
the federal registry in addition to the systems currently
being checked.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
17.B. TO CONSIDER A REVISION TO THE SUBDIVISION ORDINANCE
RELATIVE TO THE SECOND ACCESS REQUIREMENTS AT THE TIME
OF ZONING
Mr. Jacobson stated that this date and time has been
advertised for a public hearing to consider a revision to the
subdivision ordinance relative to the second access
requirements at the time of zoning. He further stated that
the recently adopted subdivision ordinance allows a provision
for relief to the requirement for a second access to a
subdivision. He stated that the relief is provided through
the subdivision process or can be considered by the Board
through the zoning process. He further stated that the
Planning Commission and staff recou~end that the Board delete
the section allowing consideration of the relief through the
zoning process. He stated that, at the Board's June 26, 2002
public hearing, staff was directed to prepare an amendment to
allow under certain circumstances an appeal of the Planning
Commission's decision on the relief to the Board of
Supervisors, and staff has prepared the ability for an
aggrieved party to appeal the Planning Commission's decision
to the Board of Supervisors if that decision causes an
emergency service response time to exceed the Fire Department
standards or allows the traffic volumes on local streets to
exceed the adopted road policy in the subdivision
regulations.
When asked, Mr. Jacobson stated that an aggrieved party would
include the applicant.
Mr. Miller stated that he feels the Board should hear appeals
of the Planning Commission's decisions rather than the
Cir.cuit Court.
Mr. Miller called for the public hearing.
Mr. William Shewmake stated that he feels the issue of second
access requirements should be an unlimited appealable right
to the Board of Supervisors at the time of tentative
subdivision approval. He further stated that he also feels
02- 599
08/28/O2
it would be a mistake to prevent the Board from considering
the issue of second access requirements at the time of
zoning. He stated that it is imperative from a financial
standpoint for a property owner/developer to know for certain
the number of developable lots and the extent of relief from
the second access requirements at the time of zoning. He
referenced several zoning cases where relief to the second
access requirement at the time of zoning was vital, including
the Providence Golf Course development. He stated that the
current ordinance allows the Board to exercise common sense,
and urged the Board to continue the option of considering
relief to second access requirements at the time of zoning.
When asked, Mr. Shewmake stated that most contracts for the
purchase of property are contingent upon zoning approval, but
not upon tentative subdivision approval.
Mr. Barber expressed concerns relative to the short-term
benefit of granting relief from the second access requirement
and the long-term public safety and transportation issues
that will evolve if the relief is granted.
Mr. Jacobson stated that the Planning Commission and staff
are concerned about the long-term effects of granting relief
from second access requirements at the time of zoning,
indicating that the decision would be better made at the time
of tentative subdivision approval because more information is
available. He further stated that there are no standards to
make a decision on relief to second access requirements at
the time of zoning.
Mr. Shewmake stated that many projects would not come to
fruition if the granting of relief from second access
requirements at the time of zoning is eliminated.
Mr. George Beadles stated that, if an applicant requests
relief from second access requirements at the time of zoning,
he should provide technical information to substantiate the
need for relief. He further stated that, if the granting of
relief is done at the time of tentative subdivision approval,
there should be an appeal process to the Board of
Supervisors.
No one else came forward to speak to the issue.
Mr. Miller expressed concerns that there has been no
communication from the development community relative to the
issue. He stated that he does not feel the Planning
Commission should make the final decision, and expressed
concerns that the appeals listed in the proposed ordinance
are too limited.
Mr. Warren suggested that the public hearing be continued for
30 days to get additional comments from developers.
Mrs. Humphrey stated that she feels the Board needs to hear
comments from the business community and others that the
ordinance will apply to.
Mr. Warren made a motion for the Board to continue the public
hearing to consider a revision to the Subdivision Ordinance
relative to the second access requirements at the time of
zoning until October 23, 2002.
02- 600
08/28/02
Mr. Barber seconded the motion. He again expressed concerns
relative to short-term decisions to provide relief to second
access requirements having long-term effects.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
17.C. TO CONSIDER ADOPTION OF THE CONSOLIDATED EASTERN AREA
PLAN AND COMPANION ZONING ORDINANCE DEVELOPMENT
STANDARDS ALONG MAJOR ROADS
Mr. James Bowling, Principal Planner, stated that this date
and time has been advertised for a public hearing to consider
adoption of the Consolidated Eastern Area Plan and companion
zoning ordinance amendments. He reviewed amendments that
have been proposed since the Board's June 26, 2002 deferral
to address issues that have been raised - reduction of the
right of way width and setbacks along the parallel road on
the Thoroughfare Plan south of Route 10 to accommodate
development; reduction of the right of way width of a system
of collector roads south of Route 10 in the area of South
Bend; allowing industrial access on North Enon Road from the
Meadowville tract up to the existing access of the old
American Tobacco plant; allowing residential development in
the Meadowville tract north of Meadowville Road; adjustment
of densities for future residential development in the South
Bend area; commercial development in the Walthall Interchange
area; adjustment of maps to alleviate conflict relative to
setbacks and development standards in the Enon Core;
modification of the proposed increase in setback along Route
10 and along 01d Stage and Coxendale Roads; and allowance of
some additional commercial development along Route 10 between
Rivers Bend Boulevard and Kingston Road.
Mr. Miller excused himself from the meeting.
Mr. Warren called for the public hearing.
Mr. William McGonigal, property owner at 810 East Hundred
Road, expressed concerns relatiw~ to the 50-foot setback
proposed for his property frontage, stating that this will
have a negative impact on the value of his property.
Mr. George Emerson expressed appreciation to Mr. McHale for
addressing the issues raised by the citizens. He stated that
the plan calls for exploring a connector road between 1-95
and 1-295 as development occurs in the Walthall area, and
indicated that he feels the connector road needs to be
definitive. He expressed concerns relative to the necessity
of a transportation phasing plan to alleviate the burden on
certain property owners, particularly in the area of the
Hopper tract. He stated that he would like to see the Plan
reflect commercial zoning classification from Kingston Avenue
to Rivers Bend Road rather than Rivers Bend Boulevard because
there are only a few parcels in that area that are not
currently zoned commercial. He requested that plats for any
residential development on the ~eadowville tract clearly
state that industrially zoned sites lie south and west of
such residential development. He stated that he does not
feel the setbacks proposed on Route 10 are fair to all the
02- 601
08/28/O2
residents, indicating that he feels the current setbacks on
Route 10 are adequate.
Mr. Barber excused himself from the meeting.
Dr. Carter Burkey expressed concerns that the owners of
smaller tracts on Route 10 will not be able to develop their
property because of road and setback requirements. He stated
that he concurs with Mr. Emerson relative to the commercial
zoning classification from Kingston Avenue to Rivers Bend
Road.
Mr. Miller returned to the meeting.
Mrs. Humphrey excused herself from the meeting.
Mr. James Parrish, a resident of Bermuda Orchard Subdivision,
expressed concerns relative to the special access street and
desired preservation of Johnson Creek as a natural buffer
between future commercial development and his neighborhood.
He inquired about the reduction of the right of way width of
collector roads from 70 feet to 60 feet. He stated that he
supports the recommendation to adjust the densities for
future residential development in the South Bend area. He
expressed concerns relative to shielding the neighborhoods
south of Johnson Creek from the more intense uses along Route
10. He stated that he feels the owners of smaller parcels
will have to look at assemblage if they wish to develop their
property. He stated that he supports the proposed Plan and
does not want to see it ~nibbled away."
Mr. Barber returned to the meeting.
Mr. Dickie King expressed appreciation to Mr. McHale for his
diligent efforts with the Plan. He stated that he concurs
with Mr. Emerson's statements, indicating that he feels all
of the property along the corridor between Rivers Bend
Boulevard and Rivers Bend Road should be zoned commercial,
consistent with good planning.
Mr. Bobby Fisher, a resident of Route 10, requested that the
property from the Wawa Food Market to Rivers Bend Boulevard
be designated for C-5 rather than C-3.
Mrs. Humphrey returned to the meeting.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. McHale stressed the importance of addressing all concerns
raised by the public before adopting the Consolidated Eastern
Area Plan and companion ordinances. He stated that the
presence of the homes and subdivisions off Route 10 make the
property along Route 10 more valuable today, and that these
residential areas should be protected. He further stated
that reduction of the right of way width and setbacks for the
proposed parallel road will reduce traffic and also help
preserve Johnson Creek.
Mr. McHale then made a motion for the Board to defer
consideration of the Consolidated Eastern Area Plan and
companion zoning ordinance development standards along major
roads until September 18, 2002.
02- 602
08/28/02
Mr. Warren seconded the motion, ilndicating that he supports
the public's comments.
Mrs. Humphrey stressed the importance of defining on maps
where proposed large roads are to ]De located, indicating that
she feels this should be done with the proposed Plan. She
stated that she feels the entire area from Rivers Bend Road
to Kingston Avenue should be zoned commercial. She further
stated that she supports the deferral, and asked Mr. McHale
to consider these issues.
Mr. Miller called for a vote on the motion made by Mr.
McHale, seconded by Mr. Warren, for the Board to defer
consideration of the Eastern Area Plan and companion zoning
ordinance development standards along major roads until
September 18, 2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
17 .D.
TO CONSIDER THE ISSUANCE AND SALE OF GENERAL
OBLIGATION SCHOOL BONDS TO ~E VIRGINIA PUBLIC SCHOOL
AUTHORITY
Ms. Dickson stated that this date and time has been
advertised for a public hearing to consider the issuance and
sale of general obligation school bonds in an amount not to
exceed $24,905,000 to the Virginia Public School Authority
(VPSA) .
Mr. Miller called for the public hearing.
No one came forward to speak to the issue.
Ms. Kitchen came forward and stated that the Bailey Bridge
Middle School project is on schedule, and School staff is
working with county staff to determine a site for the
proposed new school.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
adopted the following resolution:
A RESOLUTION OF THE BOAS~ OF SUPERVISORS
OF THE COUNTY OF CHESTERFIELD, VIRGINIA,
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$24,905,000 GENERAL OBLIGATION SCHOOL
BONDS OF THE COUNTY OF CHESTERFIELD,
VIRGINIA, SERIES 2002B, TO BE SOLD TO THE
VIRGINIA PUBLIC SCHOOL AUTHORITY AND
PROVIDING FOR THE F01~M AND DETAILS
THEREOF
WHEREAS, the Board of Supervisors (the "Board") of the
County of Chesterfield, Virginia (the "County"), has
determined that it is necessary and expedient to borrow not
to exceed $24,905,000 and to issue its general obligation
school bonds for the purpose of financing various capital
school improvement projects of and for the County; and
02- 603
08/28/02
WHEREAS, the Board has held a public hearing, duly
noticed, on August 28, 2002, on the issuance of the Bonds (as
defined below) in accordance with the requirements of Section
15.2-2606.A of the Code of Virginia, 1950 (the "Virginia
Code");
WHEREAS, the School Board of the County has, by
resolution, requested the Board to authorize the issuance of
the Bonds and consented to the issuance of the Bonds;
WHEREAS, the Bond Sale Agreement (as defined below) will
reflect that the County is requesting to receive proceeds in
the amount of $24,905,000 (the "Proceeds Requested") from the
Virginia Public School Authority (the "VPSA") in connection
with the sale of the Bonds;
WHEREAS, the objective of the VPSA is to pay the County
a purchase price for the Bonds which, in the judgment of the
VPSA, reflects the market value of the Bonds (the "VPSA
Purchase Price Objective"), taking consideration of such
factors as the amortization schedule the County has requested
for the Bonds, the amortization schedules requested by other
localities, the purchase price to be received by VPSA for the
VPSA Bonds (as defined below) and other market conditions
relating to the sale of the VPSA Bonds; and
WHEREAS, such factors (i) may result in the Bonds having
a purchase price other than par and consequently the County
may have to issue a principal amount of Bonds that is greater
than or less than the Proceeds Requested in order to receive
an amount of proceeds that is substantially equal to the
Proceeds Requested; or (ii) the County may be required to
accept a discount, given the VPSA Purchase Price Objective
and market conditions, under which circumstance the proceeds
from the sale of the Bonds received by the County would be
less than the amount set forth in Section 1 below;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
OF
SECTION 1. Authorization of Bonds and Use of
Proceeds. The Board hereby determines that it is advisable
to contract a debt and issue and sell its general obligation
school bonds in an aggregate principal amount not to exceed
$24,905,000 (the "Bonds") for the purpose of financing
various capital school improvement projects of and for the
County. The Board hereby authorizes the issuance and sale of
the Bonds pursuant to Title 15.2, Chapter 26 of the Virginia
Code (the same being the Public Finance Act of 1991) and in
the form and upon the terms established pursuant to this
Resolution.
SECTION 2. Sale of the Bonds. It is determined to
be in the best interest of the County to sell the Bonds to
the VPSA at a price, determined by the VPSA at the time of
sale to be fair and accepted by the County Administrator,
without further action by the Board, that is substantially
equal to the Proceeds Requested, except that the Bonds may be
sold for a purchase price not lower than 98% of the Proceeds
Requested if issuing the Bonds in the maximum principal
amount authorized by Section 1 of this Resolution is
insufficient, given the VPSA Purchase Price Objective and
market conditions, to generate an amount of proceeds
02- 60~
08/28/02
substantially equal to the Proceeds Requested. The County
Administrator is hereby authorized and directed to enter into
a Bond Sale Agreement with the VPSA providing for the sale of
the Bonds to the VPSA in substantially the form entered into
by the County with the VPSA in connection with previous sales
of general obligation school bonds by the County to the VPSA
(the "Bond Sale Agreement").
SECTION 3. Details of the Bonds. The Bonds shall be
issuable in fully-registered form; shall be dated the date of
issuance and delivery of the Bonds; shall be designated
"County of Chesterfield, Virginia, General Obligation School
Bonds, Series 2002B"; shall bear interest from the date of
delivery thereof payable on July 15, 2003 and semiannually on
each January 15 and July 15 thereafter (each an "Interest
Payment Date"), subject to the provisions of Section 4 of
this Resolution and at the rates established in accordance
with Section 4 of this Resolution~ and shall mature on July
15 in the years (not exceeding forty (40) years from the date
of the Bonds) (each a "Principal Payment Date") and in the
amounts in each such year (the "Principal Installments")
determined by the County Administrator, without further
action by the Board, subject to the provisions of Section 4
of this Resolution.
SECTION 4. Interest Rates and Principal
Installments. The County Administrator is hereby authorized
and directed, without further action of the Board, to accept
the interest rates on the Bonds established by the VPSA;
provided that each interest rate shall be ten one-hundredths
of one percent (0.10%) over the annual rate to be paid by the
VPSA for the corresponding principal payment date of the
bonds to be issued by the VPSA (thee "VPSA Bonds"), a portion
of the proceeds of which will be used to purchase the Bonds,
and provided further that the true interest cost with respect
to the Bonds shall not exceed six percent (6.00%). The
Interest Payment Dates and the Principal Installments are
subject to change at the request of the VPSA. The County
Administrator is hereby authorized and directed, without
further action by the Board, to accept changes in the
Interest Payment Dates and the Principal Installments at the
request of the VPSA; provided that the a~gregate principal
amount of the Bonds shall not exceed the amount authorized by
this Resolution. The execution and delivery of the Bonds as
described in Section 8 hereof shall conclusively evidence
such interest rates established by the VPSA and the Interest
Payment Dates and the Principal Installments requested by the
VPSA as having been so accepted as authorized by this
Resolution.
SECTION 5. Form of the Bonds. For as lon~ as the
VPSA is the registered owner of the Bonds, the Bonds shall be
in the form of a single, temporary typewritten bond
substantially in the form attached hereto as Exhibit A.
SECTION 6. Payment; Payin~ Agent and Bond Registrar.
The following provisions shall apply to the Bonds:
(a) For as long as the VPSA is the registered owner of
the Bonds, all payments of principal of and premium, if any,
and interest on the Bonds shall be made in immediately
available funds to the VPSA at, or before 11:00 A.M. on the
applicable Interest Payment Date, Principal Payment Date or
02- 605
08/28/02
date fixed for prepayment or redemption, or if such date is
not a business day for Virginia banks or for the Commonwealth
of Virginia, then at or before 11:00 A.M. on the business day
next preceding such Interest Payment Date, Principal Payment
Date or date fixed for prepayment or redemption.
(b) Ail overdue payments of principal and, to the
extent permitted by law, interest shall bear interest at the
applicable interest rate or rates on the Bonds.
(c) There is hereby delegated to the County
Administrator the authority to designate a Bond Registrar and
Paying Agent for the Bonds.
SECTION 7. Redemption or Redemption. The Principal
Installments of the Bonds shall be subject to redemption or
prepayment upon such terms and conditions as shall be
determined by the VPSA and accepted by the County
Administrator, without further action by the Board; provided
that in no event shall the premium payable upon the
redemption or prepayment of any Bond be in excess of three
percent (3%) of the principal amount of such Bond. The Board
covenants, on behalf of the County, not to refund or
refinance the Bonds without first obtaining the written
consent of the VPSA or the registered owner of the Bonds.
SECTION 8. Execution of the Bonds. The Chairman or
Vice Chairman and the Clerk or any Deputy Clerk of the Board
are authorized and directed to execute and deliver the Bonds
and to affix the seal of the County thereto.
SECTION 9. Pledge of Full Faith and Credit. For the
prompt payment of the principal of and premium, if any, and
the interest on the Bonds as the same shall become due, the
full faith and credit of the County are hereby irrevocably
pledged. In each year while any of the Bonds shall be
outstanding, the Board is authorized and required to levy and
collect annually, at the same time and in the same manner as
other taxes of the County are assessed, levied and collected,
a tax upon all taxable property within the County, over and
above all other taxes, authorized or limited by law and
without limitation as to rate or amount, sufficient to pay
when due the principal of and premium, if any, and interest
on the Bonds to the extent other funds of the County are not
lawfully available and appropriated for such purpose.
SECTION 10. Use of Proceeds Certificate and
Certificate as to Arbitrage. The Chairman of the Board, the
County Administrator and such officer or officers of the
County as either may designate are hereby authorized and
directed to execute a Certificate as to Arbitrage and a Use
of Proceeds Certificate each setting forth the expected use
and investment of the proceeds of the Bonds and containing
such covenants as may be necessary in order to show
compliance with the provisions of the Internal Revenue Code
of 1986 (the "Code") and applicable regulations promulgated
thereunder relating to the exclusion from gross income of
interest on the Bonds and on the VPSA Bonds. The Board
covenants on behalf of the County that (i) the proceeds from
the issuance and sale of the Bonds will be invested and
expended as set forth in such Certificate as to Arbitrage and
such Use of Proceeds Certificate and that the County shall
comply with the other covenants and representations contained
02- 606
08/28/02
therein; and (ii) the County shall comply with the provisions
of the Code so that interest on the Bonds and on the VPSA
Bonds will remain excludable from gross income for federal
income tax purposes.
SECTION 11. State Non-Arbitrage Program; Proceeds
Agreement. The Board hereby determines that it is in the
best interests of the County to authorize and direct the
County Treasurer to participate in the State Non-Arbitrage
Program in connection with the Bonds. The Chairman of the
Board, the County Administrator and such officer or officers
of the County as either may designate are hereby authorized
and directed to execute and deliver a Proceeds Agreement with
respect to the deposit and investment of proceeds of the
Bonds by and among the County, the other participants in the
sale of the VPSA Bonds, the VPSA, the investment manager and
the depository, substantially in the form entered into by the
County with the other participants in the sale of the VPSA
Bonds, the VPSA, the investment manager and the depository in
connection with previous sales of general obligation bonds by
the County to the VPSA, which form is hereby approved.
SECTION 12. Continuing Disclosure Agreement. The
Chairman of the Board, the County Administrator and such
officer or officers of the County as either may designate are
hereby authorized and directed to execute a Continuing
Disclosure Agreement, as set forth in an appendix to the Bond
Sale Agreement, setting forth the reports and notices to be
filed by the County and containing such covenants as may be
necessary in order to show compliance with the provisions of
the Securities and Exchange Commission Rule 15c2-12 and
directed to make all filings required by the Bond Sale
Agreement should the County be determined to be a MOP (as
defined in the Continuing Disclosure Agreement).
SECTION 13. Filing Resolution. The Clerk of the
Board of Supervisors is hereby authorized and directed to
cause a certified copy of this Resolution, certified by the
Clerk of the Board of Supervisors to be a true and correct
copy hereof, with the Circuit Court of the County.
SECTION 14. Further Actions. The members of the
Board and all officers, employees and agents of the County
are hereby authorized to take such action as they or any one
of them may consider necessary or desirable in connection
with the issuance and sale of the Bonds and any such action
previously taken is hereby ratified[ and confirmed.
SECTION 15. Effective Date.
take effect upon its adoption.
This Resolution shall
The undersigned Clerk of the Board of Supervisors of the
County of Chesterfield, Virginia, hereby certifies that the
foregoing constitutes a true and correct extract from the
minutes of a meeting of the Board of Supervisors held on
August 28, 2002, and of the whole thereof so far as
applicable to the matters referred to in such extract. I
hereby further certify that such meeting was a regularly
scheduled meeting and that, during the consideration of the
foregoing resolution, a quorum was present. Members present
at the meeting were:
02- 607
08/28/02
Members absent from the meeting were:
Members voting in favor of
the foregoing resolution were:
Members voting against the foregoing resolution were:
Members abstaining from voting
on the foregoing resolution were:
WITNESS MY HAND and the seal of the Board of Supervisors
of the County of Chesterfield, Virginia, this 28th day of
August, 2002.
[SEAL]
Clerk of the Board of Supervisors
County of Chesterfield, Virginia
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-1 $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF CHESTERFIELD
GENERAL OBLIGATION SCHOOL BOND
SERIES 2002
The COUNTY OF CHESTERFIELD, VIRGINIA (the "County"), for
value received, hereby acknowledges itself indebted and
promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the
principal amount of DOLLARS
($ ), in annual installments in the amounts set
forth on Schedule I attached hereto payable on July 15, 2003
and annually on each July 15 thereafter to and including July
15, (each a "Principal Payment Date"), together with
interest from the date of this Bond on the unpaid
installments, payable on July 15, 2003 and semiannually on
each January 15 and July 15 thereafter (each an "Interest
Payment Date"; together with any Principal Payment Date, a
"Payment Date"), at the rates per annum set forth on Schedule
I attached hereto, subject to prepayment or redemption as
hereinafter provided. Principal of and premium, if any, and
interest on this Bond are payable in lawful money of the
United States of America.
For as long as the Virginia Public School Authority is
the registered owner of this Bond, ,
, , as bond registrar (the "Bond
Registrar"), shall make all payments of principal of and
premium, if any, and interest on this Bond, without the
presentation or surrender hereof, to the Virginia Public
School Authority, in immediately available funds at or before
11:00 A.M. on the applicable Payment Date or date fixed for
prepayment or redemption. If a Payment Date or date fixed
for prepayment or redemption is not a business day for banks
in the Commonwealth of Virginia or for the Commonwealth of
Virginia, then the payment of principal of or premium, if
any, or interest on this Bond shall be made in immediately
available funds at or before 11:00 A.M. on the business day
02- 608
08/28/02
next preceding the scheduled Payment Date or date fixed for
prepayment or redemption. Upon receipt by the registered
owner of this Bond of such payments of principal, premium, if
any, and interest, written acknowledgment of the receipt
thereof shall be given promptly to the Bond Registrar, and
the County shall be fully discharged of its obligation on
this Bond to the extent of the payment so made. Upon final
payment, this Bond shall be surrendered to the Bond Registrar
for cancellation.
The full faith and credit of the County are irrevocably
pledged for the payment of the principal of and the premium,
if any, and interest on this Bond. The resolution adopted by
the Board of Supervisors of the County authorizing the
issuance of the Bonds provides, and Section 15.2-2624 of the
Code of Virginia 1950, requires, in each year while any of
the Bonds shall be outstanding the Board of Supervisors of
the County shall be authorized and required to levy and
collect annually, at the same time and in the same manner as
other taxes of the County are assessed, levied and collected
a tax upon all taxable property within the County over and
above all other taxes, authorized or limited by law and
without limitation as to rate or amount, sufficient to pay
when due the principal of and premium, if any, and interest
on this Bond to the extent other funds of the County are not
lawfully available and appropriated for such purpose.
This Bond is duly authorized~ and issued in compliance
with and pursuant to the Constitution and statutes of the
Commonwealth of Virginia, includin~ Title 15.2, Chapter 26 of
the Code of Virginia, 1950 (the same being the Public Finance
Act of 1991), and resolutions duly adopted by the Board of
Supervisors of the County and the School Board of the County
for the purpose of financing capital school improvement
projects of and for the County.
This Bond may be exchanged without cost, on twenty (20)
days written notice from the Virginia Public School
Authority, at the office of the Bond Registrar on one or more
occasions for two or more temporary bonds or definitive bonds
in fully registered form in denominations of $5,000 and whole
multiples thereof, and; in any case, having an equal
aggregate principal amount having maturities and bearing
interest at rates corresponding to the maturities of and the
interest rates on the installments of principal of this Bond
then unpaid. This Bond is registered in the name of the
Virginia Public School Authority on the books of the County
kept by the Bond Registrar, and the transfer of this Bond may
be effected by the registered owner of this Bond only upon
due execution of an assignment ]Dy such registered owner.
Upon receipt of such assignment and the surrender of this
Bond, the Bond Registrar shall exchange this Bond for
definitive Bonds as hereinabove provided, such definitive
Bonds to be registered on such registration books in the name
of the assignee or assignees named in such assignment.
[The principal installments of this Bond coming due on
or before July 15, and the definitive Bonds for which
this Bond may be exchanged that mature on or before July 15,
are not subject to prepayment or redemption prior to
their stated maturities. The principal installments of this
Bond coming due after July 15, and the definitive Bonds
for which this Bond may be exchan!~ed that mature after July
02- 609
08/28/02
15, are subject to prepayment or redemption at the
option of the County prior to their stated maturities in
whole or in part, on any date on or after July 15, , upon
payment of the prepayment or redemption prices (expressed as
percentages of principal installments to be prepaid or the
principal amount of the Bonds to be redeemed) set forth below
plus accrued interest to the date set for prepayment or
redemption:
Dates Prices
July 15,
July 15,
July 15,
July 15,
to July 14,
to July 14,
to July 14,
and thereafter
, inclusive
, inclusive
, inclusive
100;
Provided, however, that the Bonds shall not be subject
to prepayment or redemption prior to their stated maturities
as described above without the prior written consent of the
registered owner of the Bonds. Notice of any such
prepayment or redemption shall be given by the Bond Registrar
to the registered owner by registered mail not more than
ninety (90) and not less than sixty (60) days before the date
fixed for prepayment or redemption.]
Ail acts, conditions and things required by the
Constitution and laws of the Commonwealth of Virginia to
happen, exist or be performed precedent to and in the
issuance of this Bond have happened, exist and have been
performed in due time, form and manner as so required, and
this Bond, together with all other indebtedness of the
County, is within every debt and other limit prescribed by
the Constitution and laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the Board of Supervisors of the
County of Chesterfield has caused this Bond to be issued in
the name of the County of Chesterfield, Virginia, to be
signed by its Chairman or Vice-Chairman, its seal to be
affixed hereto and attested by the signature of the Clerk or
any Deputy Clerk of the Board of Supervisors, and this Bond
to be dated , 2002.
COUNTY OF CHESTERFIELD,
VIRGINIA
(SEAL)
Chairman of the Board of Supervisors
County of Chesterfield, Virginia
ATTEST:
Clerk of the Board of Supervisors
County of Chesterfield, Virginia
ASSIGNMENT
02- 610
08/28/02
FOR VALUE RECEIVED, the undersigned sells, assigns and
transfers unto
(Please print or typewrite name and address, including zip
code, of Assignee)
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING ~/MBER OF ASSIGNEE:
The within Bond and irrevocably constitutes and appoints
attorney to exchange such Bond
for definitive bonds in lieu of which this Bond is issued and
to register the transfer of such definitive bonds on the
books kept for registration thereof, with full power of
substitution in the premises.
Date:
Registered Owner
Signature Guaranteed:
(NOTICE: Signature(s) must
be guaranteed by an
eligible guarantor insti-
tution" meeting the require-
ments of the Bond Registrar
which requirements will
include Membership or
participation in STAMP or
such other "signature
~uarantee program" as may
be determined by the Bond
Registrar in addition to,
Or in substitution for,
STAMP, all in accordance
with the Securities
Exchange Act of 1934, as
amended.
(NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular,
without alteration of change.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
17.E. TO CONSIDER AN ORDINANCE REI~TIN~ TO PAYMENT OF
DELINQUENT UTILITY BILLS
Mr. Bryant stated that this date and time has been advertised
for a public hearing to consider an ordinance relating to
payment of delinquent utility bills.
02- 611
08/28/02
Mr. Miller called for the public hearing.
No one came forward to speak to the ordinance.
Discussion ensued relative to the current process
collecting payments of delinquent utility bills.
for
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING
AND RE-ENACTING SECTION 18-30 RELATING TO
PAYMENT OF DELINQUENT UTILITY BILLS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 18-30 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 18-30.
Termination of service for nonpayment of utility
charges; security deposits.
(a) If the bill for any utility charge remains
delinquent for 15 days and the director has sent written
notice to the consumer that utility service will be
disconnected, the director shall disconnect utility service.
(b) Consumers paying delinquent bills shall pay the
following charges in addition to the full payment of the
delinquent bill:
(1) Ten dollars ($10.00) when payment is made
after a courtesy notification tag has been delivered;
(2) Thirty dollars ($30.00) when payment is made
after the consumer's service has been disconnected.
(c) The director shall require all consumers who have
filed a petition in bankruptcy to provide adequate assurance
of payment for future utility service in accordance with
federal law.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
17.F. TO CONSIDER RE-ADOPTION OF AN ORDINANCE IMPOSING
MANDATORY WATER-USE RESTRICTIONS
Mr. Bryant stated that the Board adopted an ordinance on an
emergency basis at its July 24, 2002 meeting imposing water-
use restrictions effective August 15, 2002. He further
stated that this date and time has been advertised for a
public hearing to consider re-adoption of the ordinance.
Mr. Miller called for the public hearing.
02- 612
08/28/02
Mr. Dick Page stated that he does not feel the ordinance
adopted by the Board on an emergency basis went far enough,
indicating that he feels the Board should also discontinue
the watering of lawns and golf courses, as well as the
washing of cars during the week, until such time as the water
tables return to the necessary quantities. He expressed
concerns relative to water being wasted by flushing lines
because of excessive manganese in the pipes serving the
county from the Appomattox River Water Authority. He stated
that Swift Creek Reservoir, on a given day, has a higher
manganese rate than does the Appomattox River Water
Authority, and suggested that the same principles being
applied at Swift Creek also be applied by Appomattox. He
expressed concerns relative to the quantities of MTBE and
TAME in the water at Lake Chesdin, and stated that he feels
recreational boating should be restricted at Lake Chesdin to
maintain the integrity of the county's water supply. He
requested that the Board refrain from approving any zoning
cases for development in the Swift Creek and Lake Chesdin
water sheds until after the current sites that have already
been zoned have been built and the county has time to assess
the impact of the additional construction on the water supply
and quality.
Mrs. Humphrey inquired as to what restrictive powers the
Board has relative to motorboat or two-cycle engine use in
Lake Chesdin.
Mr. Micas stated that the Board could restrict recreational
boat use in Lake Chesdin to protect the county's water
supply.
Mr. Bill Hype, a resident of the Midlothian District,
questioned whether a two-month long ordinance is what is
needed under crisis conditions. He expressed concerns that
the current mandatory restrictions will not be very
effective, and indicated that he feels much more serious
thought needs to be given to conservation measures. He
stated that he has a neighbor who waters daily during the
dark hours, and expressed concerns that this type of activity
cannot be penalized because of the time of the violation. He
suggested that the Board seriously consider the concept of
another reservoir upstream of Swift Creek.
Mr. George Beadles stated that he feels the ordinance should
be continuous, rather than ending October 31, 2002. He
further stated that he feels the penalties should be greater.
He stated that he feels the Board should also consider
regulating the use of well water. He further stated that he
feels golf courses should have the same restrictions as
citizens, and indicated that he feels the citizens need to be
more educated about water issues. He stated that the Falling
Creek Reservoir could be a good source of irrigation water
for a limited area, and indicated that BMPs are going to
become more important.
There being no one else to speak to the ordinance, the public
hearing was closed.
Mrs. Humphrey stated that the Board is discussing the
county's future water needs with other localities. She
02- 613
08/28/02
further stated that she feels golf courses should have the
same restrictions as citizens.
Mr. Bryant stated that golf courses are limited to watering
from 8 p.m. to 4 a.m. six days a week, so as not to occur
concurrently with residential water use.
Discussion ensued relative to further limitations for golf
courses.
Mr. Bryant stated that only three golf courses use county
water for irrigation purposes - Salisbury, Providence and
First Tee.
When asked, Mr. Bryant stated that he has no issues with
deleting the ending date of October 31, 2002 from the
ordinance.
Mrs. Humphrey expressed concerns that the penalties
violating the ordinance are inadequate.
for
Mr. Micas stated that Mr. Miller has recommended changing the
penalties to $100 for the first offense; $200 for the second;
and $100 for each additional offense with no cap.
Mr. Miller stated that he is not convinced that golf courses
need to water on a daily basis. He expressed concerns
relative to the extent of watering being done at business
locations. He stated that he is unsure as to whether the
Board should allow residential lawn watering at all. He
expressed concerns that, if we do not get rain during the
winter, there will be a crisis in the spring. He stated
that, if the Board takes more severe measures now, the county
may be in a better position in the spring. He further stated
that he feels the fines should be increased; there should be
no end date to the ordinance; lawn watering should be limited
more severely, if not eliminated; and the issue of golf
course watering needs to be explored further.
Mr. Bryant stated that protection of the Swift Creek
Reservoir was the focus of the ordinance. He further stated
that the Swift Creek Plant has been operating at half
capacity well before the mandatory restrictions. He stated
that the Swift Creek level is much lower than it has been
historically, but is not overall as low as it has been at
other times. He further stated that the current output of
the plant is between five and six million gallons per day,
and indicated that the treatment cannot be properly
controlled if the plant is operated below four million
gallons a day. He stated that the other option would be to
shut down Swift Creek, keep it in reserve, and try to start
it up if and when needed. He noted that, if the plant was
needed in an emergency, it would not be a quick process, but
a matter of days, to bring it back on line. He stated that,
although Lake Chesdin has low levels, the Appomattox River
Water Authority has just recently asked the other four
localities to use voluntary restrictions. He stated that
staff does not recommend shutting down the Swift Creek Plant
because it is unclear what it would take to bring it back
online and produce a safe product.
02- 614
08/28/02
Mrs. Humphrey suggested that a letter be sent to the other
jurisdictions who receive water from the Appomattox River
Water Authority suggesting mandatory water restrictions.
Mr. Bryant noted that the county is by far the largest user
of the resources from the Appomattox River Water Authority.
Mr. Barber stated that the mandatory restrictions have had a
positive effect, and indicated that the Board may need to
consider other methods of decreasing water use if the
restrictions do not result in the desired effect. He further
stated that he supports deleting the ending date of the
ordinance. He stated that the Board could designate a single
day of the week for odd day watering and a single day for
even day watering, including golf course fairways, but golf
course greens, a large investment, could continue to be
watered as specified in the ordinance. He further stated
that he was not aware that well water was not a part of the
ordinance, indicating that he feels there is a public
interest in the effect of well water usage on aquifers. He
stated that he feels the Board should consider applying the
ordinance to all water use (including wells) and continue to
develop alternative strategies for future restrictions.
Mr. Warren stated that the Board has not considered
restricting new development that 'will add to the burden on
the water system.
Discussion ensued relative to the possibility of imposing a
moratorium on development in the Swift Creek and Appomattox
water sheds during the drought period.
Mr. Warren stated that the county's measures appear to be
working, and indicated that he does not feel the Board should
do anything drastic without specific recommendations from
staff. He expressed concerns that. changing the restrictions
will confuse residents.
Mr. Miller stated that one possibility would be to average
water usage and place a surcharge on anything above a certain
amount. He further stated that he supports increased fines.
Mr. McHale expressed concerns relative to the unknown risk of
MTBE in Lake Chesdin as the volume of the water in the lake
decreases. He requested that staff provide the Board with
information relative to MTBE in Lake Chesdin and restriction
of recreational uses to conserve the county's water supply.
Mr. Ramsey stated that several years ago the Appomattox River
Water Authority began monitoring MTBE and its source. He
further stated that the testing has determined that the
source of the MTBE is the boats because the levels go down in
the winter. He stated that the highest levels in July have
shown a level of eight parts per billion and noted that the
Environmental Protection Agency has set no level for the
standard. He further stated that California has set a
standard of 20 parts per billion. He stated that during the
winter months, the MTBE level is generally .5 parts per
billion, which is the lowest detectable level. He further
stated that, if the levels get to a point of significant
concern, the Board could significantly impact it by
restricting recreational boat use. He stated that the issue
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has taken care of itself because there are no boats on Lake
Chesin at this time.
Mr. McHale inquired as to how much MTBE would cause
irreversible harm, and stated that the Board needs to be
thinking into the future as development occurs in the area of
Lake Chesdin. He stated that he would like more information
relative to the science of MTBE; whether the Board should be
considering restrictions; DEQ recommendations; and the
reasoning behind the standard set in California. He further
stated that he would also like information relative to the
amount of water saved if all outdoor nonessential uses were
restricted. He stated that the county needs to do better
with enforcement of the ordinance, and indicated that he
supports much more stringent penalties.
Mr. Miller stated that the penalties he suggested were just a
starting point, and he is willing to impose stricter
penalties.
Mr. McHale made a motion for the Board to re-adopt the
ordinance adopting mandatory restrictions on use of public
water, with the penalty for the first offense being $100 and
doubling for each successive offense up to a maximum of
$1,600.
Mr. Micas stated that the fines are civil penalties and
violations are not criminal offenses.
After brief discussion, Mr. McHale amended his motion to
leave the expiration date open.
Mrs. Humphrey seconded the motion made by Mr. McHale.
Mr. Barber stated that he still wants to explore the issue of
restricting well usage.
Mr. Miller called for a vote on the motion of Mr. McHale,
seconded by Mrs. Humphrey, for the Board to re-adopt the
ordinance adopting mandatory restrictions on use of public
water, as amended, as follows:
AN ORDINANCE ADOPTING
MANDATORY RESTRICTIONS ON USE OF PUBLIC WATER
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That the
follows:
following ordinance
is hereby adopted as
Sec. 1. Finding of an emergency.
Due to the current water levels of Chesterfield County's
water supply sources and anticipated demand in the immediate
future, it is hereby determined that a water supply emergency
exists which necessitates the adoption of this ordinance
restricting the use of public water in the County under the
terms and conditions set forth herein.
Sec. 2. Mandatory public water use restriction measures.
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Users of the public water system shall limit their use
of public water as follows:
(a) Decorative or landscape fountains.
prohibited.
Water use is
(b) Paved areas. Washing is prohibited except for
health and safety requirements.
(c) Swimming pools. Filling and replenishing to
maintain health and safety is permitted. All other uses are
prohibited.
(d) Vehicle washing. Non-con~ercial washing is limited
to one day per week using only hoses with an automatic shut-
off nozzle. Commercial vehicle washing businesses are
permitted to operate under normal conditions.
(e) Established landscaping, vegetable gardens.
Watering is limited to three days per week by address.
Addresses ending with an odd number may water only on
Tuesdays, Thursdays and Saturdays. Addresses ending with an
even number and locations with nc. street number, may water
only on Wednesdays, Fridays and Sundays. Watering is
prohibited on Mondays. Watering with buckets of up to five
gallons per day is permitted at any time.
(f) New landscaping. Ail watering is permitted for the
first 10 days after planting. Tihereafter, the restriction
for established landscaping shall apply.
(g) Golf courses. Watering restricted to Tuesday
through Sunday between 8:00 p.m. and 4:00 a.m. Greens are
exempted from this restriction.
Sec. 3. Effective date of restrictions.
These restrictions shall take effect on August 15, 2002.
Sec. 4. Declaration.
Notice of these public water use restrictions shall be
published in the Richmond Times Dispatch and Petersburg
Progress Index for a minimum of one day per week for each
week that the restrictions are in force.
Sec. 5. Violation.
It shall be a violation of thais ordinance for any person
to use water or allow or cause the use of water in violation
of any of the provisions of this ordinance after the first
publication required by Section 3 herein.
Sec. 6. Penalty.
Any person who violates any ~,rovision of this ordinance
shall be subject to the following penalties:
(a) For the first offense, violators shall be fined
$100.00. For the second offense, violators shall be fined
two hundred dollars ($200.00). For the third offense,
violators shall be fined four hundred dollars ($400.00). For
the fourth offense, violators shall be fined eight hundred
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dollars ($800.00). For the fifth and each subsequent
offense, violators shall be fined one thousand six hundred
dollars ($1,600.00). All fines shall be imposed on the
violator's next water bill.
(b) Each violation by a person shall be counted as a
separate violation by that person, irrespective of the
location at which the violation occurs.
(c) Persons shall have the right to challenge the
assessment of a penalty. Such challenge shall be filed
within 10 days of the assessment of the penalty by notifying
the County Attorney of such challenge, in writing. Upon
receipt of such challenge, the County Attorney shall file a
civil warrant in General District Court seeking adjudication
of the imposition of the fine.
Sec. 7. Definitions.
The following words and phrases, when used in this
ordinance, shall have the meaning ascribed to them below,
except in those instances where the context clearly indicates
a different meaning:
Established landscaping. Landscaping plantings existing
in an area after such period of time as to accomplish an
establishment and maintenance of growth.
New landscaping. Any landscaping made up of plants or
seeds planted in or transplanted to an area within such
period of time as to accomplish a reasonable establishment
and maintenance of growth.
Person. Any individual corporation, partnership,
association, company, business, trust, joint venture or other
legal entity.
Swimming pool. Any structure, basin, chamber, or tank,
containing an artificial body of water for swimming, diving
or recreational bathing and having a depth of two feet or
more at any point.
Vegetable garden. Any "non-commercial" vegetable garden
planted primarily for household use; ~non-commercial"
includes incidental direct selling of produce from such a
vegetable garden to the public.
Sec. 8. This ordinance shall not be set out in the Code.
(2) That this ordinance shall take effect immediately.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Barber expressed concerns that people with wells can
water every day and one person's use can affect others using
the same aquifer.
Mr. Barber then made a motion for staff to provide a
recommendation on September 18, 2002 relative to
incorporating mandatory restrictions to well usage.
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08/28/02
Mrs. Humphrey stated that she would like information relative
to the areas of the county in which well permits have been
requested.
Dr. Nelson stated that this information will be difficult to
determine because most of the wells are deep drilled and go
into very large aquifers. He furtlher stated that it takes a
long time for the drought to affect the aquifers. He stated
that he will contact a hydrogeologist to provide information
relative well water use.
When asked, Dr. Nelson stated that most of the wells that
have gone dry are shallow wells. He further stated that MTBE
is not listed as a carcinogen by the EPA, and the current
levels are nowhere close to causing' adverse health effects.
Mr. McHale seconded Mr. Barber's motion.
Mr. Miller called for a vote on the motion of Mr. Barber,
seconded by Mr. McHale, for staff to provide a recommendation
on September 18, 2002 relative to incorporating mandatory
restrictions to well usage.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mrs. Humphrey requested that Dr. Nelson have a well digger
attend the September 18, 2002 meeting to answer the Board's
questions.
17.G. TO CONSIDER AN ORDINANCE TO VACATE A SIXTEEN-FOOT
ALLEY AND A PORTION OF A TEN-FOOT ALLEY WITHIN REVISED
PLAN OF RAYON PARK
Mr. Harmon stated that this date and time has been advertised
for a public hearing to consider an ordinance to vacate a
sixteen-foot alley and a portion of a ten-foot alley within
Revised Plan of Rayon Park.
Mr. Miller called for the public hearing.
No one came forward to speak to the ordinance.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following ordinance:
AN ORDINANCE whereby the CO~TY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to ROBERT EARL
TERRELL, EVERETTE MARTIN TERRELL and DEBORAH JEAN
TERRELL CARNEAL, ("GRANTEE"), a 16' alley and a
portion of a 10' alley within Revised Plan of
Rayon Park, BERMUDA Magisterial District,
Chesterfield County, Virginia~. as shown on a plat
by W. W. LAPRADE AND BROS., recorded in the
Clerk's Office of the Circuit Court of
Chesterfield County in Plat Book 4, at Page 150.
WHEREAS, ROBERT EARL TERRELL, EVERETTE MARTIN TERRELL
and DEBORAH JEAN TERRELL CARNEAL, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a 16'
alley and a portion of a 10' alley within Revised Plan of
Rayon Park, BERMUDA Magisterial District, Chesterfield
County, Virginia more particularly shown on a plat of record
in the Clerk's Office of the Circuit Court of said County in
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Plat Book 4, Page 150, by W. W. LAPRADE AND BROS., dated JULY
5, 1928, recorded SEPTEMBER 7, 1928. The alleys petitioned
to be vacated are more fully described as follows:
A 16' alley and a portion of a 10' alley, within
Revised Plan of Rayon Park, the location of which
is more fully shown on a sketch attached hereto
and made a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virqinia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the 16' alley and portion of the 10' alley sought to be
vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid 16' alley and
portion of 10' alley be and are hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the sketch attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the centerline of the alleys hereby
vacated in the abutting property owners within Revised Plan
of Rayon Park free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and ROBERT
EARL TERRELL, EVERETTE MARTIN TERRELL and DEBORAH JEAN
TERRELL CARNEAL, or their successors in title, as GRANTEE.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
17.H. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 3&, OLD
HUNDRED MILL, SECTION D
Mr. Harmon stated that this date and time has been advertised
for a public hearing to consider an ordinance to vacate a
portion of a sixteen-foot drainage easement across Lot 34,
Old Hundred Mill, Section D.
Mr. Miller called for the public hearing.
No one came forward to speak to the ordinance.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
adopted the following ordinance:
AN OP~INANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to PAUL B. JORDAN,
II and NICOLE C. JORDAN, ("GRANTEE"), a portion of
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08/28/02
a 16' drainage easement across Lot 34, Old Hundred
Mill, Section D, CLOVER HILL Magisterial District,
Chesterfield County, Virginia., as shown on a plat
thereof duly recorded in the Clerk's Office of the
Circuit Court of Chesterfield County in Plat Book
119, at Page 84.
WHEREAS, PAUL B. JORDAN, II and NICOLE C. JORDAN,
petitioned the Board of Supervisors of Chesterfield County,
Virginia to vacate a portion of a 16' drainage easement
across Lot 34, Old Hundred Mill, Section D, CLOVER HILL
Magisterial District, Chesterfie].d County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 119, Page
84, by BALZER AND ASSOCIATES, INC., dated MAY 15, 2001,
recorded AUGUST 13, 2001. The portion of easement petitioned
to be vacated is more fully described as follows:
A portion of a 16' drainage easement, across Lot
34, Old Hundred Mill, Section. D, the location of
which is more fully shown on a plat made by POTTS,
MINTER AND ASSOCIATES, P.C., dated JULY 10, 2002,
a copy of which is attached hereto and made a part
of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virqinia~. 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of easement
be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance ~.ursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the portion of easement hereby vacated in
the property owner of Lot 34, Block Old Hundred Mill, Section
D free and clear of any rights of ~.ublic use.
By execution of this ordinance, GRANTEE does hereby
release and hold GRANTOR harmless from any claims for injury
or damage to that portion of the .improvement located on the
vacated portion of the easement resulting from the initial
construction of drainage improvements or any maintenance,
repair or replacement of the drainage improvements within the
easement.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRanTOR, and PAUL B.
JORDAN, II and NICOLE C. JORDAN, or their successors in
title, as GRANTEE.
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08/28/02
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
17.I. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
SEVENTY-TWO FOOT UNIMPROVED RIGHT OF WAY KNOWN AS
KING'S LYNN ROAD WITHIN SALISBURY, SECTION A
Mr. Harmon stated that this date and time has been advertised
for a public hearing to consider an ordinance to vacate a
portion of a seventy-two foot unimproved right of way known
as King's Lynn Road within Salisbury, Section A.
Mr. Miller called for the public hearing.
No one came forward to speak to the ordinance.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to THE SALISBURY
CORPORATION, a Virginia corporation, ("GRANTEE"),
a portion of a 72' unimproved right of way known
as King's Lynn Road within Block I, Salisbury,
Section A, MIDLOTHIAN Magisterial District,
Chesterfield County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's Office of the
Circuit Court of Chesterfield County in Plat Book
12, at Page 54.
WHEREAS, THE SALISBURY CORPORATION, petitioned the Board
of Supervisors of Chesterfield County, Virginia to vacate a
portion of a 72' unimproved right of way known as King's Lynn
Road within Block I, Salisbury, Section A, MIDLOTHIAN
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 12, Page 54,
by J. K. TIMMONS, dated JUNE 8, 1961 and recorded JUNE 9,
1961. The portion of right of way petitioned to be vacated
is more fully described as follows:
A portion of a 72' unimproved right of way known
as King's Lynn Road within Block I, Salisbury,
Section A, the location of which is more fully
shown on a plat made by TIMMONS, dated JULY 1,
2002, a copy of which is attached hereto and made
a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virqinia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion of right of way sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of right of
way be and is hereby vacated.
GRANTEE hereby conveys unto the GRANTOR and GRANTOR
hereby reserves a 16' drainage easement, as shown on the
attached plat.
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08/28/02
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the portion of right of way hereby
vacated in the property owner of Lot 10, Block I, Salisbury,
Section A free and clear of any rights of public use..
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and THE
SALISBURY CORPORATION, or its successors in title, as
GRANTEE.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
18. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
There were no
requests.
remaining mobile home permits or
zoning
19. ADJOURNMENT
On motion of Mr. McHale, seconded by Mr. Warren, the Board
adjourned at 10:30 p.m. until September 4, 2002 at 7:30 a.m.
for a breakfast meeting sponsored by The Observer at the
Brandermill Country Club.
Ayes: Miller, Warren, Humphrey, Barber and McHale.
Nays: None.
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