11-13-2002 MinutesBOARD OF SUPERVISORS
MINUTES
November 13, 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 Attendances
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Craig Bryant, Dir.,
Utilities
Dr. Billy Cannaday, Jr.,
Supt., School Board
Ms. Marilyn Cole, Asst.
County Administrator
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Rebecca Dickson, Dir.,
Budget and Management
Mr. William Dupler,
Building Official
Ms. Lisa Elko,
Clerk
Chief Stephen A. Elswick,
Fire Department
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. Phil Innis, Asst. Dir.,
Parks and Recreation
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 R. John McCracken,
Dir., Transportation
Mr Richard M. McElfish,
Dir., Env. Engineering
Mr Steven L. Micas,
County Attorney
Mr Francis Pitaro, Dir.,
General Services
Mr James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
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11/13/02
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Miller called the regularly scheduled meeting to order at
4:08 p.m.
1. APPROVAL OF MINUTES FOR OCTOBER 16, 2002 - LEGISLATIVE
~4~ETINGAND OCTOBER 23, 2002 - RE~ULARMEETING
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved the minutes of October 16, 2002 and October 23,
2002, as submitted.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey stated that Mr. Dupler has been appointed to serve
on the Board of Directors of the International Code Council
(ICC), which is the newly created comprehensive organization
consolidating the Building Officials and Code Administration
International (BOCA), the International Conference of
Building Officials (ICBO), and the Southern Building Code
Congress International (SBCCI) effective January 2003. He
congratulated Mr. Dupler upon this prestigious appointment.
Mr. Stith stated that the county is fortunate to have Mr.
Dupler as a member of the Community Development team.
3. BOARD COMMITTEE REPORTS
Mrs. Humphrey stated that she received a copy of an e-mail
from Captain Karl Leonard of the Police Department, who was
recently deployed to Cuba, thanking the Board for its support
of county employees called to active duty. An article
critical of a locality in Tidewater for not being as
supportive was attached to the e-mail.
Mr. Ramsey stated that correspondence has also been received
regarding the excellent morale of county employees on active
duty military assignment. He further stated that he received
an award on behalf of the county from the Air National Guard
who indicated that county employees represent some the best-
trained staff in their organization.
Mr. Warren stated that he and Mr. McHale attended the
Veterans Day celebration on November 11, 2002, and the event
was well attended.
Mr. Miller stated that he attended a Veterans Day event at
Woolridge Elementary School on November 8, 2002, which was
also well attended and very impressive.
Mr. McHale stated that there are 700,000 veterans in
Virginia, including many women. He stated that the Board's
actions to pay active duty military the difference between
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11/13/02
their military pay and county pay have provided reservists
the ability to serve with a peace of mind.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHAN~ IN
ORDER OF PRESENTATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
added Item 8.A.l., Adoption of Ordinance Repealing Mandatory
Water Restrictions on an Emergency Basis and Set Public
Hearing Date to Consider the Ordinance; added Item 8.C.2.b.,
Transfer of District Improvement Funds from the Bermuda,
Clover Hill, Dale, Matoaca and Midlothian District
Improvement Funds to the School Board to Purchase Athletic
Uniforms for Chesterfield Community High School; added Item
8.C.13., Award of Construction Contract to Southside Tank
Service for the Rayon Park Drainage Project; replaced Item
10.B., Status Report on the General Fund Balance, Reserve for
Future Capital Projects, District Improvement Funds, and
Lease Purchases; added Item 14.B., Resolution Recognizing the
Brandermill Community Association for Continued Excellence;
and adopted the Agenda, as amended.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOONITIONS
5.A. RECOGNIZING MR. WILTON I. JONES, JR. FOR OVER 23 YEARS
OF OUTSTANDING SERVICE TO THE SCHOOL BOARD AND
CHESTERFIELD COUNTY
Mr. Pitaro introduced Mr. Wilton Jones who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Wilton I. Jones, Jr. served as an audio
visual equipment technician with the Chesterfield County
School System from January 3, 1978 to April 15, 1997; and
WHEREAS, Mr. Jones retired on April 15, 1997 after
providing 19 years of dedicated and faithful service to the
citizens and employees of Chesterfield County's School
System; and
WHEREAS, Mr. Jones provided outstanding
school functions and School Board meetings; and
service at
WHEREAS, Mr. Jones was hired by the Department of
General Services January 14, 1998 to provide audio visual
technical support to the County Board of Supervisors; and
WHEREAS, Mr. Jones exceeded all expectations of his
position and saved thousands of dollars in maintenance and
replacement costs; and
WHEREAS, Mr. Jones unfailingly and meticulously ensured
that all audio visual equipment was functioning properly to
ensure Board meetings were broadcast to county residents; and
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11/13/02
WHEREAS, Mr. Jones was the first person in the Public
Meeting Room and the last to leave to ensure the sensitive
equipment was properly secured; and
WHEREAS, Mr. Jones could always be counted on to
diligently assist the Board, the Clerk to the Board and staff
no matter what the request.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Mr. Wilton I.
Jones, Jr. and extends its appreciation for his dedicated
service and the support he provided to both the School System
and the Board of Supervisors and wishes him great happiness
in his retirement.
AND BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Jones and that this resolution
be permanently recorded among the pages of this Board of
Supervisors of Chesterfield County~ Virginia.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Miller presented the executed resolution to Mr. Jones,
accompanied by his wife, expressed appreciation for his
dedicated service, and wished him well in his retirement.
Mr. Jones expressed appreciation to
recognition.
the Board for the
5.B. RECOGNIZING NOVEMBER 17-23, 2002, AS ~MATH LITERACY
WEEK" IN CHESTERFIELD COUNTY
Mr. Kappel introduced Mr. John Bunting, Director of Saturday
and Summer Programs at the Mathematics and Science Center
Foundation, and Ms. Patricia Priestas, Program Coordinator,
who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, less than 30 percent of fourth, eighth and
twelfth grade students in the nation's schools score at or
above grade level in mathematics; and
WHEREAS, basic skill proficiency in math is the number
one goal of national and state education standards and
assessment advocates; and
~4EREAS, parents and other citizens should work together
with educators and mathematicians to teach students, using
the best instructional practices; and
WHEREAS, a strong mathematics foundation is necessary to
continue in higher mathematics, the sciences, computer
science and medicine; and
WHEREAS, a working knowledge of mathematics is also
critical to understanding and functioning in an increasingly
technologically advanced world; and
WHEREAS, the Mathematics and Science Center Foundation's
National Math Literacy Tour bus will spend a day at Ettrick
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Elementary School on November 20, 2002 to help build math
understanding and confidence.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 13th day of November 2002,
recognizes the week of November 17-23, 2002, as "Math
Literacy Week" in Chesterfield County, thanks all mathematics
and education professionals for their efforts to improve
students' proficiency in mathematics, and urges all citizens
to help foster an appreciation for the importance of
mathematics.
Mrs. Humphrey presented the executed resolution to Ms.
Priestas, accompanied by Mr. Bunting, and expressed
appreciation for the Mathematics and Science Center
Foundation's efforts in improving math proficiency in the
county's schools.
Mr. Bunting expressed appreciation to
Supervisors and School Board for their
Mathematics and Science Center.
the Board of
support of the
Ms. Priestas expressed appreciation to the Board for the
recognition.
6. WORK SESSIONS
o REVIEW OF PROPOSED BLIGHT ORDINANCE
Mr. Dupler presented a summary of features of the proposed
spot blight ordinance. He stated that the purpose of the
ordinance is to reduce the impact of blight on communities by
getting owners to rehabilitate properties and giving the
county the ability to address problems where the owner cannot
be located, is unable to address the problems, or refuses to
address the problems. He reviewed the definition of blight
and stated that farm buildings are exempted from the
ordinance.
When asked, Mr. Dupler stated that the definition of blight
was directly derived from the Code of Virginia, except for
the exemption of farm structures. He then reviewed
illustrative examples of blight. He reviewed farm building
exemptions; the blight removal procedure; and public hearing
process.
When asked, Mr. Micas stated that property owners can appeal
Board decisions relative to blighted property to the Circuit
Court.
Mr. Dupler reviewed the scope of the blight problem - the
vast majority are residential; few are dilapidated beyond
repair; many are vacant/abandoned, secured and unsecured; and
many of the owners cannot be located. He provided
photographs of examples of blighted conditions.
Mr. Barber provided details of a blighted dwelling in the
Midlothian District that was damaged by fire over two and
one-half years ago, and stated that the proposed ordinance
will provide a tool that can be used for the advantage of the
community.
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11/13/02
Mr. Dupler reviewed the method of enforcement of the proposed
ordinance and stated that actions will be taken on the
absolute worst properties during the first year after
adoption.
Mrs. Humphrey requested that the Board be
prioritized list of blighted properties.
provided a
Discussion ensued relative to the process for declaring
blighted property and funding of the demolition.
When asked, Mr. Dupler stated that there are other county
ordinances to address abandoned vehicles, weeds and debris on
property. He further stated that, if repeated Building Code
maintenance violations are identified, action can be taken to
correct building-related problems causing blight on
properties through the proposed blight ordinance. He noted
that Community Development Block Grant (CDBG) funds were used
to demolish an old church building in Ettrick, and stated
that the Board could pursue CDBG funding if a more aggressive
approach in addressing blight is desired.
Discussion ensued relative to mechanisms to get property
owners to comply with making requested improvements.
Mr. Micas stated that, if reasonable efforts fail to locate a
property owner, the Board can move forward with a public
hearing and demolish a blighted building.
Mr. Miller thanked Mr. Dupler for his
presentation.
informative
7. DEFHRRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. FY2002 RESULTS OF OPERATIONS
Ms. Dickson reviewed estimated state budget impacts for the
adopted FY2003 budget as well as those announced on October
15, 2002.
Discussion ensued relative to the state budget impacts on the
Juvenile Detention Home and the fact that the funding formula
for juvenile detention homes has been changed.
Mr. Hammer stated that instead of operating a 90-bed
facility, Chesterfield may be operating a 48-bed facility and
leaving half of a brand new building vacant.
Mrs. Humphrey expressed concerns relative to the state
requiring the county to construct facilities and then not
providing the necessary funding for the cost of operating the
facilities.
Mr. Ramsey stated that the Juvenile Detention Home was
severely overcrowded and the county initiated the expansion
using state construction funds to pay for 50 percent of the
construction.
02- 780
11/13/02
Ms. Dickson stated that the FY2003 budget was adopted with
$3,685,200 in reduced funding from the state and an
additional $1,726,500 has been announced to date, with a
preliminary total of $5,411,700 in FY2003. She further
stated that staff anticipates when the Governor's budget is
released in December, there will be additional items to
address in FY2003 as well as FY2004. She stated that staff
is estimating a preliminary total of $4,727,000 in additional
reduced funding for FY2004. She reviewed areas of state aid
to localities that could be impacted when the state budget is
adopted.
Mr. Ramsey stated that approximately 50 percent of the state
budget goes to its operating agencies and the remainder goes
to aid to localities. He further stated that the reductions
announced October 15, 2002 were heavier on state agencies.
He noted that there is a $2 billion deficit, and the
announced state budget reductions amounted to only $850
million, indicating that staff feels aid to localities will
be targets for the next round of budget reductions.
Ms. Dickson reviewed a summary of FY2002 Results of
Operations. She reviewed property taxes over the budget of
approximately $3.7 million and all other revenue over the
budget (approximately $1.1 million), and stated that total
unspent appropriations was $2,264,342. She reviewed staff's
recommendations for Schools use of the addition to fund
balance, including $580,974 for a one cent tax rate decrease
from January 2003 to June 2003, noting that Mr. Barber has
requested that the Board direct staff to proceed with
preparing the budget at a $1.07 real estate tax rate, given
the state budget impacts; and $2,416,987 for use in FY2004
for non-recurring items. She reviewed staff's
recommendations for FY2003 county uses, including $260,026
for a one percent tax rate decrease from January 2003 to June
2003; $150,000 for Parks and Recreation infield restoration
and maintenance, noting that the Parks and Recreation
Advisory Commission has requested that the Board re-direct
$17,000 of the $150,000 to provide funding for 9~m
monitoring; $150,000 for books and electronic resources for
Libraries; $60,300 for Comprehensive Services to address the
year end fund balance. She stated that, if the Board directs
staff to prepare the FY2004 budget at a $1.07 real estate tax
rate, then the county's share of the proposed one-cent tax
reduction would be available for use in the FY2004 budget.
She went on to review unspent appropriations for the county
of $819,183; property taxes of $376,837; and all other
unspent revenue of $1,075,350.
Mr. Barber expressed concerns relative to state budget
reductions, and stated that he does not feel it is prudent to
have staff devote their time to preparing the FY2004 budget
at a lower tax rate.
Mr. Miller expressed concerns that the revaluation figures on
real estate assessments will not be determined until January
2003, and property owners could be paying increased real
estate taxes due to increased assessments.
Ms. Dickson stated that she estimates revaluations
increase approximately the same as last year.
to
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11/13/02
Mr. McHale stated that maintaining the $1.07 tax rate results
in an increase in real estate taxes due to revaluations.
Mr. Barber stated that he does not feel the Board will be in
a position to provide citizens with the services they expect
with a decreased real estate tax rate. He expressed concerns
relative to decreasing the real estate tax rate, given the
impact of state budget reductions, and then not providing the
services that citizens have come to expect.
Mr. Miller expressed concerns that property owners are
continually being requested to carry the burden for county
programs. He stated that there are many elderly residents
who can barely pay their taxes.
Mr. Barber stated that he feels it would be prudent to
develop the FY2004 budget at the current real estate tax rate
($1.07) and make the final decision after more information is
available.
Mrs. Humphrey stated that real estate tax rate has decreased
twice in the past five years. She expressed concerns
relative to the state budget reductions, and stated that she
would be more comfortable directing staff to prepare the
budget at $1.07 and then making reductions if it is later
determined to be feasible. She expressed concerns relative
to how the state~ budget reductions will impact the Matoaca
District.
Mr. McHale stated that he feels unspent revenue in a fiscal
year indicates that the real estate tax rate may be too high.
He further stated that he feels tax revenue over the budget
should be returned to the taxpayers before being placed into
subsequent budgets. He stated that there is nothing
frivolous in the budget, but he feels the county should have
the fiscal discipline to live within its real growth rates.
He further stated that he cannot support a motion today
directing staff to prepare the FY2004 budget at a $1.07 real
estate tax rate.
Mr. Warren stated that he supported a tax decrease in the
good years, but feels the county must now hold the line on
taxes and the ability to provide the level of services
important to its ~residents. He requested that Dr. Cannaday
come forward to answer questions.
Dr. Cannaday stated that over 1,150 new students have entered
County Schools this fiscal year, although only 670 were
anticipated. He further stated that approximately 1,050 are
projected for FY2004. He stated that a real estate tax
reduction to $1.06 would result in adjusted pupil/teacher
ratios. He further stated that a challenge in preparing
the FY2004 budget will be to absorb growth with existing
staff (adjusting pupil/teacher ratio), or finding other ways
to maintain the pupil/teacher ratio by making other cuts. He
expressed concerns relative to retaining highly qualified
staff, and stated that it is important to do everything
possible to ensure that they are retained. He expressed
concerns that the School Board is requested to submit its
budget to the Board of Supervisors in February, and that
teachers are asked to make decisions regarding next year's
employment prior ~to that time. He stated that any signal
that can be sent to teachers early on that might cause them
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11/13/02
to re-think their plans regarding returning the following
year is important in retaining the best employees.
When asked, Dr. Cannaday stated that the Schools received an
additional $9 million in revenue this fiscal year because the
composite index was recomputed.
Mr. Miller stated that, even if the real estate taxes are
reduced by one cent, the Schools will still receive increased
revenue through revaluations.
Discussion ensued relative to funding of the new Clover Hill
High School.
After brief discussion, Mr. Barber made a motion, seconded by
Mrs. Humphrey, for the Board to direct staff to prepare the
FY2004 budget using the current real estate tax rate of
$1.07.
Mr. Micas clarified that Mr. Barber's motion would also
include approval of the FY2002 Results of Operations actions
requested by staff.
Mr. Miller stated that he cannot support the $1.07 tax rate
without the availability of real estate tax revenue
information.
Mr. Miller then called for a vote on the motion of Mr.
Barber, seconded by Mrs. Humphrey, for the Board to approve a
fourth extension of the advance to the Health Center
Commission in the amount of $925,000 from a repayment date of
April 1, 2003 to April 1, 2004, leaving $50,000 due and
payable by April 1, 2003; appropriate $150,000 for Parks and
Recreation field restoration and maintenance and $150,000 for
library books and electronic resources as identified at the
time the FY2003 budget was adopted, and also appropriate
$60,300 to the Comprehensive Services fund to address a year-
end fund balance shortfall; designate $1,712,213 in property
tax and other revenue over the budget and $819,183 in unspent
appropriations for the county to use for non-recurring items
in FY2004; and also designate $1,145,159 in unspent
appropriations and $1,852,802 in property tax revenue over
the budget for the Schools to use for non-recurring items for
FY2004; and direct staff to prepare the FY2004 budget using
the current real estate tax rate of $1.07.
Ayes: Warren, Barber and Humphrey.
Nays: Miller and McHale.
8.A.1. ADOPTION OF ORDINANCE REPEALING MANDATORY WATER
RESTRICTIONS ON AN EMERGENCY BASIS AND SET PUBLIC
HEARING DATE TO CONSIDER THE ORDINANCE
Mr. Ramsey stated that water is running over the spillway at
Lake Chesdin at this time, and the Swift Creek Reservoir is
rising. He further stated that, because the Governor has
suspended the state mandatory water restrictions, staff is
recommending that the Board repeal its ordinance relative to
mandatory water restrictions on an emergency basis. He
stated that staff will provide the Board with an analysis of
the water issue in the Spring of 2003 to see if re-enactment
is necessary.
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When asked, Mr. Ramsey stated that repealing the ordinance
should have no impact on the ground water situation with
respect to wells.
Mr. Warren stated that he feels a message should be sent to
the citizens thanking them for following the procedures.
Mrs. Humphrey requested that a letter, signed by Board
members, be placed in utility bills thanking citizens for
their adherence to the mandatory restrictions.
On motion of Mr. Warren, seconded by Mr. McHale, the Board
repealed the ordinance imposing mandatory water use
restrictions on an emergency basis and set the date of
December 18, 2002 at 7:00 p.m. for a public hearing to
consider repeal of the ordinance.
And, further, the Board directed staff to include
correspondence in utility bills thanking citizens for their
participation in the mandatory water restrictions.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. McHale requested that Mr. Bryant provide a report
relative to the drought issue at the February 12, 2003
meeting.
Mr. Bryant came forward and provided an update on the water
main break on Hull Street, stating that the road repairs were
more extensive than staff originally thought and two west-
bound lanes will be open tomorrow afternoon before rush hour.
8. B. APPOINTMENTS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
suspended its rules at this time to allow simultaneous
nomination/appointment of members to serve on the
Chesterfield Emergency Planning Committee.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
O CHESTERFIELD EMERGENCY PLANNIN~ COMMITTEE
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
nominated Mr. Ryland Reamy and Ms. Sue Toth to serve on the
Chesterfield Emergency Planning Committee, who will be
appointed by the Governor.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS
8.C.1.&. RECOGNIZING DEPUTY PATRICK O. NEWMAN, SHERIFF'S
OFFICE, UPON HIS RETIREMENT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Deputy Patrick O. Newman began his public
service with the County as a Jail Deputy for Sheriff Wingo in
June of 1979, and in July of 1980, transferred to Courts,
where he served until 1982; and
WHEREAS, from 1982 to 1984 Deputy Newman served as
training Deputy from 1982 to 1984; was assigned to the jail
from 1984 until 1990; and also served as Corporal from 1986
until 1989 in the jail; and
WHEREAS, Deputy Newman is knowledgeable and highly
effective in every aspect of court security, working this
area from 1990 until 2002; and
WHEREAS, in August of 1996 when twelve inmates were
being transported and one broke the back glass of the van and
escaped, Deputy Newman's quick thinking and professionalism
kept the other eleven inmates from escaping and kept the
situation under control; and
WHEREAS, in the year 2000 Deputy Newman received a
Celebrating Success Award for being dependable, loyal and
providing excellent customer service; and
WHEREAS, also in the year 2000 Deputy Newman proved to
be an invaluable asset in a jury trial that ran over into the
weekend and, in another instance, foiled an escape attempt by
an inmate; and
WHEREAS, Deputy Newman's desire to do a good job has
been a primary factor that has permitted him to perform at a
very high level, always striving for excellence and going
beyond the call of duty; and
WHEREAS, Deputy Newman will retire on January 1, 2003,
after providing twenty-three years of dedicated service to
the citizens of Chesterfield County.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 13tn day of November 2002,
recognizes the outstanding contributions of Deputy Patrick O.
Newman, expresses the appreciation of all residents for his
dedicated service to Chesterfield County, and extends
congratulations upon his retirement and best wishes for a
long and happy retirement.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
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8.C.l.b.
REQUEST!N~ INSTALLATION OF ~CHILDREN AT PLAY"
SIGNS IN THE CRADDOCK POINT AND JOHN TYLER WOODS
SUBDIVI S IONS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the folloWing resolution:
WHEREAS, the Neighborhood Watch Coordinator for the
Craddock Point ~and John Tyler Woods subdivisions has
requested the county to install ~Children At Play" signs in
these neighborhoods; and
WHEREAS, pursuant to Section 33.1-210.2 of the State
Code, the governing body of any county may, by resolution,
request the Commissioner of the Virginia Department of
Transportation to install and maintain, at locations
specified in the resolution, signs alerting motorists that
children may be at play nearby.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby requests the Commissioner
to install ~Children At Play" signs just short of the
intersection of Sand Hills Drive and Executive Drive facing
east, on the west of the intersection of Sand Hills Drive and
Evelyn Drive facing west and south of the intersection of
Executive Drive and Evelyn Drive facing north.
AND, BE IT FURTHER RESOLVED, that the cost of installing
the signs be paid out of the secondary system construction
allocation and maintained out of the secondary system
maintenance allocation for Chesterfield County.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.l.c.
GRANTING PETERSBURG AREA TRANSIT THE AUTHORITY
TO EXTEND TRANSIT SERVICE ON 1-95, ROUTE 10 AND
ROUTE I
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, The City of Petersburg has requested the county
to agree to an extension of Petersburg Area Transit (PAT)
public transportation service between the cities of Richmond
and Petersburg and between Petersburg and the John Tyler
Community College, by extending existing Petersburg Area
Transit (PAT) service; and
WHEREAS, thei City of Petersburg has informed the county
that PAT will provide the service at no cost to the county.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of i Supervisors grants PAT the authority to
extend transit service on 1-95 from the Chesterfield/Colonial
Heights line to the Chesterfield/Richmond line and on Route
10 from 1-95 to Route 1 and on Route 1 from Route 10 to John
Tyler Community College (Chester).
And, further, the Board authorized the County Administrator
to make service adjustments in stop locations and frequency
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11/13/02
of service for the two proposed service routes as necessary
to provide efficient service.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.2.b. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACA AND
MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE
SCHOOL BOARD TO PURCHASE ATHLETIC UNIFORMS FOR
CHESTERFIELD COMMUNITY HIGH SCHOOL
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
transferred $700 each from the Bermuda, Clover Hill, Dale,
Matoaca and Midlothian District Improvement Funds (total of
$3,500) to the School Board to purchase athletic uniforms for
Chesterfield Community High School.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.3. STATE ROAD ACCEPTANCE
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tvoe Chanoe to the Secondary Swtem of State Hlohwav~- Addition
Baals for Change:
Statutory Reference:
Project:
From:
Addition, New subdivision street
Anderson's Forge, Section 2
Bellows Drive, State Route Number: 5112
.04 Mi. S of Pony Cart Dr., (Rt. 5111)
Buggy Dr., (Rt. 5431), a distance of: 0.17 miles.
02- 787
11/13/02
Right-of-way record was filed on 3/24/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 3, with
a width of 50 Ft.
· Bellows Drive, State Route Number: 5112
From: Buggy Dr., (Rt. 5431)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 3/24/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 3, with
a width of 50 Ft.
· Buggy Drive, State Route Number: 5431
From: Bellows Dr., (Rt. 5112)
To: Buggy PI., (Rt. 5432), a distance of: 0.08 miles.
Right-of-way record was filed on 3/24/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 3, with
a width of 50 Ft.
· Buggy Drive, State Route Number: 5431
From: Buggy PI., (Rt. 5432)
To: .04 Mi. S of Buggy PI., (Rt. 5432), a distance of: 0.04 miles.
Right-of-way record was filed on 3/24/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 3, with
a width of 50 Ft.
· Buggy Place, State Route Number: 5432
From: Buggy Dr., (Rt. 5431)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 3/24/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 3, with
a width of 50 Ft.
And, further, the
WHEREAS, the
recorded in the,
Chesterfield County;
Board adopted the following resolution:
streets described below are shown on plats
Clerk's Office of the Circuit Court of
and
WHEREAS, the Resident
Department of Transportation
streets meet the requirements
Street Requirements of
Transportation.
Engineer for the Virginia
has advised this Board the
established by the Subdivision
the Virginia Department of
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
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.
02- 788
11/13/02
Tyoe Chanue to the Secondary System of State Highwav~: Addition
Basis for Change:
Statutory Reference:
Project:
From:
To:
Addition, New subdivision street
~.1-229
Gregory's Charter, Section C
Gregory's Charter Court, State Route Number: 5392
Gregory's Charter Dr., (Rt. 3745)
Cul-de-sac, a distance of: 0.17 miles.
Right-of-way record was filed on 8/29/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 30, with
a width of 50 Ft.
· Gregory's Charter Drive, State Route Number: 3745
From: Gregory's Charter Ct., (Rt. 5392)
To: Lynchester Dr., (Rt. 910), a distance of: 0.09 miles.
Right-of-way record was filed on 8/29/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 30, with
a width of 50 Ft.
· Gregory's Charter Drive, State Route Number: 3745
From: Lynchester Dr., (Rt. 910)
To: 0.03 Mi. E of Lynchester Dr., (Rt. 910), a distance of: 0.03 miles.
Right-of-way record was filed on 8/29/1997 with the Office Of Clerk To Circuit Court in Pb. 95; Pg. 30, with
a width of 50 Ft.
I Lyncheeter Drive, State Route Number: 910
From: Gregory's Charter Dr., (Rt. 3745)
To: .14 Mi. N of Gregory's Charter Dr., (Rt. 3745), a distance of: 0.14 miles.
Right-of-way record was filed on 8/29/1997 with the office Of Clerk To Circuit Court in Pb. 95; Pg. 30, with
a width of 60 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the street described below is shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident
Department of Transportation
street meets the requirements
Engineer for the Virginia
has advised this Board the
established by the Subdivision
the Virginia Department of
Street Requirements
Transportation.
of
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
02- 789
11/13/02
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Change to the Secondary sYStem of State Hl¢;hwavs: Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference: §33il-229
Project:
Brandy Oaks, Section 9
Poplardell Court, State Route Number: 5372
From:
Brandy Oaks BI., (Rt. 5369)
To:
Cul-de-sac, a distance of: 0.22 miles.
Right-of-way record was filed on 4/30/2001 with the Office Of Clerk To Circuit Court in Pb. 117; Pg. 12, with
a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the irequirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unreStricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
T~,~ Chanqe to the Seconda~ S~tem of Stata Hlahwa~: Addition
Basle Mr Change: Addition, New subdivision street
Statutow R~erence: §~.1-229
Project:
From:
To:
Roaemont, Section G
Follenebee Drive, State Route Number: 5096
0.13 Mi W of Felbridge Wy., (Rt. 5148)
Lander Rd., (Rt. 5434), a distance of: 0.07 miles.
Right-of-way record was filed on 1/~2/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 4, with
a width of 44 Ft.
·
From:
Kettlewell Court, State Route Number: 5436
Lander Rd., (Rt. 5434)
02- 790
11/13/02
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 1/12/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 4, with
a width of 40 Ft.
· Lander Court, State Route Number: 5437
From: Lander Rd., (Rt. 5434)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 1/12/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 4, with
a width of 40 Ft.
® Lander Road, State Route Number: 5434
From: Foliensbee Dr., (Rt. 5096)
To: Cul-de-sac, a distance of: 0.08 miles.
Right-of-way record was filed on 1/12/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 4, with
a width of 40 Ft.
· Lander Road, State Route Number: 5434
From: Follensbee Dr., (Rt. 5096)
To: Intersection Kettlewell Ct., (Rt. 5436) Witton Tn., (Rt. 5435), a distance of: 0.08 miles.
Right-of-way record was filed on 1/12/2000 with the Office of Clerk To Circuit Court in Pb. 109; Pg. 4, with
a width of 44 Ft.
· Lander Road, State Route Number: 5434
From: Intersection Kettlewell Ct., (Rt. 5436) Witton Tn., (Rt. 5435)
To: Lander Ct., (Rt. 5437), a distance of: 0.15 miles.
Right-of-way record was filed on 1/12/2000 with the Office of Clerk To Circuit Court in Pb. 109; Pg. 4, with
a width of 40 Ft.
· Lander Road, State Route Number: 5434
From: Lander Ct., (Rt. 5437)
To: 0.08 Mi. NE of Lander Ct., (Rt. 5437), a distance of: 0.08 miles.
Right-of-way record was filed on 1/12/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 4, with
a width of 40 Ft.
· Witton Turn, State Route Number: 5435
From: Lander Rd., (Rt. 5434)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was flied on 1/12/2000 with the Office Of Clerk To Circuit Court in Pb. 109; Pg. 4, with
a width of 40 Ft.
And, further, the Board adopted the following
WHEREAS, the street described below
recorded in the Clerk's Office of the
Chesterfield County; and
resolution:
is shown on plats
Circuit Court of
WHEREAS, the Resident Engineer for
Department of Transportation has advised
street meets the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
02- 791
11/13/02
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the street
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Chan~le to the Secondary System of State HI;Ihways: Addition
Basis for Change:
Statutory Reference:
Project:
From:
To:
Addition, New subdivision street
§33~1-229
Village ¢} Mldlothlan
Mulligan Court, State Route Number: 5433
Salisbury Dr., (Rt. 1033)
Cul-de-sac, a distance of: 0.12 miles.
Right-of-way r~ord was fil~ on ~30/1998 with the Off~e ~ Cle~ To Circuit Couff in Pb. 98; Pg. 48, with
a ~dth of ~ Ft.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.4. AUTHORIZATION TO EXECUTE SPECIAL PROJECT SERVICE
AGREEMENTFOR DISASTER RECOVERY SERVICES
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to execute a Special
Project Service Agreement for disaster recovery services
offered by Central Virginia Waste Management Authority.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.5. AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE
ACQUISITION OF EASEMENTS FOR THE RAYON PARK DRAINAGE
PROJECT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized the County Attorney to proceed with eminent domain
and exercise immediate right of entry pursuant to Sections
15.2-1904 and 1905 of the Code of Virginia, and instructed
the County Administrator to notify the owners by certified
mail on November 115, 2002, of the county's intention to take
possession of the easements. (It is noted copies of the
plats are filed with the papers of this Board.)
Ayes: Miller, warren, Barber, Humphrey and McHale.
Nays: None. :
02- 792
11/13/02
8 .C. 6. RENEWAL OF LEASE FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT OFFICE
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a lease with J. C. M. Partnership for 1,426 square
feet of office space at 10100 Ironbridge Road, Suite 110, for
the Community Development Block Grant Office, and authorized
the County Administrator to execute the lease agreement. (It
is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.7. REQUESTS FOR PERMISSION
8.C.7.a. FROM ARVILLE L. COMPTON AND GLORIA V. COMPTON TO
INSTALL A PRIVATE WATER SERVICE WITHIN A FIFTY-FOOT
UNIMPROVED COUNTY RIGHT OF WAY TO SERVE PROPERTY
ON WALMSLEY BOULEVARD
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request from Arville L. Compton and Gloria V.
Compton for permission to install a private water service
within a 50-foot unimproved county right of way to serve
property at 8131 Walmsley Boulevard, 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.7.b.
FROM CHARLES M. LANDENANDCAROL LANDEN FOR A
CONCRETE DUMPSTER PAD AND WOODEN ENCLOSURE TO
ENCROACH WITHIN A SIXTEEN-FOOT SEWER EASEMENT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request from Charles M. Landen and Carol Landen
for permission for a concrete dumpster pad and wooden
enclosure to encroach within a 16-foot sewer easement,
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.8.
APPROVAL OF A PIPELINE CROSSING AGREEMENT WIT~
CSX TRANSPORTATION, INCORPORATED
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to execute a pipeline
crossing agreement with CSX Transportation, Incorporated for
the installation of a water line for the Ruffin Mill
Waterline Extension, Phase II project. (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- 793
11/13/02
8.C.9. APPROPRIATION OF FEDERAL GRANT FUNDS FOR THE
CHESTERFIELD/COLONIAL HEIGHTS DRUG COURT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
appropriated $327,341 in Department of Health and Human
Services grant funds for the maintenance and enhancement of
the Chesterfield/Colonial Heights Drug Court Program.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.10. SET DATE FOR PUBLIC HEARING TO CONSIDER THE TAX
EXEMPTION OF FIRST TEE CHESTERFIELD
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of December 18, 2002 at 7:00 p.m. for a public
hearing to consider the tax exemption request of First Tee
Chesterfield.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.11. REQUEST TO QUITCLAIM INGRESS AND EGRESS EASEMENTS
FOR THE MICHAUX CREEK WASTEWATER PUMP STATION
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute quitclaim deeds to vacate
ingress and egress easements for the Michaux Creek Wastewater
Pump Station. (It is noted a copy of the vicinity sketch is
filed with the papers of this Board.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.12.
APPROVAL OF CHANGE ORDERS TO THE CONSTRUCTION
CONTRACT WITH HALEY BUILDERS CONSTRUCTION COMPANY
FOR THE AIRPORT TERMINAL ADDITION/RENOVATION PROJECT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to execute change orders
4 and 5 with Haley Builders Construction Company, in the
amount of $90,283, for the Airport Terminal
addition/renovation project, and appropriated $57,962 in
anticipated state reimbursement for the project.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
8.C.13. AWARD OF CONSTRUCTION CONTRACT TO SOUTHSIDE TANK
SERVICE FOR RAYON PARK DRAINAGE PROJECT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
awarded a construction contract for the Rayon Park Drainage
Project to Southside Tank Service in the amount of $116,653;
authorized the transfer of $84,047.07 from completed drainage
02- 794
11/13/02
.j
projects; and authorized the County Administrator to execute
the necessary documents.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
The following item was removed from the Consent Agenda for
Board discussion:
8.C.2.&. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
MATOACA DISTRICT IMPROVEMENT FUND TO THE FIRE
DEPARTMENT TO SPONSOR LIEUTENANT LONNIE LEWIS TO
ATTEND THE FIREFIGHTER COMBAT CHALLENGE NATIONAL
COMPETITION
Mrs. Humphrey stated that the Winterpock community has agreed
to privately sponsor Mr. Lonnie Lewis to attend the event.
Mrs. Humphrey then made a motion, seconded by Mr. McHale, for
the Board to withdraw Item 8.C.2.a. from the Agenda.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORTS
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
accepted the following reports:
A report on Developer Water and Sewer Contracts; a Status
Report on the General Fund Balance, Reserve for Future
Capital Projects, District Improvement Funds, and Lease
Purchases; and a Report from the Parks and Recreation
Advisory Commission regarding conducting national criminal
background checks on coaches of co-sponsored organizations.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
11. DINNER
On motion of Mr. McHale, seconded by Mr. Barber, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Reconvening:
02- 795
11/13/02
12. INVOCATION
Reverend Clifford Lewis, Associate Pastor of Cornerstone
Baptist Church, gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Evan Moore led the Pledge of Allegiance to the
flag of the United States of America.
14. RESOLUTIONS ~-ND SPECIAL RECOGNITIONS
14.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
14.A.1. CHRISTOPHER GIBBS, DALE DISTRICT
Mr. Hammer introduced Mr. Christopher Gibbs who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Christopher L. Gibbs, Troop 880, sponsored
by Beulah 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, Christopher has distinguished himself as a member of
a new generation of prepared young citizens of whom we can
all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 13th day of November 2002,
hereby extends its congratulations to Mr. Christopher L.
Gibbs 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.
02- 796
11/13/02
Mr. Miller presented the executed resolution and patch to Mr.
Gibbs, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Gibbs expressed appreciation to his family,
members of his troop and God for their support.
friends,
14.A.2. CHRISTOPHER D'ALESSIO, DALE DISTRICT
Mr. Hammer introduced Mr. Christopher D'Alessio who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Christopher W. D'Alessio, Troop 880,
sponsored by Beulah 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, Christopher has distinguished himself as a member of
a new generation of prepared young citizens of whom we can
all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 13th day of November 2002,
hereby extends its congratulations to Mr. Christopher W.
D'Alessio 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.
D'Alessio, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. D'Alessio expressed appreciation to God, his parents,
scoutmaster and members of his troop for their support.
02- 797
11/13/02
14 .A. 3 · JONATHAN MURRAY, DALE DISTRICT
Mr. Hammer introduced Mr. Jonathan Murray who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Jonathan B. Murray, Troop 880, sponsored by
Beulah 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, Jonathan has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 13tn day of November 2002,
hereby extends its congratulations to Mr. Jonathan B. Murray
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.
Murray, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Murray expressed appreciation to God, his parents, family
and members of his troop for their support.
14.A.~. TYLER RAY, MATOACA DISTRICT
Mr. Hammer introduced Mr. Tyler Ray who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
02- 798
11/13/02
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. Tyler Robbins Ray, Troop 890, sponsored by
Brandermill 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, this 13tn day of November 2002,
hereby extends its congratulations to Mr. Tyler Robbins Ray
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.
Ray, accompanied by members of his family, congratulated him
on his outstanding achievement, and wished him well in his
future endeavors.
Mr. Ray expressed appreciation to God, his church, parents
and others for their support.
14.A.5. BRIAN TATUM, MATOACA DISTRICT
Mr. Hammer introduced Mr. Brian Tatum who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character,.provide citizenship training and promote physical
fitness; and
02- 799
11/13/02
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. Brian Mitchell Tatum, Troop 890, sponsored
by Brandermilt 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, this 13th day of November 2002,
hereby extends its congratulations to Mr. Brian Mitchell
Tatum 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.
Tatum, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Tatum expressed appreciation to the Board for the
recognition and also to his parents, the Brandermill Church,
God and others for their support.
14.A.6. EVAN MOORE, MIDLOTHIAN DISTRICT
Mr. Hammer introduced Mr. Evan Moore who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
02- 800
11/13/02
WHEREAS, Mr. Evan Thomas Moore, Troop 891, sponsored by
Bon Air 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, Evan has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 13tn day of November 2002,
hereby extends its congratulations to Mr. Evan Thomas Moore
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.
Moore, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Moore expressed appreciation to his parents,
friends and others for their support.
family,
14.A.7. ANDREW FRANKLIN, CLOVER HILL DISTRICT
Mr. Hammer introduced Mr. Andrew Franklin who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Andrew Hartley Franklin, Troop 890,
sponsored by Brandermill 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
02- 801
11/13/02
society, Andrew has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 13tn day of November 2002,
hereby extends its congratulations to Mr. Andrew Hartley
Franklin 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.
Franklin, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Franklin expressed appreciation to his church, parents,
grandparents and members of his troop for their support.
14.B. RECOGNIZING THE BRANDERMILL COMMUNITY ASSOCIATION FOR
CONTINUED EXCELLENCE
Mr. Kappel introduced Mr. John Hughes and Mr. Jason
Livingston, members of the Brandermill Community Association
Board of Directors, who were present to receive the
resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, since its inception in 1974, the Brandermill
Community has represented excellence in quality of life; and
WHEREAS, the Brandermill Community Association has long
been recognized as being one of the foremost organizations of
its kind in Virginia; and
WHEREAS, the Central Virginia Chapter of the Community
Association Institute has recognized the Brandermill
Community Association as the best among its peers in 1998,
2000, 2001 and now once again in 2002; and
WHEREAS, this award recognizes sound business
development and planning, dedication to protecting the
natural environment, and an active leadership role in
participation with local government; and
WHEREAS, it is due to the diligence of the Brandermill
Community Association that Brandermill continues to be a name
associated with excellent quality of life; and
WHEREAS, Chesterfield County recognizes the value of
strong, active community associations and their contributions
to the overall quality of life in Chesterfield County.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 13th day of November 2002,
publicly recognizes the Brandermill Community Association,
expresses its congratulations on attainment of this well-
deserved recognition from the Central Virginia Community
02- 802
11/13/02
Association Institute, and extends best wishes for continued
success.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
Mr. Warren presented the executed resolution to Mr. Hughes
and Mr. Livingston, and congratulated them on the
accomplishments of the Brandermill Community Association.
Mr. Hughes thanked God and stated that he is blessed to be
living in Chesterfield County. He expressed appreciation to
the Board for their leadership and county staff for their
support of Brandermill residents and all county citizens.
Mr. Livingston expressed appreciation to Mr. Hughes and Mr.
Mike Divita, Brandermill Community Manager, for their
commitment to making Brandermill a wonderful place to live.
15. PUBLIC HEARINGS
15.A. TO CONSIDER THE ADOPTION OF AN AMENDMENT TO THE PLAN
FOR CHESTE~IELD ENTITLED WATER QU~I~ PROTECTION
PLAN
Ms. Joan Salvati, Water Quality Administrator, stated that
this date and time has been advertised for a public hearing
to consider the adoption of the Water Quality Protection Plan
amendment to The Plan for Chesterfield. She further stated
that the plan is a requirement of the Chesapeake Bay
Preservation Act, and reviewed the seven required elements of
the plan. She stated that staff recommended 23 strategies
for the plan categorized in four management areas -
continuation and/or enhancement of existing programs;
development of partnerships; new initiatives; and new
regulations. She outlined the recommendations under each of
the four categories.
Discussion ensued relative to using the zoning process to
promote the preservation of vegetated stream buffers.
Ms. Salvati stated that the new initiative of promoting the
preservation of vegetated stream buffers through the zoning
process only applies to persons who are requesting rezoning
of their property. She stated that the Chesapeake Bay Local
Assistance Department has reviewed the plan and will be
recommending approval to their Board., and noted that the
Planning Commission unanimously recommended approval of the
plan.
Discussion ensued relative to pollution sources throughout
the county.
?~en asked, Ms. Salvati stated that staff has not identified
farming as one of the primary sources of contamination.
Mrs. Humphrey stated that pesticide use is not a large
practice in the county.
Mr. Barber expressed concerns relative to animal waste in
streams.
02- 803
11/13/02
Ms. Salvati noted that Frank's Branch in Matoaca is one of
the healthiest streams in the county and is located in a
heavy agricultural area.
Mrs. Humphrey stated that many people feel the county should
have its own Soil and Water Conservation District. She
requested that staff explore whether services provided
through the Virginia Association of Soil and Water
Conservation Districts should be shifted from the Extension
Office to Environmental Engineering because of the new
partnership with farmers and water quality initiatives.
Mr. Miller called for the public hearing.
Ms. Diana Parker, representing the Sierra Club, stated that
she feels the proposed plan must be adopted for the county to
remain a responsible leader in protecting its water sources.
She further stated that the Sierra Club supports the goals of
the proposed plan and feels a budget must be provided to
sustain enforcement of the plan.
Mr. John Kinch, representing the Farm Bureau, expressed
appreciation for the Board's support of the farming community
and its conservation measures. He suggested that before
conservation measures are implemented, it is necessary to
look at their impact upon the community. He stated that he
feels a Chesterfield Soil and Water Conservation District
would be a viable initiative, and indicated that there is a
lot of support for this. He further stated that farmers have
been conserving the land for years, and indicated that the
Farm Bureau supports the proposed plan as long as it adheres
to fundamental sound, sensible practices by which farmers can
grow.
Mr. Roger Habeck, President of the Chesterfield County
Chamber of Commerce, stated that he feels the plan has been
developed exceedingly well. He expressed concerns relative
to the effect of the proposed plan on small businesses,
stating that requiring them to reduce pollution sources could
add a burden for them and possibility drive them out of
business. He stated that he feels pollution sources should
be dealt with in large groups rather than by individual
situation to alleviate the impact upon small businesses.
There being no one else to speak to the issue, the public
hearing was closed.
After brief discussion, on motion of Mr. Warren, seconded by
Mrs. Humphrey, the Board adopted the Water Quality Protection
Plan amendment to The Plan for Chesterfield.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
15.B. TO CONSIDER AN ORDINANCE ESTABLISHING THE ~ARSENAL
DRIVE, HINSHAW DRIVE, DARBY DRIVE AND DARBY CIRCLE
WATER ASSESS~TT DISTRICT" FOR 34 LOTS IN THE ARSENAL
HILLS/HUGUENOT HUNDRED AREA
Mr. Bryant stated that this date and time has been advertised
for a public hearing to consider an ordinance establishing
the "Arsenal Drive, Hinshaw Drive, Darby Drive and Darby
02- 804
11/13/02
Circle Water Assessment District." He further stated that 26
property owners support the ordinance and eight oppose it.
He noted that the current interest rate on one-year United
States Treasury Bills is 1.32 percent.
Mr. Miller called for the public hearing.
Mr. Jerry Miller, a resident of Darby Drive, stated that he
supports the effort and appreciates the option of extending
payment over several years. He expressed concerns relative
to health and safety issues, such as loss of power and water
and lack of fire hydrants in the area.
Mr. Phil Walker, a resident of Darby Drive, stated that he
supports the ordinance because he wants his children to have
a safe, reliable and effective water supply.
Mr. Peter Stech, a resident of Darby Drive, expressed
concerns relative to the quality of his present water supply
and stated that he supports the proposal.
Mr. Gary Smith, a resident of Arsenal Drive, stated that he
no longer drinks his well water because it contains a large
concentration of radon. He further stated that he supports
the proposed water assessment district.
Mr. Frank Digney, a resident of Hinshaw Drive, stated that he
does not support the assessment district. He further stated
that generators can be used when electricity is lost and
green sand filters, which cost well under $1,000, will filter
minerals out of water as well as prevent staining of
porcelain bath fixtures.
Mr. Chris Isenberg, a resident of Arsenal Drive, stated that
his family has enjoyed an uninterrupted flow of excellent
quality well water since purchasing his home in 1986. He
further stated that the water concerns expressed by his
neighbors can all be addressed, and indicated that he does
not feel connection to public water is the most prudent and
equitable solution.
Ms. Diane Chess, a resident of Darby Drive, expressed
concerns relative to power outages in the area and stated
that she met with a representative of Virginia Power who
indicated that because of low density and being a largely
wooded area, Arsenal Hills is a prime location to lose power
and the last to have it restored. She stated that she
initiated the proposed assessment district after determining
that it could not be done cheaper through a private company.
She further stated that she does not want to impose an
unnecessary financial burden on anyone in the neighborhood,
and indicated that residents can still retain their wells and
not have to pay the connection fee.
There being no one else to speak to the ordinance, the public
hearing was closed.
Mr. Barber stated that assessing all the properties is the
only option to establish an assessment district fairly. He
further stated that he generally does not support imposing
sums of payment on people that they are not willing to take
on for themselves. He stated that the concerns expressed
have been health and safety concerns rather than those of
02- 805
11/13/02
convenience or a matter of choice, and the majority of the
residents support the assessment district; therefore, he
feels it approval of the district is the right thing to do in
this case.
Mr. Barber, then made a motion, seconded by Mr. Warren, for
the Board to adopt the following ordinance:
AN ORDINANCE TO CREATE THE ARSENAL DRIVE,
HINSHAW DRIVE, CHEROKEE ROAD, DARBY DRIVE AND
DARBY CIRCLE SPECIAL TAX OR ASSESSMENT WATER DISTRICT
BE IT ORDAINED
Chesterfield County:
by the Board of Supervisors of
(1) That the Arsenal Drive, Hinshaw Drive, Cherokee
Road, Darby Drive and Darby Circle Special Tax or Assessment
Water District is created as follows:
Section 1. Definitions.
In the context of this ordinance, the following words shall
have the following meaning:
District: The Arsenal Drive, Hinshaw Drive, Cherokee
Road, Darby Drive and Darby Circle Special Tax or Assessment
Water District.
Map of the District: The map entitled ~Proposed Arsenal
Drive, Hinshaw Drive, Cherokee Road, Darby Drive and Darby
Circle Water Assessment District" prepared by the County
Department of Utilities, which map is on file with the
director of utilities.
Section 2. Establishment of Victoria Lane Special Tax or
Assessment Water District.
Pursuant to Code of Virginia, Section 15.2-2404 et seq.,
there is hereby created in the county the Arsenal Drive,
Hinshaw Drive, Cherokee Road, Darby Drive and Darby Circle
Special Tax or Assessment Water District. The area of the
district shall be and the same is hereby fixed within the
boundaries depicted on the map of the district.
Section 3. Construction of certain water facilities in and
adjacent to the district.
The utilities department shall cause to be constructed in and
adjacent to the district the water line and appurtenant
facilities depicted on the map of the district.
Section 4. Taxes or assessments upon owners of property
located within the district.
The cost of construction of the water line and appurtenant
facilities located within the district shall be apportioned
among the owners of property abutting the water line. The
amount of the tax or assessment charged to each such owner
shall be one thirty-fourth (1/34) of the total cost of the
improvements constructed within the district, including the
legal, financial and other directly attributable costs
incurred by the County. The one thirty-fourth (1/34) charge
shall be assessed against each lot located in the district.
02- 806
11/13/02
The amount finally taxed or assessed against each landowner
shall be reported to the treasurer as soon as practicable
after completion of the water line and appurtenant facilities
located within the district, and the treasurer shall enter
the same as provided for other taxes.
Section 5. Installment payment of assessments.
Any person against whom an assessment provided for in this
article has been finally made shall pay the full amount of
the assessment provided for in this article, on the due date
of the first tax bill on which such assessment is shown. In
no event, however, shall any part of the assessment be due
prior to the completion of the water line and appurtenant
facilities constructed pursuant to this article. As an
alternative to payment as provided above, a person against
whom an assessment provided for in this article has been made
may pay such assessment in forty (40) equal semiannual
principal installments over a period of twenty (20) years,
together with simple interest on the unpaid principal balance
at an annual rate equal to the interest rate of one-year
United States Treasury Bills on the date when the ordinance
was adopted. The first of such installments shall be due on
and interest on the unpaid principal balance shall accrue
from the date on which the full amount of the assessment
would otherwise have been due as provided above.
Section 6.
This ordinance shall not be set out in the County Code but
shall be kept on file in the office of the director of
utilities.
(2) This ordinance shall be in effect immediately upon
its adoption.
And, further, the Board appropriated $210,800 for the project
from the water fund balance, and set an interest rate at 1.32
percent (the current interest rate on one-year United States
Treasury Bills.)
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
15.C. TO CONSIDER AMENDING AN EXISTING ORDINANCE TO MODIFY
THE ~VICTORIA LANE WATER ASSESSMENT DISTRICT"
Mr. Bryant stated that this date and time has been advertised
for a public hearing to consider amending an existing
ordinance to modify the "Victoria Lane Water Assessment
District."
Mr. Miller called for the public hearing.
No one came forward to speak to the amendment.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
adopted the following ordinance amendment:
02- 807
11/13/02
AN ORDINANCE AMENDING AN ORDINANCE TO
CREATE THE VICTORIA LANE SPECIAL TAX
OR ASSESSMENT WATER DISTRICT
BE IT ORDAINED
Chesterfield County:
by the Board of Supervisors of
(1) That the Victoria Lane Special Tax or Assessment
Water District is created as follows:
Section 1. Definitions.
In the context of this ordinance, the following words
shall have the following meaning:
District: The Victoria Lane Special Tax or Assessment
Water District.
Map of the District: The map entitled ~Proposed
Modification to the Victoria Lane Water Assessment District"
prepared by the County Department of Utilities, which map is
on file with the director of utilities.
Section 2. Establishment of Victoria Lane Special Tax or
Assessment Water District.
Pursuant to Code of Virginia, Section 15.2-2404 et seq.,
there is hereby created in the county the Victoria Lane
Special Tax or Assessment Water District. The area of the
district shall be and the same is hereby fixed within the
boundaries depicted on the map of the district.
Section 3. Construction of certain water facilities in and
adjacent to the district.
The utilities department shall cause to be constructed in and
adjacent to the district the water line and appurtenant
facilities depicted on the map of the district.
Section 4. Taxes or assessments upon owners of property
located within the district.
The cost of construction of the water line and appurtenant
facilities located within the district shall be apportioned
among the owners of property abutting the water line. The
amount of the tax or assessment charged to each such owner
shall be one fourteenth (1/14) of the total cost of the
improvements constructed within the district, including the
legal, financial and other directly attributable costs
incurred by the County. The one fourteenth (1/14) charge
shall be assessed against each lot located in the district.
The amount finally taxed or assessed against each landowner
shall be reported to the treasurer as soon as practicable
after completion of the water line and appurtenant facilities
located within the district, and the treasurer shall enter
the same as provided for other taxes.
Section 5. Installment payment of assessments.
Any person against whom an assessment provided for in this
article has been finally made shall pay the full amount of
the assessment provided for in this article, on the due date
of the first tax bill on which such assessment is shown. In
02- 808
11/13/02
no event, however, shall any part of the assessment be due
prior to the completion of the water line and appurtenant
facilities constructed pursuant to this article. As an
alternative to payment as provided above, a person against
whom an assessment provided for in this article has been made
may pay such assessment in forty (40) equal semiannual
principal installments over a period of twenty (20) years,
together with simple interest on the unpaid principal balance
at an annual rate equal to the interest rate of one-year
United States Treasury Bills on the date when the ordinance
was adopted. The first of such installments shall be due on
and interest on the unpaid principal balance shall accrue
from the date on which the full amount of the assessment
would otherwise have been due as provided above.
Section 6.
This ordinance shall not be set out in the County Code but
shall be kept on file in the office of the director of
utilities.
(2) This ordinance shall be in effect immediately upon
its adoption.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
15.D. TO CONSIDER AN AMEND~NT TO THE ZONING ORDINANCE
RELATING TO THE DEFINITION OF GROUP HOMES
Mr. Micas stated that this date and time has been advertised
for a public hearing to consider an amendment to the Zoning
Ordinance relating to the definition of a group home. He
further stated that the proposed ordinance would eliminate
the category of abused or neglected children and conform the
county's definition of group homes to that required by state
law. He stated that staff is unaware of any group homes in
the abused or neglected category which would be eliminated
under the proposed ordinance.
Mr. Miller called for the public hearing.
No one came forward to speak to the amendment.
After brief discussion, on motion of Mr. Barber, seconded by
Mr. McHale, 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 19-301 OF THE ZONING
ORDINANCE
RELATING TO THE DEFINITION OF A GROUP HOME
BE IT ORDAINED
Chesterfield County:
by the Board of Supervisors of
(1)
That Section 19-301 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-
enacted to read as follows:
Sec. 19-301. Definitions.
02- 809
11/13/02
For the purposes of this chapter, the following words
and phrases shall have the following meanings:
o o o
Group home: An adult and/or child caring facility
licensed by the State Department Of Mental Health, Mental
Retardation And Substance Abuse Services, designed to provide
resident services to individuals who are physically
handicapped, mentally ill, mentally retarded, or
developmentally disabled, in which no more than eight such
individuals reside with one or more resident counselors or
other staff persons. For the purposes of this section, mental
illness and developmental disability shall not include
illegal use of or addiction to a controlled substance as
defined in Code of Virginia, § 54.1-3401. For the purposes of
this chapter, a group home shall be considered a
single-family dwelling.
o o o
(2) That this ordinance
immediately upon adoption.
shall become effective
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
15.E. TO CONSIDER THE APPROPRIATION OF FUNDS FOR THE MATOACA
ROAD/WOODPECKER ROAD INTERSECTION PROJECT
Mr. McCracken stated that this date and time has been
advertised for a public hearing to consider the appropriation
of funds for the Matoaca Road/Woodpecker Road Intersection
Project.
Mr. Miller called for the public hearing.
No one came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
appropriated $1,500,000 in anticipated Virginia Department of
Transportation reimbursements for the Matoaca Road/Woodpecker
Road Intersection Project.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
15.F. TO CONSIDER FY2004 THROUGH FY2009 SECONDARY ROAD SIX
YEAR IMPROVEMENT PLAN, FY2003 AND FY2004 SECONDARY
ROAD IMPROVEMENT BUDGETS, PROJECT DEVELOP~-NT
SCHEDULES FOR CHESTERFIELD ROAD FUND AND REGIONAL
SURFACE TRANSPORTATION PRO~RAM FUND, AND DESIGNATION
OF FY200~ CHESTERFIELD ROAD FUND PROJECTS
Mr. McCracken stated that this date and time has been
advertised for a public hearing to consider the FY2004
through FY2009 Secondary Road Six Year Improvement Plan,
FY2003 and FY2004 Secondary Road Improvement Budgets, Project
Development Schedules for Chesterfield Road Fund and Regional
Surface Transportation Fund, Project Development Schedules,
and Designation of FY2004 Chesterfield Road Fund Projects.
02- 810
11/13/02
When asked, Mr. McCracken stated that remaining funds from
the Centre Street Project will be used for the Marobrith Road
Project.
Mr. Barber noted that many of the projects awaiting funding
on the Six Year Plan have been delayed indefinitely, which is
a direct result of state budget impacts.
Mrs. Humphrey noted that 13 of the 22 projects being removed
from the Six Year Plan are in the Matoaca District.
Mr. McCracken introduced Mr. Chris Winstead, Virginia
Department of Transportation's (VDOT) Resident Engineer for
Chesterfield County.
Mr. Winstead stated that it is encouraging to know that a
relationship between the county and VDOT exists to maximize
transportation dollars as much as possible. He referenced
projects being completed that are a direct result of the
partnership between VDOT and the county. He expressed
appreciation to Mr. McCracken and staff as well as the Board
for their support.
Mrs. Humphrey expressed appreciation to Mr. Winstead for
providing center and edge lines and making other road repairs
in the vicinity of the new Matoaca High School. She
referenced a couple of areas in the Matoaca District in need
of repair.
Mr. Barber stated that he appreciates Mr. Winstead's
willingness to work with the Board in thinking creatively to
deal with traffic issues on a small scale.
Mr. Warren requested that Mr. Winstead have the no-outlet
sign at Ramsgate and Walhala Drive repaired.
Mr. McHale expressed appreciation that the Centralia/Chalkley
Road Project has been running very smoothly with very few
traffic delays.
Mr. Miller called for the public hearing.
No one came forward to speak to the issue.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors
and the Virginia Department of Transportation (VDOT) have
conducted a public hearing on the FY04 through FY09 Secondary
Road Six Year Improvement Plan; and
WHEREAS, the Board concurs with the proposed projects
identified in the Plan.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors approves the FY04 through FY09
Six Year Secondary Road Improvement Plan as presented by
VDOT.
And, be it further resolved, that the Board adopted the
following resolution:
02- 811
11/13/02
WHEREAS, the Virginia Department of Transportation
(VDOT) has submitted its proposed FY03 and FY04 Secondary
Road Improvement Budgets to the County; and
WHEREAS, the Budget represents the implementation of the
first year of the FY04 through FY09 Six Year Improvement Plan
adopted by the Board.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors approves the FY03 and FY04
Secondary Road Improvement Budgets as presented by VDOT.
And, further, the Board adopted the following resolution:
WHEREAS, Section 33.1-75 of the Code of Virginia permits
the Commonwealth Transportation Board to make an equivalent
matching allocation to any county for designation by the
governing body of up to 25% or $500,000, whichever is
greater, of funds received by it during the current fiscal
year pursuant to the "State and Local Fiscal Assistance Act
of 1972" for use by the Commonwealth Transportation Board to
construct, maintain, or improve primary and secondary highway
systems within such county; and
WHEREAS, the Chesterfield County Board of Supervisors
anticipates appropriating $500,000 for the Chesterfield Road
Fund with the adoption of the FY04 Appropriation Resolution;
and
WHEREAS, the Virginia Department of Transportation
(VDOT) has notified the County that $500,000 is the maximum
amount of Chesterfield County funds that will be matched by
the State during FY04.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors anticipates appropriating
$500,000 to be matched by the State for the FY04 Chesterfield
Road Fund (Revenue Sharing Program).
AND, BE IT FURTHER RESOLVED, that the matched funds shall
be allocated to the following projects:
$399,830
Old Buckingham Road (Mill Forest Drive to Olde
Coalmine Road) Preliminary Engineering, Right-
of-way, and Construction ($199,915 VDOT and
$199,915 County)
$600,170
Matoaca Road/Woodpecker Road Preliminary
Engineering, Right-of-way, and Construction
($300,085 VDOT and $300,085 County)
And, be it further, resolved, that the Board designated the
FY2004 Road Fund Projects Account as follows: $199,915 for
the Old Buckingham Road Project and $300,085 for the Matoaca
Road/Woodpecker Road Project, after July 1, 2003.
And, be it further resolved, that the Board approved the
FY2004 through FY2009 Chesterfield Road Fund Project
Development SchedUle and the FY2004 through FY2009 Regional
Surface Transportation Project Development Schedule.
02- 812
11/13/02
And, be it further resolved, that the Board authorized the
County Administrator to enter into the customary VDOT/county/
consultant/contractor design, right-of-way acquisition,
and/or construction agreements, acceptable to the County
Attorney, for the projects indicated in the Plan.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
15.0. TO CONSIDERAMEND~ENTS TO COUNTY CODE SECTION 6-48 AND
REPEAL OF COUNTY CODE SECTION 6-22 RE~ARDING LICENSE
TINS OR TAGS FOR PEDDLERS
Mr. Micas stated that this date and time has been advertised
for a public hearing to consider an ordinance amendment and
the repeal of Section 6-22 of the County Code regarding
license tins or tags for peddlers.
Mr. Miller called for the public hearing.
No one came forward to speak to the ordinances.
On motion of Mr. Barber, seconded by Mr. McHale, 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 6-48 RELATING TO PEDDLERS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 6-48 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 6-48. Peddlers
Every peddler who is not expressly exempt from a license tax
under the provisions of this chapter shall obtain a license
for the privilege of doing business in the county and shall
pay a license tax as set forth below:
(a) Unless otherwise provided in this section or in some
other section of this chapter, the license tax for each
peddler selling or offering for sale goods, wares and
merchandise shall be $500.00 for the license tax year.
(b) Any person who sells or offers to sell goods, wares, or
merchandise to licensed dealers, other than at a definite
place of business operated by the seller, and at the time of
such sale or exposure for sale delivers, or offers to
deliver, the goods, wares or merchandise to the buyer, is a
"peddler at wholesale." Any delivery on the day of sale shall
be construed as a delivery at the time of sale. Each peddler
at wholesale shall pay a license tax for the tax year; the
license tax rate for each peddler at wholesale shall be the
same as the license tax rate applicable to a wholesale
merchant selling similar goods, wares and merchandise at one
definite place of business.
02- 813
11/13/02
(c) No license shall be imposed on any peddler who sells or
offers for sale in person or by his employees only the
following items or any of them if such items were grown or
produced by him or by his employees and were not purchased by
him for sale: ice, wood, charcoal, meats, milk, butter, eggs,
poultry, game, vegetables, fruits or other family supplies of
a perishable nature or farm, domestic or nursery products.
(d) A license tax of $25.00 for the license year shall be
imposed on any peddler who sells or offers for sale in person
or by his employees the following items or any of them if
such items were not grown or produced by him or by his
employees: meats, milk, butter, eggs, poultry, fish, oysters,
seafood, game, vegetables, fruit or other edible family
supplies of a perishable nature.
(e) A license tax of $25.00 for the license year shall be
imposed on any peddler who sells or offers for sale only
Christmas trees or Christmas greens not grown or produced by
him.
(f) A peddler whose activities are conducted solely for
charitable purposes and who is not paid for his services
shall not be required to pay any license tax under this
section.
(g) A license tax of $25.00 for the license year shall be
imposed on any peddler whose activities are conducted as part
of an event conducted or sponsored[ by any department of the
county government.
(h) A peddler who sells fire wood for home consumption shall
not be required to pay any license tax under this section.
(i) A peddler's license shall not be transferable and shall
not be subject to proration. The full amount of the license
tax shall be paid when assessed.
(j) It shall be unlawful for a peddler to park, stand, stop
or allow a vehicle to remain in any place for the purpose of
peddling any longer than is necessary to conclude a sale of
any goods, wares or merchandise or a continuous uninterrupted
series of sales thereof, and in any event it shall be
unlawful for a peddler to park, stand, stop or allow a
vehicle to remain in any place for the purpose of peddling
more than 30 minutes in any day.
(k) The license tax imposed under this section shall be
imposed upon each person and each agent of a corporation,
association, or other entity who conducts the activities of a
peddler; except that peddlers who all peddle from or in close
proximity to a vehicle and who all peddle the same type of
goods, wares or merchandise may obtain a single peddler
license for each vehicle, which shall list the names of all
those peddlers peddling from or in close proximity to such
vehicle. The license tax for such license shall be the amount
of tax that would otherwise have been charged to one of those
peddlers.
(2) That this ordinance shall become effective immediately
upon adoption.
And, further, the Board adopted the following ordinance:
02- 814
11/13/02
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY REPEALING
SECTION 6-22 RELATING TO TINS OR
TAGS PROVIDED FOR DISPLAY BY PEDDLERS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 6-22 of the Code of
Chesterfield, 1997, as amended, is repealed.
the County of
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
15.H. TO CONSIDER ~S TO COUNTY CODE SECTION 9-157 TO
CHANGE THE PENALTY PROVISIONS FOR LATE PAYMENT OF THE
TRANSIENT OCCUPANCY TAX
Mr. Micas stated that this date and time has been advertised
for a public hearing to consider changing the penalty
provisions for late payment of the transient occupancy tax.
Mr. Miller called for the public hearing.
No one came forward to speak to the issue.
On motion of Mr. McHale, seconded by Mr. Barber, 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 9-157 RELATING TO PENALTY
FOR LATE REMITTANCE OF TRANSIENT OCCUPANCY TA~
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 9-157 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 9-157. Penalty for late remittance or false return
(a) If a person fails or refuses to pay the county the tax
required to be collected and paid under this article within
the time and in the amount required, he shall incur a penalty
in the amount of ten percent of the tax due, or $10.00,
whichever is greater. Interest will accrue on the amount
due at a rate of ten percent per year, calculated monthly
beginning on the first day of the month following the
delinquency.
(b) If a person files a false return with the intent to
defraud the county of any tax under this article, a penalty
of 50 percent of the tax shall be assessed against the
person.
(2) That this ordinance shall become effective January 1,
2003.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 815
11/13/02
15.I. TO CONSIDER A PROPOSED BLIGHT ORDINANCE
Mr. Dupler stated that this date and time has been advertised
for a public hearing to consider the proposed Spot Blight
Ordinance.
Mr. Miller called for the public hearing.
Mr. John Kinch, representing the Farm Bureau, stated that he
supports the proposed ordinance.
There being no one else to speak to the ordinance, the public
hearing was closed.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED
BY ADDING SECTIONS 5-7.1, 5-7.2, 51-7.3, 5-7.4, 5-7.5, 5-7.6
AND 5-7.7
RELATING TO SPOT BLIGHT ABATEMENT
BE IT ORDAINED
Chesterfield County:
by the Board of Supervisors of
(1) That Sections 5-7.1, 5-7.2, 5-7.3, 5-7.4, 5-7.5, 5-
7.6 and 5-7.7 of the Code of the County of Chesterfield,
1997, as amended, are added to read as follows:
Sec. 5-7.1. Purpose.
The board of supervisors finds that deteriorating
properties, including the improvements and the land on which
they are built, have a deleterious effect on property values
and the quality of life in the area surrounding them. This
spot blight ordinance is enacted to provide for the abatement
of blight which threatens the health, safety, morals and
welfare of the community.
Sec. 5-7.2. Blight abatement authorized.
The county may acquire or repair any blighted property,
as defined in section 5-7.3, by exercise of the powers of
eminent domain and, further, shall have the power to hold,
clear, repair, manage or dispose of such property for
purposes consistent with this ordinance. In addition, the
county may recover the costs of any repair or disposal of
such property from the owner.
Sec. 5-7.3. Blighted property defined.
(a) To be blighted a property must have a building or
improvement that by reason of dilapidation, obsolescence,
overcrowding, faulty arrangement of design, lack of
ventilation, light and sanitary facilities, excessive land
coverage, deleterious land use or obsolete layout, or any
combination of these or other factors, is detrimental to the
safety, health, morals or welfare of the community. This
definition shall not include farm buildings and structures
not used for residential purposes, located on property with
02- 816
11/13/02
an agricultural zoning classification where farming
operations take place, and used primarily for any of the
following uses or combination thereof:
Storage, handling, production, display, sampling or
sale of agricultural, horticultural, floricultural
or silvicultural products produced on the farm;
o
Sheltering, raising, handling, processing or sale
of agricultural animals or agricultural animal
products;
Business or office uses
operations;
relating to the farm
o
Use of farm machinery or equipment, or maintenance
of storage of vehicles, machinery or equipment on
the farm;
Storage or use of supplies and materials used on
the farm; or
6. Implementation of best management practices
associated with farm operations.
(b) In determining whether a property meets the
definition of blighted set forth above, the county may
consider any of the following, or other pertinent, factors:
Condemned structure - A structure on the property
has been continuously vacant for at least one year,
has been condemned as unfit for human occupancy by
the building official in accordance with the
Virginia Uniform Statewide Building Code, but the
building official is unable to find that the
criteria for demolition have been met and the owner
has failed to take corrective action as directed by
the building official;
Rat and rodent infestation - There is evidence of
rat or rodent infestation or harborages caused by
conditions on the property;
Previous citations - The property has been used or
maintained in a condition which has resulted in the
following actions:
ao
The owner has been cited on a least three
separate occasions because activities or
conditions on the property violate state or
county criminal laws, or county ordinances
governing the use or maintenance of property,
and those activities or conditions threaten
the public heath, safety, morals, and welfare
of the community, or
The owner has refused to abate violations as
ordered by the court, or has repeated conduct
for which the owner has been convicted of
violating county ordinances in the past.
02- 8Z7
11/13/02
Inadequate facilities - The property has inadequate
sewage, septic, plumbing, well or heating
facilities;
Potential trespass - If the property is vacant, the
owner has failed to take adequate precautions to
prevent the use of the property by trespassers;
o
Nuisance to children - A potential attractive
nuisance to children exists on the property,
including, but not limited to, abandoned wells,
basements, excavations, or broken fences;
o
Fire hazard - Any condition exists on the property
that has been specifically identified as a fire
hazard by the fire department or the building
official; and
o
Substantial dilapidation of buildings or structures
as evidenced by either:
Structural collapse of either interior or
exterior structural elements such as floors,
walls, roofs, porches, decks and similar
appendages which do not pose a danger to the
public; or
bo
Removal or rotting of exterior siding, roofing
or sheathing exposing structural members to
the weather.
Sec. 5-7.4. Procedures for declaring blight; notification of
owner, public hearings.
(a) The county administrator or his designee shall make
a preliminary determination that a property is blighted in
accordance with section 5-7.3 and shall notify the owner by
regular and certified mail, specifying the reasons why the
property is considered blighted. The notice mailed to the
owner also shall be posted on the property. The owner shall
have 30 days within which to respond with a plan that would
cure the blight within a reasonable time.
(b) Upon approval of the plan to cure blight the owner
shall have 90 days to complete all work approved in the plan.
The county administrator or his designee may grant extensions
of time to complete work where in his opinion the owner has
completed substantial portions of the work in compliance with
the plan.
(c) If the owner fails to respond within the 30-day
period set forth in section 5-7.4(a) with a plan that is
acceptable to the county administrator or his designee, or
fails to complete the work approved in the plan to cure
blight and has not been granted an extension of time to
complete such, the county administrator or his designee may
(i) request the planning commission to conduct a public
hearing and make findings and recommendations that shall be
reported to the board of supervisors concerning the repair or
other disposition of the property in question and (ii) if a
public hearing is scheduled, shall prepare a plan for the
repair or other disposition of the property.
02- 8~8
11/13/02
(d) Not less than three weeks prior to the date of the
public hearing before the planning commission, the commission
shall provide, by regular and certified mail, notice of such
hearing to (i) the owner of the blighted property or the
agent designated by him for receipt of service of notices
concerning the payment of real estate taxes on the property;
(ii) the abutting property owners in each direction,
including those property owners immediately across the street
or road from the property; and (iii) the representative
neighborhood association, if any, for the immediate area.
The notice shall include the plan for the intended repair or
other disposition of the property. The notice of the public
hearing shall be published at least twice, with not less than
six days elapsing between the first and second publication,
in a newspaper published or having general circulation in the
county. The notice also shall be posted on the property.
The notice shall specify the time and place of the hearing at
which persons affected may appear and present their views,
not less than six days nor more than 21 days after the second
publication.
(e) The planning commission shall determine whether:
1. The property is blighted;
The owner has failed to cure the blight or
present a reasonable plan to do so;
o
The plan for the repair or other disposition
of the property is in accordance with the
county's comprehensive plan, zoning ordinance,
and other applicable land use regulations;
The property is located within an area listed
on the National Register of Historic Places
or, pursuant to Chapter 19 of the County Code,
is located within an historic district or is a
designated landmark. In such instances, the
planning commission shall consult with the
preservation committee regarding the proposed
repair or other disposition of the property;
and
If the property is to be acquired, whether the
property is occupied for personal residential
purposes and whether it has been condemned for
human habitation for more than one year.
(f) The planning commission shall report its findings
and recommendations concerning the property to the board of
supervisors. The board of supervisors, upon receipt of such
findings and recommendations, may, after an advertised public
hearing, affirm, modify, or reject the planning commission's
findings and recommendations. If the repair or other
disposition of the property is approved, the county may carry
out the approved plan to repair or acquire and dispose of the
property in accordance with the approved plan, the provision
of this section, and applicable law. The county shall have a
lien on all property so repaired or acquired under an
approved plan to recover the cost of (i) improvements made by
the county to bring the blighted property into compliance
with applicable building codes and (ii) disposal, if any.
The lien authorized by this subsection shall be filed in the
02- 819
11/13/02
circuit court and shall be subordinate to any prior liens of
record. The county may recover its costs of repair from the
owner of record of the property when the repairs were made at
such time as the property is sold or disposed of by such
owner. If the property is acquired through eminent domain,
the cost of repair may be recovered when the county sells or
disposes of the property. In either case, the costs of
repair shall be recovered from the proceeds of any such sale.
Sec. 5-7.5. Occupied For Residential Purposes
Unless otherwise provided for in Title 36 of the Code of
Virginia, if the blighted property is occupied for personal
residential purposes, the county, in approving the plan,
shall not allow for an acquisition of such property if it
would result in a displacement of the person or persons
living in the premises. The provisions of this subsection
shall not apply to acquisitions, under an approved plan, by
the county of property which has been condemned for human
habitation for more than one year. In addition, the county
in exercising the powers of eminent domain in accordance with
Title 25 of the Code of Virginia, may provide for temporary
relocation of any person living in the blighted property
provided the relocation is within the financial means of such
person.
Sec. 5-7.6. Declaration of nuisance.
In lieu of the acquisition of blighted property by the
exercise of the powers of eminent domain as herein provided,
and in lieu of the exercise of other powers granted in
sections 5-7.1 through 5-7.4, the board of supervisors, by
ordinance, may declare any blighted property to constitute a
nuisance, and thereupon abate the nuisance pursuant to state
law. Such ordinance shall be adopted only after written
notice by certified mail to the owner or owners at the last
known address of such owner as shown on the current real
estate tax assessment books or current real estate tax
assessment records.
Sec. 5-7.7. Provisions cumulative.
The provisions of this article shall be cumulative and
shall be in addition to any remedies for spot blight
abatement that may be authorized by law.
(2) That this ordinance
immediately upon adoption.
shall become effective
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
15.J. TO CONSIDER AN ORDINANCE AME~NT RELATIVE TO MOTOR
VEHICLE SALES, SERVICES AND REPAIR IN A C-3 ZONING
DISTRICT
Mr. William Poole, Assistant Director of Planning, stated
that this date and time has been advertised for a public
hearing to consider an ordinance amendment relative to motor
vehicle sales, services and repair in a C-3 zoning district.
He further stated that both staff and the Planning Commission
recommend approval.
02- 820
11/13/02
Mr. Miller called for the public hearing.
Mr. Roger Habeck stated that he supports the proposed
ordinance and feels it will help solve long-standing problems
and difficulties for the business community.
No one else came forward to speak to the ordinance.
Mr. Barber expressed concerns relative to allowing automobile
dealerships with heavy engine repair in C-3 districts. He
stated that he wants to review areas where C-3 zoning
currently exists in the Midlothian District, and requested a
30-day deferral to do so.
Mr. Barber made a motion, seconded by Mr. Warren, for the
Board to defer consideration of the ordinance amendment
relative to motor vehicle sales, services and repair in a C-3
zoning district until December 18, 2002.
Mr. Poole stated that he will provide all Board members with
information relative to the location of C-3 zoning in their
districts.
Discussion ensued relative to closing the public hearing.
Mr. Micas stated that, if the Board decided to eliminate
entirely motor vehicle sales from an existing zone, he would
recommend that the ordinance be sent back to the Planning
Commission and re-advertised.
It was generally agreed that the public hearing for the
proposed ordinance be closed.
Mr. Miller called for a vote on the motion of Mr. Barber,
seconded by Mr. Warren, for the Board to defer consideration
of the ordinance amendment relative to motor vehicle sales,
services and repair in a C-3 zoning district until December
18, 2002.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
15 .K.
TO CONSIDER AN ORDINANCE TO VACATE PORTIONS OF
GRASSLAND SUBDIVISIONS
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider an ordinance to vacate
portions of Grassland Subdivisions.
Mr. Miller called for the public hearing.
No one came forward to speak to the ordinance.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to VIRGINIA STATE UNIVERSITY REAL
ESTATE FOUNDATION, a Virginia non-stock
corporation, ("GRANTEE"), portions of
02- 821
11/13/02
Lots 20 and 21, Grassland, MATOACA
Magisterial District, Chesterfield
County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's
Office of the Circuit Court of
Chesterfield County in Plat Book 3, at
Page 130 and portions of Lots 1 and 2
within Part of Grassland, as shown on a
plat thereof duly recorded in the
aforesaid Clerk's Office in Plat Book 3,
at Page 252.
WHEREAS, VIRGINIA STATE UNIVERSITY REAL ESTATE
FOUNDATION, a Virginia non-stock corporation, petitioned the
Board of Supervisors of Chesterfield County, Virginia to
vacate portions of Grassland Subdivisions, MATOACA
Magisterial District, Chesterfield County, Virginia, more
particularly shown on plats of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 3, Page 130,
by W. C. RIVERS, C.E., dated APRIL 17, 1916, and Plat Book 3,
Page 252, by L. B. DUTROW, C.E., dated SEPTEMBER 14, 1921.
The portions of Grassland petitioned to be vacated are more
fully described as follows:
Portions of Lots 20 and 21, Grassland and
portions of Lots 1 and 2 within Part of
Grassland, the locations of which are
more fully shown on a plat made by
VANASSE, HANGEN, BRUSTLIN, INC., dated
JUNE 25, 2002, and revised AUGUST 27,
2002 and OCTOBER 24, 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 Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portions of Subdivisions 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 portions of
Grassland Subdivisions be and are hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portions of the plats vacated.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and VIRGINIA
02- 822
11/13/02
STATE UNIVERSITY REAL ESTATE FOUNDATION, a Virginia non-stock
corporation, or its successors in title, as GRANTEE.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
15.L. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
SIXTEEN-FOOT EASEMENT ACROSS LOT 16, BLOCK D,
MEADOWBROOKWEST, SECTION F
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider an ordinance to vacate a
portion of a 16-foot easement across Lot 16, Block D,
Meadowbrook West, Section F.
Mr. Miller called for the public hearing.
No one came forward to speak to the ordinance.
On motion of Mr. Miller, seconded by Mr. McHale, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to JOHN W. DUVAL, ("GRANTEE"), a
portion of a 16' easement across Lot 16,
Block D, Meadowbrook West, Section F,
DALE 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 16, at
Page 59.
WHEREAS, JOHN W. DUVAL, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of a 16' easement across Lot 16, Block D, Meadowbrook
West, Section F, DALE 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 16, Page 59, by J. K. TIMMONS & ASSOCIATES, dated
JULY 10, 1968 recorded July 11, 1968. The portion of
easement petitioned to be vacated is more fully described as
follows:
A portion of a 16' easement, across Lot
16, Block D, Meadowbrook West, Section F,
the location of which is more fully shown
on a plat made by BALZER AND ASSOCIATES,
INC., dated AUGUST 7, 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 Virginia, 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
02- 823
11/13/02
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 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 easement hereby vacated in
the property owner of Lot 16, Block D, Meadowbrook West,
Section F free and clear of any rights of public 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 any
construction, maintenance, repair or replacement of the
County facilities within the easement.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and JOHN W.
DUVAL, or his successors in title, as GRANTEE.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
15 .M.
TO CONSIDER A REQUEST TO QUITCLAIM A 0.331 ACRE PARCEL
OF LAND WITHIN HAWKIN'S WOOD AT THE QROVE, SECTION TWO
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider a request from The Grove
Homeowners Association to quitclaim a 0.331 acre parcel of
land within Hawkin's Wood at The Grove, Section 2.
Mr. Miller called for the public hearing.
No one came forward to speak to the issue.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to convey a
0.331 acre parcel of land to The Grove Homeowners
Association.
Ayes: Miller, Warren, Barber, Humphrey and McHale.
Nays: None.
02- 824
11/13/02
16. ADJOURNMENT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adjourned at 8:45 p.m. until November 26, 2002 at 4:00 p.m.
Ayes: Miller, Warren, Humphrey, Barber and McHale.
Nays: None.
La~e B.
County Administ~'ator
C~al ~ rYma~nMiller
02- 825
11/13/02