04-09-2003 MinutesBOARD OF SUPERVISORS
MINUTES
April 9, 2003
Supervisors in Attend~nce~
Mr. Arthur S. Warren, Chairman
Mr. J. L. McHale, III, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny B. Humphrey
Mr. Kelly E. Miller
Mr. Lane B. Ramsey
County Administrator
Staff in Attendances
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Craig Bryant, Dir.,
Utilities
Mr Steven Calabro, Dir.,
County Airport
Dr Billy Cannaday, Jr.,
Supt., School Board
Ms Jana Carter, Dir.,
Youth Services
Ms Marilyn Cole, Asst.
County Administrator
Mr Richard Cordle,
Treasurer
Ms Rebecca Dickson, Dir.,
Budget and Management
Mr William Dupler,
Building Official
Ms Lisa Elko, CMC
Clerk
Chief Stephen A. Elswick,
Fire Department
Ms. Suzanne Fleming, Asst.
Dir., Social Services
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Lawrence C. Haake, III
Registrar
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Joseph Horbal,
Commissioner of Revenue
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. H. Edward James,
Dir., Purchasing
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Ms. Mary Lou Lyle, Dir.,
Accounting
Mr. Mike Mabe, Dir.,
Libraries
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Mr R. John McCracken,
Dir., Transportation
Lt Col. Dennis McDonald,
Police Department
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
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Scott Zaremba, Asst.
Dir., Human Resource
Management
Mr. Warren called the regularly scheduled meeting to order at
3:44 p.m.
1. APPROVAL OF MINUTES FOR MARCH 26, 2003
On motion of Mr. McHale, seconded by Mr. Miller, the Board
approved the minutes of March 26, 2003, as submitted.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Stith stated that federal legislation required the county
as a part of Homeland Security to conduct a vulnerability
assessment of its water treatment, distribution and
impoundment facilities. He further stated that one of the
recommendations that came out of the study was to limit
access to the Swift Creek Reservoir from Woolridge Road by
installing guardrails to enhance protection against
accidental or intentional contamination of the reservoir. He
noted that many concerns have been expressed by residents who
fish in the reservoir relative to restricted access.
Mr. Micas provided background information regarding the
ownership of the reservoir. He stated that the county
obtained impoundment easements in the late 1960's, which
allowed the county to flood the area for the purpose of
creating a public reservoir and to impound and to withdraw
water for public consumption. He further stated that the
original owners retained the right for themselves and any
subsequent purchasers to use the lake for hunting, fishing
and recreational uses. He stated that the county does not
enjoy general public access across Swift Creek Reservoir
because the only rights acquired were impoundment easements.
When asked, Mr. Micas stated that the county owns the dam
area and treatment plant in addition to the reservoir itself.
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Discussion ensued relative to transfer of the subject
property to various entities from the original owner.
Mr. Micas stated that the various community associations have
the right to regulate hunting, fishing and swimming on the
reservoir in the areas of their respective ownership and
noted that it is difficult to regulate these activities
within the areas of their control.
When asked, Mr. Micas stated that the county's proposed
hunting prohibition would override the associations' rights
as private property owners so that the Department of Game and
Inland Fisheries could provide enforcement. He further
stated that the only way for the county to acquire the rights
for general public access to the reservoir would be to either
purchase right of access from the owners or condemn the
property. He stated that Woolridge Road existed prior to
construction of the reservoir and indicated that the county
has a ~prescriptive easement" to continue to permanently use
it for a road, and indicated that the areas above water
adjacent to Woolridge Road remain in private ownership. He
further stated he feels no one else could establish a
prescriptive right of way to Woolridge Road other than the
county.
Mr. Ramsey stated that staff will hold off on placing the
guardrail on Woolridge Road until an explanation can be given
to the public that the county has never owned the right to
give people access to the reservoir. He further stated that
alternatives will be explored to closing the access and noted
that the Police Department is providing a special watch of
the area during normal patrol.
Mr. Miller stated he does not feel a guardrail would deter
anyone who wanted to contaminate the reservoir.
Mr. Ramsey stated that studies indicate a truckload of
contaminants would be necessary to significantly damage the
water source.
Mr. Miller stated that he wanted the public to have an
opportunity to understand the motivation behind the guardrail
proposal.
Mr. Warren requested that staff provide the Brandermill,
Woodlake and Lakepointe Community Associations with
background information regarding ownership of the reservoir
and the rights, responsibilities and obligations of the
associations relative to the reservoir.
3. BOARD COMmITtEE R~PORTS
There were no Board committee reports at this time.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
moved Item 8.A.5., Budget Item to Consider the Ordinance
Amendment Relating to Fire Department Fee Changes, to follow
Item 16.C., Public Hearing to Consider an Ordinance Banning
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Open Burning of Debris Waste in the County; replaced Item
8.C.l.c., Adoption of Resolutions Recognizing Mr. Jonathan
Edward Lowman, Mr. Matthew Benjamin Welton and Mr. Michael
Dean Welton Upon Attaining the Rank of Eagle Scout; added
Item 8.C.6.c., Authorization for the County Administrator to
Execute a Construction Contract for Matoaca Park, Phase III,
New Concession Building; added Item 10.C., Closed Meeting
Pursuant to Section 2.2-3711(A) (7), Code of Virginia, 1950,
as Amended, for Consultation with Legal Counsel Regarding
Specific Legal Matters Requiring the Provision of Legal
Advice Relating to Rebecca B. and C. Leland Bassett; replaced
Item 14.A., Resolutions Recognizing Boy Scouts Upon Attaining
the Rank of Eagle Scout; and adopted the Agenda, as amended.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
o RECOGNIZING APRIL 6-13, 2003, AS "BOYS AND GIRLS CLUBS
WEEK" IN CHESTERFIELD COUNTY
Mr. Kappel introduced Ms. Mary McRoberts, Executive Director
of Boys and Girls Clubs of Chesterfield County and members of
the Matoaca and Falling Creek Boys and Girls Clubs, who were
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, April 6-13, 2003 is ~National Boys and Girls
Clubs Week"; and
WHEREAS, the Boys and Girls Clubs of Metro Richmond
provide a safe haven for children during the most influential
time in their lives; and
WHEREAS, caring, professional staff help these young
people to develop self-esteem, leadership skills and a
positive outlook about setting and reaching life goals; and
WHEREAS, club facilities are open to all youth and
provide daily programs; and
WHEREAS, Boys and Girls Clubs of Metro Richmond offer
five core areas of service; and
WHEREAS, those areas are Educational and Career
Development; Character and Leadership Development; Health and
Life Skills; The Arts; and Sports, Fitness and Recreation;
and
WHEREAS, two clubs currently operate in Chesterfield
County, one at Falling Creek Middle School and one at Matoaca
Middle School; and
WHEREAS, these clubs serve more than 400 young people
each year; and
WHEREAS, all Chesterfield County residents benefit from
the Boys and Girls Clubs of Metro Richmond and the manner in
which they prepare our youths to face the future as caring,
responsible citizens.
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NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of April 2003,
publicly recognizes the exemplary achievements of the Boys
and Girls Clubs, and proclaims April 6-13, 2003 as ~Boys and
Girls Clubs Week."
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution to members of
the Matoaca and Falling Creek Boys and Girls Clubs, and she
and Mr. Miller each expressed appreciation for the wonderful
opportunities provided to young people by the clubs.
Matoaca Club member Nisan Quarles expressed appreciation to
the Board for the recognition and the support of the Boys and
Girls Clubs in Chesterfield County.
Falling Creek Club member Deleyse Rowe expressed appreciation
to the Board for their support.
5. WORK SESSIONS
0 THE COUNTY ADMINISTRATOR'S PROPOSED FY2004 BIENNIAL
FINANCIAL PLAN, THE PROPOSED FY2004 COMMUNITY DEVELOPMENT
BLOCK GRANT AND HOME ANNUAL PLAN, AND THE PROPOSED
FY2004-FY2010 CAPITAL IMPROVEMENT PROGRAM
Ms. Dickson presented a summary of recommended changes to the
proposed FY2004 Biennial Financial Plan, the proposed FY2004
Community Development Block Grant (CDBG) and HOME Annual
Plan, the Proposed FY2004-FY2010 Capital Improvement Program
(CIP); and the current FY2003 Capital Improvement Program.
There was brief discussion relative to transfer of funds from
the 360 West Area Park to Matoaca Park.
Ms. Dickson reviewed the County Administrator's
recommendation for FY2003 results of operations (pending
audit results), including $150,000 for Police vehicles;
$150,000 for Fire vehicles; $150,000 for Libraries Internet
management; and $120,000 for additional psychiatric services
in Mental Health/Mental Retardation/Substance Abuse (to be
addressed only if needed). She then reviewed Board actions
being requested relative to budget items.
Mr. Miller requested that Mr. Jacobson come forward to answer
questions relative to special exceptions and conditional uses
approved by the Board of Zoning Appeals.
When asked, Mr. Jacobson stated that state statute sets out
the responsibility for the Board of Zoning Appeals as well as
the Planning Director, under certain circumstances, to grant
variances.
Mr. Miller stated that in some instances, a special exception
approved by the Board of Zoning Appeals is of such a large
scale and with such a significant land use impact on
neighboring property that it would be more appropriate if it
were reviewed by the Board of Supervisors through the
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conditional use process rather than the Board of Zoning
Appeals.
Mr. Miller then made a motion, seconded by Mrs. Humphrey, for
the Board to direct the Planning Director to re-examine the
appropriateness of characterizing uses as special exceptions
or conditional uses and to prepare zoning ordinance
amendments that would change any large impact uses from
special exceptions to conditional uses and report back to the
Board no later than July 31, 2003.
Discussion ensued relative to pending requests before the
Board of Zoning Appeals and Mrs. Humphrey requested that the
Board be provided with information relative to pending cases
by district before the Board of Zoning Appeals.
Mr. Barber stated that the Board of Zoning Appeals made a
decision on a very sensitive case in the Midlothian District
that was contrary to staff's position. He further stated
that he feels Mr. Miller's motion is very timely and he hopes
the Board can make some inroads into the parameters the Board
of Zoning Appeals chooses for itself.
Mr. McHale made a motion, seconded by Mrs. Humphrey, for the
Board to suspend its rules to allow for consideration of an
item to direct the Planning Director to re-examine the
appropriateness of characterizing uses as special exceptions
or conditional uses and to prepare zoning ordinance
amendments that would change any large impact uses from
special exceptions to conditional uses.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Miller then restated his original motion, seconded by
Mrs. Humphrey, for the Board to direct the Planning Director
to re-examine the appropriateness of characterizing uses as
special exceptions or conditional uses and to prepare zoning
ordinance amendments that would change any large impact uses
from special exceptions to conditional uses and report back
to the Board no later than July 31, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren requested that Mr. Jacobson come forward to answer
questions relative to the re-prioritization of Planning
staff's FY2004 work schedule and what the study of the Upper
Swift Creek Plan will entail.
Mr. Jacobson stated that, if the plans currently being worked
on go through the Planning Commission and Board's approval
process in a timely manner, he anticipates that major citizen
input on the Upper Swift Creek Plan would begin in the Fall
of 2003. He further stated that in the past, staffing for a
major plan such as this has ranged from 400 to more than 600
staff days depending upon the citizen participation. He
stated that there are numero~us issues to review in regards to
the Swift Creek Plan and the process is not limited to the
plan document itself, but also to issues of the area such as
roads, schools and water quality. He noted that staff will
make recommendations on the issues raised in terms of how to
build a better community.
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Mr. Warren then inquired about the area that encompasses the
Northern Area Plan.
Mr. Jacobson provided a map of the area included in the
Northern Area Plan.
Mr. Warren stated that the Northern Area Plan covers three
miles of Courthouse Road, and indicated that there are no
for-sale signs on any property in that three-mile stretch of
Courthouse Road. He expressed concerns that if the study is
done, Courthouse Road could become a commercial corridor and
the property values of Smoketree, StonehenHe, Lake Crystal
Farms, Reams Run and Shenandoah would be impacted.
Mr. Jacobson stated that PlanninH staff is not an advocate
for commercial strip development. He further stated that
staff realizes there are strong opinions as to how Courthouse
Road should not be developed and will explore a variety of
alternatives to developing the corridor, indicating that this
would be another major planning effort.
Mr. Miller expressed concerns relative to difficulties in
getting citizen participation and sugHested that plan studies
not be extended due to lack of citizen input.
Discussion ensued relative to the demand for commercial uses
in the Courthouse Road area.
Mr. Miller suggested that a marketing analysis of the area be
completed by a consultant.
Mr. Jacobson stated that a marketing analysis was done by a
consultant when the original Northern Area Plan was
developed. He further stated that staff will use a similar
methodoloqy when reviewing the plan.
Mr. Warren stated he feels Mr. Miller's sugHestion of a
marketing analysis is a good. idea, indicating that he feels
it would determine whether there is a need for radical
changes in the land use that currently exists.
Mr. Jacobson stated that the last marketing analysis of the
area cost approximately $30,000. He further stated that the
cost of a consultant's marketing analysis was not factored
into the cost of studying the Northern Area Plan, and noted
that the methodology used by staff in reviewing land use
plans includes an economic market study.
Mr. Barber stated that, although a marketing analysis might
be a good idea, it is not staff's regular course of business
to do so prior to reviewing a plan, indicating that he does
not know why we would do this prior to reviewing the Northern
Area Plan if we were not going to do it for the Upper Swift
Creek Plan. He further stated that the Northern Area Plan is
the oldest plan in the county that has not been reviewed. He
noted that ten percent of local revenue comes from Midlothian
Turnpike - an area encompassed by the Northern Area Plan, and
stated that it would be unwise not to review the plan. He
stated that he does not support commercial stripping of any
property, but feels there are properties along Courthouse
Road that are reducing the property values in the area
because they are so close to the road and are either
uninhabited or uninhabitable or are rental properties that
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are not being taken care of. He referenced the deterioration
of Turner Road and the fact that the Northern Area Plan is 20
years old, and stated that he feels we would be doing the
residents of subdivisions surrounding Courthouse Road a favor
by undertaking the study. He stated that initiation of a
plan review does not tell us what the outcome is - it simply
opens up the process. He further stated that he feels it
would be wise for the Board to direct staff to study the
Northern Area Plan because the Planning Commission has
recommended it as their top priority.
Mr. Miller expresSed concerns that Virginia Department of
Transportation has taken properties on Courthouse Road up to
the residents' doorsteps for the widening of the road, and
indicated he feels it is the right time to undertake a study
of the Northern Area Plan. He further stated that if it
becomes necessary to do a consultant's marketing analysis in
conjunction with the study of the plan, he would be
supportive of it.
Mr. Warren stated that he feels the private sector is better
qualified to provide a marketing analysis than Planning
staff. He indicated that he will request removal of the
Northern Area Plan update from the priority list of the
Planning Department's FY2004 work agenda in the proposed
FY2004 Biennial Financial Plan for a separate vote. He noted
that he has received numerous letters from various
communities indicating that they feel it would be a waste of
tax dollars to revisit an area that has already been studied.
He noted that citizen participation is absolutely vital as we
become more sophisticated in our planning processes.
Mrs. Humphrey inquired about the timeline for the Upper Swift
Creek Plan. Mr. Jacobson stated that he anticipates it will
take approximately 12-18 months after commencement of
community meetings before the Upper Swift Creek Plan comes to
the Board for adoption.
Mr. Barber stated that he wants to clarify for residents that
the LINK has never been a part of the budget. He noted that
the number of riders of the express service from Lowe's has
not increased over time, and the county had to consider how
much to spend on a service that is used by a small number of
people and has plateaued in its ridership. He stated that if
the business community wanted to address a service that it
has indicated is vital through an increased BPOL tax, he
feels the Board would support the service, but indicated that
the business community does not support an increased BPOL
tax. He further stated that, although the Board is not
willing to take on the financial burden of the LINK, both he
and Mr. Warren are willing to continue dialogues with the
business community to see if there are any other
opportunities for funding the service.
Mr. Miller stated that he will not support raising taxes to
support the LINK. He further stated that he does not feel we
should give citizens any indication that there might be a way
to fund the LINK, and stated that the honest way to go would
be to hold a referendum and ask the citizens if they support
being taxed for public transportation in Chesterfield County.
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Mr. Warren stated that he supports continued discussions with
the business community relative to creative solutions for
funding the LINK.
Mr. Miller reiterated that he would not support any use of
taxpayer dollars to fund the LINK.
Mr. Warren expressed concerns that taxpayers are subsidizing
riders of the LINK at $30.00 daily per round trip. He
referenced a letter from Mr. Steve Erie, President of the
Chesterfield Business Council indicating that the members do
not support raising the BPOL tax as an option for funding the
LINK. He stated that the Retail Merchants Association
conducted a survey of businesses on Midlothian Turnpike
several years ago that indicated a majority of businesses did
not support having LINK come into the county. He further
stated that funding of the LINK does not conclude until June
30, 2003, and it is possible GRTC might be able to streamline
its operations more efficiently and do things on their own to
continue the service.
Mr. Barber stated that the Retail Merchants Association has
suggested conducting a new survey to update information
relative to businesses' support of the LINK.
Mr. Miller stated that he would not support any creative ways
of using taxpayer dollars to support the LINK.
After brief discussion, Mr. Warren made a motion, seconded by
Mr. Barber, for the Board to continue dialogues with the
business community for the purpose of determining alternative
funding for the LINK.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: Miller.
Mr. McHale noted that the CDBG funding request for the
Harrowgate Elementary Parent Center is being addressed by the
Schools, and expressed appreciation to Dr. Cannaday for
handling the issue. He expressed concerns relative to
increased assessments and stated that he feels we should be
planning to set aside funds, pending audit results, to
address a mid-year real estate tax rate reduction.
Mr. Miller stated that he concurs with Mr. McHale and feels
it is the Board's obligation to be exemplary stewards of the
public's trust, indicating that he feels there should be a
way to provide a one-cent real estate tax rate reduction.
Mr. Warren stated that the state's budget reductions have
impacted the county's budget, and although he has supported a
tax rate decrease in the past, does not feel the county is in
a position to do so this year.
Mr. Barber stated that he has never been fond of a one-cent
tax decrease because it has not made much of a difference to
the average family. He further stated that he feels making a
difference in the Tax Relief for the Elderly Program is a
step in the right direction to providing tax relief where it
is most meaningful.
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7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. BUDGET ITEMS
8.A.1. TO CONSIDER ORDINANCE AMENDMENTS RELATING TO BUILDING
INSPECTION FEES
Ms. Dickson stated that the Board held a public hearing on
March 26, 2003 relating to building inspection fees. She
further stated that staff recommends adoption of the proposed
ordinance.
On motion of Mrs. Humphrey, seconded by Mr. Miller, 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 5-5 RELATING TO
BUILDING PERMIT FEES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 5-5 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 5-5. Permit fees.
(a) Generally. Except as provided in this section, every
applicant for a building permit must pay the fees set forth
in this section before the building official issues a
building permit, as required by the Virginia Uniform
Statewide Building Code. If an applicant makes a change in
the scope of work, a permit amendment is required and
additional fees may be assessed in accordance with this
section.
(b) Fees shall be charged in accordance with the following
schedule:
(1) General fees:
ao
State levy: The Commonwealth of Virginia imposes a
state levy on all permit fees to fund the state's
continuing education and training program for
building inspection. Ail applicants shall be
charged the state levy at the same rate charged to
the county by the state.
b. Administrative fees:
Change in construction plans and/or setbacks.
$40.00
(1)
If the amendment results in a change in
the scope of work, additional permit fees
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(2)
may be assessed in accordance with this
section.
(2)
Change in contractor or lien agent,
extensions, take-overs, transfers,
reinstatements, and permits for CO
purposes. $40.00
(3)
Footing and foundation permits: available
for permit holders accepting risk to
commence with footing/foundation
construction prior to building permit
approval ..... $40.00
(4)
Change of use or change of occupancy (no
work being done) .... $50.00
(5)
Credit card fees. Ail applicants who pay
fees by credit card shall pay the credit
card company's charge for use of the
card, in addition to the permit fee.
c. Code investigation fees:
Residential: 25 percent of applicable permit
fee, or $25.00, which ever is greater.
ii.
Commercial: 25 percent of applicable permit
fee, or $50.00, which ever is greater.
d. Reinspection fees: . . . $40.00
e o
Refund requests: Refunds shall be allowed only in
cases where construction was not started and shall
be as follows:
Residential: 25 percent of applicable permit
fee, or $40.00, which ever is greater.
ii.
Commercial: 25 percent of applicable permit
fee, or $100.00, which ever is greater.
iii. Environmental engineering fees and state levy
are not refundable.
f. Temporary certificates of occupancy and renewals:
i. Residential building permits
$4O.00
ii. Commercial building permits: . . . $100.00
(1)
"Tenant upfit# permits, where work is
incomplete under the "shell" permit.
.No charge.
Residential building permits:
a. Single-family dwellings
$480.00
b. Modular/manufactured/mobile homes:
Industrialized buildings, modular homes
(without a permanent chassis). $200.00
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do
ii. Mobile and manufactured homes on private
property $80.00
iii. Mobile and manufactured homes in a mobile home
park $40.00
Additions and other accessory structures:
i.
ii.
Florida rooms, attached garages, detached
garages with occupiable space $240.00
Detached garages (no second floor occupiable
space, double-door car shed and finished pool
house) $200.00
iii. Alterations, and converting deck/porch/garage
to finished space $120.00
iv. Porch and chimney additions
$120.00
Deck, carport, gazebo, dormers, greenhouse,
handicapped ramp, unheated pool house,
retaining wall, and boat dock with roof.
SS0.00
vi. Sheds:
Greater than 150 square feet including prefab
sheds on skids and pole sheds $80.00
Less than 150 square feet and costing less
than $500 in materials and labor No
permit required
vii. Other additions
Renovations and repairs:
$280.00
i. Renovation, alteration or conversion:
(1)
Resulting in a change in use of square
footage. Unfinished space to finished
space (with no new footings) $80.00
ii.
(2)
Resulting in no change in use of square
footage, where a rough-in inspection is
required .$80.00
Exterior renovation and storm damage repairs
$40.00
iii. Chimney relining
$40.00
iV.
Fire damage repair permits: shall be based
upon the most similar permit fee and shall be
a minimum fee of $80.00
v. Floor joist and foundation repair
Other residential permits:
$40.00
03-2~1
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(3)
Residential foundation pour inspections
$335.00
(1)
(2)
Additional fee if concrete testing is
required because out-of-specification
concrete is used $100.00
(3)
Additional fee for reinspection when
inspector is present and the concrete
pour has been canceled or delayed in
excess of one hour $100.00
As an alternative to the county's
foundation pour inspection, the building
official may accept inspection reports
from qualified, independent engineers who
are approved and reliable.
ii.
Swimming pools (above and in-ground)
$40.00
iii. Pool barrier fences (if permitted separately
from pool) $40.00
iv. Relocation (house moving)
v. Demolition $40.00
$160.00
vi. Elevator and wheelchair lift
Residential auxiliary permits:
$40.00
a. Electrical:
i. New single-family dwellings
$120.00
ii.
Industrialized building (modular home)
$80.00
iii. Additions, renovations, and conversions:
(1)
Where rough-in inspection is required
$80.00
(2) Where rough-in inspection is pre-
existing. .$40.00
iv.
Temporary poles, relocation, service change,
installation, replacements, repairs
$40.00
Mobile or manufactured homes on private
property $40.00
vi.
Mobile or manufactured homes in a mobile home
park (hook-ups only) No fee
Gas:
i. Natural gas - all new installation:
(1) Gas piping, propane tank and/or product
line .$80.00
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04/09/03
(2) Gas piping to appliances only
$40.00
(3) Propane tank and/or product line only
$40.00
ii. Repairs or replacement with like appliance
$40.00
c. Mechanical:
i. Heating, venting and air conditioning (HVAC):
(1) New system installation $80.00
(2) System replacement with new ductwork
$80.00
3) System replacement without new ductwork
$40.00
ii. Woodstove installation $40.00
iii. Fuel tank installation and/or removal
$40.00
d. Plumbing:
i. New residential single-family dwelling, condo,
townhouse, and duplex (per unit) $160.00
ii. Industrialized building (modular homes)
$80.00
iii. Addition, renovation and conversion:
Where rough-in inspection is required
$80.00
Where rough-in inspection is pre-existing
$40.00
iv. Mobile or manufactured homes on private
property $40.00
e. Boiler, fire and well (each single-family dwelling)
$4O.00
Commercial building permits:
a. New construction:
i. Fee for each $1,000 or fraction thereof of the
estimated construction cost $6.20
ii. Minimum fee $250.00
b. Additions:
i. Fee for each $1,000 or fraction there of the
ii.
estimated construction cost
Minimum fee $150.00
03-243
$6.20
04/09/03
(5)
do
ho
Tenant upfits, re-roofs, pavilions, concrete slab,
elevator, escalator, wheelchair lift and accessory
structures, repairs and renovations:
i. Estimated cost of $2,000 or less $100.00
ii. Fee for each additional $1,000 or fraction
thereof of the estimated construction cost
above $2,000 $6.20
$200.00
Communication tower
Retaining wall $100.00
Tents (greater than 900 square feet)
$40.00
Construction/classroom/office trailer installation
or relocation $50.00
Signs:
i.
ii.
Estimated cost of $2,000 or less
$50.00
Fee for each additional $1,000 or fraction
thereof of the estimated construction cost
$5.50
Commercial swimming pools:
i.
ii.
Estimated cost of $2,000 or less
$150.00
Fee for each additional $1,000 or fraction
thereof of the estimated construction cost
$5.50
iii. Barrier permit, if permitted separately from
the swimming pool permit $50.00
Flag poles and tents (greater than 900 square feet)
$40.00
k. Satellite dish $100.00
1. Demolition of a commercial structure
Commercial auxiliary permits:
a.
bo
$100.00
Electrical, mechanical, plumbing, gas, active solar
system, boiler, and well permits, when the cost of
labor and materials for installation, alteration,
replacement and/or repair is (rounded up to the
nearest dollar):
i. $1,000 or less
$50.OO
ii.
For each additional $1,000 or fraction
thereof, of the estimated cost over $1,000
$5.50
Fire/sprinkler and alarm installations,
alterations, replacement and/or repairs when the
cost of labor and materials is:
03 -244,
0~/09/03
i. $1,000 or less $50.00
(6)
ii.
For each additional $1,000 or fraction
thereof, of the estimated costs over $1,000
6.20
Other commercial permits:
so
Annual certificate of compliance for elevators,
escalators (per floor), dumbwaiters and man lifts,
payable on or before December 31st for the
following year $40.00
b. Amusement devices:
i. Administrative amusement permit, where no
inspections are required $10.00
ii. Kiddie rides - Type A
iii. Kiddie rides - Type B
$10.00
iv. Major rides $25.00
$15.00
v. Spectacular rides
(7) Fee exemptions:
$45.00
(c)
so
A building permit fee will not be required where
the cost of construction is less than $500.00 and
would not require securing any permit for
electrical, gas, mechanical or plumbing work in
accordance with Section 107 of the Virginia Uniform
Statewide Building Code.
bo
A building permit fee will not be required for the
construction of buildings designed and used as a
place of worship.
C ·
A building permit fee will not be required for
building permits for construction by county
departments funded by the general fund.
A building or auxiliary permit fee will not be
charged for commercial construction located in an
"enterprise zone" as designated by the Commonwealth
of Virginia and administered by the Chesterfield
County Block Grant Office. This exemption shall
continue for the life of the enterprise zone.
Disposition of fees. Ail permit fees required by this
section shall be paid by the applicant to the county
treasurer when the permit application is filed with the
building official. The treasurer shall deposit all
permit fees in the county's general fund.
(2)
That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-245
04/09/03
8.A.2. TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO THE
DEPARTMENT OF ENVIRONMENTAL ENGINEERING FEES
Ms. Dickson stated that the Board held a public hearing on
March 26, 2003 relating to environmental engineering fees.
She further stated that staff recommends adoption of the
proposed ordinance.
On motion of Mrs. Humphrey, seconded by Mr. Miller, 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 8-13
RELATING TO EROSION CONTROL FEES
BE IT ORDAINED by the Board of Supervisors of
Chesterfield County:
(1) That Section 8-13 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 8-13. Fees.
(a) The applicant shall pay a program administration
fee to the county at the time that he submits to the
environmental engineer an erosion and sediment control plan.
The amount of the fee shall be:
(i)
For an erosion and sediment control plan for
land which is 10,000 square feet or larger and
not located in a proposed subdivision:
$1,060.00, plus $50.00 for each acre of land
to be disturbed.
(ii) For an erosion and sediment control plan for
land which is 10,000 square feet or larger and
located in a proposed subdivision: $1,060.00,
plus $50.00 for each lot.
(iii) For an erosion and sediment control plan for
land which is less than 10,000 square feet and
is not to be used for a single-family
residence: $100.00.
(iv) For any building permit application or erosion
and sediment control plan for land which is
less than 10,000 square fee and is to be used
for a single-family residence, separately
built or any amendment thereto that changes
the proposed building footprint from that of
the initial submission: $40.00.
(v)
For resubmission of all or part of an erosion
and sediment control plan for a subdivision or
residential development for which plan
approval has previously been granted, there
shall be a fee of $1,000.00 unless the
resubmittal was requested by or on behalf of
the County.
o o o
03-2&6
04/09/03
(2)
That this ordinance shall become effective on July 1,
2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.A.3. TO CONSIDER ORDINANCE AMENDMENTS RELATING TO THE
DEPARTMENT OF UTILITIES FEE CHANGES
Ms. Dickson stated that the Board held a public hearing on
March 26, 2003 relating to utilities fee changes. She
further stated that staff recommends adoption of the proposed
ordinance.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY
A_MENDING AND RE-ENACTING SECTION 18-22
RELATING TO WATER CONNECTION FEES
BE IT ORDAINED
Chesterfield County:
by the Board of
Supervisors of
(1) That Section 18-22 of
Chesterfield, 1997, as amended,
read as follows:
the Code of the County of
is amended and re-enacted to
Sec. 18-22. Connection fees.
o o o
(b) The capital cost recovery charge shall be:
Capital cost Recovery Charge
Customer Class
Meter Number
Size of ERU's
(inches) per Unit
Water
Wastewater
(i) For a dwelling, 5/8
single-family,
including townhouses,
mobile homes that are
not located in a
mobile home park, and
individually metered
multi-family dwelling
units.
1.00 $ 3,592.00 $ 1,465.00
(ii) For a dwelling, two- 5/8
family (per unit)
1.00 3,592.00 1,465.00
(iii) For mobile homes that
are located in a mobile
home park and for
master metered
multiple-family
dwellings (per unit)
0.85 3,053.00 1,245.00
03-247
04/09/03
(iv) For all other customer 5/8
classes
1
1.00 3,592.00
2.50 8,980.00
1,465 00
3,663 00
1-1/2 5.00 17,960.00
7,325 00
8.00 28,736.00 11,720 00
16 00 57,472.00 23,440 00
25 00 89,800.00 36,625 00
50 00 179,600.00 73,250 00
80 00 287,360.00 117,200 00
10
115 00 413,080.00 168,475 00
12
155 00 556,760.00 227,075 00
The capital cost recovery charge for meters that are larger
than 12 inches shall be determined by the director based on
the number of ERU's per unit.
(v)
The capital cost recovery charge for a dwelling that is
served by a meter that is larger than five-eighths inch
shall be the same capital cost recovery charge in
subsection (b) (iv).
o o o
Sec. 18-27. Utility charges.
Effective January 1, 1999, the consumer shall pay
charges for utility service in accordance with the following
schedules:
(a) Monthly service charges.
charge shall be:
The monthly
service
(1)
Customer cost charge. A customer cost charge
of $0.99 for each service account. However,
customers who have only a water account or a
wastewater account shall pay a customer cost
charge of $1.98.
(2) Commodity cost charge.
(i) Water: $1.24 per 100 cubic feet (Ccf).
(ii) Wastewater: $1.31 per 100 cubic feet
(Ccf).
(2)
That this ordinance shall become effective July 1,
2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.A.&. TO CONSIDER ORDINANCE AMENDMENTS RELATING TO PLANNING
DEPARTMENT FEE CHANGES
Ms. Dickson stated that the Board held a public hearing on
March 26, 2003 relating to Planning Department fee changes.
She further stated that staff recommends approval of the
03-248
04/09/03
amendments with changes as presented and is requesting that
the Board direct the Planning Commission to hold a public
hearing and make a recommendation no later than May 20, 2003
relative to Board of Zoning Appeals fees.
On motion of Mr. Warren, 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 AMENDING AND RE-ENACTING
SECTIONS 17-11, 19-25 AND 19-279 RELATING TO APPLICATION FEES
FOR SUBDIVISION, ZONING, SITE PLAN AND OTHER PLANNING
APPROVALS
BE IT ORDAINED
Chesterfield County:
by the Board of Supervisors of
(1)
That Sections 17-11, 19-25 and 19-279 of the Code
of the County of Chesterfield, 1997, as amended,
are amended and re-enacted to read as follows:
Sec. 17-11. Fees.
The fees for processing subdivisions by the county shall
be payable upon submission of the plats to the county for
tentative or final approval and shall be equal to the
following:
(a)
Tentative subdivision approval, or resubmittal of
an expired previously approved tentative:
(1) Original submittal, including up to two
resubmittals $330.00
Plus, per lot
20.00
(2)
Renewal of previously approved tentative,
including up to two resubmittals in accordance
with provisions of section 17-32 330.00
Plus, per lot
20.00
(b)
(3)
(4)
Third and subsequent submittal for
(2), per submittal 220.00
(1) and
Substitute to approved tentative, per
submittal 60.00
(5)
Adjusted tentative for previously approved
tentative, including up to two resubmittals
330.00
Plus, per lot 20.00
Third and subsequent submittal, per submittal
220.00
Final check, amended and resubdivision plat review:
(1)
Final check subdivision plat review
720.00
03-249
04/09/03
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(2)
(3)
(Only one base fee will be required for final
check plats required to be submitted in
multiple sections due to provisions of section
17-42.)
Plus, per lot 10.00
Final check resubdivision plat review
560.00
Plus, per lot 10.00
Final check amended plat review 330.00
Plus, per lot 10.00
330.00
Minor subdivision plat review
Residential parcel subdivision, per parcel
35.00
Parcel line modification review, per parcel
25.00
Appeal of decision of director of planning
290.00
system soils analysis
155.00
Onsite sewage disposal
review, per lot/parcel
Request by applicant to defer Planning Commission
consideration of plat, per request:
(1) 40 or fewer days 250.00
(2) More than 40 days 150.00
Request by applicant for engineering department to
transfer to electronic format such non-electronic
information for townhouse projects regarding
contours, boundaries of impervious areas and
delineation of storm sewer lines as set forth in §
17-32(d). $75.00
Alternatives to chapter per section 17-8
380.00
Plus any applicable plat review fee
O O O
Sec. 19-25. Fees.
The following fees, which include the costs of hearings,
advertisements and notices when required, shall be deposited
simultaneously with the filing of the application:
(a) Zoning reclassification:
(1) Without conditional use planned development:
a. Rezoning to R, R-TH, R-MF, MH or A
classification 2,800.00
03-250
04/09/03
(2)
(3)
Plus, per acre for the first 200 acres
95.00
Plus, per acre over 200 acres
45.00
Rezoning to 0, I, or C classification
1,440.00
Plus, per acre for the first 200 acres
50.00
Plus, per acre over 200 acres
With conditional use planned development:
a.
bo
20.00
Rezoning for any R, R-TH, R-MF, MH or A
use 5,100.00
Plus, per acre for the first 200 acres
95.OO
Plus, per acre over 200 acres
45.00
Rezoning for any O, I, or C use
2,530.00
Plus, per acre for the first 200 acres
60.00
Plus, per acre over 200 acres
20.00
No applicant for a zoning reclassification for
any office, commercial or industrial use
within an enterprise zone designated by the
Commonwealth of Virginia shall be required to
pay a fee, provided the director of planning
determines that the request is in compliance
with the comprehensive plan. This exemption
shall continue for the life of the Enterprise
Zone. z
The fee exemption for the Jefferson Davis
Highway Enterprise Zone expires on December
31, 2014. The fee exemption for the Walthall
Enterprise Zone expires on December 31, 2016.
(b) Conditional uses and manufactured home permits:
(1) Manufactured home permits:
a. New 550.00
b. Renewal
250.00
(2) Family day care homes:
so
Existing zoning R, R-TH, R-MF, MH or A
classification 250.00
Existing zoning O, I, or C classification
230.00
(3) Planned development:
03-251
04/09/03
(5)
a. Without zoning reclassification:
(i) Any request for R, R-TH, R-MF, MH or
A uses 4,500.00
Plus, per acre 45.00
(ii) Any request for O, I, or C uses
2,260.00
Plus, per acre 10.00
b. With zoning reclassification:
(i) Rezoning for any R, R-TH, R-MF, MH
or A use 5,100.00
Plus, per acre for the first 200
acres 95.00
Plus, per acre over 200 acres
45.00
(ii) Rezoning for any O, I, or C use
2,530.00
Plus, per acre for the first 200
acres 60.00
Plus, per acre over 200 acres
20.00
c. Amend condition of planned development to
include a condition of a textual
statement, per first two conditions:
(i) Any request for R, R-TH, R-MF, MH or
A uses 2,800.00
Each additional condition thereafter
700.00
(ii) Any re~aest for O, I, or C uses
1,440.00
Each additional condition thereafter
360.00
All others:
a. Any request for R, R-TH, R-MF, MH or A
uses 2,200.00
Plus, per acre 95.00
b. Any request for O, I or C uses
1,130.00
Plus, per acre 30.00
No applicant for a conditional use or planned
development for any office, commercial or
industrial use within an enterprise zone
designated by the Commonwealth of Virginia
shall be required to pay a fee, provided the
director of planning determines that the
03-252
0~/09/03
(c)
(d)
(e)
(f)
request is in compliance with the
comprehensive plan. This exemption shall
continue for the life of the enterprise zone.
2The fee exemption for the Jefferson Davis
Highway Enterprise Zone expires on December
31, 2014. The fee exemption for the Walthall
Enterprise Zone expires on December 31, 2016.
Amend condition of zoning, other than condition of
planned development:
(1) Per first two conditions:
so
Any request for R, R-TH, R-MF, MH or A
uses 2,800.00
Each additional condition thereafter
700.00
bo
Any request for 0, I or C uses
.1,440.00
Each additional condition thereafter
360.00
(2)
No applicant seeking to amend a condition of
zoning for any office, commercial or
industrial use within an enterprise zone
designated by the Commonwealth of Virginia
shall be required to pay a fee, provided the
director of planning determines that the
request is in compliance with the
comprehensive plan. This exemption shall
continue for the life of the enterprise zone.
3The fee exemption for the Jefferson Davis
Highway Enterprise Zone expires on December
31, 2014. The fee exemption for the Walthall
Enterprise Zone expires on December 31, 2016.
Special exceptions:
(i)
Manufactured home, temporary:
a. New 550.00
b. Renewal 250.00
(2) Ail others 1,250.00
Plus, per acre
30.00
Amend condition of special exception:
(1) Per first two conditions
400.00
(2) Each condition thereafter
100.00
Variances, setback, request to BZA:
(1)
Variance for first ordinance section or
subsection varied from 250.00
(2)
Each additional ordinance section or
subsection varied from 150.00
03-253
04/09/03
(g) Variances, administrative:
(h)
(±)
(1) Variance for first ordinance section or
subsection varied from 250.00
(2) Each additional ordinance section or
subsection varied from 150.00
Variances, all other:
(1) Variance for first ordinance section or
subsection varied from 600.00
(2) Each additional ordinance section or
subsection varied from 150.00
Appeal to board of zoning appeals pursuant to
section 19-21 500.00
(j) Building and sign permit review:
(k)
(1)
Any building permit application for a new
single family dwelling or for each unit of a
new two-family dwelling 25.00
(2) Sign Permits:
Temporary signs, as permitted by article
IV of the development standards manual
60.00
Ail other signs for
permits are required
which building
100.00
No business located within an enterprise
zone designated by the Commonwealth of
Virginia shall be required to pay a fee
in order to obtain a sign permit. This
exemption shall continue for the life of
the enterprise zone.
4The fee exemption for the Jefferson
Davis Highway Enterprise Zone expires on
December 31, 2014. The fee exemption for
the Walthall Enterprise Zone expires on
December 31, 2016.
Substantial accord determinations:
(i)
Existing zoning
classification:
R, R-TH, R-MF, MI{ or A
a. Planning commission hearing
3,100.00
b. Administrative determination
450.00
(2) Existing zoning O, I or C classification:
a. Planning commission hearing
1,540.00
b. Administrative determination
240.00
03-254
04/09/03
(i)
(m)
No applicant for substantial accord
determination for any office, commercial or
industrial use within an enterprise zone
designated by the Commonwealth of Virginia
shall be required to pay a fee, provided the
director of planning determines that the
request is in compliance with the
comprehensive plan. This exemption shall
continue for the life of the enterprise zone.5
5The fee exemption for the Jefferson Davis
Highway Enterprise Zone expires on December
31, 2014. The fee exemption for the Walthall
Enterprise Zone expires on December 31, 2016.
Modifications
requirements:
to development standards and
(i)
Any request for R, R-TH, R-MF, MH or A uses
300.00
(2) Any request for O, I or C uses
240.00
Deferral/remand
request:
requests by the applicant, per
(1) Remand request to planning commission:
Any request for R, R-TH, R-MF, MI{ or A
uses 50 percent of original case
fee
Any request for O, I, or C uses
fee
No
(2) Deferral of 40 or fewer days:
Rezoning, substantial accord, conditional
use, CUPD or special exception:
Any request for R, R-TH, R-MF, MH or
A uses 500.00
ii.
Any request for O, I, or C uses
230.00
Modification to development standards,
variance or appeal decisions to the BZA:
Any request for R, R-TH, R-MF, MH or
A uses 250.00
ii.
Any request for O, I, or C uses
230.00
(3) Deferrals of more than 40 days:
so
Rezoning, substantial accord, conditional
use, CUPD or special exception:
Any request for R, R-TH, R-MF, MH or
A uses 250.00
ii.
Any request for O, I, or C uses
130.00
03-255
04/09/03
bo
Modification to development standards,
variance or appeal decisions to the BZA:
Any request for R, R-TH, R-IfF, MH or
A uses 150.00
ii.
Any request for O, I, or C uses
130.00
No applicant requesting a deferral shall be
required to pay a fee for the deferral if he
was not charged a fee for his application.
This exemption shall continue for the life of
the enterprise zone.
6The fee exemption for the Jefferson Davis
Highway Enterprise Zone expires on December
31, 2014. The fee exemption for the Walthall
Enterprise Zone expires on December 31, 2016.
o o o
Sec. 19-279. Fees.
In addition to any other fees required by the county,
fees shall be payable to the county treasurer and submitted
to the planning department upon filing as follows:
(a) Site plan:
(1)
Original submittal for non-residential uses,
including up to two resubmittals $860.00
Plus, per acre
60.00
(2) Third and subsequent resubmittals for non-
residential uses, per resubmittal 290.00
(3)
Adjustment to approved site plan for non-
residential uses, per submittal or resubmittal
290.00
(4)
No business located within an enterprise zone
designated by the Commonwealth of Virginia
shall be required to pay any of the fees
described in subsections (a) (1) through (a) (3)
above. This exemption shall continue for the
life of the enterprise zone.
1The fee exemption for the Jefferson Davis
Highway Enterprise Zone expires on December
31, 2014. The fee exemption for the Walthall
Enterprise Zone expires on December 31, 2016.
(5)
Original submittal for residential uses,
including up to two resubmittals .1,400.00
Plus, per acre
.90.00
(6)
Third and subsequent resubmittals for
residential uses, per submittal .480.00
(7)
Adjustment to approved site plan for
residential uses, per submittal or resubmittal
.480.00
03-256
04/09/03
(b)
(c)
(1)
(2)
(3)
(4)
Schematic plan for non-residential uses
1,080.00
Plus, per acre for the first 50 acres
50.00
Plus, per acre over 50 acres 20.00
Amendment of approved schematic plan for non-
residential uses 240.00
Schematic plan for residential uses
1,800.00
Plus, per acre for the first 50 acres
70.00
Plus, per acre over 50 acres 40.00
Amendment of approved schematic plan for
residential uses 380.00
Appeal of decision of director of planning
(1) For non-residential uses 240.00
(2) For residential uses 380.00
(d) Request by applicant to defer planning commission
consideration of plan, per request:
(1) For non-residential uses:
a. 40 or fewer days 230.00
b. More than 40 days 130.00
(2) For residential uses:
a. 40 or fewer days 250.00
b. More than 40 days 150.00
(e) Request by applicant for environmental engineering
department to transfer to electronic format such
non-electronic information regarding contours,
boundaries of impervious areas and delineation of
storm sewer lines as set forth in § 19-264.
$75.00
(2) That this ordinance shall become effective July 1,
2003.
And, further, the Board set the date of May 28, 2003 at 7:00
p.m. for a public hearing to consider ordinance amendments
relative to Board of Zoning Appeals fees.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-9-57
04/09/03
8.A.6. TO CONSIDER AN ORDINANCE TO ESTABLISH AN A~-NUAL TAx
LEVY ON VARIOUS CLASSES OF ~AL ESTATE. AND PERSON~T.
PROPERTY
Ms. Dickson stated that the Board held a public hearing on
March 26, 2003 to consider an ordinance to establish an
annual tax levy on various classes of property for the County
of Chesterfield.
On the motion of Mr. Barber, seconded by Mrs. Humphrey, the
Board adopted the following ordinance to establish the annual
tax levy on various classes of real estate and personal
property for the county:
AN ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY
ON VARIOUS CLASSES OF PROPERTY FOR THE
COUNTY OF CHESTERFIELD
BE IT ORDAINED by the Board of Supervisors of the County
of Chesterfield that for the year beginning on the first day
of January, 2003, and ending on the thirty-first day of
December, 2003, the taxes on property in all the Magisterial
Districts of the County of Chesterfield shall be as follows:
Sec. 1. Real Property and Mobile Homes.
On tracts of land, lots or improvements thereon and on
mobile homes the tax shall be $1.07 on every $100 of assessed
value thereof.
Sec. 2. Personal Property.
(a) On automobiles, trailers, boats, boat trailers,
other motor vehicles and on all tangible personal property
used or held in connection with any mining, manufacturing or
other business, trade, occupation or profession, including
furnishings, furniture and appliances in rental units, the
tax shall be $3.60 on every $100 of the assessed value
thereof.
(b) On aircraft as defined by Section 58.1-3503 and
-3506 of the Code of Virginia, 1950, as amended, the tax
shall be $.50 on every $100 of the assessed value thereof.
(c) On motor vehicles owned or leased by members of
volunteer rescue squads, volunteer fire departments,
volunteer police chaplains and by auxiliary police officers
as provided in Section 9-57, Code of the County of
Chesterfield, 1997, as amended, the tax shall be $.96 on
every $100 of the assessed value thereof.
(d) On wild or exotic animals as defined by Section
58.1-3506 of the Code of Virginia, 1950, as amended, the tax
shall be $0.01 on every $100 of the assessed value thereof.
(e) On motor vehicles, which use clean special fuels as
defined in Section 58.1-2101 of the Code of Virginia, 1950,
as amended, the tax shall be $3.24 on every $100 of the
assessed value thereof.
(f) On motor vehicles, trailers, and semitrailers with
a gross vehicle weight of 10,000 pounds or more used to
transport property for hire by a motor carrier engaged in
03-258
04/09/03
interstate commerce, the tax shall be $.96 on every .$100 of
the assessed value thereof.
Sec. 3. Public Service Corporation Property.
(a) On that portion of real estate and tangible
personal property of public service corporations, which has
been equalized as provided in Section 58.1-2604 of the Code
of Virginia, 1950, as amended, the tax shall be $1.07 on
every $100 of the assessed value thereof determined by the
State Corporation Commission.
(b) The foregoing subsections to the contrary
notwithstanding, on automobiles and trucks belonging to such
public service corporations the tax shall be $3.60 on every
$100 of assessed value thereof.
Sec. 4. Machinery and Tools.
On machinery and tools used in a manufacturing or mining
business the tax shall be $1.00 on every $100 assessed value
thereof.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8 .A.7 ·
TO CONSIDER THE PROPOSED FY2004-2010 CAPITAL
IMPROVEMENT PRO~RAM
Ms. Dickson stated that the Board held a public hearing on
March 26, 2003 to consider the proposed FY2004-2010 Capital
Improvement Program (CIP). She further stated that staff is
requesting that the CIP, with changes as presented during the
work session, be approved as well as the changes presented to
the current year CIP.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
approved the FY2004-2010 Capital Improvement Program, as
amended.
And, further, the Board approved the recommended changes to
the current FY2003 Capital Improvement Program.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren recognized Dr. Cannaday and expressed appreciation
to the School Board and School staff for addressing the
difficult issue of constructing two smaller high schools
rather than one large high school.
8.A.8. TO CONSIDER Tw~. COUNTY'S FY2004 COMMUNITY DEVELOPMENT
BLOCK GRANT AND HOME ANNUAL PLAN
Ms. Dickson stated that the Board held a public hearing on
March 26, 2003 to consider the proposed FY2004 Community
Development Block Grant (CDBG) and HOME Annual Plan. She
further stated that staff recommends adoption of the Plan
with changes as presented.
03-259
04/09/03
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the county's FY2004 Community Development Block Grant
and HOME Annual Plan, as amended.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.A.9.
TO CONSIDER THE PROPOSED FY2003-2004 BI~NN_.IAT.
FINANCIAL PLAN
Ms. Dickson stated that the Board held a public hearing on
March 26, 2003 to consider the proposed FY2003-2004 Biennial
Financial Plan. She further stated that staff recommends
adoption of the Plan with changes as presented.
Mr. Warren made a motion for the Board to remove the Northern
Area Plan Update from the priority list of the Planning
Department's FY2004 work plan in the FY2003-2004 Biennial
Financial Plan for separate vote.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
approved the FY2003-2004 Biennial Financial Plan, as amended,
excluding the Northern Area Plan update.
And, further, the Board set the date of May 28, 2003 at 7:00
p.m. for a public hearing to consider ordinance amendments to
the Tax Relief for the Elderly Program.
Ayes: Warren, McHale, Barber, Humphrey and McHale.
Nays: None.
Mr. Warren made a motion, seconded by Mrs. Humphrey, for the
funding recommended for the Northern Area Plan to be used for
a market analysis prior to any development of a plan.
After brief discussion, Mr. Barber made a substitute motion,
seconded by Mrs. Humphrey, for the Northern Area Plan update
to remain a priority in the Planning Department's FY2004 work
agenda.
Ayes: McHale, Barber, Humphrey and McHale.
Nays: Warren.
8.A.10. ADOPTION OF RESOLUTION TO APPROPRIATE FUNDS FOR
FISCAL YEAR 2003-2004
Ms. Dickson stated that staff requests that the Board adopt
the FY2003-2004 Appropriations Resolution which would
incorporate the approved changes.
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted the following resolution:
A RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS
FROM DESIGNATED ESTIMATED REVENUES FOR FY2004 FOR THE
OPERATING BUDGET AND THE CAPITAL IMPROVEMENTS PROGRAM FOR THE
COUNTY OF CHESTERFIELD, VIRGINIA
03-260
04/09/03
BE IT HEREBY RESOLVED by the Board of Supervisors of the
County of Chesterfield:
That for the fiscal year beginning on the first day of July,
2003, and ending on the thirtieth day of June, 2004, the
following sections shall be adopted:
The following designated funds and accounts shall be appropriated from the designated
estimated revenues to operate and to provide a capital improvements program for the
County: It is the intent of the Board of Supervisors that general property taxes levied on
January 1, 2003 and due December 5, 2003 be appropriated for FY2004.
General Fund
Estimated Revenue:
From Local Sources:
General Property Taxes
Other Local Taxes
Licenses, Permits, Fees
Fines, Forfeitures and Uses of Money & Property
Service Charges
Miscellaneous and Recovered Costs
$249
75
8
4
2C
From Other Agencies:
State and Federal
109
Other Financing Sources:
Reserves
Transfer from County Capital Projects
Transfer from Water Operating Fund
Anticipated Fund Balance 7/1/03
Total Revenues
1
36
617
Appropriations:
General Government
Administration of Justice
Public Safety
Public Works
Health and Welfare
Parks, Rec., Cultural
Community Development
Debt Service
Operating Transfers
Reserves
Ending Fund Balance, 6/30/2004*
Total General Fund:
$32
5
99
14
42
16
10
13
251
954
*This includes encumbrances carried forward in all funds not to
exceed $10 million. (See "Section 5")
Comprehensive Services Fund
Estimated Revenue:
Reimbursement, Colonial Heights
State Aid, Comprehensive Services
State, Miscellaneous
Transfer from Social Services
Transfer from Schools
Transfer from General Fund
Total Revenue
883
999
Appropriations:
Operating Expenses
Total Appropriations
$6,033,80
03-261
04/09/03
School Operating Fund
Estimated Revenue:
Local Sources
State
Federal
Transfer from School CIP
Use of Reserve
Transfer from School Operating
Transfer from School Food Service
Transfer from General Fund:
State Sales Tax
Local Taxes
Prior Year Revenue
Grounds Maintenance
Total General Fund
Beginning Balance
Total Revenues, Transfers & Reserves
Appropriations:
Instruction
Administration A./H.
Pupil Transportation
Operations & Maintenance
Debt Service
Food Service
Grounds Maintenance
Total Appropriations
School Capital Projects Fund
Estimated Revenue:
Bond Proceeds
Interest Earnings
State Construction Allocation
Total Revenue School Capital Projects Fund
Appropriations:
Transfer to School Operating Fund
School Projects
Total Appropriations School Capital Projects Fund
County Grants Fund:
Estimated Revenue:
From Other Governments
From the General Fund
Total Revenue
Appropriations:
Commonwealth Attorney - Drug Court
Community Corrections Services
Domestic Violence Resource Center
Options
Pretrial
Post Thai
Targeted Capacity Expansion Grant
Community Development Block Grant
Domestic Violence Victim Advocate (V-STOP)
Famih'es First
Fire FEMA Turnout Gear
Litter Grant
Police Domestic Violence Coordinator
Police - Domestic Violence Prosecutor
Police - School Resource Officers
USDA Juvenile Detention Grant
03-262
$15,473,500
153,214,900
20,449,700
620,900
308,200
600,800
552,600
35,155,400
184,757,800
2,998,000
1,502,400
$224,413,600
1,365,000
$416,999,200
$289,178,316
15,199,982
14,978,381
41,790,521
39,384,800
14,964,800
1,502,400
$416,999,200
$14,341,600
620,900
793,000
$15,755,500
$620,900
15,134,600
$15,755,500
$5,913,000
1,35,9,200
$7,272,200
502,000
74,000
61,500
327,4OO
1,546,400
299,800
2,050,500
42,800
346,300
77,500
27,200
76,800
04/09/03
Coun~CIP Fund
Victim/Witness Assistance
VJCCCA
Total Appropriations
359
Estimated Revenue:
Lease/Purchase Proceeds
Interest Earnings
Transfer from General Fund
Transfer from Utilities
Transfer from Cash Proffers
State Grants/Reimbursements
Total Revenue
Appropriations:
County Capital Projects
Transfer to the General Fund
Total County CIP Funds
Coun _ty Maintenance Projects Fund
Estimated Revenue:
Transfer from General fund
Total Revenue
Appropriations:
County Maintenance Projects
Total County Maintenance Projects
Cash Proffer Fund
Estimated Revenue:
Cash Proffers
Total Revenues
Appropriations:
Reimbursement
Transfer to County Capital Projects Fund
Total Appropriations
Vehicle and Communications Maintenance
Estimated Revenue:
Fleet Management Charges
Radio Shop Charges
Total Revenue
Appropriations:
Fleet Management Charges
Radio Shop Charges
Total Appropriations
Construction Management Fund
Estimated Revenue:
Reimbursement for Services
Total Revenue
Appropriations:
Construction Management Operations
Total Appropriations
Risk Management Fund
Estimated Revenue:
Operating Revenues
Interest Earnings
Beginning Retained Earnings
Total Revenue
37
11
$57
348
$170
$8,895,50
$514,601
20O
03-263
04/09/03
Appropriations:
Airport Fund
Estimated Revenue:
Appropriations:
Risk Management Operations
Ending Retained Earnings
Total Appropriations
Operating Revenue
Total Revenue
Airport Operations
Total Appropriations
$3,952,500
3,305,300
$7,257,800
$491,200
$491,200
$491,200
$491,200
Utilities Fund
Estimated Revenue:
Service Charges
Capital Cost Recovery Charges
Hydrant/Fire Protection
Other Revenue
Anticipated Future Revenue
Total Revenue
Appropriations:
Operations
Debt Service
Transfer to County Capital Projects
Transfer to Capital Projects
Payment in Lieu of Taxes
Transfer to Water Improvement Replacement Fund
Total Appropriations
Utilities Capital Project Funds
Estimated Revenue:
Transfer from Water/Wastewater Operating Fund
Anticipated Future Revenues
Total Revenue
Appropriations:
Capital Projects
Total Appropriations
$43,398,000
11,551,000
1,214,500
7,364,300
3,549,100
$67,076,900
$35,834,800
7,891,400
70,000
21,702,000
1,214,500
364,200
$67,076,900
$18,152,900
3,549,100
$21,702,000
$21,702,000
$21,702,000
Sec. 2
Appropriations in addition to those contained in the general appropriation resolution
may be made by the Board only if there is available in the fund an unencumbered and
unappropriated sum sufficient to meet such appropriations.
The County Administrator may, as provided herein, except as set forth in Sections 7, 12,
13, 15, 16, 17, 18, 19 and 21, authorize the transfer of any unencumbered balance or
portion thereof from one classification of expenditure to another within the same
department or appropriation category. The County Administrator may transfer up to
$20,000 from the unencumbered appropriated balance of one appropriation category to
another appropriation category. No more than one transfer may be made for the same
item causing the need for a transfer, unless the total amount to be transferred for the
item does not exceed $20,000.
The County Administrator may increase appropriations for the following non-budgeted
revenue items that may occur during the fiscal year:
a) Insurance recoveries received for damage to any County property, including
vehicles, for which County funds have been expended to make repairs.
b) Refunds or reimbursements made to the County for which the County has
expended funds directly related to that refund or reimbursement.
c) Revenue not to exceed $20,000.
03-264
04/09/03
Sec. 5
.~ec. 6
Sec. 7
Sec. 8
All outstanding encumbrances, both operating and capital in all county funds up to $10
million, at June 30, 2003 shall be an amendment to the adopted budget and shall be
reappropriated to the 2003-2004 fiscal year to the same department and account for
which they were encumbered in the previous year.
a)
At the close of the fiscal year, all unencumbered appropriations lapse for budget
items other than: Capital Projects, general fund transfers for capital projects and
grants, District Improvement Funds, construction reserve for capital projects,
reserves, refunds for off-site and oversized water and wastewater facilities, grants,
cash proffers, Economic Development Incentive funds, actual transient occupancy
tax revenues received and budgeted expenditures in connection with the Richmond
Convention Center, Public Safety Career Development Reserve and donations
restricted to specific purposes, including donations made by citizens and citizen
groups in support of County programs.
b) With adoption of this resolution all transient occupancy tax revenue received and
related expenditures prior to June 30, 2003 are hereby reappropriated.
c) With adoption of this resolution all monies reserved for career development for
public safety departments prior to June 30, 2003 are hereby reappropriated.
d) With adoption of this resolution all monies reserved for District Improvement Funds
prior to June 30, 2003 are hereby reappropriated.
e) With adoption of this resolution all monies reserved for the County and School's
Reserve for Future Capital Projects prior to June 30, 2003 are hereby reappropriated.
f) With adoption of this resolution all grant program income received prior to June 30,
2003 is hereby reappropriated.
Appropriations designated for capital projects will not lapse at the end of the fiscal year
but shall remain appropriations until the completion of the project or until the Board of
Supervisors, by appropriate ordinance or resolution, changes or eliminates the
appropriation. The County Administrator may approve necessary accounting transfers
between funds to enable the capital projects to be accounted for correctly. Upon
completion of a capital project, staff is authorized to close out the project and transfer
any remaining balances to the funding source. This section applies to all existing
appropriations for Capital Projects at June 30, 2003 and appropriations in the 2003-2004
budget. The County Administrator may approve construction contract change orders
up to an increase of $49,999 and approve all change orders for reductions to contracts.
The Board of Supervisors must approve all change orders of $50,000 or more or when
the aggregate of all changes to a contract exceed 10% of the original contract amount (or
20'% if the contract is for less than $500,000).
The County Administrator may authorize the transfer of Utilities Capital Projects funds
that are 20% or up to $100,000 of the original project cost, whichever is less, from any
Utilities Capital Project to any other Utilities Capital Project. Should the actual contract
price for a project be less than the appropriation, the County Administrator may
approve transfer of excess funds to the funding source upon completion of the project.
The approval by the Board of Supervisors to request and accept any grant of funds to
the County constitutes the appropriation of both the revenue to be received from the
grant and the County's expenditure required by the terms of the grant, if any. The
appropriation of grant funds will not lapse at the end of the fiscal year, but shall remain
appropriated until completion of the grant or until the Board of Supervisors changes or
eliminates the appropriation. The County Administrator may reduce any grant
appropriation to the level approved by the granting agency during the fiscal year. The
County Administrator may approve necessary accounting transfers between funds to
enable the grant to be accounted for correctly. All transfers to grant funds from
operating funds are automatically carried over and reappropriated, unless the grant is
completed and is to be closed out at June 30. Upon completion of a grant project,
County Administrator is authorized to close the grant and transfer back to the funding
source any remaining balances. The County Administrator is authorized to reprogram
Community Development Block Grant Funds by closing program centers and
transferrring funding to newly approved programs based on adoption by the Board of
Supervisors. This applies to appropriations for grants outstanding at June 30, 2003 and
appropriations in the 2003-2004 budget.
03-265
04/09/03
Sec. 9
Sec. 10
Sec. 11
Sec. 12
Sec. 13
Sec. 14
Sec. 15
Sec. 16
Sec. 17
Sec. 18
Sec. 19
Sec. 20
The County Administrator may reduce revenue and expenditure appropriations related
to programs funded all or in part by the Commonwealth of Virginia and/or the federal
government to the level approved by the responsible state or federal agency. The
County Administrator may adjust items among appropriation categories in order to
address state/federal reductions.
The Director of Accounting is authorized to make transfers to various funds for which
there are transfers budgeted. The Director shall transfer funds only as needed up to
amounts budgeted, or in accordance with any existing bond resolutions that specify the
manner in which transfers are to be made.
The Treasurer may advance monies to and from the various funds of the County to
allow maximum cash flow efficiency. The advances must not violate county bond
covenants or other legal restrictions that would prohibit such an advance.
The County Administrator is authorized to make expenditures f-rom Trust & Agency
Funds for the specified reasons for which the funds were established. In no case shall
the expenditure exceed the available balance in the fund.
The County Administrator is authorized to transfer among appropriation categories
and/or appropriate funds in excess of $20,000 for supplemental retirement, Worker's
Compensation, healthcare for retirees, costs related to other compensation issues,
and/or any amount of Insurance Reserve funds consistent with the County's Risk
Management program to departments, as needed.
The portion of the reserve for capital projects related to the school budget will be added
to the reserve for future capital projects in the general fund; and will be designated for
school projects.
The County Administrator may appropriate revenues and increase expenditures in
excess of $20,000 for funds received by the County from asset forfeitures for operating
expenditures directly related to drug enforcement. This applies to funds currently on-
hand at June 30, 2003, and all funds received in the 2003-2004 budget year. The
outstanding balance of these funds at June 30, 2003 or June 30, 2004 shall not lapse but
be carried forward into the next fiscal year.
The County Administrator may increase the general fund appropriation in the School
Operating Fund, contingent upon availability of funds and taking into consideration any
other expenditures which may have occurred, based on the following schedule:
a) Increase general fund transfer/appropriation on December 15 by $1,500,000.
b) Increase general fund transfer/appropriation on February 15 by $1,500,000.
c) Increase general fund transfer/appropriation on April 15 by $1,500,000.
Subsequent to all audit adjustments, the County Administrator may increase
appropriations or authorize transfers of existing appropriations at June 30. This
includes the authority to designate all available FY2003 operating funds to the general
fund Reserve for Capital Projects or for subsequent years appropriations, assuming
ending general fund balance is maintained at a minium of 7.5% of general fund
expenditures.
The County Administrator is authorized to reallocate funding sources for Capital
Projects, arbitrage rebates/penalties, and debt service payments and to appropriate
bond interest earnings to minimize arbitrage rebates/penalties. This authority would
include the appropriation of transfers among funds to accomplish such reallocations.
Budgets for specific Capital Projects will not be increased beyond the level authorized
by Sections 3 and 4. This applies to funds currently on-hand in FY2003, and all funds
received in the 2003-2004 budget year.
The County Administrator is authorized to transfer among appropriation categories any
amount of funds associated with implementation of the Comprehensive Services Act for
at-risk youth and families and funding associated with the implementation of the
VJCCCA Grant to record transactions.
Salaries for Planning Commissioners will be increased equivalent to the increase given
to all County employees.
03-266
04/09/03
Sec. 21
Effective upon adoption of this resolution, the County Administrator is authorized to
approve transfers among funds and capital projects as long as total net appropriation is
not increased.
Sec. 22
Beginning with the FY97 budget and effective upon adoption of this resolution, the
Utilities Department rate stabilization reserve shall be created and maintained as per
guidelines outlined below:
a) The minimum annual contribution to the reserve will be 50% of the previous year's
depreciation on fixed assets.
b)
The annual contribution to the reserve will continue until 100% of accumulated
depreciation on the fixed assets is funded. If at the beginning of a fiscal year a
reserve balance exceeds 100% of accumulated depreciation, a reduction in the
annual contribution may be considered.
c) Funds cannot be used from the rate stabilization reserve if the balance falls below
25% of that utility's fixed asset accumulated depreciation.
d)
The declaration of a financial emergency by the Director of Utilities and a
corresponding four-fifths vote by the Board of Supervisors at a publicly advertised
meeting declaring the existence of such an emergency is required to suspend Sec. 23
a, Sec. 23 b, and Sec. 23 c.
Sec. 23
Upon adoption of this resolution, the School Board and/or the School Superintendent
may make expenditure changes within the school appropriations as follows:
a) Transfers of $20,000 or less are subject to the approval of the Superintendent.
b) Transfers of $20,001 to $499,999 require the approval of the Superintendent and the
School Board.
c) Transfers of $500,000 or more require the approval of the Superintendent, the School
Board, and the Board of Supervisors.
The School Board and/or the School Superintendent shall prepare a budget status report
reflecting changes to the approved school budget between appropriation categories, as
amended, and the report shall be presented to the County Administrator quarterly.
Sec. 24
The County Administrator is authorized to reclassify budgeted revenues, as
appropriate, to reflect implementation of the State's Personal Property Tax Relief Act.
This applies to funds currently on-hand in FY2003, and all funds received in the 2003-
2004 budget year.
.Sec. 25
The County Administrator is authorized to reduce the current year departmental budget
appropriation by the same dollar amount of the prior year overspending inclusive of
encumbrances carried forward.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Ramsey expressed appreciation to everyone involved in
this year's budget process.
8. B. APPOINTMENTS
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment of members to serve on
the Camp Baker Management Board, Drug and Alcohol Abuse Task
Force and Disability Services Board.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-267
04/09/03
8 .B. 1. CAMP BAKER MANAGEMENT BOARD
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/reappointed Mr. Alfred Elko,
representing the Midlothian District; Mr. William Collie,
representing the Chester Civitan Club; and Mr. Lawrence
Hatton, representing the county at-large, to serve on the
Camp Baker Management Board, whose terms are effective May 1,
2003 and expire April 30, 2006.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.2. DRUG AND ALCOHOL ABUSE TASK FORCE
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/appointed Mr. Howard Warren, Sr.,
representing the Matoaca District, to serve on the Drug and
Alcohol Abuse Task Force, whose term will be at the pleasure
of the Board.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.3. DISABILITY SERVICES BOARD
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
simultaneously nominated/appointed Reverend Charles Jackson,
representing the county at-large, to serve on the Disability
Services Board, whose term is effective immediately and
expires December 31, 2005.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8 .C.1.
8.C.l.a.
CONSENT ITEMS
ADOPTION OF RESOLUTIONS
RECOGNIZING MR. JOHN M. BRAGG, JR., UTILITIES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, Mr. John M. Bragg, Jr. will retire from
Chesterfield County's Department of Utilities on May 1, 2003;
and
WHEREAS, Mr. Bragg has faithfully served Chesterfield
County for sixteen years; and
WHEREAS, by providing quality public service, Mr. Bragg
has symbolized the type of employee Chesterfield County
seeks; and
WHEREAS, Mr. Bragg has been instrumental in developing
numerous programs to enhance customer service, including
soliciting customer feedback on the quality of service;
alerting customers when they will receive unusually high
03-268
0¢/09/03
water/wastewater bills; the companion meter program;
cross training of staff; and
and
WHEREAS, Mr. Bragg was involved in implementing the
automated Customer Billing and Information System and has
been responsible for maintaining and updating the rate model
to assure appropriate user charges and connection fees to
fund departmental operations, maintenance and capital
improvements; and
WHEREAS, Mr. Bragg was the guiding force in developing
the Rate Stabilization Reserve to assure sufficient funds for
future replacement of infrastructure with minimum rate
impact; and
WHEREAS, under Mr. Bragg's guidance, procedures and
policies were developed which streamlined the budget process,
reduced write-offs, and enhanced revenue collection and
financial accounting and control; and
WHEREAS, Mr. Bragg played an integral role in
negotiating the water and wastewater contracts with the City
of Richmond which provide capacity for continued economic
development within the county; and
WHEREAS, as a result of his efforts the Utilities
Department is only the second public water and wastewater
utility in the nation to receive a triple A bond rating from
three agencies resulting in a significant reduction in debt
service; and
WHEREAS, Mr. Bragg's skills in financial management have
resulted in user charges among the lowest in the state.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. John M. Bragg, Jr., expresses the
appreciation of all residents for his service to the county,
and extends appreciation for his dedicated service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.l.b. RECOGNIZING APRIL 13-19, 2003, AS "NATIONAL PUBLIC
SAFETY TELECOMMUNICATIONS WEEK"
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, emergencies can occur at any time that require
police, fire or emergency medical services; and
WHEREAS, when an emergency occurs the prompt response of
police officers, firefighters and emergency medical personnel
is critical to the protection of life and preservation of
property; and
WHEREAS, the safety of our police officers, firefighters
and emergency medical personnel is dependent upon the quality
and accuracy of information obtained from citizens who
03-269
04/09/03
telephone the Chesterfield Emergency Communications Center;
and
WHEREAS, Emergency Communications Officers are the first
and most critical contact our citizens have with emergency
services; and
WHEREAS, Emergency Communications Officers are the
single vital link for our police officers, firefighters and
emergency medical personnel by monitoring their activities by
radio, providing them information and insuring their safety;
and
WHEREAS, Emergency Communications Officers of the
Chesterfield Emergency Communications Center have contributed
substantially to the apprehension of criminals, suppression
of fires and treatment of patients; and
WHEREAS, each Emergency Communications Officer has
exhibited compassion, understanding and professionalism
during the performance of their job in the past year.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of April 2003,
recognizes the week of April 13-19, 2003 as ~National Public
Safety Telecommunications Week" in Chesterfield County, in
honor of the men and women whose diligence and
professionalism keep our county and citizens safe.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.l.c. RECOGNIZING MR. JONATHAN EDWARD LOWMAN, MR. MATTHEW
BENJAMIN WELTON AND MR. MICHAEL DEAN WELTON, UPON
ATTAINING THE RANK OF EAGLE SCOUT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Jonathan Edward Lowman, Troop 874,
sponsored by Saint Luke's 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
03-270
04/09/03
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 9th day of April 2003,
recognizes Mr. Jonathan Edward Lowman, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
And, further, the Board adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
?~EREAS, Mr. Matthew Benjamin Welton, Troop 874,
sponsored by Saint Luke's 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, Matthew 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 9th day of April 2003,
recognizes Mr. Matthew Benjamin Welton, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
And, further, the Board adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
03-271
04/09/03
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Michael Dean Welton, Troop 874, sponsored
by Saint Luke's 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, Michael has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of April 2003,
recognizes Mr. Michael Dean Welton, extends congratulations
on his attainment of Eagle Scout, and acknowledges the good
fortune of the County to have such an outstanding young man
as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.l.d. RECOGNIZING THE LATE JEAN T. SMITH BY RENAMING THE
WAGNER BUILDING TO THE SMITH-WAGNER BUILDING
After brief discussion, on motion of Mr. McHale, seconded by
Mrs. Humphrey, the Board adopted the following resolution:
WHEREAS, the late Jean T. Smith served the citizens of
Chesterfield County, the City of Colonial Heights, and the
Commonwealth of Virginia for 39 years through her dedicated
service with the Chesterfield/Colonial Heights Department of
Social Services; and
WHEREAS, Ms. Smith served the department in capacities
from Social Worker to Director and demonstrated throughout
her career her strong commitment for quality services on
behalf of families and children; and
WHEREAS, Ms. Smith set no higher work standard than the
one she set for herself, exhibited the best of professional
qualities and valued her staff; and
WHEREAS, Ms. Smith was known for her friendly smile,
distinctive laugh, generous spirit, positive thinking and
sincere dedication, and her treatment of others left a legacy
for us to follow; and
WHEREAS, Ms. Smith facilitated cooperative efforts with
county agencies to support new and innovative programs; was
actively involved in furthering metropolitan and regional
efforts; and exhibited in countless ways a community vision
for services; and
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04/09/03
WHEREAS, in her capacity as Social Services Director,
Ms. Smith set the departmental standard for customer service
and was instrumental in laying the foundation for the
development of the vision, mission, goals and objectives of
the department; and
WHEREAS, Ms. Smith was actively involved in the planning
and development of the Wagner Building; was a strong team
player with other county agencies; and worked diligently to
assure the building would meet the needs of the customers and
staff.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby honors the memory of the
late Jean T. Smith, who will always be a part of the very
fabric of the Chesterfield/Colonial Heights Department of
Social Services, by renaming the Wagner Building to the
Smith-Wagner Building.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.l.e.
REGARDING BONDS TO BE ISSUED BY THE RIVERSIDE
REGIONAL JAIL AUTHORITY
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF CHESTERFIELD, VIRGINIA, REGARDING BONDS
TO BE ISSUED BY THE RIVERSIDE REGIONAL JAIL AUTHORITY
The County of Chesterfield, Virginia (the "County"), is
a member of the Riverside Regional Jail Authority (the
~Authority"). The Authority has issued its $94,770,000 Jail
Facility Revenue Bonds, Series 1995, and its up to $5,000,000
Jail Facility Revenue Bond, Series 1997 (together, the "Prior
Bonds"), to finance or refinance the Authority's regional
jail facilities (the "Project") and related financing, credit
and reserve costs.
To take advantage of current low interest rates in the
capital markets, it may now be desirable for the Authority to
refinance all or a portion of the Prior Bonds. The Authority
may also deem it to be desirable to finance certain
additional improvements at the Project, including an addition
to the Pre-Release Center (the ~New Improvements"). To
refinance some or all of the Prior Bonds and to finance the
New Improvements and related financing, credit and reserve
costs, the Authority may determine to issue its Jail Facility
Revenue Refunding Bonds, Series 2003 (the ~Bonds"). The
portion of the Bonds allocable to the New Improvements (the
"New Improvements Portion") may exceed an amount equal to 25%
of the Authority's operating budget for the Authority's
current fiscal year.
Since the Prior Bonds were issued, Rule 15c2-12 (the
"Rule"), as promulgated by the Securities and Exchange
Commission under Securities Exchange Act of 1934, as amended,
has become effective. The Rule requires the underwriters for
publicly-sold obligations, such as the Bonds, to obtain
written undertakings from certain obligated persons, within
03-273
04/09/03
the meaning of the Rule, to provide certain financial data
and information to certain entities from time-to-time.
The County, in its role as a member jurisdiction of the
Authority, may be an obligated person for the purposes of the
Rule and, therefore, has been asked to enter into an
agreement to provide the financial data and information
required by the Rule. Such an agreement may be in a form
similar to the draft of the Continuing Disclosure Agreement
(the ~Continuing Disclosure Agreement") presented to this
meeting of the Board of Supervisors of the County of
Chesterfield, Virginia (the ~Board of Supervisors").
Further, as a member of the Authority, the County may be
asked to provide certain information, including its audited
financial statements, to the Authority for inclusion in an
offering document to be circulated to investors in connection
with the offering and issuance of the Bonds (the ~Preliminary
Official Statement").
Since cost savings to the Authority will create the
opportunity for cost savings to the County, the Board of
Supervisors is willing to enter into the Continuing
Disclosure Agreement and to provide the information for the
Preliminary Official Statement.
NOW, THEREFORE, be it resolved by the Board
Supervisors of the County of Chesterfield, Virginia:
of
1. Authorization of Additional Bonds. Since the New
Improvements Portion may exceed an amount equal to 25% of the
Authority's operating budget for the Authority's current
fiscal year, the Authority has asked the Board of Supervisors
to approve the issuance of the New Improvements Portion of
the Bonds. The Board of Supervisors approves the issuance of
the New Improvements Portion of the Bonds, so long as the
principal amount of the New Improvements Portion of the Bonds
does not exceed $10,000,000, the true interest cost on the
Bonds does not exceed 7.00% and the final maturity of the New
Improvements Portion of the Bonds does not exceed 30 years
from the issuance date of the Bonds.
2. Authorization of Continuing Disclosure Agreement.
The Continuing Disclosure Agreement, in substantially the
form provided to the Board of Supervisors, is approved. The
listing of information to be provided by the County annually
will be set forth in the Continuing Disclosure Agreement, as
indicated by Section 2(a) (ii) in the form of the Continuing
Disclosure Agreement provided to the Board of Supervisors.
That section will be completed showing the information
required to be updated annually. Although it is not yet
known which information will be required, the information
will be largely of the type shown in the County's
Comprehensive Annual Financial Report and will not be more
than the information the County has agreed to provide on
other similar undertakings by the County in connection with
its own general obligation debt obligations.
The Chairman and Vice Chairman of the Board of
Supervisors and the County Administrator, any of whom may
act, are each authorized to execute and deliver the
Continuing Disclosure Agreement to the underwriters of the
Bonds with such changes, insertions or omissions (including
the insertion of the information required to be updated
annually, as described in the prior paragraph) as may be
03-274
0&/09/03
approved by any of them, whose approval will be evidenced
conclusively by the execution and delivery thereof. The
Clerk of the Board of Supervisors is further authorized to
affix and attest the seal of the County to the Continuing
Disclosure Agreement, should that be requested by another
party.
3. Authorization of Information for Preliminary
Official Statement and Official Statement. The Chairman and
Vice Chairman of the Board of Supervisors and the County
Administrator are each authorized and directed to work with
the Authority to provide information with respect to the
County, including its audited financial statements, that will
be appropriate for inclusion in the Preliminary Official
Statement. Although it is not yet known which information
will be required, the information will be largely of the type
shown in the County's Comprehensive Annual Financial Report
and will not be more than the information the County has
agreed to provide in other similar offering documents of the
County in connection with its own general obligation debt
obligations. The Chairman and Vice Chairman of the Board of
Supervisors and the County Administrator are each authorized
and directed to provide information with respect to the
County, including its audited financial statements, for
inclusion in the final Official Statement with respect to the
Bonds, which information will be substantially similar to the
information in the Preliminary Official Statement, with
revisions necessary since the date of the Preliminary
Official Statement and such related matters as may be
necessary or appropriate to incorporate therein. The
underwriters of the Bonds are authorized to include the
information provided by the County in accordance with this
Section, including the County's audited financial statements,
in the Preliminary Official Statement and Official Statement
distributed in connection with the offering and issuance of
the Bonds.
4. Approval of Other Instruments. The Chairman and
Vice Chairman of the Board of Supervisors and the County
Administrator are each authorized and directed to execute and
deliver on behalf of the County, and, if requested by another
party, they are authorized to affix and attest the seal of
the County, to such other instruments, documents or
certificates, and to do and perform such things and acts, as
they deem necessary or appropriate to carry out the
transactions authorized by this Resolution or contemplated by
the Bonds or the Continuing Disclosure Agreement. All of the
foregoing, previously done or performed by such officers of
the County, are in all respects approved, ratified and
confirmed.
5. Effective Date. This Resolution shall take effect
immediately upon its adoption.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.l.f.
RECO~NIZINO HR. DONALD A. JONES FOR HIS
CONTRIBUTIONS TO CHESTERFIELD COUNTY
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
03-275
04/09/03
WHEREAS, Mr. Donald A. Jones is completing his
successful tenure as Executive Vice President and Chief
Operating Officer of the YMCA of Greater Richmond; and
WHEREAS, Mr. Jones has been instrumental in building
strong kids, strong families and strong communities through
his leadership on behalf of the YMCA for over 18 years; and
WHEREAS, Mr. Jones delivered inspiring leadership as
Chair of Communities In Schools of Chesterfield from 1998-99
and as Annual Giving Campaign~ Chairman; contributed his
knowledge, expertise, and financial resources to CIS; was an
avid youth advocate and friend of CIS; and is held in highest
esteem by the CIS Board of Directors; and
WHEREAS, Mr. Jones served as a board member of First Tee
and has thus provided great leadership in directing programs
toward character buildup and development of positive values
in the hundreds of young people involved in First Tee
programs in Chesterfield; and
WHEREAS, Mr. Jones was instrumental in establishing a
network of after school programs at many Chesterfield schools
in a way that did not compete with after school services
provided by the private sector and all of these efforts were
directed at reducing the problems related to latchkey
children; and
WHEREAS, Mr. Jones provided humanitarian service through
his nine year membership in the South Richmond Rotary, and
his daily example of living the Four Way Test; and
WHEREAS, Mr. Jones improved the lives of children and
families in the region through his professional endeavors at
William Byrd Community House and the United Methodist Family
Services; and
WHEREAS, Mr. Jones has been a model citizen of
Chesterfield County, serving as a coach for Central
Chesterfield Little League and frequently reaching out to
neighbors in need; and
WHEREAS, in these endeavors and others which he has
undertaken on behalf of the residents of Chesterfield County,
Mr. Jones has repeatedly demonstrated his caring and
commitment to improving the safety and quality of life of all
Chesterfield County residents, particularly our younger
residents; and
WHEREAS, his selfless and tireless efforts have won Mr.
Jones the respect, appreciation and admiration of all who
know him.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the exceptional
contributions of Mr. Donald A. Jones, expresses appreciation
for his efforts on behalf of Chesterfield County, and extends
best wishes to him and his family as he moves to Nashville,
Tennessee.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-276
04/09/03
8.C.2.
APPOINTING AN ALTERNATE AGENT FOR THE BOARD OF
SUPERVISORS' INITIATED VARIANCE APPLICATION TO THE
BOARD OF ZONING APPEALS ON BEHALF OF MS. EUGENIA
GRANDSTAFF
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
appointed Mr. Ted Barclay as alternate to Mr. Kirk Turner to
act as agent for the Board of Supervisors' initiated variance
application to the Board of Zoning Appeals on behalf of Ms.
Eugenia Grandstaff.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
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 street described below is 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
street meets 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 street
described below to the secondary system of state highways,
pursuant to § 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 System of State Hlahwavs: Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
Project: Meadows, Section 4
Kentberry Road, State Route Number: 1810
From:
0.05 Mi. N of Pineville Rd., (Rt. 1810)
To:
Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 7/6'2001 with the Office Of Clerk To Cimuit Court in Pb. 119; Pg. 4-5, with
a width of Vadable
And, further, the Board adopted the following resolution:
03-277
04/09/03
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 § 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 Chanae to the $~;;ondar¥ System of State Highways: Additlpn
Basis for Change:
Statutory Reference:
Project:
From:
Addition, New subdivision street
Meadows, Section 5
Wycliff Court, State Route Number: 5515
Wycliff Rd., (Rt. 900)
Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 7/6/2001 with the Office Of Clerk To Cimuit Court in Pb. 119; Pg 6-7, with
a width of 40 Ft.
· Wycliff Road, State Route Number: 9iX)
From: Adkins Rd., (Rt. 672)
To: Wycliff Ct., (Rt. 5515), a distance of: 0.06 miles.
Right-of-way record was filed on 7/6/2001 with the Office Of Clerk To Cimuit Court in Pb. 119; Pg 6-7, with
a width of 40 Ft.
· Wycliff Road, State Route Number: 900
From: Wycliff Ct., (Rt. 5515)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 7/6/2001 with the Office Of Clerk To Cimuit Court in Pb. 119; Pg 6-7, with
a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
03-278
04/09/03
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
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 § 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
this resolution be forwarded to the Resident Engineer for
Virginia Department of Transportation.
Type Change to the Secondary System of State Hlahwavs: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Chesdin Shores, Section 2
· Blue Heron Circle, State Route Number: 5513
From: Chesdin Green Wy., (Rt. 4496)
To: Chesdin Green Wy., (Rt. 4496), a distance of: 0.50 miles.
Right-of-way record was filed on 8/9/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 75, with
a width of 50 Ft.
· Blue Heron Loop, State Route Number: 5514
From: Chesdin Green Wy., (Rt. 4496)
To: Chesdin Green Wy., (Rt. 4496), a distance of: 0.75 miles.
Right-of-way record was filed on 8/9/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 75, with
a width of 50 Ft
· Chesdln Green Way, State Route Number: 4496
From: Lake Chesdin Py., (Rt. 4496)
To: Intersection of Blue Heron Cr., (Rt. 5513) & Blue Heron Lp., (Rt. 5514), a distance of: 0.18 miles.
Right-of-way record was flied on 8/9/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 75, with
a width of 50 Ft.
· Chesdin Green Way, State Route Number: 4496
From: Intersection of Blue Heron Cr., (Rt. 5513) & Blue Heron Lp., (Rt. 5514)
To: Intersection of Blue Heron Cr., (Rt. 5513) & Blue Heron Lp., (Rt. 5514), a distance of: 0.14 miles.
Right-of-way record was filed on 8/9/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 75, with
a width of 50 Ft.
· Chesdln Green Way, State Route Number: 4496
From: Intersection of Blue Heron Ct., (Rt. 5513) & Blue Heron Lp., (Rt. 5514)
of
the
03-279
04/09/03
To: .07 Mi. N of Blue Heron Cr., (Rt. 5513) & Blue Heron Lp., (Rt. 5514), a distance of: 0.07 miles.
Right-of-way record was filed on 8/9/2001 with the Office Of Clerk To Circuit Court in Pb. 119; Pg. 75, with
a width of 50 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 Engineer for the Virginia
Department of Transportation has advised this Board the
street meets 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 street
described below to the secondary system of state highways,
pursuant to § 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 Chanue to the Secondary System of State Highwpw: Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference:
§33.1-229
Project: Grove Hill Road Extension Phase B
Grove Hill Road, State Route Number: 5471
From:
0.12 Mi. E of Biggin Pond Rd., (Rt. 5480)
To:
0.13 Mi. W of N. Woolridge Rd., (Rt. 668), a distance of: 0.40 miles.
Right-of-way record was filed on 11/22/2000 with the Office Of Clerk To Circuit Court in Db. 3951; Pg 412, with
a width of 80 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
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04/09/03
pursuant to § 33.1-229, Code of Virginia, and the
Department' s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Change to the Secondary System of State Hiqhwavs: Addition
Besle for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Klngham, Section 1
· Mltford Drive, State Route Number: 5516
From: Grove Hill Rd., (Rt. 5471)
To: Mifford PI., (Rt. 5517), a distance of: 0.03 miles.
Right-of-way record was filed on 12/8/2000 with the Office Of Clerk To Cimuit Court in Pb.114; Pg. 73-74,
with a width of 40 Ft.
· Mltford Drive, State Route Number: 5516
From: Mitford PI., (Rt. 5517)
To: 0.12 Mi. NE of Mifford PI., (Rt. 5517), a distance of: 0.12 miles.
Right-of-way record was filed on 12/8/2000 with the Office Of Clerk To Cimuit Court in Pb. 114; Pg. 73-74,
with a width of 40 Ft.
· Mltford Place, State Route Number: 5517
From: Mifford Dr., (Rt. 5516)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 12/8/2000 with the Office of Clerk To Circuit Court in Pb.114; Pg. 73-74,
with a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk' s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department' s Subdivision Street Requirements.
03-281
04/09/03
a clear and unrestricted right-of-way, as described,
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified
this resolution be forwarded to the Resident
Virginia Department of Transportation.
Type ChanGe to the Secondary System of Stat~ Highways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Klngham, Section 2
· Kingham Drive, State Route Number: 5518
From: Grove Hill Rd., (Rt. 5471)
To: Railey Hill Dr., (Rt. 5519), a distance of: 0.05 miles.
Right-of-way record was filed on 5/9/2001 with the Office Of Clerk To Cimuit Court in Pb. 117; Pg. 49-41,
with a width of 44 Ft.
· Kingham Drive, State Route Number: 5518
From: Raiiey Hill Dr., (Rt. 5519)
To: Mitford Dr., (Rt. 5516), a distance of: 0.03 miles.
Right-of-way record was filed on 5/9/2001 with the Office Of Clerk To Cimuit Court in Pb. 117; Pg. 49-41,
with a width of Variable
· Kingham Drive, State Route Number: 5518
From: Mitford Dr., (Rt. 5516)
To: Kingham PI., (Rt. 5520), a distance of: 0.07 miles.
Right-of-way record was filed on 5/9/2001 with the Office of Clerk To Circuit Court in Pb. 117; Pg. 49-41,
with a width of 40 Ft.
· Kingham Drive, State Route Number: 5518
From: Kingham PI., (Rt. 5520)
To: Kingham PI., (Rt. 5520), a distance of: 0.02 miles.
Right-of-way record was filed on 5/9/2001 with the Office of Clerk To Circuit Court in Pb. 117; Pg. 49-41,
with a width of 40 Ft.
· Klngham Drive, State Route Number: 5518
From: Kingham PI., (Rt. 5520)
To: 0.01 Mi. S of Kingham PI., (Rt. 5520), a distance of: 0.01 miles.
Right-of-way record was filed on 5/9/2001 with the Office of Clerk To Circuit Court in Pb. 117; Pg. 49-41,
with a width of 40 Ft.
·
From:
To:
BE IT FURTHER RESOLVED, that this Board guarantees
and any
Kingham Place, State Route Number: 5520
Kingham Dr., (Rt. 5518)
Kingham Dr., (Rt. 5518), a distance of: 0.08 miles.
copy of
Engineer for the
03-282
04/09/03
Right-of-way record was filed on 5/9/2001 with the Office Of Clerk To Cimuit Court in Pb. 117; Pg. 49-41,
with a width of 130 Ft.
Mltford Drive, State Route Number: 5516
From: Kingham Dr., (Rt. 5518)
To:
0.02 Mi. W of Kingham Dr., (Rt. 5518), a distance of: 0.02 miles.
Right-of-way record was filed on 5/9/2001 with the Office Of Clerk To Cimuit Court in Pb. 117; Pg. 49-41,
with a width of 40 Ft.
Railey Hill Drive, State Route Number: 5519
From: Kingham Dr., (Rt. 5518)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 5/9/2001 with the Office Of Clerk To Cimuit Court in Pb. 117; Pg. 49-41,
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 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 Change tO the Secondary System of State Hiahwavs: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Klngham, Section 3
· Kingham Circle, State Route Number: 5521
From: Kingham Dr., (Rt. 5518)
To: Kingham Dr., (Rt. 5518), a distance of: 0.05 miles.
Right-of-way record was filed on 5/9/2001 with the Office Of Clerk To Circuit Court in Pb. 117; Pg. 42-43,
with a width of 130 Ft.
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· Kingham Drive, State Route Number: 5518
From: 0.01 Mi. S of Kingham PI., (Rt. 5520)
To: Kingham Cr., (Rt. 5521), a distance of: 0.10 miles.
Right-of-way record was filed on 5/9/2001 with the Office Of Clerk To Circuit Court in Pb. 117; Pg. 42-43,
with a width of 40 Ft.
· Klngham Drive, State Route Number: 5518
From: Kingham Cr., (Rt. 5521)
To: Kingham Cr., (Rt. 5521 ), a distance of: 0.02 miles.
Right-of-way record was filed on 5/9/2001 with the Office Of Clerk To Circuit Court in Pb. 117; Pg. 42-43,
with a width of 40 Ft.
· Kingham Drive, State Route Number: 5518
From: Kingham Cr., (Rt. 5521)
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 5/9/2001 with the Office of Clerk To Circuit Court in Pb. 117; Pg. 42-43,
with a width of 40 Ft.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.4. REQUESTS FOR A MUSIC/ENTERTAINMENT FESTIVAL PERMIT
FOR SUNDAYS' RESTAURANT OUTDOOR CONCERT ON MAY 26,
2003
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request for Sundays' Restaurant to hold an outdoor
concert on May 26, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.5. REQUEST FOR PERMITS TO STAGE FIREWORKS DISPLAYS
8.C.5.a. FOR 80 BELLONA ARSENAL ON MAY 10, 2003
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request for a permit to stage a fireworks display
at 80 Bellona Arsenal on May 10, 2003, with a rain date of
July 5, 200.3.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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8.C.5.b. FOR THE SUNDAY PARK PENINSULA OF BRANDERMILL ON
JULY 4, 2003
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request for a permit to stage a fireworks display
at the Sunday Park Peninsula on July 4, 2003, with a rain
date of July 5, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.5.c. FOR JAMES RIVER HIGH SCHOOL ON MAY 15, 16 AND 17,
2003
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request for a permit to stage a fireworks display
at James River High School on May 15, 16 and 17, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.6. AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE
CONSTRUCTION CONTRACTS
8.C.6.&. FOR ROBIOUS LANDING PARK, NEW BOAT STORAGE BUILDING
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to execute a contract
with Early Sunrise Construction, Incorporated, in the amount
of $78,000, for construction of a new boat storage building
at Robious Landing Park.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.6.b. FOR ROBIOUS LANDING PARK, NEW RESTROOM BUILDING
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to execute a contract
with Howard Construction, Incorporated, in the amount of
$68,800, for construction of a new restroom building at
Robious Landing Park.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.6.C.
FOR MATOACA PARK, PHASE III, NEW CONCESSION
BUILDING
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to execute a contract
with Early Sunrise Construction, Incorporated, in the amount
of $77,000, for construction at Matoaca Park, Phase III, New
Concession Building.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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04/09/03
8.C.7. APPROVAL OF CONSTRUCTION CONTRACT TO PERKINSON
CONSTRUCTION, L.L.C. AND APPROPRIATION OF FUNDS FOR
VICTORIA LANE SPECIAL TAX AND/OR ASSESSMENT WATER
DISTRICT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
awarded a construction contract for the Victoria Lane Special
Tax and/or Assessment Water District to Perkinson
Construction, L.L.C., in the amount of $83,074.95, and
authorized the County Administrator to execute any necessary
documents.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.8. DESIGNATION OF RIGHT OF WAY FOR CO,BiLL ROAD
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
designated right of way for Cogbill Road, and authorized the
County Administrator to execute the declaration. (It is
noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.9. REQUESTS FOR PERMISSION
8.C.9.&. FROM W. V. MCCLURE, INCORPORATED TO CONSTRUCT A
WOODEN DECK WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT
ACROSS LOT 32, KRIM POINT AT THE GROVE, SECTION 2
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request from W. V. McClure, Incorporated, a
Virginia corporation, t/a Main Street Homes, for permission
to construct a wooden deck within a 16-foot drainage easement
across Lot 32, Krim Point at the Grove, Section 2, 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: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.9.b. FROM WALTHAL 12, L.C. FOR CONCRETE CURB AND GUTTER
TO ENCROACH WITHIN A SIXTEEN-FOOT SEWER EASEMENT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request from Walthal 12, L.C. for permission for
concrete curb and gutter 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: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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8.C.9.c.
FROM LMF, LLC TO CONSTRUCT AN EIGHTEEN-FOOT
EMERGENCY ACCESS ROAD WITHIN A PORTION OF A SIXTY-
FOOT UNIMPROVED COUNTY RIGHT OF WAY TO SERVE
LON6H~EADOW FARMS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved a request from LMF, LLC for permission to construct
an 18-foot emergency access road within a portion of a 60-
foot unimproved county right of way to serve Longmeadow
Farms, 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: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.10. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY
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 an easement agreement with
Virginia Electric and Power Company for underground cable to
provide additional service to Bailey Bridge Middle School.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.11. REQUESTS TO QUITCLAIM
8.C.11.&.
A TWENTY-THREE FOOT SEWER EASEMENT ACROSS THE
PROPERTY OF WALTHAL 12, L.C.
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 a quitclaim deed to vacate a
23-foot sewer easement across the property of Walthal 12,
L.C. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.11.b. A TWENTY-THREE FOOT SEWER EASEMENT ACROSS THE
PROPERTY OF BELL~RADE DEVELOPMENT COMPANY, L.P.
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 a quitclaim deed to vacate a
23-foot sewer easement across the property of Bellgrade
Development Company, L.P. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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04/09/03
8.C.12. ACCEPTANCE OF PARCELS OF LAND
8.C.12.a.
AT THE INTERSECTION OF WOOLRID~E ROAD AND
OTTERDALE ROAD FROM STEWART FAMILY RLLP
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.514
acres at the intersection of Woolridge Road (State Route 668)
and Otterdale Road (State Route 667) from Stewart Family
RLLP, and authorized the County Administrator to execute the
deed. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.12.b. ALONG THE WEST RIGHT OF WAY LINE OF OTTERDALE ROAD
FROM HAZEL P. WOMACK
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.029
acres along the west right of way line of Otterdale Road
(State Route 667) from Hazel P. Womack, and authorized the
County Administrator to execute the deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.12.c. ALONG THE EAST RIGHT OF WAY LINE OF OTTERDALE ROAD
FROM JOHN E. SADLER
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted the conveyance of a parcel of land containing 0.143
acres along the east right of way line of Otterdale Road
(State Route 667) from John E. Sadler, and authorized the
County Administrator to execute the deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.13. SET DATES FOR PUBLIC HEARINGS
8.C.13.a. TO CONSIDER FY2004 ENHANC~ PROJECTS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of April 23, 2003 at 7:00 p.m. for a public
hearing to consider FY2004 Enhancement Projects.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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04/09/03
8.C.13.b. TO CONSIDER APPROPRIATION OF ADDITIONAL FUNDS FOR
THE DEPARTMENT OF SOCIAL SERVICES
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
set the date of May 28, 2003 at 7:00 p.m. for a public
hearing to consider the appropriation of $523,501 in
additional federal and state funds received from the State
Department of Social Services.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.14. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.C.14.&. FROM THE BERMUDA DISTRICT IMPRINT FUND TO THE
SCHOOL BOARD TO PURCHASE A VIDEO CAMERA SECURITY
SYSTEM FOR THE COMMONS AREA OF THOMAS DALE HIGH
SCHOOL
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
transferred $1,500 from the Bermuda District Improvement Fund
to the School Board to purchase a video camera security
system for the commons area of Thomas Dale High School.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.14.b. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACAAND
MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE
CHESTEP~IELD COUNTY HISTORICAL SOCIETY FOR THE
VETERANS ~ORIAL WALL/PHASE II
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
transferred $8,000 each from the Bermuda and Clover Hill
District Improvement Funds and $5,000 each from the
Midlothian, Matoaca and Dale District Improvement Funds
(total of $31,000) to the Chesterfield County Historical
Society for the Veterans Memorial Wall Project.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.14.c. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE PARKS AND RECREATION DEPARTMENT TO RESTORE
LANDSCAPING ON CONTE DRIVE AT ITS INTERSECTION
WITH ROBIOUS ROAD
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
transferred $3,000 from the Midlothian District Improvement
Fund to the Parks and Recreation Department to restore
landscaping on Conte Drive at its intersection with Robious
Road.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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8.C.14.d. FROM THE MIDLOTHIAN DISTRICT IMPROVEMENT FUND TO
THE PARKS ANDRECREATION DEPARTMENT TO PURCHASE
AND INSTALL LANDSCAPING ON PUBLIC PROPERTY ALONG
THE INTERSECTIONS OF ROBIOUS ROAD AND GREENFIELD
DRIVE AND ROBIOUS ROAD AND WOOI~MONT DRIVE
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
transferred $1,000 from the Midlothian District Improvement
Fund to the Parks and Recreation Department to purchase and
install landscaping on public property along the
intersections of Robious Road and Greenfield Drive and
Robious Road and Woodmont Drive.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
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 Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted a report on Developer Water and Sewer Contracts and
a status report on the General Fund Balance, Reserve for
Future Capital Projects, District Improvement Fund and Lease
Purchases.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
10.C. CLOSED MEETING PURSUANT TO SECTION 2.2-3711(A)(7),
CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION
WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS
REQUIRING THE PROVISION OF LEGAL ADVICE RELATING TO
REBECCA B. AND C. LELAND BASSETT
Mr. Barber made a motion, seconded by Mr. Warren, for the
Board to move Item 10.C., Closed Meeting Pursuant to Section
2.2-3711(A) (7), Code of Virginia, 1950, as Amended, for
Consultation with Legal Counsel Regarding Specific Legal
Matters Requiring the Provision of Legal Advice Relating to
Rebecca B. and C. Leland Bassett to follow Item 16.G., Public
Hearing to Consider the Exercise of Eminent Domain for the
Acquisition of Easements for the Bermuda Orchard Waterline
Project and Authorization to Take Such Easements Prior to
Eminent Domain Proceedings.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03 -290
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11. DINNER
On motion of Mr. Miller, seconded by Mr. McHale, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Reconvening:
12. INVOCATION
Dr. Roy Foots, Senior Pastor of New Direction Evangelistic
Church, gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Brian Matthew Wood led the Pledge of Allegiance
to the flag of the United States of America.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
14.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
14.A.1. BRIAN MATTHEWWOOD, MIDLOTHIAN DISTRICT
Mr. Hammer introduced Mr. Brian Wood 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. Brian Matthew Wood, Troop 800, sponsored by
Bethel Baptist Church, has accomplished those high standards
of commitment and has reached the long-sought goal of Eagle
Scout, which is earned by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Brian has distinguished himself as a member of a new
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04/09/03
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 9th day of April 2003,
publicly recognizes Mr. Brian Matthew Wood, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Wood, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Wood expressed appreciation to the Board for the
recognition and also to his parents, scoutmaster and church
sponsor for their support.
14.A.2. GREOORY PAUL SPEIRAN, CLOVER HILL DISTRICT
Mr. Hammer introduced Mr. Gregory Speiran 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. Gregory Paul Speiran, Troop 800, sponsored
by Bethel Baptist Church, has accomplished those high
standards of commitment and has reached the long-sought goal
of Eagle Scout, which is earned by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Gregory 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 9th day of April 2003,
publicly recognizes Mr. Gregory Paul Speiran, extends
congratulations on his attainment of Eagle Scout, and
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04/09/03
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Speiran, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Speiran expressed appreciation to his family, scoutmaster
and church sponsor for their support.
14.A.3. ANDREW WILSON WAONER, CLOVER HILL DISTRICT
Mr. Harley, er introduced Mr. Andrew Wagner 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 Wilson Wagner, Troop 800, sponsored
by Bethel Baptist Church, has accomplished those high
standards of commitment and has reached the long-sought goal
of Eagle Scout, which is earned by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, 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 9th day of April 2003,
publicly recognizes Mr. Andrew Wilson Wagner, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Wagner, accompanied by members of his family,
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04/09/03
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Wagner expressed appreciation to the Board for the
recognition and also to God, his parents, scoutmaster and
church for their support.
14.A.4. KEVIN DONALD DAVIS, CLOVER HILL DISTRICT
Mr. Hammer introduced Mr. Kevin Davis 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. Kevin Donald Davis, Troop 800, sponsored by
Bethel Baptist Church, has accomplished those high standards
of commitment and has reached the long-sought goal of Eagle
Scout, which is earned by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Kevin 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 9th day of April 2003,
publicly recognizes Mr. Kevin Donald Davis, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Davis, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Davis expressed appreciation to the Board for the
recognition and also to his church members, church sponsor,
scoutmaster and parents for their support.
03-294,
04/09[03
14.A.5. SEAN MENDEL NELSON, MATOACA DISTRICT
Mr. Hammer introduced Mr. Sean Nelson 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. Sean Mendel Nelson, Troop 806, sponsored by
Woodlake 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, Sean 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 Supervfsors, this 9th day of April 2003,
publicly recognizes Mr. Sean Mendel Nelson, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Nelson, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Nelson expressed appreciation to his parents, family,
church, members of his troop and Philips Volunteer Fire
Department for their support.
14.A.6. MARK ADAM STEVENSON, MIDLOTHIAM DISTRICT
Mr. Hammer introduced Mr. Mark Stevenson who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
03-295
04/09/03
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. Mark Adam Stevenson, Troop 829, sponsored
by Saint Matthias' Episcopal Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, which is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Mark 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 9th day of April 2003,
publicly recognizes Mr. Mark Adam Stevenson, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Stevenson, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Stevenson expressed appreciation to his friends, fellow
scouts, church and family for their support.
14.A.7. SHAWN EVERETT BENNETT, MATOACA DISTRICT
Mr. Hammer introduced Mr. Shawn Bennett 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
03-296
04/09/03
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. Shawn Everett Bennett, Troop 874, sponsored
by Saint Luke's 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, Shawn 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 9th day of April 2003,
publicly recognizes Mr. Shawn Everett Bennett, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Bennett, accompanied by his father, congratulated him on
his outstanding achievement, and wished him well in his
future endeavors.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Bennett expressed appreciation to his troop, scoutmaster
and his father for their support.
14.A.8. MATTHEW BRYAN ALTICE, DALE DISTRICT
Mr. Hammer introduced Mr. Matthew Altice 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 co~unity,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
03-297
04/09/03
WHEREAS, Mr. Matthew Bryan Altice, Troop 874, sponsored
by Saint Luke's 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, Matthew 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 9th day of April 2003,
publicly recognizes Mr. Matthew Bryan Altice, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Altice, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Altice expressed appreciation to his parents and members
of his troop for their support.
14.A.9. ANDREW NICHOLAS C~OLD, MATOACA DISTRICT
Mr. Hammer introduced Mr. Andrew Gold 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 Nicholas Gold, Troop 874, sponsored
by Saint Luke's 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
03-298
04/09/03
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, 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 9th day of April 2003,
publicly recognizes Mr. Andrew Nicholas Gold, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Gold, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Gold expressed appreciation to his friends, parents and
fellow scouts for their support.
14.A.10. JASON CHRISTOPHER EMIGH, MATOACA DISTRICT
Mr. Hammer introduced Mr. Jason Emigh 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. Jason Christopher Emigh, Troop 874,
sponsored by Saint Luke's 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, Jason has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
03-299
04/09/03
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of April 2003,
publicly recognizes Mr. Jason Christopher Emigh, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Emigh, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Emigh expressed appreciation to his parents, Scoutmaster,
members of his troop and his church for their support.
14.A.11. BRENTON CHASE MILLER, DALE DISTRICT
Mr. Hammer introduced Mr. Brenton Miller 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. Brenton Chase Miller, Troop 874, sponsored
by Saint Luke's 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, Chase has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
03-300
04/09/03
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of April 2003,
publicly recognizes Mr. Brenton Chase Miller, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Miller, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Miller expressed appreciation to his parents, church
sponsor, members of his troop and friends for their support.
14.A.12. CHRISTOPHER GRANT CUBBAGE, MATOACA DISTRICT
Mr. Hammer introduced Mr. Christopher Cubbage 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 Grant Cubbage, Troop 874,
sponsored by Saint Luke's 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, Chris has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
03-301
04/09/03
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of April 2003,
publicly recognizes Mr. Christopher Grant Cubbage, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Cubbage, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Cubbage expressed appreciation to his family, friends,
troop and church for their support.
14.A.13. BRANDON TAYLOR TIBBETTS, MATOACA DISTRICT
Mr. Hammer introduced Mr. Brandon Tibbetts 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. Brandon Taylor Tibbetts, Troop 874,
sponsored by Saint Luke's 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, Brandon has distinguished himself as a member of a
new generation of prepared young citizens of whom we can all
be very proud.
03-302
0~/09/03
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of April 2003,
publicly recognizes Mr. Brandon Taylor Tibbetts, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Tibbetts, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Tibbetts expressed appreciation
family and church for their support.
to his
scoutmaster,
14.B. RECOGNIZING A~RIL 20-26, 2003, AS "ADMINISTRATIVE
PROFESSIONALS WEEK"
Ms. Cindy Taylor, Employee Relations Administrator introduced
Ms. Linda Coake CPS, Tri-Cities Chapter President of the
International Association of Administrative Professionals,
Ms. Diane Ware CPS, Old Dominion Chapter President, Ms. Sally
Ferrell, Virginia Division Treasurer, and several
administrative professionals from the county's workforce who
were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, executive secretaries, administrative
assistants, office managers, and other administrative
professionals represent one of the largest segments of the
labor force; and
WHEREAS, administrative professionals have increased
their business contributions in recent years by mastering
computer technology and taking vital information management
roles; and
WHEREAS, a well-trained and fairly compensated
administrative workforce is essential to economic success,
both locally and nationally; and
WHEREAS, the purpose of the International Association of
Administrative Professionals is to provide education and
training and set standards of excellence; and
WHEREAS, the Old Dominion and Tri-Cities Chapters of the
International Association of Administrative Professionals,
which are active in Chesterfield County and include a number
of county employees, support the mission of the national
organization by emphasizing the importance of continuing
education and building business networks.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of April 2003,
publicly recognizes April 20-26, 2003, as "Administrative
Professionals Week" and encourages management everywhere to
foster professional development opportunities for this
critical group of employees.
03-303
04/09/03
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Miller presented executed resolutions to Ms. Coake and
Ms. Ware, and expressed appreciation to all county
administrative professionals for their dedication and
contributions to the county.
Ms. Coake expressed appreciation to
recognition and stated that she is
Administrative Professional.
the Board for the
proud to be an
14.C. RECOGNIZING L. C. BIRD, CLOVER HILL, JAMES RIVER,
MANCHESTER, MATOACA, MEADOWBROOK, MIDLOTa~AN, MO~ACAN,
THONAS DALE AND THE ~OVERNOR'S SCHOOLS FOR PROVIDIN~
DRUG AND ALCOHOL-FREE POST-PROM PARTIES
Mr. Kappel introduced representatives from the county's high
schools who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the two highest risk nights for teens are prom
and graduation, with some parents seeming to condone parties
where alcohol and drugs are available; and
WHEREAS, students need an alternative to drugs and
alcohol to which they can and will say ~YES"; and
WHEREAS, in 2002, more than 350 schools and communities
in Virginia participated in Operation Prom/Graduation's
alcohol and drug-free parties for students; and
WHEREAS, many parents of Juniors and Seniors at L. C.
Bird, Clover Hill, James River, Manchester, Matoaca,
Meadowbrook, Midlothian, Monacan, Thomas Dale High and the
Governor's Schools, with financial support from the local and
surrounding business community, are working to provide
alternative ~no alcohol or drugs" parties following the James
River and L. C. Bird Proms on April 26; Clover Hill on May 3;
Thomas Dale and Matoaca on May 16; Monacan, Midlothian,
Manchester and the Governor's School on May 17; and
Meadowbrook on May 23; and
WHEREAS, communities all over Virginia are reaching out
in many ways to their young people with love and concern,
encouraging them to ~Celebrate Life."
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of April 2003,
publicly declares the weekends of April 26-27, May 3-4, May
16-18, and May 23-24 as ~Drug and Alcohol-Free Among the Teen
and Adult Population of Chesterfield County."
AND, BE IT FURTHER RESOLVED, that adults be encouraged
to provide a positive, no alcohol and drugs example for our
youth, particularly at the high-risk times of prom and
graduation, in an effort that we not only change lives, but
save them.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-304
04/09/03
Mr. Barber presented an executed resolution to each of the
school representatives present, and he and Mr. Warren each
expressed appreciation to them for providing drug and
alcohol-free post prom parties, and acknowledged the
importance of the parties.
Mr. Pete Koste, Principal of Manchester High School expressed
appreciation to the Board for supporting post-prom parties.
14.D. RECOGNIZING MR. WILLIAM CHANDLER FOR HIS SERVICE TO
THE CHESTERFIELD COUNTY AIRPORT ADVISORY BOARD
Mr. Pitaro introduced Mr. William Chandler who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. William ~Bill" Chandler represented the
Midlothian District as a member of the Chesterfield County
Airport Advisory Board from February 14, 1992 to December
2002, serving as chairman in 1994 and 1995; and
WHEREAS, Mr. Chandler provided guidance and assistance
in the privatization of airport services and airport
development into the future; and
WHEREAS, Mr. Chandler was of great assistance in
protecting the airport from encroachment during the Central
Area Plan development; and
WHEREAS, the Chesterfield County Airport has been named
one of the best reliever airports in the state; and
WHEREAS, the continuing growth in airport activities is
having a beneficial economic impact on the county.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 9th day of April 2003,
publicly recognizes Mr. William "Bill" Chandler and expresses
its sincere gratitude and appreciation for his service to the
county as a member of the Chesterfield County Airport
Advisory Board representing the Midlothian District.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Chandler and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Barber presented the executed resolution to Mr. Chandler,
accompanied by Mr. Calabro and Mr. John Thayer, Clover Hill
District representative on the Airport Advisory Board, and
expressed appreciation for his dedicated service to the
Airport Advisory Board.
Mr. Chandler expressed appreciation to the Board for the
recognition and the opportunity to serve on the Airport
Advisory Board.
03-305
04/09/03
15. ~.aRINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
16. PUBLIC HEARINGS
16.A. TO REVISE FY2003 SCHOOL OPERATING FUND APPROPRIATIONS
Ms. Dickson stated that this date and time has been
advertised for a public hearing to consider revisions to
FY2003 School Operating Fund appropriations.
Mr. Warren 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
increased the School Operating Fund by $2,155,300 in the
following appropriation categories: Instruction - $592,162;
Pupil Transportation - $1,186,738; and Operations and
Maintenance - $975,000.
And, further, the Board
appropriation by $598,600.
decreased the Debt Service
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.B. TO CONSIDER THE APPROPRIATION OF FUNDS RECEIVED FROM
THE DEPARTMENT OF MEDICAL ASSISTANCE SERVICES AND
AUTHORIZATION TO EXECUTE RELATED DOCUMENTS
Mr. Hammer stated that this date and time has been advertised
for a public hearing to consider the appropriation of funds
received from the Department of Medical Assistance Services
and authorization to execute related documents. He further
stated that the transaction will result in an incentive
payment that will be transferred to the Health Center
Commission and the Commission has agreed to split the
incentive payment 50-50 with the county as a payment for
their outstanding loan extended several years ago.
Mr. Warren 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
approved the appropriation of up to $12,000,000 in Medicaid
reimbursement from the Department of Medical Assistance
Services, and authorized the County Administrator to execute
the necessary closing documents, approved in form by the
County Attorney, to complete the transaction.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-306
0&/09/03
16.C. TO CONSIDER AN ORDINANCE BANNING OPEN BURNING OF
DEBRIS WASTE IN THE COUNTY
Mr. Micas stated that this date and time has been advertised
for the Board to consider an ordinance banning open burning
of debris waste in the county. He further stated that any
ban would have to be approved by the State Department of
Environmental Quality (DEQ) prior to taking effect. He
stated that in conjunction with the ordinance, the Board must
also consider the ordinance relating to burn permit fees,
indicating that the public hearing on this ordinance was held
March 26, 2003. He stated that since the March 26th public
hearing, Mr. Barber is recommending a series of revisions to
the existing open burning regulations which would limit open
burning to only those times when environmental conditions are
favorable and would increase the distance of the burning
location from an occupied dwelling.
Mr. Warren called for the public hearing.
Mr. Chris Andreano, representing the Chesterfield County
Chamber of Commerce stated that he feels banning open burning
would add an additional undue burden on the development
community. He expressed concerns that excess debris would
create a tremendous problem at county landfills and stated he
supports additional distance requirements and limiting
burning to times when conditions are favorable, but feels a
total ban is inappropriate.
Mr. Roy Wallace stated that he feels clean air is a necessity
in the county and he supports the proposed ordinance.
Ms. Lendy Gay provided details of the serious respiratory
difficulties her family has incurred because of open burning
behind her home. She urged the Board to ban open burning in
the county.
Mr. Bill Stinson stated that he is in the stump grinding
business and provides an alternative to open burning.
Ms. Donna Reynolds, Director of Community Relations for the
k~erican Lung Association of Virginia expressed concerns
relative to serious health risks caused by air pollutants and
urged the Board to adopt a more restrictive ordinance that
would completely ban open burning in the county.
Mr. Ron Gay expressed concerns relative to the financial,
physical and mental burdens his family sustained because of
open burning that was allowed behind his house. He stated
that although open burning saves money for contractors, it
causes an unnecessary burden upon county citizens.
Ms. Elizabeth Dwyer, representing Mr. Ron Gay and Ms. Lendy
Gay expressed concerns relative to the breathing difficulties
incurred by the Gay family and provided ten recommended
changes to the proposed ordinance. She stated that she will
provide her suggestions in writing to the Board.
Mr. Miller stated that he would like to see input from the
medical field regarding the distance of burning from a
residential site before choosing distances arbitrarily.
03-307
04/09/03
Mr. Scott Camp stated that smoke is emitted into the air from
wood burning fireplaces and inquired whether the proposed
ordinance would extend to wood burning fireplaces in the
home.
Mr. Micas stated the proposed open burning ordinance would
not include interior burning.
There being no one else to speak to the ordinance, the public
hearing was closed.
Mr. Barber stated that he originally suggested a total ban on
burning on an emergency basis, but did not receive the
Board's support. He further stated that, after meeting with
several individuals from the development community and
members of the Fire Department, three compromises have been
proposed - increased distance of burning location from an
occupied dwelling; hiring an assistant fire marshal through
the burn permit fee increase who would post on the county's
Internet site whether environmental conditions were favorable
for burning; and providing a dedicated phone line for
residents to call and access that information. He stated
that he plans to recommend a deferral of the issue until
April 23, 2003 to allow for consideration of the proposed
compromises. He further stated that he has contacted two
developers with existing burn permits in the Midlothian
District and informed them of the Gay family's health issues,
and indicated that the developers have either agreed not to
burn or to abide by the proposed compromises. He stated this
is a county-wide issue and he hopes the Board will be
comfortable with enacting stricter standards.
Mr. Miller stated that developers share the county's concerns
relative to health issues. He inquired whether a two-week
deferral would provide sufficient time to receive data from
the medical field relative to the burning issue, and
recommended a longer deferral time.
Mr. Barber stated that both the Fire Department and the
development community support the compromise of the burn site
being 1,000 feet from residential development and indicated
that the state minimum is 500 feet. He further stated that
he is not sure anyone can provide definitive information
relative to the distance issue and health risks.
Mr. Miller stated that he feels someone from the medical
profession should be able to provide some insight into the
matter that would help the Board in making its decision.
Mr. Warren stated that Dr. Nelson could provide the Board
with insight and indicated that the matter could be deferred
again if the information was not available before April 23,
2003.
Mr. Barber noted that the state bans burning throughout the
summer and open burning is more of an issue in the spring and
fall when people are involved in outside activities.
Mr. Miller.stated that he wants to get a better definition of
the distance issue from the medical experts prior to voting
on the issue.
03-308
04/09/03
Mr. Barber stated that if Dr. Nelson or other medical
professionals are unable to provide the Board with
information before April 23, 2003, he will request an
additional deferral.
Mr. Barber then made a motion, seconded by Mr. McHale, for
the Board to defer consideration of the ordinance banning
open burning of debris waste in the county until April 23,
2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren requested a five-minute recess.
Reconvening:
8.A.5. TO CONSIDER AN ORDINANCE AMENDMENT RELATING TO FIRE
DEPARTMENT FEE CHAN~ES
After brief discussion, on motion of Mrs. Humphrey, seconded
by Mr. Barber, the Board deferred consideration of an
ordinance amendment relating to Fire Department fee changes
until April 23, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.D. TO CONSIDER AN ORDINANCE TO PROHIBIT HUNTING ON
SWIFT CREEK RESERVOIR WITHIN ONE-HALF MILE OF ANY
RESIDENTIAL SUBDIVISION
Mr. Micas stated that this date and time has been advertised
for a public hearing to consider an ordinance to prohibit
hunting on Swift Creek Reservoir within one-half mile of any
residential subdivision. He further stated that in order for
the prohibition to be effective for the upcoming hunting
season, the ordinance must be adopted by May 1, 2003 and the
hunting restrictions would have to be posted around the
reservoir. He provided a history of the ownership of the
Swift Creek Reservoir, stating that the county only obtained
impoundment easements to create the reservoir and did not go
to the additional expense to acquire the underlying property
ownership. He stated that the property owners bordering the
reservoir retained the ability to enjoy general recreation
use and precluded general public access to the Swift Creek
area. He further stated that the property owners retain the
ability to regulate hunting, fishing and recreational use in
the Swift Creek Reservoir area and noted that both the
Brandermill and Woodlake Community Associations and other
property owners tried to prohibit hunting during 2002,
indicating that this could be enforced through a general
trespass ordinance. He stated that the proposed ordinance
would supersede the private ability of the property owners to
regulate hunting.
Mr. Warren called for the public hearing.
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Mr. Tom James stated that he supports hunting on the
reservoir and feels an acceptable compromise can be reached.
He further stated that he feels the half-mile restriction is
a little excessive.
Mr. Roy Wallace stated that he feels 600 feet is restrictive
enough and does not support additional restrictions on
hunting. He inquired whether the county could condemn a
piece of the property for hunting.
Mr. Micas stated the county could not condemn property for
hunting, but could do so for general access.
Ms. Belinda Ricketts, President of the Woodlake Community
Association Board of Directors stated that the Swift Creek
Reservoir is an amenity that adds to the quality of life of
Woodlake residents. She expressed concerns that hunting on
the reservoir impacts the safety of the residents. She
stated that the proposed compromise is a step in the right
direction and will address some of the residents' concerns.
She requested that action be deferred until April 23, 2003 to
allow additional time to research the original agreements
between the county and landowners for the formation of the
reservoir.
Mr. Graham Daniels expressed concerns that sportsmen look at
the proposed ordinance as an attack on hunting rather than
addressing safety concerns. He stated that deer hunting is
permitted within the statewide rule of 200 yards from a
residence, and indicated that hunters are concerned with what
regulations the county will impose upon deer hunting if they
are considering a half-mile distance for duck hunting. He
further stated that he feels there needs to be a tolerance of
all citizens' rights to enjoy the community's resources,
indicating that hunters are reasonable people and are willing
to look at legitimate safety concerns. He stated that, if
the reservoir is, in fact, private and the owners have a
legal right to prohibit hunting, the county should not be
considering the proposed ordinance. He suggested that the
200-yard distance be modified by measuring it from the shore
line rather than from a residence. He stated that a minor
adjustment such as this could be accepted by hunters and
attributed to valid safety concerns as opposed to an anti-
hunting sentiment, indicating that to go beyond that would be
viewed as an attack on hunters and establishing of a
precedent and fears the prohibition could be extended to
other part of the county.
When asked, Mr. Daniels provided estimated details relative
to the carry distance for shots appropriate for duck hunting.
He suggested that the Board not adopt the proposed ordinance
and let the private property owners deal with the issue, or
at least consider the compromise proposal that was suggested
at a meeting hosted by Mrs. Humphrey relative to the issue.
Mr. Mike Divita, Community Manager for the Brandermill
Community Association stated that Brandermill has a vested
interest in the reservoir that is used for a wide variety of
uses, and indicated that he supports a deferral of the issue
to allow time for additional discussion to arrive at a
compromise.
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04/09/03
Mr. Keith Boyd, a volunteer safety instructor for the
Department of Game and Inland Fisheries stated that he fears
adoption of the proposed ordinance would eventually eliminate
some traditional hunting grounds that his friends and family
have been enjoying for many years. He further stated that
there are laws to protect citizens from irresponsible
handling of firearms and noted that shots appropriate for
duck hunting would probably not travel much further than 150
yards. He encouraged the Board not to adopt the proposed
ordinance.
Ms. Karen Kern, a Woodlake resident expressed concerns that
her children were canoeing on the lake when she heard
gunshots from hunters. She stated that her primary concern
is public safety and feels that hunting should not be allowed
in densely populated areas.
Mr. Philip Van Cleave, President of the Virginia Citizens
Defense League stated that the Woodlake Association does not
speak for many of the residents in Woodlake. He further
stated that there have been no incidents of wrongdoing by
hunters and he does not feel they should be punished. He
expressed concerns that geese are nuisances and their
droppings will ruin lakes and reservoirs. He stated that
this type of animal needs predators and he feels the county
should not be involved in this issue.
Mr. Mike Kaske requested that any action taken by the Board
be applicable to the entire reservoir rather than just a part
of it.
Ms. Kathy Donahue submitted a petition signed by Lakepointe
residents supporting the proposed ordinance. She provided
the Board with a photograph depicting Lakepointe adjacent to
the shortest span of the reservoir and expressed concerns
relative to hunting violations and trespassing of hunters.
She stated that the reservoir is used for recreational
purposes as well as hunting and requested that strict,
enforceable measures be taken to protect the personal safety
of residents. She stated that she understands that the issue
of ownership of the lake might take precedence, and
Lakepointe will not take a stand relative to its own hunting
prohibitions until this issue has been resolved.
Mr. Dave Buckawitz, a Southshore resident expressed concerns
relative to the safety of residents who walk around the
reservoir, and stated that are plenty of places to hunt that
are not in heavy residential areas.
Mr. Paul Bonner, a Southshore resident expressed concerns
that some of the homes in Southshore are within 100 feet of
the lake. He stated that hunters are a nuisance to the
Southshore neighborhood.
Mr. Greg Russell stated that he is unaware of any incident
where a hunter has created harm to any individual or any
piece of property. He further stated that he feels 200 yards
from a residence is a reasonable and safe distance and feels
all residents should be able to enjoy the reservoir. He
stated that hunting is a right provided it is done safely
with considerations for others, and expressed concerns that
the amount of additional vegetation in the reservoir could be
attributable to the increased geese population. He further
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04/09/03
stated that he supports the proposed compromise increased
distance and feels it will address safety if that is truly
the issue.
Mr. Donald Miller expressed concerns that the issue just
arose during the 2002 hunting season and there have been no
incidents in the past. He stated that he does not feel there
is a safety issue and fears if the ordinance is adopted, it
will create a problem that will have a snowball effect and
expand throughout the entire county, and indicated that
because the county does not own the property he does not feel
it should even be involved. He stated that duck hunting on
water east of Interstate 95 requires the purchase of a tag
which when placed on a blind in the water allows that person
1,000 yards of hunting in all directions, and duck hunting on
water west of Interstate 95 is permissible without a tag.
Ms. Arvetta Cummings, a Woodlake resident expressed concerns
relative to safety of residents who use the reservoir for
recreational purposes and feels the hunters should be
required to relocate because of increased population.
Mr. Ronnie Luck stated he feels the county should require
hunters to purchase and post blind tags, indicating this
would address the issue of safety. He expressed concerns
that adoption of the proposed ordinance would lead to
expansion of the one-half mile distance county-wide and he
would no longer be able to shoot skeet on his property.
Mr. Kevin Carroll stated that the county should not be
involved in the issue if the property belongs to the
residents of Woodlake and Brandermill. He further stated
that he feels there are existing laws that can be enforced
and suggested that, if a compromise distance is adopted,
buoys be posted showing the legal distance, indicating this
would give the residents as well as law enforcement officers
the ability to enforce violations.
Mr. Tim Martin stated he supports hunting on the reservoir
and feels all residents should be able to use the water above
the land. He further stated that he also supports placement
of buoys marking the legal distance from the shoreline to
provide a means of enforcement.
There being no one else to speak to the ordinance, the public
hearing was closed.
Mr. Warren recognized three members of the Department of Game
and Inland Fisheries who were present at the meeting.
Mrs. Humphrey stated that she met with various stakeholders
to discuss the proposed ordinance. She recommended another
meeting of all parties involved, including the County
Attorney, be scheduled to determine whether or not this is,
in fact, a county issue. She stated that those who attended
her meeting expressed concerns relative to public safety of
the communities around the lake; use of the lake during the
migratory game season and controlling the geese population.
She further stated that the Lakepointe Community has a
general problem with trespassing and much of Woodlake's
public recreational space is located on a very narrow section
of the reservoir, indicating that that is her primary safety
concern. She stated that a compromise was proposed that no
03-312
04/09/03
firearm could be discharged within 200 yards from the
shoreline rather than from existing dwellings. She further
stated that the compromise would eliminate the use of ~Duck
Island" as a blind for hunters. She stated that a second
recommendation would be the formation of a committee
appointed by the Board, comprised of all stakeholders
involved, a county game warden and a Police Department
representative to meet in the fall prior to duck season to
identify hot spots and again in the spring to evaluate the
proposed compromise ordinance and recommend any adjustments
that need to be made. She stated that she will request a
deferral until April 23, 2003 so that the County Attorney and
others can determine who actually controls the uses under the
lake, stating that if it is the landowners, it becomes a
private enforcement issue and the county should not be
involved.
Mr. Miller stated that he supports a two-week deferral to
allow time to further determine ownership of the property.
Mr. Warren stated that he will support a deferral and
requested that the determination made relative to ownership
be provided in writing to the Board prior to the meeting.
Mrs. Humphrey requested that current GIS maps of the area be
provided to all Board members.
Mr. Barber stated that if it is determined ownership of the
property is private, he feels the Board should not be
involved.
Mr. McHale stated that he concurs with Mr. Barber and feels
the property owners should be responsible for protecting
their property.
Mr. Warren expressed concerns relative to enforcement issues.
Major Mike Bise with the Department of Game and Inland
Fisheries stated that if associations have posted no hunting
signs, the prohibition can be enforced by any officer having
jurisdiction in that particular location, including county
and state police officers and officers of the Department of
Game and Inland Fisheries. He further stated that
trespassing requires action by the victim to let the
perpetrator know he is not supposed to be there. He
expressed concerns relative to difficulty in determining
ownership of the property by looking at the open body of
water, and indicated that this information would be crucial
in a court prosecution.
Mr. Warren stated he will support a deferral.
When asked, Mr. Micas stated that invitees of the property
owners would also be allowed use of the reservoir.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
deferred consideration of the ordinance to prohibit hunting
on Swift Creek Reservoir within one-half mile of any
residential subdivision until April 23, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren excused himself from the meeting.
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04/09/03
16.E. TO CONSIDER TW~. CONVEYANCE OF 5.1 ACHES ON CHESTER
ROAD TO Cw~.STERFIELD ALTERNATIVES, INCORPORA~-D
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider the conveyance of 5.1 acres
on Chester Road to Chesterfield Alternatives, Incorporated.
Mr. McHale called for the public hearing.
Mr. Ernest Johnson stated that Chesterfield Alternatives,
Incorporated (CAI) enjoys a very successful partnership with
the Chesterfield County Community Services Board (CSB). He
further stated that CAI currently owns and manages a number
of community residences that are leased back to the CSB to
provide housing for approximately 60 county residents. He
stated that the CSB has asked CAI for assistance in
developing a new facility for the current Chester House
Program in partnership with the county, indicating that this
is a new venture for CAI. He stated that CAI is eager to
complete this worthwhile project and requested the Board's
support of the proposed property conveyance.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Warren returned to the meeting.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the conveyance of 5.1 acres on Chester Road to
Chesterfield Alternatives, Incorporated.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF AN
UNIMPROVED RIGHT OF WAY KNOWN AS BELLEAU DRIVE WITHIN
BONAVENTURE, SECTION 1
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider an ordinance to vacate a
portion of an unimproved right of way known as Belleau Drive
within Bonaventure, Section 1.
Mr. Warren called for the public hearing.
No one came forward to speak to the ordinance.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
adopted the following ordinance:
03-31&
0&/09/03
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to ALEXANDER J. BILTER, a/k/a
ALEX J. BILTER, SR. and CAROL M. BILTER,
("GRANTEE"), a portion of an unimproved
right of way known as Belleau Drive
within Bonaventure, Section 1, MIDLOTHIAN
Magisterial District, Chesterfield
County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's
Office of the Circuit Court of
Chesterfield County in Plat Book 12, at
Page 51.
WHEREAS, ALEXANDER J. BILTER, a/k/a ALEX J. BILTER, SR.
and CAROL M. BILTER, petitioned the Board of Supervisors of
Chesterfield County, Virginia to vacate a portion of an
unimproved right of way known as Belleau Drive, Bonaventure,
Section 1, MIDLOTHIAN Magisterial District, Chesterfield
County, Virginia more particularly shown on a plat of record
in the Clerk's Office of the Circuit Court of said County in
Plat Book 12, Page 51, by GEO. M. STEPHENS, JR., dated MAY
17, 1961, recorded MAY 29, 1961. The right of way petitioned
to be vacated is more fully described as follows:
A portion of an unimproved right of way
known as Belleau Drive within
Bonaventure, Section 1, the location of
which is more fullyi shown on a plat made
by UTILITIES DEPARTMENT CHESTERFIELD
COUNTY, VIRGINIA, dated APRIL 1, 2003, a
copy of which is attached hereto and made
a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the right of way sought to ibe 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 right of way be and
is hereby vacated.
GRANTEE hereby conveys unto the GRANTOR and GRANTOR
hereby reserves a variable width sewer and water easement, as
shown on the attached plat.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
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04/09/03
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 right of way hereby vacated in the
property owner of Lot 1, Block A, Bonaventure, Section 1 free
and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and ALEXANDER
J. BILTER, a/k/a ALEX J. BILTER, SR. and CAROL M. BILTER, or
their successors in title, as GRANTEE.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.G. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF EASEMENTS FOR THE BERMUDA ORCHARD
WATERLINE PROJECT AND AUTHORIZATION TO TAKE SUCH
EASEMENTS PRIOR TO EMINENT DOMAIN PROCEEDINGS
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider the exercise of eminent
domain for the acquisition of easements for the Bermuda
Orchard Waterline Project and authorization to take such
easements prior to eminent domain proceedings.
Mr. Warren 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
approved the exercise of eminent domain for the acquisition
of easements for the Bermuda Orchard Waterline Project, and
authorized staff to take such easements prior to eminent
domain proceedings.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
10.C. CLOSED MEETING PURSUANT TO SECTION 2.2-3711(A)(7),
CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION
WITH LEGAL COUNSEL REGARDING SPECIFIC LEGAL MATTERS
REQUIRING THE PROVISION OF LEGAL ADVICE RELATING TO
REBECCA B. AND C. LELAND BASSETT
On motion of Mr. Barber, seconded by Mr. Warren, the Board
went into a Closed Meeting pursuant to Section 2.2-
3711(A) (7), Code of Virginia, 1950, as amended, for
consultation with legal counsel regarding specific legal
matters requiring the provision of legal advice relating to
Rebecca B. and C. Leland Bassett.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Reconvening:
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
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0&/09/03
WHEREAS, the Board of Supervisors has this day adjourned
into a Closed Meeting in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Meeting was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Meeting to which
this certification applies, and
ii) only such public business matters as were identified
in the Motion by which the Closed Meeting was convened were
heard, discussed, or considered by the Board. No member
dissents from this certification.
The Board being polled, the vote was as follows:
Mr. Miller: Aye.
Mrs. Humphrey: Aye.
Mr. Barber: Aye.
Mr. McHale: Aye.
Mr. Warren: Aye.
17. ADJOURNMENT
On motion of Mrs. Humphrey,~ seconded by Mr. McHale, the
Board adjourned at 10:49 p.m. until April 23, 2003 at 4:00
p.m.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
L~e B. Ramsay J
County Administrato~
Arthur S. Warren
Chairman
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04/09/03