07-25-2001MinutesBOARD OF SUPERVISORS
MINUTES
July 25, 2001
Supervisors in Attendance:
Mrs. Renny B. Humphrey, Chairman
Mr. Kelly E. Miller, Vice Chrm.
Mr. Edward B. Barber
Mr. J. L. McHale, III
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Dir., Community Services
Board
Mr. Craig Bryant, Dir.,
Utilities
Mr. Steven Calabro, Dir.,
County Airport
Dr. Billy K. Cannaday, Jr.
Supt., School Board
Mr. N. E. Carmichael,
Commissioner of Revenue
Mr. Allan Carmody, Budget
Manager
Ms. Jana Carter, Dir.,
Youth Services
Ms. Marilyn Cole, Asst.
County Administrator
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Ms. Lisa Elko,
Clerk
Chief Stephen A. Elswick,
Fire Department
Mr. Marty Franciscus,
Sr. Contract Admin.,
Purchasing Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr Thomas E. Jacobson,
Dir., Planning
Mr Donald Kappel, Dir.,
Public Affairs
Ms Liz Kashurba, Project
Mgr., Economic Development
Mr Louis Lassiter, Dir.,
Internal Audit
Ms Mary Lou Lyle,
Dir., Accounting
Mr Jacob W. Mast, Jr.,
Nursing Home Admin.
Mr R. John McCracken,
Dir., Transportation
Mr Richard M. McElfish,
Dir., Env. Engineering
Mr Steven L. Micas,
County Attorney
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Dr. William Nelson,
Dir., Health
Mr. Francis Pitaro, Dir.,
General Services
Ms. Brenda Shearer, Chief
of Admin., Bldg. Inspection
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas A. Taylor, Dir.,
Block Grant Office
Mr. Scott Zaremba, Asst.
Dir., Human Resource
Management
Mrs. Humphrey called the regularly scheduled meeting to order
at 3:17 p.m.
1, APPROVAL 0F MINUTES
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved the minutes of June 20, 2001, as submitted, and
reaffirmed the Board's intention to make motions prior to the
vote on each of the resolutions certifying the Closed Sessions.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey introduced Delegate Kirk Cox to make a
presentation.
Delegate Cox read the following resolution which was
adopted by the 2001 General Assembly:
WHEREAS, the United States Senate Productivity and
Quality Award (SPQA) program was established in 1982 to
foster awareness across the nation of the need for
improving quality and productivity and to recognize
exemplary accomplishments by both the public and private
sectors in the areas of quality and productivity; and
WHEREAS, Chesterfield County's government was awarded
the program's Medallion of Excellence for its achievements
in quality and productivity in 1994; and
WHEREAS, for its continuing efforts to improve the
quality and productivity of its public services,
Chesterfield County's government was awarded the program's
ACE Award in 1998; and
WHEREAS, in 1999 Chesterfield County's public school
system was the only public sector organization in Virginia
to win the program's Medallion of Excellence; and
WHEREAS, Chesterfield County has the distinction of
being the only locality in Virginia where both the local
government and the public schools have won this
prestigious recognition for quality and productivity based
on national standards of excellence; and
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WHEREAS, in recognizing the excellence of
Chesterfield's government and schools, the United States
Senate's Medallion of Excellence and ACE Awards are
tributes to the dedicated efforts of the many individuals
who have created in Chesterfield County one of the finest
systems of government and public schools in Virginia; now,
therefore, be it
RESOLVED by the House of Delegates, the Senate
concurring, That the General Assembly commend the
Chesterfield County government and public schools for
their well-earned and well-deserved United States Senate
recognitions; and, be it
RESOLVED FURTHER, That the Clerk of the House of
Delegates prepare copies of this resolution for
presentation to Dr. Billy K. Cannaday, Jr., superintendent
of Chesterfield schools, and Lane B. Ramsey, Chesterfield
County administrator, as an expression of the General
Assembly's admiration for the exceptional performance of
the Chesterfield County government and public schools.
Delegate Cox presented executed resolutions to Mr. Ramsey,
accompanied by Mrs. Humphrey, and to Dr. Cannaday,
accompanied by Ms. Dianne Pettitt, Clover Hill District
School Board representative, and commended them on the
excellent performance of both County employees and School
System employees.
Mrs. Humphrey expressed appreciation to Delegate Cox for
the recognition and also for the support he provides to
Chesterfield County.
Mr. RamseY stated that for the twentieth consecutive year
the Accounting Department has received the Government
Finance Officers Association (GFOA) Certificate of
Achievement for Excellence in Financial Reporting. He
commended Ms. Lyle on the high standard she sets for her
department.
Mr. McHale, accompanied by Mr. Ramsey and Mr. Warren,
presented the Certificate of Achievement, the Award for
Financial Reporting Achievement, and other gifts from her
staff to Ms. Lyle and commended her on the Accounting
Department's continued excellence.
Mr. Warren commended Ms. Lyle on the leadership she
provides and the excellence of her staff.
Ms. Lyle expressed appreciation for the recognition and
stated that the award is a reflection of her excellent
staff.
Mrs. Humphrey recognized Girl Scout Becka Lowe and her
father, Dr. Burt Lowe, who were present at the meeting.
Mr. Ramsey recognized the participants in the County's
program for internships in cultural diversity who
introduced themselves. He also recognized Ms. Judy
Williams, EEO Employment Administrator with Human Resource
Management, who is coordinating the internship program.
Dr. Nelson provided an update regarding the progress of
staff's efforts to recommend actions and solutions to
septic system problems in Rayon Park. He stated that the
majority of the units in Rayon Park have been surveyed
relative to the performance of septic systems, and noted
that between four and six percent of the residents who
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responded to the survey listed serious problems with
discharge of sewage onto the surface of the ground. He
further stated that the properties were physically viewed
by staff in April 2001, and noted that 75 percent of the
properties had no sign of failure; eight percent could not
be reached for various reasons; nine percent had soft
ground; three percent had an odor; and approximately five
percent had an actual sewage discharge to the surface. He
stated that eight systems that were seriously failing were
identified in Rayon Park. He further stated that cost
estimates for replacing the eight systems average $16,000
per system. He stated that, according to past history,
approximately two systems will fail annually and multi-
family rental units are more likely to fail.
Mr. Ramsey stated that staff is continuing to evaluate the
potential for public sewer in Rayon Park.
Dr. Nelson stated that one very serious and immediate
violation was discovered during the property evaluations
which was corrected immediately. He further stated that,
at this time, there are no urgent threats, but as cooler
weather arrives, the potential for sewage discharge
increases.
Mr. Miller expressed concerns relative to the factors that
led to failure of each of the septic systems.
Dr. Nelson stated that the failures appear to be age
related and are more likely to occur in multiple-family
units with a higher rate of water usage.
When asked, Dr. Nelson stated that most of the property
owners could be contacted using the Real Estate Assessor's
records if the County were to commence with a sewer
project.
Mr. Barber questioned the average number of annual septic
system failures within subdivisions.
Dr. Nelson stated that approximately 110 repair permits
are issued for the entire County annually, and two
failures per year in Rayon Park is a higher than average
rate for a subdivision.
When asked, Dr. Nelson stated that he does not feel there
is a need to be concerned about pollutants getting into
groundwater and triggering the failures of the septic
systems. He further stated that a variety of
interventions may be necessary in the winter months to
address problems if the systems are not repaired.
Mr. Ramsey stated that staff will provide a recommended
strategy to address the failure of the septic systems by
September 2001. He further stated that he, Dr. Nelson and
other staff will be attending a public meeting at Defense
Supply Center Richmond (DSCR) on July 26, 2001 relative to
environmental issues in the DSCR/Rayon Park vicinity.
3. BOARD COMMITTEE REPORTS
There were no Board Committee Reports at this time.
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REOUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
added Item 8.B.l.e., Approval of Change Order for the Old
Hundred Road Shoulder Project; replaced Item 8.B.13.,
Initiation of a Re-zoning Application for the Old La Prade
Library; replaced Item 8.B.22., Authorization to Exercise
Eminent Domain for the Acquisition of an Easement for the
Midlothian Water Tank and Pump Station Phase II Off-Site
Waterline; added Item 8.B.24., Authorization to Consent to Mr.
Scott Camp's Application to Amend a Previously Granted Zoning
for a Development that Includes Property Owned by Chesterfield
County; added Item 8.B.25., Request for Music/Entertainment
Festival Permit for Sundays' Restaurant Outdoor Concert; added
Item 8.B.26., Award of Construction Contract for Construction
of Chalkley Elementary School Concession/Restroom Building and
Associated Sitework and Utilities; and adopted the Agenda, as
amended.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
5,ao
RECOGNIZING PHILIP MORRIS U.S.A. FOR ITS DONATION TO
THE DEPARTMENT OF FIRE AND EMERGENCY MEDICAL SERVICES
Battalion Chief Mark Nugent introduced Ms. Terry Hanson,
Director of Community Relations for Philip Morris U.S.A., who
was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the vision of the Department of Fire and
Emergency Medical Services is "to be the premier provider of
public safety services, utilizing our people as the critical
resource to accomplish our goals"; and
WHEREAS, promoting and providing pro-active fire and life
safety public education to all of our customers is our number
one defense against fire injuries and deaths in our community;
and
WHEREAS, building partnerships with those in our community
is the foundation to providing this needed fire and life safety
public education; and
WHEREAS, Philip Morris U.S.A. has partnered with our
department to assist in the purchase of a fire and life safety
training trailer, to allow us to carry our public education
programs to our citizens; and
WHEREAS, Philip Morris U.S.A. has designated the
Department of Fire and Emergency Medical Services as the
recipient of a $40,000 grant to purchase a tow vehicle; and
WHEREAS, this vehicle will allow the safe transport of the
fire and life safety house and our instructors as our safety
programs are delivered to over 10,000 children each year.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Philip Morris
U.S.A., and its valuable employees for their generous
contribution to the Department of Fire and Emergency Medical
Services, and to the citizens of Chesterfield County; and
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acknowledges its community support in making Chesterfield
County, Virginia, the safest and most secure community of its
size in the U.S.A.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution to Ms. Hanson,
accompanied by Chief Elswick, and expressed appreciation for
the generous contribution of Philip Morris U.S.A.
Ms. Hanson expressed appreciation to the Board for the
recognition.
5.B. RECOGNIZING MEMBERS OF THE HEALTH CENTER COMMISSION
5.B.1. MR. WAYNE L. EDMUNDS
Mr. Hammer introduced Mr. Wayne Edmunds who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Wayne L. Edmunds served as a member of the
1992 Transition Committee and reviewed alternative
organizational structures for Lucy Corr Village and made
recommendations to the County Board of Supervisors; and
WHEREAS, Mr. Edmunds has served as a volunteer
representative for the Bermuda District and the Chairman of the
Chesterfield County Health Center Commission from February 1993
through June 2001 with devotion and an undaunted effort admired
by all; and
WHEREAS, being a member of the Health Center Commission,
Mr. Edmunds facilitated the development of an operational
transition time line which included policy development, a
benefit program and organizational restructuring; and
WHEREAS, Mr. Edmunds successfully completed the initial
draft operations report presented to the Board of Supervisors
in the spring of 1993, and also expedited a smooth transition
of Lucy Corr Village from a department of Chesterfield County
to an independent, Health Center Commission; and
WHEREAS, Mr. Edmunds provided his expertise in the
facility design, and complex financial planning, which
culminated in the construction of the new 240 bed facility and
renovation of the Lucy Corr Nursing Home for use as the Adult
Day Care and Assisted Living areas; and
WHEREAS, during Mr. Edmunds' tenure, he contributed his
fiscal skills as a member of the Commission's Finance Committee
which resulted in a detailed financial plan for the new
operation beginning July 1, 1993; and
WHEREAS, Mr. Edmunds also exhibited his extensive
experience in financial planning and management, which
contributed to the restructuring of the Brandermill Woods
Retirement Community Board and the subsequent refinancing which
enabled Brandermill Woods to complete its reorganization under
Chapter 11; and
WHEREAS, Mr. Edmunds has shown an unwavering commitment,
loyalty and visionary leadership of such magnitude that it has
brought recognition and credit not only to himself, but also to
Chesterfield County, the Chesterfield County Health Center
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Commission and Lucy Corr Village.
NOW, THEREFORE BE IT RESOLVED, that the Board of
Supervisors and the Chesterfield County Health Center
Commission publicly recognizes the outstanding contributions of
Mr. Wayne L. Edmunds and extends, on behalf of its members,
Lucy Corr Village, and the citizens of Chesterfield County,
their sincere appreciation for his service and dedication to
improving the quality of life to those we serve.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Edmunds and that this resolution
be permanently recorded among the papers of the Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution to Mr. Edmunds,
accompanied by members of the Health Center Commission, and
expressed appreciation for his contributions to the Health
Center Commission.
Mr. Edmunds expressed appreciation to the Board for the
recognition and also for its support of the Commission and Lucy
Corr Village.
5.B.2. MR. N. LESLIE SAUNDERS, JR.
Mr. Hammer introduced Mr. N. Leslie Saunders, Jr. who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. N. Leslie Saunders, Jr. has served as a
volunteer member of the Chesterfield County Health Center
Commission from February 1993 through June 2001 displaying a
sense of professional integrity and commitment admired by all;
and
WHEREAS, Mr. Saunders began in August of 1993 diligently
working with Chesterfield County, to ensure a strong foundation
for the transition of the governing authority of Lucy Corr
Nursing Home from a department of Chesterfield County to an
independent Health Center Commission; and
WHEREAS, Mr. Saunders' legal expertise was instrumental in
the development of operational policies and programs; and
WHEREAS, as Chairman of the Construction Committee, Mr.
Saunders exhibited his strong commitment to the vision and
mission of the organization throughout the construction project
which comprised 224 skilled beds including a 48 bed Dementia
Special Care Unit, 16 assisted living units and space for Adult
Day Care, Phase I being followed by the renovation of the
original nursing home and addition of 48 Assisted Living units
which opened March 2001; and
WHEREAS, during all eight years of his service, Mr.
Saunders further extended his participation as Vice Chairman of
the Commission while also representing the Dale District; and
WHEREAS, Mr. Saunders' extensive legal expertise and
management skills promoted the Brandermill Woods Retirement
Community negotiations with Bondholders which brought about the
resolution of legal issues relating to the restructuring of the
Brandermill Woods Board and the financial structure process
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that enabled Brandermill Woods to complete its reorganization
under Chapter 11; and
WHEREAS, Mr. Saunders exhibited a devotion, steadfastness
and sense of fair play that will be challenging to duplicate.
NOW, THEREFORE BE IT RESOLVED, that the Board of
Supervisors and the Chesterfield County Health Center
Commission publicly recognizes the outstanding contributions of
Mr. N. Leslie Saunders and extends, on behalf of its members,
Lucy Corr Village, and the citizens of Chesterfield County,
their sincere appreciation for his service and dedication to
improving the quality of life to those we serve.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Saunders and that this
resolution be permanently recorded among the papers of the
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution to Mr.
Saunders, accompanied by his wife and members of the Health
Center Commission, and expressed appreciation for his
contributions to the Health Center Commission.
Mr. Saunders expressed appreciation to the Board for the
recognition and also for its support of Lucy Corr Village.
5oCo
RECOGNIZING THE UPSTART 8. LEADERSHIP METRO RICHMOND
CLASS OF 2001 FOR ITS EFFORTS TOWARDS ESTABLISHING A
BQYS AND GIRLS CLUB IN CHESTERFIELD COUNTY
Mr. Stegmaier called forward members of the UPSTART 8,
Leadership Metro Richmond (LMR) Class of 2001, who were present
at the meeting.
Mr. Pitaro introduced Ms. Mary Kuo, Ms. Kim Lewis, and Colonel
Carl Baker, members of the UPSTART 8 LMR Class, and also
introduced Ms. Jana Carter, principal consultant for the class.
He recognized Ms. Alice Hansbarger, Director of the first
Chesterfield County Boys and Girls Club, who was present at the
meeting.
On motion of the Board, the following resolution was adopted:
WHERAS, Leadership Metro Richmond (LMR), has been in
existence for twenty years serving the greater Metro Richmond
area; and
WHEREAS, the UPSTART 8 was a project team of the LMR Class
of 2001, and its members include: Mary Kuo, Kim Lewis, Betsy
Nelson, Edward McCoy, Danny Morrow, Gene Winter, Carl Baker and
Fran Pitaro; with Lou Zammett as facilitator and Jana Carter as
principle consultant; and
WHEREAS, the UPSTART 8 selected as its class project to
establish a Boys and Girls Club in Chesterfield County; and
WHEREAS, through their efforts in coordination with Youth
Services, Falling Creek Middle School, the Boys and Girls Club
of Metro Richmond and other public and private agencies, the
UPSTART 8 was able to establish an active program; and
WHEREAS, the first Chesterfield County Boys and Girls Club
was established on May 31, 2001, at the Falling Creek Middle
School; and
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WHEREAS, the Chesterfield County Boys and Girls Club will
provide valuable social, athletic and educational programs for
the youth in the Meadowdale area; and
WHEREAS, Chesterfield County truly appreciates
outstanding contributions made by the UPSTART 8.
the
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the UPSTART 8
for its efforts towards establishing a Boys and Girls Club in
Chesterfield County and expresses appreciation for its
contributions to the County in meeting its goal of being a
First Choice Community.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to the UPSTART 8 and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
Mrs. Humphrey presented executed resolutions to members of the
UPSTART 8 LMR class and expressed appreciation for their
innovative efforts in establishing the first Boys and Girls
Club in the County.
Colonel Baker expressed appreciation for the Board's support of
the Boys and Girls Club and also the support of the community.
(It is noted that resolutions will also be presented to members
of the UPSTART 8 LMR class who were unable to attend the
meeting at a later time.)
6. WORK SESSIONS
6.A. COMMITTEE ON THE FUTURE ANNUAL REPORT
Mr. John Gibney, Chairman of the Committee on the Future,
presented a report on the status of the Committee on the
Future's current report topic addressing the aging of the
population. He reviewed the following preliminary findings of
the Committee: the percentage of the population in the older
age cohorts has steadily increased over the last twenty years;
the County's tax base could decrease because of an increase in
residents on fixed incomes; increased age leads to increased
diversity in needs; approximately 90 percent of the respondents
in a national survey aged 55 and over indicated they would like
to remain in their current housing as long as possible;
mobility is essential for independence; retirement is
increasing from several years to two or more decades; needs of
the older segment of the population are being addressed by
market forces; the Internet has become an additional resource
for dissemination of information to older residents; and long-
term care issues will affect a large percentage of the
population. He stated it is anticipated that the full report
will be completed by June 2002. He then presented a status
update concerning previous Committee reports and stated that 83
percent of the recommendations from past reports have either
been implemented or are in progress.
Mr. McHale commended the members of the Committee on the Future
for the quality of their recommendations as evident by the
number that have been implemented.
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6.B. 2001 GENERAL ASSEMBLY LEGISLATION
Mr. Micas presented a brief summary of 2001 General Assembly
legislation affecting the County.
Mrs. Humphrey excused herself from the meeting.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved staff's recommendation to set public hearing dates for
legislative items relative to on-site examiners of septic
systems; recovery of driving under the influence (DUI)
expenses; increased fines for parking violations; and refer to
the Planning Commission with a recommendation to amend the
County Code, the legislative item relative to additional time
for advertisement of Comprehensive Plans.
Ayes: Miller, Barber, McHale and Warren.
Nays: None.
Absent: Mrs. Humphrey.
7. DEFERRED ITEMS
There were no deferred items at this time.
S. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
suspended its rules at this time to allow simultaneous
nomination/appointment/reappointment of members to serve on the
Airport Advisory Board, Health Center Commission and Youth
Services Citizen Board.
Ayes: Miller, Barber, McHale and Warren.
Nays: None.
Absent: Mrs. Humphrey.
Mrs. Humphrey returned to the meeting.
8.A.1. AIRPORT ADVISORY BOARD
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
simultaneously nominated/appointed Dr. James F. McClellan to
serve on the Airport Advisory Board, representing the Matoaca
District, whose term is effective immediately and expires
February 14, 2004. (It is noted Dr. McClellan will fill the
unexpired term of the late Mr. John Lillard.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
$,A,2. HEALTH CENTER COMMISSION
On motion of Mr. McHale, seconded by Mr. Miller, the Board
simultaneously nominated/appointed Ms. Carol M. Crosby and Mr.
John A. Gibney, Jr. to serve as at-large members of the Health
Center Commission, whose terms are effective immediately and
expire June 30, 2005. (It is noted that, because of the
vacancies left by the resignations of Mr. N. Leslie Saunders
and Mr. Wayne Edmunds, current member Ms. Carol B. Conroy will
change from being an at-large member to a member representing
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the Dale District and current member Mr. Spenser (Sam) Moffett
will change from being an at-large member to a member
representing the Bermuda District.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.A.3. YOUTH SERVICES CITIZEN BOARD
On motion of Mr. McHale, seconded by Mr. Warren, the Board
simultaneously nominated/appointed/reappointed the following
youth members to serve on the Youth Services Citizen Board,
whose terms are effective July 1, 2001 and expire June 30,
2002:
Name
Ms. Leslie Wyatt
Ms. Ashley Bacon-Ward
Ms. Ashley Diersen
Ms. Jodi Bowman
Ms. Sarah Smith
Ms. Amber Forster
Mr. Paul Pelletier, Jr.
Ms. Victoria Davenport
Ms. Brittany Eddy
Ms. Lacey Birdsong
Mr. Christopher Barksdale
Mr. Glenn Pierce
District
Bermuda
Clover Hill
Clover Hill
Clover Hill
Dale
Dale
Dale
Midlothian
Midlothian
Matoaca
Matoaca
Matoaca
And, further, the Board nominated/reappointed Mr. Henry Mack,
adult member, to serve on the Youth Services Citizen Board,
whose term is effective July 1, 2001 and expires June 30, 2004.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B. CONSENT ITEMS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
removed the following items from the Consent Agenda to allow
for public comment: Item 8.B.8.d., Adoption of Resolution
Approving the Third Amendment to the 1964 Service Agreement
Between the Appomattox River Water Authority and the
Participating Jurisdictions; Item 8.B.10.b., Award of Contract
to Golder Associates Incorporated for the Operation and
Maintenance of the Northern Area and Chester Landfill Gas
Collection Systems; Item 8.B.22., Authorization to Exercise
Eminent Domain for the Acquisition of an Easement for the
Midlothian Water Tank and Pump Station Phase II Off-Site
Waterline; and Item 8.B.24., Authorization to Consent to Mr.
Scott Camp's Application to Amend a Previously Granted Zoning
for a Development that Includes Property Owned by Chesterfield
County.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.1. APPROVAL OF CHANGE ORDE~
8.B.l.a, TO PURCHASE ADDITIONAL RADIO EOUIPMENT
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the County Administrator to execute Change Order
Number 17 to the Motorola, Incorporated contract, in the amount
of $25,259, for the purchase of additional radio equipment at
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the County's request.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.l.b.
FOR REMOVAL AND REPLACE~NT OF UNSUITABLE SOILS FOR
THE JUVENILE DETENTION HOME PROJECT
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the County Administrator to execute a change order
with Kenbridge Construction Company, in the amount of $41,951,
for removal and replacement of unsuitable soils for the
Juvenile Detention Home Project.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.l.c.
FOR THE POCOSHOCK CREEK EMERGENCY SEWER LIN~
REPLACEMENT
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the County Administrator to execute a change order,
for a credit in the amount of $29,095.90, to the contract for
County Project Number 99-0235, Pocoshock Creek Emergency Sewer
Line Replacement, as a result of the contractor installing a
gravity bypass in lieu of bypass pumping.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.l.d. FOR RENOVATIQN QF THE BQN AIR AND MATQACA TANKS
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the County Administrator to execute a change order,
in the amount of $37,652.80, to the contract for County Project
Number 99-0038, Renovation of Bon Air and Matoaca Tanks, as a
result of out of pocket damages for resident inspection for the
project extending beyond the contract completion date.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.l.e. FOR THE OLD HUNDRED ROAD SHOULDER PROJECT
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the County Administrator to execute overlay change
orders up to $70,000 for the Old Hundred Road Shoulder ProjeCt.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
TRANSFER OF DISTRICT IMPROVEMENT FUNDS
FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE AND INSTALL MATERIALS TO
PROVIDE ELECTRI¢IT~ TQ A READER BOARD FOR BEULAH
ELEMENTARY SCHOOL
On motion of Mr. Warren, seconded by Mr. Miller, the Board
transferred $1,809 from the Dale District Improvement Fund to
the School Board for the purchase and installation of materials
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to provide electricity to a reader board at Beulah Elementary
School.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8 .B.2 .b.
FROM THE MIDLOTHIANDISTRICT IMPROVEMENT FUND TO
THE SCHOOL BOARD TO SUPPLEMENT THE FY2002 COMMUNITY
SERVICES CONTRACT BETWEEN THE COUNTY AND T~ATRE IV
On motion of Mr. Warren, seconded by Mr. Miller, the Board
transferred $5,000 from the Midlothian District Improvement
Fund to the School Board to supplement the FY2002 Community
Services Contract between the County and Theatre IV.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8 .B.2 .c.
FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE PLAYGROUND EOUIPM~NT FOR
FALLING CREEK ELEMENTARY SCHOOL
On motion of Mr. Warren, seconded by Mr. Miller, the Board
transferred $1,830 from the Dale District Improvement Fund to
the School Board to purchase playground equipment for Falling
Creek Elementary School.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8 .B.2 .d.
FROM THE MATOACA DISTRICT IMPROVE~NT FUND TO T~
EPPINGTON FOUNDATION TO COVER COSTS ASSOCIATED
WITH THE COLONIAL HERITAGE FAI~
On motion of Mr. Warren, seconded by Mr. Miller, the Board
transferred $1,500 from the Matoaca District Improvement Fund
to the Eppington Foundation for costs associated with the
Eppington Foundation Colonial Heritage Fair.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8 .B.2 .e.
FROM THE MATOACA DISTRICT IMPROVEMmNT FUND TO
PHILLIPS VOLUNTEER FIRE DEPARTMENT FOR PAINTING OF
THE PUBLIC MEETING ROOM AND THE ~TERIOR OF
FIRE STATION
On motion of Mr. Warren, seconded by Mr. Miller, the Board
transferred $2,735 from the Matoaca District Improvement Fund
to the Phillips Volunteer Fire Department for painting of the
public meeting room and the exterior of the fire station.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.2 .f.
FROM THE CLOVER HILL, DALE, MATOACA, AND MIDLOTHIA~T
DISTRICT IMPROVEMENT FUNDS TO THE PARKS AND
RECREATION DEPARTMENT TO DEFRAY TWm COST OF
PROVIDING ENTERTAINMENT FOR THE POCAHONTAS STATF
PARK 2001 PERFORMANCE SERIE~
On motion of Mr. Warren, seconded by Mr. Miller, the Board
transferred $1,000 from each of the Clover Hill, Dale, Matoaca
7/25/01
01-564
and Midlothian District Improvement Funds, a total of $4,000,
to the Parks and Recreation Department to defray the cost of
providing entertainment for the Pocahontas State Park 2001
Performance Series.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.3.
REOUEST FOR MUSIC/ENTERTAINMENT FESTIVAL PERMIT
FOR THE ANNUAL CHESTERFIELD ~QUNTY FAIR
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved a request for a music/entertainment festival permit
from the Chesterfield County Fair Association for the annual
County Fair to be held at the fairgrounds complex from August
24, 2001 through September 3, 2001.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.5. APPROPRIATION OF FUNDS
8.B.5.a. FOR THE SPIREA RQAD SIDEWALK ENHANCEMENT PRQJECT
On motion of Mr. Warren, seconded by Mr. Miller, the Board
appropriated $56,000 in anticipated Virginia Department of
Transportation reimbursements for the Spirea Road Sidewalk
Enhancement Project. (It is noted the Board has already
appropriated $14,000 in local matching funds for the project.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.5.b. FOR SIX SEPARATE ROAD CONSTRUCTION PROJECTS
On motion of Mr. Warren, seconded by Mr. Miller, the Board
appropriated anticipated Virginia Department of Transportation
reimbursements in the following amounts for the following
projects: $480,000 for the Nash Road project (preliminary
engineering); $350,000 for the Rhodes Lane project (preliminary
engineering); $450,000 for the Marobrith Road project
(preliminary engineering, right-of-way and construction);
$300,000 for the Lakeview Road/Branders Bridge Road
intersection project (preliminary engineering and right-of-way
acquisition); $150,000 for the Salem Church Road/Centralia Road
intersection project (preliminary engineering, right-of-way and
construction); and $450,000 additional for the Chester
Road/Kingsland Road intersection project (right-of-way).
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.5.¢. TO ISTEA GRANT FOR VIRGINIA CIVIL WAR TRAILS
On motion of Mr. Warren, seconded by Mr. Miller, the Board
appropriated $86,000 ($68,000 in federal funds and $18,000 in
local funds from other organizations and governments) for
completion of the ISTEA VIII Virginia Civil War Trails grant
and authorized the County Administrator to execute all
necessary contracts, subject to approval of form by the County
Attorney.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
01-565
7/25/01
8.B.6. SET DATE FOR PUBLIC HEARINGS
8.B.6.a.
TO CONSIDER A ZONING ORDINANCE AMENDMENT RELATING
TO FAMILY DAY CARE HOMES
On motion of Mr. Warren, seconded by Mr. Miller, the Board set
the date of August 22, 2001 at 7:00 p.m. for a public hearing
to consider an amendment to the Zoning Ordinance relating to
family day care homes.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.6 .b.
TO CONSIDER AN ORDINANCE REOUIRING BEST MANAGEMENT
PRACTICE MAINTENANCE FEES FOR APARTMENTS LOCATED IN
THE UPPER SWIFT CREEK WATERSHED
On motion of Mr. Warren, seconded by Mr. Miller, the Board set
the date of August 22, 2001 at 7:00 p.m. for a public hearing
to consider an ordinance requiring a $100 Best Management
Practice (BMP) maintenance fee for each apartment unit located
in the Upper Swift Creek Watershed.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.7. STATE ROAD ACCEPTAN¢~
On motion of Mr. Warren, seconded by Mr. Miller, 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 Requiremento.
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 Secondary System of State Hiahwavs: Addtl:ton
Basis for Change:
Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Bayhill Pointe, Section 8
Hillcreek Circle, State Route Number: 5061
7/25/01
01-566
From: .03 Mi. E. of Hillcreek Dr., (Rt. 5016)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 11/15/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 13,
with a width of 50 Ft.
· Hillcreek Terrace, State Route Number: 5017
From: .02 Mi. E. of Hillcreek Dr., (Rt. 5016)
To: Cul-de-sac, a distance of: 0.06 miles.
Right-of-way record was filed on 11/15/1999 with the Office Of Clerk To Circuit Court in Pb. 108; Pg. 13,
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 Chanoe to the Secondary System of State Hluhwavs:
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project:
From:
To:
AdditiQn
Commonwealth Center Parkway
Commonwealth Center Parkway, State Route Number: 754
Existing Rt. 754, 0.14 Mi. E. of Hull Street Rd., (Rt. 360)
0.74 Mi. E. of Hull Street Rd., (Rt. 360), a distance of: 0.60 miles.
Right~Nwayrecordwasfiledon09~9/l~8wi~theOffice OfClerktoCir~itCourtinDb3386;Pg. 212,
withawidthof~Ft, minimum
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8,B,8, ADQPTIQN QF RESOLUTIONS
8.B.S.a. RECOGNIZING SENIOR POLICE OFFICER MICHAEL E. REED,
POLICE DEPARTMENT. UPON HIS RETIREMENT
On motion of Mr. Warren, seconded by Mr. Miller, the Board
adopted the following resolution:
7/25/01
01-567
WHEREAS, Mr. Michael E. Reed will retire from the
Chesterfield County Police Department on August 1, 2001; and
WHEREAS, Officer Reed has provided twenty-two years of
quality service to the citizens of Chesterfield County; and
WHEREAS, Officer Reed has faithfully served the County in
the capacity of Patrol Officer and Senior Police Officer; and
WHEREAS, Officer Reed has received numerous letters of
thanks and appreciation for the assistance rendered in all
types of situations; and
WHEREAS, Officer Reed was one of the first Teleservice
Desk Officers; and once put into service, the Teleservice Desk
reduced the number of police reports written in the field by
twenty percent; and
WHEREAS, Officer Reed has provided the Chesterfield County
Police Department with many years of loyal and dedicated
service; and
WHEREAS, Chesterfield County and the Board of Supervisors
will miss Officer Reed's diligent service.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Mr. Michael E. Reed, and
extends on behalf of its members and the citizens of
Chesterfield County, its appreciation for his service to the
County, its congratulations upon his retirement, and its best
wishes for a long and happy retirement.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.8.b.
REOUESTING THE VIRGINIA DEPARTM~.NT OF TRANSPORTATION
TO ACCEPT LAKE RIDGE DRIVE INTO THE STATE SECONDARY
SYSTEM OF HIGHWAYS
On motion of Mr. Warren, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, Lake Ridge Drive was established on or before
January 19, 1959, and currently serves at least four families
per mile; and
WHEREAS, the Virginia Department of Transportation has
determined Chesterfield County's current subdivision ordinance
meets all necessary requirements to qualify Chesterfield County
to recommend additions to the Secondary System of Highways,
pursuant to 33.1-72.1, Code of Virginia; and
WHEREAS, it is the opinion of Chesterfield County that
speculative interest does not exist on Lake Ridge Drive.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors requests the Virginia Department of
Transportation to add to the Secondary System of State
Highways, pursuant to Section 33.1-72.1 (D), Code of Virginia,
Lake Ridge Drive, beginning at the intersection of Walthall
Drive in a westerly direction for a distance of 0.061 mile
measured from the centerline of Walthall Drive.
AND, BE IT FURTHER RESOLVED, that the Board guarantees a
clear and unrestricted right-of-way of fifty (50) feet for Lake
Ridge Drive, such right-of-way being recorded in Plat Book 11,
Page 8, and Deed Book 1456 Page 596, and any necessary
7/25/01
01-568
easements for cuts, fills, sight distance, and drainage.
AND, BE IT FURTHER RESOLVED, that the Board requests the
Virginia Department of Transportation to improve Lake Ridge
Drive to the prescribed minimum standards, funding said
improvements pursuant to Section 33.1-72.1 (D), Code of
Virginia.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.8.c.
EXTENDING THE CORPORATE LIFE OF THE APPOMATTOX RIVER
WATER AUTHORITY
On motion of Mr. Warren, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, the Council of the City of Petersburg, the
Council of the City of Colonial Heights, the Board of
Supervisors of the County of Prince George, the Board of
Supervisors of the County of Chesterfield and the Board of
Supervisors of the County of Dinwiddie (the "Incorporating
Jurisdictions") created the Appomattox River Water Authority
(the "Authority") pursuant to the Code of Virginia of 1950, as
amended, and concurrent resolutions adopted by the
Incorporating Jurisdictions; and
WHEREAS, the Incorporating Jurisdictions deem it advisable
to extend the corporate life of the Authority.
NOW, THEREFORE BE IT RESOLVED, by the governing bodies of
the City of Petersburg, the City of Colonial Heights, the
County of Prince George, the County of Chesterfield and the
County of Dinwiddie:
1. The Authority shall have a term of existence for fifty
years from June 1, 2001 and for such period or periods as may
from time to time be provided by resolution of the City
Councils and Boards of Supervisors of each political
subdivision participating in the Authority.
2. This resolution shall take effect immediately.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8,B,$,e, APPROVING THE FIRST AMENDMENT TO THE SERVICE
AGREEMENT BETWEEN SOUTH CENTRAL WASTEWATER
AUTHORITY AND THE PARTICIPATING JURISDICTIONS
On motion of Mr. Warren, seconded by Mr. Miller, the Board
adopted the following resolution:
WHEREAS, the City of Petersburg, Virginia, the City of
Colonial Heights, Virginia, the County of Prince George,
Virginia, the County of Chesterfield, Virginia and the County
of Dinwiddie, Virginia (the UIncorporating Subdivisions") and
Dinwiddie County Water Authority ("DCWA") entered into a service
agreement with the South Central Wastewater Authority {the
"Authority") and (the "Service Agreement"), to provide for,
among other things, the provision of wastewater treatment
services by the Authority to the Incorporating Subdivisions;
and
WHEREAS, the Service Agreement provided for the
01-569
7/25/01
acquisition of and contemplates the expansion, improvement,
operation and maintenance of wastewater treatment facilities
formerly owned by the City of Petersburg, located on Pocahontas
Island in the City of Petersburg and the County of Chesterfield
(the ~'Facilities"); and
WHEREAS, the Service Agreement provides for an equitable
basis for apportioning among the Incorporating Subdivisions the
costs of operating, maintaining, financing, improving and
expanding the Facilities; and
WHEREAS, the Incorporating Subdivisions have determined
that it is in the best interests of the Authority to amend the
Service Agreement to reflect additional capacity gained by the
re-rating of the Facilities from 20 million gallons per day to
23 millions gallons per day.
NOW, THEREFORE BE IT RESOLVED, by the governing bodies of
the City of Petersburg, the City of Colonial Heights, the
County of Prince George, the County of Chesterfield and the
County of Dinwiddie:
1. The First Amendment to Service Agreement by and among
the Authority, DCWA and the Incorporating Subdivisions (the
"First Amendment") is hereby approved.
2. The proper officers of the respective Cities and
Counties are hereby authorized to execute and deliver the First
Amendment.
3. This Resolution shall take effect immediately.
D~d, further, the Board authorized the Chairman of the Board of
Supervisors to execute the First Amendment to the Service
Agreement between South Central Wastewater Authority and the
participating jurisdictions.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.9.
APPROVAL OF STREET NAME FOR THE ACCESS ROAD TO T~R
NEW MATOACA HIGH SCHOQL
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved the use of a proper name, John Winston Jones Parkway,
for the main access road to the new Matoaca High School.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.10. AWARD OF CONTRACTS
8.B.10.a.
TO KENBRIDGE CONSTRUCTION COMPANY FOR CONSTRUCTI0~
OF THE WiNTERPOCK FIRE STATION
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the County Administrator to execute a contract with
Kenbridge Construction Company in the amount of $2,205,000 for
the construction of Fire Station 19 (Winterpock).
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
7/25/01
01-570
8.B.10.c.
TO MOSELEY HARRIS AND MCCLINTOCK TO UPDATE THE
COUNTY'S GOVERNMENT CENTER MASTER PLAN
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the County Administrator to enter into a contract
with Moseley Harris and McClintock to update the County's
Government Center Master Plan and approved the transfer of
$85,000 from the County's Reserve for Capital Projects.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.11.
CONSIDERATION TO ALLOCATE UTILITY INDUCEMENT FUNDS
TO PAY FOR RELOCATING AN EXISTING TWELVE INCH PUBLIC
WATER LINE TO ACCOMMODATE THE MARUCHANVIRGINIA
INCORPORATED BUILDING EXPANSION
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved the use of Utility Inducement Funds, not to exceed
$90,000, to design and install the relocation of an existing
twelve inch public water line to accommodate the expansion of
the Maruchan Virginia Incorporated manufacturing company at
8101 Whitepine Road, and waived the requirement to post a
performance bond and the requirement that the County's share of
the total cost does not exceed 75 percent.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.12.
APPROVAL OF POLICE DEPARTMENT TRAINING AGREEMENT
WITH THE DEPARTMENT OF THE ARMY, FORT LEE, VIRGINIA
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the County Administrator to enter into a contract
with the Department of the Army ("Fort Lee") enabling
Chesterfield County Police Training Division to provide the
Department of Criminal Justice Services (DCJS) approved and
other law enforcement training to military law enforcement
officers of "Fort Lee" for an annual fee for a three-year term
beginning July 1, 2001.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B,13,
INITIATION OF A RE-ZONING APPLICATION FOR THE OLD
LA PRADE LIBRARY
On motion of Mr. Warren, seconded by Mr. Miller, the Board
initiated an application for re-zoning of the old La Prade
Library for administrative office use by the Chesterfield
Police Department, and appointed Mr. Louis W. Moore,
Administrative Support Bureau Commander of the Police
Department, to act as the Board's agent.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
01-571
7/25/01
8.B.14. ACCEPTANCE OF GRANT FUND_~
8.B.14.a.
FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICE~
FOR A SCHOOL RESOURCE OFFICER IN THR COMMUNITy
HIGH SCHOOL
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the Police Department to accept and appropriate
Department of Criminal Justice Services grant funds in the
amount of $25,430, creating a new School Resource Officer
position, and appropriated the required School Board local
match portion of $17,345.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.14.b.
FROM THE VIRGINIA DEPARTMENT OF AVIATION FOR THE
EXPANSION/RENOVATION OF THE TERMINAL BUILDING AT
THE CHESTERFIELD COUNTY AIRPORT AND AWARD OF
CONTRACT TO HALEY BUILDERS
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the County Administrator to accept Virginia
Department of Aviation Grant (DVOA) funds for the expansion/
renovation of the County Airport Terminal Building; authorized
the County Administrator to enter into a contract with the
Commonwealth of Virginia for expenditure of said funds, and
execute all applicable contracts, contingent on the Department
of Aviation state funding; and authorized the County
Administrator to enter into contract(s) with Haley Builders
contingent upon being awarded a tentative allocation of funding
by the Virginia Aviation Board. (It is noted that should the
DVOA not approve the entire amount for construction in FY2002
funding, the County Administrator may opt to place this project
on hold until such time as full funding is approved at the
State level.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.14.c.
FROM THE OFFICE OF JUSTICE PROGRAMS TO C~ESTERFI~T.n
COUNTY UNDER THE DRUG COURT IMP?.~w_~NTATION GRANT
PROGRAM FOR CREATION OF FOUR NEW POSITIONS
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the receipt of $490,543 in Drug Court Implementation
Grant Funds from the Office of Justice Programs; authorized an
increase in appropriations by $490,543; and authorized the
creation of four new positions -- two local Probation Officers
in Community Corrections Services; a Clinician in Mental
Health, Mental Retardation and Substance Abuse Services; and an
Administrative Assistant in Community Corrections for Drug
Court.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.15.
APPROVAL OF UTILITY CONTRACT FOR SAINT FRANCI~
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved the following utility contract for Saint Francis
7/25/01
01-572
Hospital, Contract Number 00-0300, which includes 234 L.F. ± of
fifteen inch wastewater lines:
Developer: Bon Secours Richmond Health Systems
Contractor: Castle Equipment Corporation
Contract Amount:
Estimated County Cost for Offsite ........... $5,707.00
Estimated Developer Cost .................... $490,922.18
Estimated Total ............................. $496,629.18
Code: (Refunds thru Connections - Offsite) 5N-572VO-E4D
District: Matoaca
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.16.
ACCEPTANCE OF A PARCEL OF LAND ALQNG THE WEST RIGHT
OF WAY LINE OF IRON BRIDGE ROAD FROM T, WALTER
BRASHIER
On motion of Mr. Warren, seconded by Mr. Miller, the Board
accepted the conveyance of a parcel of land, containing 0.056
acres, along the west right of way line of Iron Bridge Road
from T. Walter Brashier, and authorized the County
Administrator to execute the necessary deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.17. REOUESTS TO OUITCLAIM
8.B.17.a.
A SIXTEEN FOOT DRAINAGE EASEMENT (PUBLIC) ACROSS
THE PROPERTY OF AP PROPERTIES, L.P.
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
sixteen foot drainage easement (public) across the property of
AP Properties, L.P. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.17,b, A VARIABLE WIDTH DRAINAGE EASEMENT ACROSS THE
PRQPERTY OF FQXFIELD CONSTRUCTION, INCORPORATED
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
variable width drainage easement across the property of
Foxfield Construction, Incorporated. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
01-573
7/25/01
8.B.17.c.
A VARIABLE WIDTH STORM WATERMANAGEMENT/BEST
MANAGEMENT PRACTICE EASEMENT AND A VARIABLE
WIDTH STORM WATER MANAGEMENT/BEST MANAGEMENT
PRACTICE ACCESS EASEMENT ACROSS THE PROPERTY OF
COMMONWEALTH OFFICE. L.L.C.
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
variable width SWM/BMP easement and a variable width SWM/BMP
access easement across the property of Commonwealth Office,
L.L.C. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.17.d.
A VARIABLE WIDTH STORM WATER MANAGEMeNT/BEST
MANAGEMENT PRACTICE EASEMENT ACROSS THE PROPERTy
OF GILLSGATE. L.L.C,
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
variable width SWM/BMP easement across the property of
Gillsgate, L.L.C. (It is noted a copy of the plat is filed
with the papers of this Board.}
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.17.e.
A PORTION OF A SIXTEEN FOOT SEWER EASEMENT ACROSS
LOT 23. BLOCK B. TRAMPLING FARMS. SECTION A
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a sixteen foot sewer easement across Lot 23, Block
B, Trampling Farms, Section A. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.18.
APPROVAL OF SEWER CONTRACT FOR Tw~ WOODS AT
SUMMERFORD OFFSITE SEWER LIN~
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved the following sewer contract for The Woods at
Summerford - Offsite Sewer Line - Contract Number 99-0189,
which includes 1,787.61 L.F. ± of fifteen inch and 414.85 L.F.
± of sixteen inch oversized wastewater lines of which 1,197.35
L.F. ± is refundable as an offsite extension:
Developer: B.J. Summerford, LLC
Contractor: Piedmont Construction Company, Incorporated
Contract Amount:
Estimated County Cost for Oversizing ....... $23,684.00
Estimated County Cost for Offsite .......... $21,778.35
Estimated Developer Cost ................... $82,374.15
Estimated Total ............................ $127,836.50
Code: (Refunds thru Connections - Oversizing) 5N-572VO-E4D
7/25/01
01-574
(Refunds thru Connections - Offsite)
District: Matoaca
5N-572VO-E4D
(It is noted a copy of the vicinity sketch is filed with the
papers of this Board.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.19. APPROVAL OF LEASES
8.B.19.a. FOR CHESTERFIELD COUNTY FAMILIES FIRST PROGRAM
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved a two-year lease with Henry E. Meyers, Jr. and
Virginia B. Meyers for 1,950 square feet of office space at
9620 Iron Bridge Road for Chesterfield County Families First
Program, and authorized the County Administrator to execute the
lease agreement. (It is noted a coy of the vicinity sketch is
filed with the papers of this Board.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.19.b. FOR THE PLANNING DEPARTMENT
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved a three-year lease of 540 square feet of office space
at 9854 Lori Road, Suite 204 for the Planning Department's Long
Range Planning Branch, and authorized the County Administrator
to execute the lease agreement, subject to approval by the
County Attorney. (It is noted a copy of the vicinity sketch is
filed with the papers of this Board.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.20. REOUESTS FOR PERMISSION
8 .B.20 .a.
FROM COLIN R. PILLEY AND DAN R. CASEY TO INSTALL
A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT
TO SERVE A RESIDENCE ON SOUTH CHESTER ROAD
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved a request from Colin R. Pilley and Dan R. Casey for
permission to extend a private sewer service across property
designated as 4255 Curtis Street, to serve a residence at 12501
South Chester Road, subject to the execution and recordation of
a sewer connection agreement. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
$,B,20,b,
FROM GRAFTON SCHOOL INCORPORATED FOR CONCRETE CURB
AND ~UTTER TO ENCROACH WITHIN A PROPOSED SIXTEEN
FOOT DRAINAGE EASEMENT AND A SIXTEEN FOOT WATER
EASEMENT
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved a request from Grafton School Incorporated for a
concrete curb and gutter to encroach within a proposed sixteen
01-575
7/25/01
foot drainage easement and a sixteen foot water easement across
its property at 4100 Price Club Boulevard, 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: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8 .B.20 .c.
FROM GEORGE E. STIGALL AND MELISSA Y. STIGALL FO~
A FENCE TO ENCROACH WITHIN A SIXTEEN FOOT ALLEY
ADJACENT TO LOTS 38 AND 39. BLOCK 13. PLAN OF
CENTRAL PARK
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved a request from George E. Stigall and Melissa Y.
Stigall for a fence to encroach within a sixteen foot alley
adjacent to Lots 38 and 39, Block 13, Plan of Central Park,
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: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.20.d.
FROM ROBERT S. FRENCH AND TIFFANY K. F~NCH FOR A
FENCE TO ENCROACH WITHIN A TEN FOOT EASEMENT ~_W~
A SIXTEEN FOOT DRAINAGE EASEMRNT ACROSS LOT 33,
NORTH OAKS. SECTION A
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved a request from Robert S. French and Tiffany K. French
for a fence to encroach within a ten foot easement and a
sixteen foot drainage easement across Lot 33, North Oaks,
Section A, 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: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8. B. 21. CONVEYANCE OF EASEMENT~
8 .B.21.a.
TO VERIZON VIRGINIA INCORPORATED TO INSTALL
UNDERGROUND FIBER OPTIC CABLE ON COUNTY PROPERTY
LOCATED ON BUFORD COURT TO SERVE PROPERTY ON
MIDLOTHIAN TURNPI~
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Verizon Virginia Incorporated to install underground fiber
optic cable on County property at 8001 Buford Court (Buford
Road Fire Station) to serve property located at 8006 Midlothian
Turnpike. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.23.
CANCELLATION OF THE PUBLIC HEARING TO CONSIDER
LEASING OF SPACE IN THE wmNRICUS VISITORS CENTE~
On motion of Mr. Warren, seconded by Mr. Miller, the Board
canceled its July 25, 2001 public hearing to consider the
7/25/01
01-576
leasing of space in the Henricus Visitors Center and set the
date of August 22, 2001 at 7:00 p.m. to consider the same
issue.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8,B,26,
AWARD QF CONSTRUCTION CONTRACT FOR CONSTRUCTION OF
¢}L%LKLEY ELEMENTARY SCHOOL CONCESSION/RESTROOM
B~ILDING AND ASSOCIATED SITEWORK AND UTILITIES
On motion of Mr. Warren, seconded by Mr. Miller, the Board
authorized the County Administrator to enter into a contract
with Arizona, Limited, in the amount of $177,400, to construct
a concession/restroom building and associated sitework and
utilities at Chalkley Elementary School.
And, further, the Board authorized the County Administrator to
award the contract to the second lowest bidder, Brooks and
Company, in the amount of $204,300, in the event Arizona
Limited should choose to withdraw their bid.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
The following items were removed from the Consent Agenda to
allow for Board discussion:
8 ,B.4,
AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO EXECUTE
A LEASE WITH UKROP'S SUPERMARKETS AND RICHMOND
KICKERS YOUTH SOCCER CLUB FOR THE CREATION OF A
COUNTY PARK ADJACENT TO UKROP'S SUPERMARKET LOCATED
AT CHIPpENHAMAND ROUTE 10
Mr. Miller expressed concerns relative to the funding necessary
for maintenance of the proposed facility and signage at the
facility.
There was brief discussion relative to the termination language
in the proposed lease and the potential for liability by the
County for injuries at the proposed facility.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
authorized the County Administrator to enter into a lease
agreement, in a form approved by the County Attorney, with
Ukrop's Supermarkets and Richmond Kickers Youth Soccer Club for
the creation of a County park adjacent to Ukrop's Supermarket
located at Chippenham Parkway and Route 10.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
$,B,21.b.
TO VIRGINIA ELECTRIC AND POWER COMPANY TO INSTALL
UNDERGROUND POWER LINES TO PROVIDE SERVICE TO
CHESTER MIDDLE SCHOOL
Mr. McHale read the following statement for the record,
declared a conflict of interest under the Virginia Conflict of
Interest Act relative to Items 8.B.21.b., 8.B.21.c. and
8.B.21.d., and declined to participate in the matters:
01-577
7/25/01
"I am employed by Dominion Resources Services, Incorporated.
My company is a subsidiary of Dominion Resources. Dominion
Resources owns a number of companies, one of which is Virginia
Electric and Power Company. I have no personal interest in
VEPCO and have no authority to act on behalf of VEPCO. Items
8.B.21.b., c. and d. on today's agenda will grant easements to
VEPCO to provide electric power to public and private
facilities. I have no personal interest in these items.
However, since the company I work for is owned by the business
which owns VEPCO, I have decided not to vote on these items
today, even though I do not believe that I have a conflict, and
I will ask the County Attorney to review this issue."
On motion of Mrs. Humphrey, seconded by Mr. Barber, 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 to install underground
power lines to provide service to Chester Middle School. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Not Participating: McHale.
8. B. 21. c.
TO VIRGINIA ELECTRIC AND POWER COMPANY TO INSTALT.
UNDERGROUND AND OVERHEAD POWER LINES TO SERVE
JUVENILE DETENTION HOME ON KRAUSE ROAD
On motion of Mrs. Humphrey, seconded by Mr. Barber, 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 to install underground and
overhead power lines to serve the Juvenile Detention Home on
Krause Road. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Not Participating: McHale.
8 .B.21.d.
TO VIRGINIA ELECTRIC AND POWER COMPANY TO INSTALl
UNDERGROUND POWER LINES TO PROVIDE SERVICE F0~
THE INSTALLATION OF STREETLI~__wTS FOR THE CENTP~
STREET PROJECT
On motion of Mrs. Humphrey, seconded by Mr. Barber, 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 to install underground
power lines to provide service for installation of streetlights
for the Centre Street Project. (It is noted a copy of the plat
is filed with the papers of this Board.)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Not Participating:
8 .B.25.
REOUEST FOR MUSIC/ENTERTAINmeNT FESTIVAL PERMIT FOR
SUNDAYS' RESTAURANT OUTDOOR CONCERT
Mr. Warren stated that he has not had the opportunity to speak
with the Brandermill community relative to issues pertaining to
the request.
7/25/01
01-578
Mr. Warren then made a motion, seconded by Mr. McHale, for the
Board to defer the request for a music/entertainment festival
permit for Sundays' Restaurant outdoor concert until August 22,
2001.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
The following items were removed from the Consent Agenda to
allow for public comment:
8,B,8.d,
APPROVING T~E THIRD AMENDMENT TO THE 1964 SERVICE
AGREEMI~ BETWEEN THE APPOMATTOX RIVER WATER
AUTHORITY AND THE PARTICIPATING JURISDICTIONS
Mr. George Beadles expressed concerns relative to increased
costs that might be incurred because of the County's proposed
method of payment for expanding the capacity of the Appomattox
River Water Authority's capacity of its treatment plants.
No one else came forward to speak to the issue.
Mr. Ramsey stated that staff does not feel the Authority's
interest rate will be impacted if Chesterfield elects to pay
it's portion of the cost of expansion through local funds
rather than having the Authority sell bonds.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
adopted the following resolution:
WHEREAS, the City of Petersburg, Virginia, the City of
Colonial Heights, Virginia, the County of Prince George,
Virginia, the County of Chesterfield, Virginia and the County
of Dinwiddie, Virginia (the ~Participating Jurisdictions") each
entered into service agreements, as amended, with the
Appomattox River Water Authority (the "Authority")
(collectively, the "Service Agreements"), which provide for,
among other things, the sale of water by the Authority to the
Participating Jurisdictions; and
WHEREAS, the Service Agreements contemplate improvements,
betterments, repairs, equipment replacements, extensions and
expansions (the "Future Improvements" and the "Future
Expansions") to the water system to meet the future needs of
the Participating Jurisdictions; and
WHEREAS, the members of the Authority have determined that
it is in the best interests of the Authority to amend the
method through which Future Expansions may be funded under the
Service Agreements.
NOW, THEREFORE BE IT RESOLVED, by the governing bodies of
the City of Petersburg, the City of Colonial Heights, the
County of Prince George, the County of Chesterfield and the
County of Dinwiddie:
1. The Third Amendment to 1964 Service Agreements between
the Appomattox River Water Authority and Participating
Jurisdictions (the "Third Amendment") is hereby approved.
2. The proper officers of the respective Cities and
Counties are hereby authorized to execute and deliver the Third
Amendment.
3. This Resolution shall take effect immediately.
01-579
7/25/01
And, further, the Board authorized the Chairman of the Board of
Supervisors to execute the Third Amendment to the Service
Agreement between Appomattox River Water Authority and the
participating jurisdictions and the memorandum of
understanding.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.10.b.
TO GOLDER ASSOCIATES INCORPORATED FOR THE OPERATION
AND MAINTENANCE OF THE NORT~RNAREA AND Cw~STER
LANDFILL GAS COLLECTION SYSTEMS
Mr. George Beadles stated that he supports the proposal for
methane gas collection at the landfill sites.
When asked, Mr. Stegmaier stated that the reason for the one-
year contract with a four-year extension is to ensure good on-
going performance of the collection systems annually.
No one else came forward to speak to the issue.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
authorized the County Administrator to execute a contract with
Golder Associates, Incorporated, in the amount of $131,582, for
the operation and maintenance of the Northern Area and Chester
(Carver Heights) Landfill gas collection systems.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
8.B.22.
AUTHORIZATION TO ~XRRCISE EMINENT DOMAIN FOR T~R
ACOUISITION OF AN EASEMENT FOR T~R MIDLOTHIANWATE~
TANK AND PUMP STATION PHASE II OFF-SITE WATEP~INE
Mr. George Beadles expressed concerns relative to the error in
the vicinity sketch attached to the original agenda item and
also to the excessive amount that has been proposed for
acquisition of the easement.
No one else came forward to speak to the issue.
Discussion, questions and comments ensued
negotiations for acquisition of the property.
relative to
On motion of Mr. Barber, seconded by Mr. McHale, the Board
authorized the County Attorney to proceed with eminent domain
for the acquisition of an easement for the Midlothian Water
Tank and Pump Station Phase II Off-Site Waterline and exercise
immediate right of entry pursuant to Sections 15.2-1904 and
1905 of the Code of Virginia, and instructed the County
Administrator to notify the owner by certified mail on July 27,
2001, of the County's intention to take possession of the
easement. (It is noted a copy of the plat is filed with the
papers of this Board.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
7/25/01
01-580
8 .B.24.
AUTHORIZATION TO CONSENT TO MR. SCOTT CAMP'S
APPLICATION TO AMEND A PREVIQUSLY GRANTED ZONING
FOR A DEVELOPMENT THAT INCLUDES PROPERTY OWNED By
CHESTERFIELD COUNTY
Mr. Beadles expressed concerns relative to the addition of
items after the agenda is published and also to the necessity
to acquire the consent of all property owners for applications
to amend previously granted zoning.
No one else came forward to speak to the issue.
After brief discussion, Mrs. Humphrey made a motion, seconded
by Mr. Miller, for the Board to authorize Mr. Mike Golden,
Director of Parks and Recreation, to consent on the Board's
behalf to Mr. Scott Camp's application to amend the zoning for
a development that includes property (Tax ID 728-627-0046, 728-
631-0931, 729-624-7493 and 734-630-1881) owned by Chesterfield
County, and to execute any necessary documents on the Board's
behalf.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
o MR. BOB STRICKLAND TO ADDRESS THE BOARD REGARDING
REVISING THE BOARD'S POLICY ON ~SECOND DWELLINGS"
Mr. Bob Strickland expressed concerns relative to the $1,400
fee for submitting an application for a conditional use for a
second dwelling for the purpose of housing aging family
members. He requested that the Board review its policy
relative to the fee and stated that he would appreciate the
Board's support in addressing the issue in a timely manner.
Mr. Miller stated that, because circumstances regarding care of
the elderly are changing, he feels staff should explore the
imposition of an application fee for conditional uses for
second dwellings for the purpose of housing aging family
members.
10. REPORTS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted the following reports:
A report on Developer Water and Sewer Contracts and a status
report on the General Fund Balance, Reserve for Future Capital
Projects, District Improvement Funds and Lease Purchases.
And, further, the Board accepted the following roads into the
State Secondary System:
ADDITION LENGTH
CEDAR CLIFF. SECTION 3 (Effective 7/6/01)
Hickory Glen Road (Route 4942) - From 0.03 Mile
North of Cedar Cliff Road (Route 4939) to 0.13
Mile North of Cedar Cliff Road (Route 4939)
0.10 Mi
01-581
7/25/01
HAMPTON PARK, SECTION 3 (Effective 6/18/01)
Hampton Arbor Circle (Route 5239) - From Hampton
Arbor Terrace (Route 5248) to 0.16 Mile Southeast
of Hampton Forest Drive (Route 5194)
Hampton Arbor Circle (Route 5239) - From Hampton
Forest Drive (Route 5194) to Hampton Arbor Terrace
(Route 5248)
Hampton Arbor Circle (Route 5239) - From Hampton
Forest Drive (Route 5194) to 0.20 Mile Northeast
of Hampton Forest Drive (Route 5194)
Hampton Arbor Court (Route 5249) - From Hampton
Arbor Circle (Route 5239) to Cul-de-sac
Hampton Arbor Terrace (Route 5248) - From Hampton
Arbor Circle (Route 5239) to Cul-de-sac
Hampton Forest Drive (Route 5194) - From 0.01 Mile
East of Hampton Park Boulevard (Route 5191) to
Hampton Forest Lane (Route 5238)
Hampton Forest Drive (Route 5194) - From Hampton
Forest Lane (Route 5238) to Hampton Arbor Circle
(Route 5239)
Hampton Forest Lane (Route 5238) - From Hampton
Forest Drive (Route 5194) to 0.14 Mile Northeast
of Hampton Forest Drive (Route 5194)
HAMPTON PARK, SECTION 4
Carlton Forest Court (Route 5265) - From Hampton
Crest Circle (Route 5232) to Cul-de-sac
Hampton Arbor Circle (Route 5239) - From Hampton
Arbor Place (Route 5234) to 0.20 Mile Northeast
of Hampton Arbor Court (Route 5249)
Hampton Arbor Circle (Route 5239) - From Hampton
Arbor Place (Route 5234) to Hampton Arbor Place
(Route 5234)
Hampton Arbor Circle (Route 5239) - From 0.08 Mile
East of Hampton Arbor Terrace (Route 5248) to
Hampton Arbor Place (Route 5234)
Hampton Arbor Place (Route 5234) - From Hampton
Arbor Circle (Route 5239) to Hampton Arbor Circle
(Route 5239)
Hampton Arbor Place Loop (Route 5264) - From
Hampton Arbor Circle (Route 5239) to Hampton
Arbor Circle (Route 5239)
Hampton Crest Circle (Route 5232) - From Carlton
Forest Court (Route 5265) to 0.27 Mile East of
Hampton Forest Lane (Route 5238)
Hampton Crest Circle (Route 5232) - From 0.11
Mile East of Hampton Forest Lane (Route 5238) to
0.17 Mile East of Hampton Forest Lane (Route 5238)
Hampton Crest Circle (Route 5232) - From 0.17
Mile East of Hampton Forest Lane (Route 5238) to
Carlton Forest Court (Route 5265)
0.08 Mi
0.O8 Mi
0.20 Mi
O.O5 Mi
0.04 Mi
0.08 Mi
0.03 Mi
0.14 Mi
0.08 Mi
0.09 Mi
0.02 Mi
0.08 Mi
0.06 Mi
0.03 Mi
0.05 Mi
O.06 Mi
0.05 Mi
7/25/01
01-582
Hampton Crest Circle (Route 5232) - From Hampton
Forest Lane (Route 5238) to Hampton Crest Circle,
Loop (Route 5233)
Hampton Crest Circle Loop (Route 5233) - From
Hampton Crest Circle (Route 5232) to Hampton
Crest Circle (Route 5232)
Hampton Forest Lane (Route 5238) - From 0.23 Mile
North of Hampton Forest Drive (Route 5194) to
Hampton Crest Circle (Route 5232)
~IAMPTQN pARK, SECTION
Hampton Crest Circle (Route 5232) - From Hampton
Crest Court (Route 5273)to Hampton Crest Mews
(Route 5274)
Hampton Crest Circle (Route 5232) - From Hampton
Crest Way (Route 5271) to Hampton Crest Trail
(Route 5272)
Hampton Crest Circle (Route 5232) - From Hampton
Crest Place (Route 5270) to Hampton Crest Way
(Route 5271)
Hampton Crest Circle (Route 5232) - From Hampton
Crest Trail (Route 5272) to Hampton Crest Court
(Route 5273)
Hampton Crest Circle (Route 5232) - From Hampton
Forest Lane (Route 5238) to Hampton Crest Place
(Route 5270)
Hampton Crest Circle (Route 5232) - From Hampton
Crest Mews (Route 5274) to 0.05 Mile East of
Carlton Forest Court (Route 5265)
Hampton Crest Court (Route 5273) - From Hampton
Crest Circle (Route 5232) to Cul-de-sac
Hampton Crest Mews (Route 5274) - From Hampton
Crest Circle (Route 5232) to Cul-de-sac
Hampton Crest Place (Route 5270) - From Hampton
Crest Circle (Route 5232) to Cul-de-sac
Hampton Crest Terrace (Route 5272) - From Hampton
Crest Circle (Route 5232) to Cul-de-sac
Hampton Crest Turn (Route 5269) - From Hampton
Crest Circle (Route 5232) to Cul-de-sac
Hampton Crest Way (Route 5271) - From Hampton
Crest Circle (Route 5232) to Hampton Park Drive
{Route 5190)
MEADQW CREEK, SECTION D (Effective 7/6/01)
Creek Meadow Circle (Route 5459) - From Oregon
Creek Drive (Route 5451) to Cul-de-sac
Rolling Oaks Court (Route 5464) - From Oregon
Creek Drive (Route 5451) to Cul-de-sac
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
01-583
0.11 Mi
0.04 Mi
0.02 Mi
0 O6 Mi
0 04 Mi
0 14 Mi
0 08 Mi
0 04 Mi
0 01 Mi
0.04 Mi
0.02 Mi
O.O8 Mi
0.08 Mi
0.03 Mi
O.O5 Mi
0.03 Mi
0.10 Mi
7/25/01
11. DINNER
On motion of Mr. McHale, seconded by Mr. Barber, the Board
recessed to Camp Baker for dinner with members of the Camp
Baker Management Board.
Reconvening:
12. INVOCATION
Reverend Beryl Boswell, Pastor of Mission Bautista Hispana,
gave the invocation.
13.
PLEDGE OF ALLEGIANCE TO THE FLAG OF T~ UNITED STATE~
OF AMERICA
Miss Courtney Ward, Gold Award recipient from Girl Scout Troop
75, led the Pledge of Allegiance to the Flag of the United
States of America.
14. RESOLUTIONS AND SPECIAL RECOGNITION~
14 .A.
RECOGNIZING FIREFIGHTER CARDIAC TECHNICIAN WI?.mI/R
PEYTON, III, CHESTERFIELD FIRE AND EMERGENCY~ICAT.
SERVICES DEPARTMENT, UPON HIS RETIRE~NT
Deputy Chief Paul Shorter introduced Mr. Wilbur Peyton who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Firefighter Cardiac Technician Wilbur Peyton,
III, retired from the Chesterfield Fire and Emergency Medical
Services Department, Chesterfield County, on April 1, 2001; and
WHEREAS, Firefighter Peyton was hired in September 1972,
attended Recruit School Number Four in 1974 and has faithfully
served the County for twenty-eight and one-half years in
various assignments; and
WHEREAS, during his career, Firefighter Peyton has served
as a Dispatcher at Fire Alarm Headquarters; as a Firefighter at
the Manchester Fire Department; as a Firefighter at the Bon Air
Fire Department; as a Firefighter at the Ettrick Fire
Department; as a Firefighter at Chester Fire Station; as a
Firefighter at the Wagstaff Fire Department; as a Firefighter
at the Clover Hill Fire Department; and as a Firefighter at the
Matoaca Fire Department.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the
contributions of Mr. Wilbur Peyton, III, expresses the
appreciation of all residents for his service to the County,
and extends its congratulations upon his retirement and best
wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Peyton and that this resolution
be permanently recorded among the papers of the Board of
7/25/01
01-584
Supervisors of Chesterfield County, Virginia.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution, a Jefferson
Cup and a shadowbox containing his badge to Mr. Peyton,
accompanied by his daughters, expressed appreciation for his
dedicated service to the County, and wished him well in his
retirement.
Mr. Peyton expressed appreciation to the Board for the
recognition and their support over the years. He also
expressed appreciation to numerous members of the Fire
Department, both past and present, for their support.
14.C. RECOGNIZING GIRL SCOUTS UPQN ATTAINING THE GOLD AWARD
14.C.1. KATHERINE LAURA HAGEN, DALE DISTRICT
Mr. Stegmaier introduced Miss Katherine Hagen who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.6 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning four interest project patches, the
Career Exploration Pin, the Senior Girl Scout Leadership Award,
the Senior Girl Scout Challenge, and designing and implementing
a Girl Scout Gold Award project; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments in
the areas of leadership, community service, career planning,
and personal development; and
WHEREAS, the Girl Scout Award can only be earned by girls
aged 14-17 or in grades 9-12 and is received by less than six
percent of those individuals entering the Girl Scouting
movement; and
WHEREAS, Miss Katherine Laura Hagen, Troop 75, has
accomplished these high standards and has been honored with the
Girl Scouts of America Gold Award by the Commonwealth Girl
Scout Council of Virginia; and
WHEREAS, growing through her experiences in Girl Scouting,
learning the lessons of responsible citizenship, and priding
herself on the great accomplishments of her Country, Katie is
indeed a member of a new generation of prepared young citizens
of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Miss Katherine Laura Hagen on her attainment of the Gold
Award and acknowledges the good fortune of the County to have
such an outstanding young woman as one of its citizens.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
01-585
7/25/01
Mrs. Humphrey presented the executed resolution and patch to
Miss Hagen, accompanied by her mother and Mr. Miller,
congratulated her on her outstanding achievement, and wished
her well in her future endeavors.
Miss Hagen expressed appreciation to her mother, troop leader
and members of her troop for their support.
14.C.2. COURTNEY JAMALLE WARD. DALE DISTRICT
Mr. Stegmaier introduced Miss Courtney Ward who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.6 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning four interest project patches, the
Career Exploration Pin, the Senior Girl Scout Leadership Award,
the Senior Girl Scout Challenge, and designing and implementing
a Girl Scout Gold Award project; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments in
the areas of leadership, community service, career planning,
and personal development; and
WHEREAS, the Girl Scout Award can only be earned by girls
aged 14-17 or in grades 9-12 and is received by less than six
percent of those individuals entering the Girl Scouting
movement; and
WHEREAS, Miss Courtney Jamalle Ward, Troop 75, has
accomplished these high standards and has been honored with the
Girl Scouts of America Gold Award by the Commonwealth Girl
Scout Council of Virginia; and
WHEREAS, growing through her experiences in Girl Scouting,
learning the lessons of responsible citizenship, and priding
herself on the great accomplishments of her Country, Courtney
is indeed a member of a new generation of prepared young
citizens of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Miss Courtney Jamalle Ward on her attainment of the Gold
Award and acknowledges the good fortune of the County to have
such an outstanding young woman as one of its citizens.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Miss Ward, accompanied by her mother and Mr. Miller,
congratulated her on her outstanding achievement, and wished
her well in her future endeavors.
Miss Ward expressed appreciation to her troop leaders, the
Knights of Columbus and her mother for their support.
7/25/01
01-586
~,C,$, STEPHANIE E. JELLISON. MIDLOTHIAN DISTRICT
Mr. Stegmaier introduced Miss Stephanie Jellison who was
present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Girl Scouts of the United States of America
is an organization serving over 2.6 million girls and was
founded to promote citizenship training and personal
development; and
WHEREAS, after earning four interest project patches, the
Career Exploration Pin, the Senior Girl Scout Leadership Award,
the Senior Girl Scout Challenge, and designing and implementing
a Girl Scout Gold Award project; and
WHEREAS, the Gold Award is the highest achievement award
in Girl Scouting and symbolizes outstanding accomplishments in
the areas of leadership, community service, career planning,
and personal development; and
WHEREAS, the Girl Scout Award can only be earned by girls
aged 14-17 or in grades 9-12 and is received by less than six
percent of those individuals entering the Girl Scouting
movement; and
WHEREAS, Miss Stephanie E. Jellison, Troop 684, has
accomplished these high standards and has been honored with the
Girl Scouts of America Gold Award by the Commonwealth Girl
Scout Council of Virginia; and
WHEREAS, growing through her experiences in Girl Scouting,
learning the lessons of responsible citizenship, and priding
herself on the great accomplishments of her Country, Stephanie
is indeed a member of a new generation of prepared young
citizens of whom we can all be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Miss Stephanie E. Jellison on her attainment of the Gold
Award and acknowledges the good fortune of the County to have
such an outstanding young woman as one of its citizens.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Miss Jellison, accompanied by her mother and Mr. Barber,
congratulated her on her outstanding achievement, and wished
her well in her future endeavors.
Miss Jellison expressed appreciation to her mother, troop
leader and friends for their support.
14,D,
RECOGNIZING AIM-USA FOR ITS DONATION TOWARDS THE
A/~AL FOURTH OF JULY CELEBRATION SPONSORED BY THE
CHESTERFIELD COUNTY PARKS AND RECREATION DEPARTMENT
Mr. Golden introduced Mr. Jim Johnson and Mrs. Susan Johnson,
representing AIM-USA, who were present to receive the
resolution.
01-587
7/25/01
On motion of the Board, the following resolution was adopted:
WHEREAS, AIM-USA provided a generous donation which was
used by the Chesterfield County Parks and Recreation Department
for the Annual Fourth of July Celebration; and
WHEREAS, AIM-USA's donation aided in the enhancement of
the Fourth of July Celebration; and
WHEREAS, AIM-USA has given back to the community through
sponsorship of a major County special event; and
WHEREAS, through the cooperative efforts of Mr. Jim
Johnson and Mrs. Susan Johnson, the spirit of community/private
partnerships has provided the department with increased
awareness to explore similar opportunities for other programs;
and,
WHEREAS, Chesterfield County greatly appreciates the
donation and looks forward to continuing a strong relationship
with AIM-USA.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes AIM-USA and
expresses appreciation for its generous contribution toward the
Annual Fourth of July Celebration.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to AIM-USA and that this resolution be
permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution to Mr. and Mrs.
Johnson, accompanied by Mr. Greg Sager, Community Recreation
Manager, and expressed appreciation for AIM-USA's generous
contribution.
Mr. Johnson expressed appreciation to the Board for the
recognition and also to the Parks and Recreation Department for
its assistance with the safety program offered by AIM-USA to
County youth.
14 .E.
RECOGNIZINa COMCAST CABLEVISION FOR ITS DONATION
TOWARDS THE ANNUAL FOURTH OF JULY CELEBRATION
SPONSORED BY THE CHESTERFIELD COUNTY PARKS ~
RECREATION DEPARTMENT
Mr. Golden introduced Mr. Mike Kasko, Director of Business
Operations for Comcast Cablevision, who was present to receive
the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Comcast Cablevision provided a generous donation
which was used by the Chesterfield County Parks and Recreation
Department for the Annual Fourth of July Celebration; and
WHEREAS, Comcast's donation aided in the enhancement of
the Fourth of July Celebration; and
WHEREAS, Comcast Cablevision has given back to the
community through sponsorship of a major County special event;
and
7/25/01
01-588
WHEREAS, through the cooperative efforts of Mr. Michael
Kasko, Director of Business Operations, the spirit of
community/private partnerships has provided the department with
increased awareness to explore similar opportunities for other
programs; and,
WHEREAS, Chesterfield County greatly appreciates the
donation and looks forward to continuing a strong relationship
with Comcast Cablevision.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Comcast
Cablevision and expresses appreciation for its generous
contribution toward the Annual Fourth of July Celebration.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Comcast Cablevision and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution to Mr. Kasko,
accompanied by Mr. Sager, and expressed appreciation for
Comcast Cablevision's generous contribution.
Mr. Kasko expressed appreciation to the Board for the
recognition and also for the opportunity to participate in the
Fourth of July Celebration.
14 .B.
RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE ~¢OUT
14.B.1. JOSEPH MICHAEL SWART, CLOVER HILL DISTRICT
Mr. Stegmaier introduced Mr. Joseph Swart 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. Joseph Michael Swart, Troop 183, sponsored by
Saint Ann's Catholic 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
01-589
7125101
society, Joseph has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Mr. Joseph Michael Swart 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: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
Mr. Warren presented the executed resolution and patch to Mr.
Swart, accompanied by members of his family, congratulated him
on his outstanding achievement, and wished him well in his
future endeavors.
Mr. Swart expressed appreciation to his parents, scoutmasters
and fellow scouts for their support.
14.B.2. DANIEL CHRISTOPHER SWART. CLOVER HILL DISTRICT
Mr. Stegmaier introduced Mr. Daniel Swart 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. Daniel Christopher Swart, Troop 183,
sponsored by Saint Ann's Catholic 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, Daniel has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Mr. Daniel Christopher Swart 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: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
7/25/01
01-590
Mr. Warren presented the executed resolution and patch to Mr.
Swart, accompanied by members of his family, congratulated him
on his outstanding achievement, and wished him well in his
future endeavors.
Mr. Swart expressed appreciation to members of his troop and
others who provided assistance with his Eagle project.
14,B,~, JED E, LEIDHEISER. CLOVER HILL DISTRICT
Mr. Stegmaier introduced Mr. Jed Leidheiser 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. Jed E. Leidheiser, Troop 894, sponsored by
Saint David's 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, Jed has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Mr. Jed E. Leidheiser 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: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
Mr. Warren presented the executed resolution and patch to Mr.
Leidheiser, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in his
future endeavors.
Mr. Leidheiser expressed appreciation to his fellow scouts and
scoutmaster for their support.
14,B,4, WILLIAM RAINEy BARKSDALE. MIDLOTHIAN DISTRICT
Mr. Stegmaier introduced Mr. William Barksdale who was present
to receive the resolution.
01-591
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. William Rainey Barksdale, 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, William has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Mr. William Rainey Barksdale 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: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Barksdale, accompanied by his mother, congratulated him on
his outstanding achievement, and wished him well in his future
endeavors.
Mr. Barksdale expressed appreciation to his mother and fellow
scouts for their support.
15.
REOUESTS FOR MOBILE HOME PERMITS AND PLAC~D ON T~m
CONSENT AGENDA TO BE ~ARD IN THE FOLLOWING ORDER=
- WITHDRAWALS/DEFERRALS - CASES W~RRE TWm APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITIO)'
- CASES WHERE THE APPLICANT DOES NOT ACCEPT TF~
RECOMMENDATION AND/OR TF~RE IS PUBLIC OPPOSITION WIL?
BE HEARD AT SECTION 17
In Bermuda Magisterial District, MILLER OIL COMPANY, INC.
requested amendment to Conditional Use Planned Development
(Case 97SN0150) and amendment of zoning district map relative
to the hours of operation for a convenience/combination store.
Specifically, twenty-four (24) hour operation is proposed. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
01-592
7/25/01
suggests the property is appropriate for neighborhood
commercial use. This request lies on 2.14 acres fronting
approximately 450 feet on the north line of West Hundred Road,
also fronting approximately 210 feet on the west line of Rock
Hill Road and is located in the northwest quadrant of the
intersection of these roads. Tax ID 797-655-3409 (Sheet 26).
Mr. Jacobson stated that the applicant has requested a deferral
until January 23, 2002.
Mr. Laverne Cole, representing the applicant, requested a
deferral until January 23, 2002.
No one came forward to speak to the deferral.
On motion of Mr. McHale, seconded by Mr. Miller, the Board
deferred Case 01SN0149 until January 23, 2002.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
01SN0235
AND
01PD0244
In Matoaca Magisterial District, SBA PROPERTIES, INC. requested
Conditional Use Planned Development and amendment of zoning
district map and appeals the Planning Commission's Substantial
Accord Determination to permit a communications tower with
height exception in a Residential (R-25) District. The density
of such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 1 to 5 acre
lots. This request lies on 3.94 acres fronting approximately
fifty (50) feet on the south line of Spring Run Road and
located across from Bending Oak Drive. Tax IDs 734-661-Part of
7427 and 735-662-Part of 1264 and Part of 2022 (Sheet 24).
Mr. Jacobson stated that the applicant has requested a deferral
until September 26, 2001.
Mr. Sean Bamman, representing the applicant, requested a
deferral until September 26, 2001.
No one came forward to speak to the deferral.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
deferred Cases 01SN0235 and 01PD0244 until September 26, 2001.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
QISN0163
In Midlothian Magisterial District, SPRINT PCS requested
Conditional Use Planned Development and amendment of zoning
district map and appeals the Planning Commission's Substantial
Accord Determination to permit a communications tower with
height exception in a Residential (R-40) District. The density
of such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for residential use of 1.51 to 4.0
01-593
7/25/01
units per acre. This request lies on 1.8 acres fronting
approximately ninety-five (95) feet on the south line of
Robious Road, across from Polo Parkway. Tax ID 738-714-Part of
6361 (Sheet 2).
Mr. Jacobson stated that Mr. Barber has requested a deferral
until August 22, 2001.
Ms. Lisa Murphy, representing the applicant, stated that Mr.
Barber's request for deferral is acceptable.
No one came forward to speak to the deferral.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
deferred Cases 01SN0163 and 01PD0171 until August 22, 2001.
Ayes: Humphrey, Miller, Barber, McHate and Warren.
Nays: None.
01SN0239
In Midlothian Magisterial District, ISLAMIC CENTER OF VIRGINIA
requested Conditional Use and amendment of zoning district map
to permit a private school and child care center in a
Residential (R-15) District. The density of such amendment
will be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate for
residential use of 1.51 to 4.0 units per acre. This request
lies on 3.3 acres and is known as 1241 Buford Road. Tax ID
757-712-4347 (Sheet 7).
Mr. Jacobson stated that Mr. Barber has requested a deferral
until August 22, 2001.
It was generally agreed that citizens be notified of any
community meetings held relative to the request.
Ms. Robin Colby requested that she be a part of any discussions
relative to the request.
Mr. Malik Kahn requested that, instead of the deferral, the
Board approve the case subject to the applicant's submittal of
documentation to address right of way issues.
Discussion, questions and comments ensued relative to the
Board's ability to condition approval of the request.
Ms. Beverly Rogers stated that Mr. Dan Gecker, Midlothian
District Planning Commissioner, expressed a desire for the
right of way dedication to be complete prior to the Board's
hearing of the case. She further stated that a recommended
condition would require that the right of way will be dedicated
within thirty days of approval of the request, and staff could
take action necessary to ensure compliance with the
requirement. She stated that Mr. Barber had indicated that
there are other issues that also need to be addressed.
Mr. Barber reiterated his request for a deferral until August
22, 2001.
Ms. Nicole Burns, a resident of Sunview Lane, expressed
concerns relative to parking issues, and requested that she be
advised of any community meeting that may be scheduled relative
to the request.
Mr. Dave Robbins, adjacent property owner, expressed concerns
that all of the neighbors be informed of the community meeting.
7/25/01
01-594
There being no one else to speak to the deferral, the public
hearing was closed.
Mr. Barber made a motion, seconded by Mrs. Humphrey, for the
Board to defer Case 01SN0239 until August 22, 2001.
Mr. Barber stated that the County is required by law to notify
adjacent property owners of any public hearings, and will also
provide a more extensive notification of citizens in the
surrounding area of the request relative to any community
meetings scheduled.
Mrs. Humphrey requested that the citizens who were present at
the meeting relative to the request each record their name and
address on a list for notification purposes.
Mr. Barber stated that, because the applicant was unaware of
the requirement to obtain a Conditional Use, the school has
been operating and therefore, the impact already exists. He
further stated that approval of the request would not affect
the parking problems which are being experienced. He noted
that the parking problems exist during worship services, rather
than during school activities. He requested that the applicant
provide a plan to address parking issues as well as the
paperwork required for the right of way dedication prior to the
August 22, 2001 meeting. He stated that, in the interim, he
feels a community meeting should be held to address citizens'
concerns.
Mrs. Humphrey called for a vote on the motion of Mr. Barber,
seconded by Mrs. Humphrey, for the Board to defer Case 01SN0239
until August 22, 2001.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
01SN0221
In Midlothian Magisterial District, J. MARK SOWERS requested
rezoning and amendment of zoning district map from Agricultural
(A) to Corporate Office (0-2). The density of such amendment
will be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate for
planned transition use. This request lies on 10 acres fronting
approximately 630 feet on the west line of Le Gordon Drive,
approximately 270 feet north of Garnett Lane. Tax IDs 725-706-
5071 and 725-707-4903 (Sheet 5).
Mr. Jacobson presented a summary of Case 01SN0221 and stated
that the Planning Commission and staff recommend approval
subject to one condition and acceptance of the proffered
conditions. He noted that the request conforms to the
Midlothian Area Community Plan.
Mr. Mark Sowers, representing the applicant, stated that the
recommendation is acceptable.
No one came forward to speak to the case.
Mr. Barber made a motion, seconded by Mrs. Humphrey, for the
Board to approve Case 01SN0221 subject to one condition and the
acceptance of the proffered conditions.
Mr. Barber stated that Ms. Elaine Beard had expressed concerns
relative to dedication of a conservation easement. He further
stated that he tried unsuccessfully to contact Ms. Beard on
01-595
7/25/01
several occasions, but indicated that he feels the applicant's
intentions relative to a conservation easement address Ms.
Beard's concerns.
Mrs. Humphrey called for a vote on the motion made by Mr.
Barber, seconded by Mrs. Humphrey, for the Board to approve
Case 01SN0221 subject to the following condition:
A fifty (50) foot buffer shall be provided along the southern
boundary of the property. This buffer shall comply with
Sections 19-520 through 19-522 for fifty (50) foot buffers.
(p)
And, further, the Board accepted the following proffered
conditions:
The public water and wastewater systems shall be used.
(u)
Uses permitted on the property shall be limited to those
uses by right or with restriction in zoning ordinances in
neighborhood office (0-1) district. (P)
o
With the exception of timbering which has been approved by
the Virginia State Department of Forestry for the purpose
of removing dead or diseased trees, there shall be no
timbering of the Property until a land disturbance permit
has been obtained from the Environmental Engineering
Department and the approved devices have been installed.
(EE)
Stormwater runoff shall be retained based upon the twenty-
five (25) year post- development rate and released based
upon the ten (10) year pre-development rate. (EE)
Prior to any final site plan approval, thirty (30) feet of
right-of-way on the west side of Le Gordon Drive, measured
from the centerline of that part of Le Gordon Drive
immediately adjacent to the property, shall be dedicated,
free and unrestricted, to and for the benefit of
Chesterfield County. (T)
o
Direct access from the property to Le Gordon Drive shall
be limited to one (1) entrance/exit. The exact location of
this access shall be approved by the Transportation
Department. (T)
Prior to issuance of an occupancy permit, an additional
lane of pavement shall be constructed along Le Gordon
Drive for the entire property frontage. The developer
shall dedicate to Chesterfield County, free and
unrestricted, any additional right-of-way (or easements)
required for this road improvement. (T)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
16. PUBLIC HEARING~
16 .A.
TO CONSIDER VACATION OF A PORTION OF UNIMPROVED
COUNTY RIGHT OF WAY KNOWN AS MORRISETT ROAD
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider the vacation of a portion of
unimproved County right of way known as Morrisett Road.
7/25/01
01-596
Mr. John Cogbill, representing Mr. John Hughes and his family,
stated that Mr. Hughes purchased an 80 acre tract of land in
May 2001 at the end of Morrisett Road and desires to build a
home on the property for his family. He provided a history of
the public right of way known as Morrisett Road and stated that
the road has for many years served the residents as well as
three families who live beyond where the public right of way
ends, who each conveyed a twenty-five foot right of way to the
County in return for receiving variances to build their homes.
He stated that Mr. Hughes requested and was granted permission
by the Board on April 25, 2001 for a proposed eighteen foot
gravel driveway to encroach within the County's unimproved
twenty-five foot right of way known as Morrisett Road, to
access the site of his home. He stated that concerns have been
expressed by residents of Morrisett Road relative to additional
development of the property by Mr. Hughes.
When asked, Mr. Cogbill stated that Mr. Hughes has agreed that
the access road is for the use of Mr. Hughes and his family
only, and any development that might occur in the future would
access via Beach Road. He further stated that Mr. Hughes is
willing to share in the cost of maintaining the road. He
requested that the Board affirm its commitment to the Hughes
family as evidenced by its approval of a license agreement on
April 25, 2001.
When asked, Mr. Cogbill stated that the sale of the property to
Mr. Hughes was contingent upon obtaining a license agreement
from the County for use of the right of way. He further stated
that, after the agreement had been recorded, the closing was
held on the sale of the property to Mr. Hughes.
Mr. Warren requested to reserve the opportunity to ask Mr.
Cogbill questions following the public hearing.
Mr. George Beadles suggested that the process for items brought
forward on the consent agenda to grant license agreements and
vacate property be amended to include notification of adjacent
property owners to address issues before the Board's
consideration of the requested actions.
Mr. Hugh Crittenden, accompanied by Mrs. Mary Crittenden,
residents of Morrisett Road, stated that the road was abandoned
in the late 1930's or early 1940's and was not used again until
he purchased his property in 1971. He further stated that he
and the other residents have made many costly improvements to
the right of way. He presented the Board members with packets
of information relative to the subject property including legal
documents, plats and photographs. He requested that the Board
approve the request to vacate the portion of the unimproved
right of way and recognized approximately sixty people present
at the meeting who stood in support of the action.
Mr. Barber expressed concerns relative to the reason for the
residents' opposition to the Hughes family's use of the right
of way to access their property.
Mr. Crittenden stated that Mr. Hughes has 400 feet of access on
Beach Road to obtain right of way to his property and expressed
concerns relative to use of the Morrisett Road right of way
because of future development by Mr. Hughes.
When asked, Mr. Crittenden stated that the only access he had
to his property when it was purchased in 1971 was the
unimproved right of way.
Mr. Leonard Kirsch, previous owner of the property which
adjoins Mr. Hughes' property, stated that he does not feel a
7/25/01
01-597
right of way exists. He further stated that Mr. Hughes'
property is not landlocked -- it has a right of way off of Beach
Road.
Discussion, questions and comments ensued relative to right of
way improvements required of Mr. Kirsch as a condition of
receiving a variance.
When asked, Mr. Kirsch stated that he does not feel the
unimproved County right of way from Morrisett Road connects to
the Hughes' property.
Mr. Barber expressed concerns relative to the cause for concern
for one additional homeowner's use of the right of way. He
stated that a piece of property can have any number of accesses
to any number of roads and noted that Mr. Hughes has been
granted access through the County's right of way to Morrisett
Road -- not through someone's private property.
Mr. Kirsch expressed concerns that the deed to his property did
not show a right of way.
Mr. Warren stated that the unimproved right of way was shown on
the map presented to the Board by Mr. Crittenden.
Mr. Tim Rice, accompanied by Mrs. Teresa Rice, stated that he
feels the request for a license agreement was incorrectly
presented as a right of way rather than a paved driveway. He
further stated that Mr. Hughes has 420 feet of access off of
Beach Road and is currently accessing his property from
Woodland Pond. He requested that the Board approve the
vacation of the property in question.
Mrs. Rice expressed concerns that no easement was identified on
the property survey received at the closing of the purchase of
her home, but was revised to include the easement six days
after the closing. She stated that her family has owned their
property for approximately eight years and were never notified
that the survey had been revised.
When asked, Mr. and Mrs. Rice indicated that they were never
made aware that an easement existed until the adjoining
property was purchased by the Hughes family.
Mr. Barber stated that the property owned by Mr. Hughes that
fronts on Beach Road may be developed in the future, but there
is no question in his mind that Mr. Hughes cannot use the
Morrisett Road access for a subdivision -- only for his single
home.
When asked, Mrs. Rice stated that she questions whether a
County right of way exists from her property to the Hughes'
property.
Mr. Miller stated that, if the County's right of way exists,
the Board cannot discriminate against citizens for use of the
public right of way. He questioned whether or not the right of
way exists.
Mr. Gary Morrisett provided a brief history of how Morrisett
Road came into existence. He expressed concerns relative to
future development of the Hughes' property.
Mr. James Cale, a resident of Morrisett Road, expressed
concerns relative to use of the right of way by construction
vehicles.
Mr. Leon Reynolds, a resident of Morrisett Road, questioned the
fairness of the citizens who have paid for the road
7/25/01
01-598
improvements sharing the road with an individual solely for his
financial benefit.
Mr. Barber questioned the financial benefit that would be
received by the Hughes family from use of the right of way.
Mr. Reynolds stated that Mr. Hughes has agreed to pay for one-
fourth of the cost of the recent paving of the right of way,
but he feels that Mr. Hughes should pay for an equitable amount
of the improvements that have been made over the past twenty-
eight years to the right of way.
Mr. Barber stated that he does not feel Mr. Hughes owes
anything for past maintenance of the road because he has not
had the use of it.
Mr. Miller again questioned whether or not the right of way
exists to the Hughes' property.
Mrs. Humphrey stated that she will ask for deferral to allow an
opportunity to review the minutes from the 1975 zoning case for
the subject property.
Mr. Miller stated that, if the Board chooses to defer the
issue, he would like the opportunity to review the contract for
the sale of property to the Hughes family.
Mr. John Cogbill expressed concerns that the public hearing was
held without having facts presented by the staff. He stated
that the only three variances granted were done so by the
Reynolds, the Millers and the Kirsches. He further stated that
Mr. Crittenden operates a business from his residence which
increases the burden on the road. He stated that Mr. Hughes
has addressed the residents' concerns by acquiring permission
from Woodland Pond to bring in heavy equipment to his property
and avoid damaging the improvements to Morrisett Road. He
further stated that access to the Hughes' property from Beach
Road would be costly and is not practical. He requested that
the Board not defer the issue because Mr. Hughes has done
everything possible to accommodate the neighbors.
Mr. Miller questioned when and how Mr. Hughes became aware of
the right of way from Morrisett Road to his property.
Mr. Ernest (Rusty) Gates, Jr., attorney who handled the closing
of the purchase of the Hughes' property, stated that he
believes there was a clause in the purchase contract that the
sale was contingent upon Mr. Hughes receiving a license
agreement to access his property from Morrisett Road, or at a
minimum, the contingency clause was discussed in correspondence
between the seller's attorney and himself. He further stated
that the license agreement was applied for and granted prior to
closing and indicated that Mr. Hughes would not have purchased
the property without the license agreement. He stated that
officials from the Virginia Department of Transportation
informed Mr. Hughes of the right of way and instructed him to
apply to the County for a license agreement to use the right of
way.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Warren stated that he feels staff was very clear in its
report of facts surrounding the issue.
When asked, Mr. Harmon stated that there is a twenty-five foot
right of way dedicated to the County by three deeds from the
end of State maintenance to the Hughes' property. He further
stated that he does not know why Mr. Kirsch dedicated twenty-
7/25/01
01-599
five feet rather than the required fifty feet in 1975. He
stated that the staff report from the 1975 variance case
included two conditions: 1) a fifty foot wide public road
easement be dedicated from Point A to Point B which is from the
State maintenance to the Hughes' property line, and no building
permit be issued on the parcel until the dedication is
accomplished; and 2) the applicant construct that part of the
right of way which the parcel fronts along to at least all-
weather road standards -- gravel surface with roadside ditches.
He further stated that, if the road had been improved to the
Hughes property line as required by staff's conditions, Mr.
Hughes would not have had to apply for a license agreement
because it is a public right of way.
Mrs. Humphrey stated that the public hearing is being held
because the residents of Morrisett Road were not notified of
the application for a license agreement. She further stated
that she feels adjoining property owners should be notified of
right of way issues that may not serve the greater good of all
residents.
When asked, Mr. Harmon stated that no taxes are collected for
the property within the twenty-five foot right of way -- it
belongs to the County.
Mr. McHale stated that it is significant that the right of way
was required to be dedicated with the understanding that the
property owners would make certain improvements.
When asked, Mr. Harmon stated that twenty years ago, the County
requested right of way dedication from citizens as a mechanism
to ensure that the right of way for future roads accrued to the
County at no expense.
When asked, Mr. Micas stated that the Board has the legal
ability to vacate a right of way after a license agreement has
been granted for its use if they choose to do so.
Mr. Miller expressed concerns relative to vacating the right of
way when there are no grounds to revoke the license agreement
granted to Mr. Hughes, and indicated that he feels the Board
should be cautious before proceeding with the issue.
Discussion, questions and comments ensued relative to
negotiations between the residents and the Hughes family for
payment of a portion of the improvements to the right of way.
Mr. Warren suggested and it was generally agreed that the Board
take a five minutes recess.
Reconvening:
Mrs. Humphrey stated that she has no support from the Board to
vacate the unimproved portion of the right of way or to defer
the matter. She further stated that a verbal arrangement
between the neighborhood and Mr. Hughes has now been discussed
relative to payment for improvements to the right of way.
Mr. Cogbill stated that Mr. Hughes has agreed: 1) to extend
the driveway to his property; 2) to build his family home on
the property with the possibility that, at some point in the
future, they may want to have a place for their child; 3) to
continue to bring bulldozers and logging trucks into his site
from Woodland Pond as it is cleared; 4) not to be restricted
from use of the right of way after clearing of the site; and 5)
to contribute to the cost of improving and maintaining the road
in the future.
7/25/01
01-600
When asked, Mr. Cogbill stated that Mr. Hughes has only
requested to place one home on the eighteen foot driveway at
this time.
Mrs. Humphrey made a motion for the Board to deny the request
to vacate a portion of unimproved County right of way known as
Morissett Road.
Mr. Barber seconded the motion.
When asked, Mr. Micas stated that it is legal for Mr. Cogbill
to state the Hughes's intentions, but indicated that a
commitment from the Hughes' to enter into a legal document
relative to their intentions would be beneficial. He further
stated that noncompliance would be a representation of bad
faith if the Hughes' attempted to do something else that
required Board approval.
Mrs. Humphrey called for a vote on the motion made by her,
seconded by Mr. Barber, for the Board to deny the request to
vacate a portion of unimproved County right of way known as
Morrissett Road.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
16 .B.
TO CONSIDER THE LEASING OF SPACE ON THE ¢0UNTX'$ BQN
AIR COMMUNICATIONS TOWER TO SPRINTCQM, INCQRPQRATED
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider the leasing of space on the
County's Bon Air Communications Tower to Sprintcom,
Incorporated.
Ms. Lisa Murphy, representing Sprintcom, Incorpoated, stated
that co-location greatly reduces the time and cost involved
providing coverage for customers. She further stated that
Sprint has waited two years to co-locate its antenna on the
County's Bon Air Communications Tower rather than make
application to build another tower in the same area. She
requested that the Board approve the leases between the County
and Sprintcom, Incorporated for space on both the Bon Air and
the Union Branch Communication Towers.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
approved the leasing of space on the County's Bon Air
Communications Tower to Sprintcom, Incorporated.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
16 .C.
TO CONSIDER THE LEASING OF SPACE ON THE COUNTY'S UNION
BRANCH COMMUNICATIONS TOWER TO SPRINTCOM, INCORPORATED
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider the leasing of space on the
County's Union Branch Communications Tower to Sprintcom,
Incorporated.
Ms. Lisa Murphy, representing Sprintcom,
requested that the Board approve the lease.
Incorporated,
01-601
?/ S/Ol
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the leasing of space on the County's Union Branch
Communications Tower to Sprintcom, Incorporated.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
16 .D.
TO CONSIDER THE LEASING OF SPACE ON THE COUNTY'S UNION
BRANCH COMMUNICATIONS TOWER TO TRITON PCS PROPERTY
COMPANY. L.L.C.
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider the leasing of space on the
County's Union Branch Communications Tower to Triton PCS
Property Company, L.L.C.
Ms. Ashley Harwell, representing Triton PCS Property Company,
L.L.C., requested that the Board approve the lease.
When asked, Mr. Robert Eanes, Assistant to the County
Administrator, stated that additional ground floor noise level
testing will ensure that leasing of space on the towers will
not impact the County's Emergency Communications System.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
approved the leasing of space on the County's Union Branch
Communications Tower to Triton PCS Property Company, L.L.C.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
16 .E.
TO CONSIDER THE RESTRICTION OF THROUGH TRUCK TRAFFIC
ON RIVERS BEND BOULEVA~n
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider the restriction of through
truck traffic on Rivers Bend Boulevard. He further stated that
staff does not support the request.
When asked, Mr. McCracken came forward and explained the
Virginia Department of Transportation (VDOT) criteria for
consideration of the restriction of truck traffic. He stated
that staff has recommended that the Board not pursue the
restriction of truck traffic on Rivers Bend Boulevard,
indicating that it was planned as a major road to connect from
Route 10 to Interstate 295 at the proposed interchange for the
Meadowville Technology Park.
Discussion, questions and comments ensued relative to the
possibility for approval of the restriction of truck traffic on
Rivers Bend Boulevard by the Commonwealth Transportation Board.
Mr. John Fulk, a resident of River's Bend, recognized
approximately twenty people present at the meeting who stood in
support of the request. He stated that he feels Rivers Bend
Boulevard is a strong candidate for restriction of truck
traffic according to VDOT criteria. He presented the Board
with a petition containing 95 signatures requesting that
through truck traffic be restricted on Rivers Bend Boulevard,
7/25/01
01-602
and stated that there would have been many more signatures if
the residents had been notified sooner of the public hearing.
He stated that the Eastern Area Land Use and Transpor~a~iQn
Plax indicates that strategies should be used to plan truck
routes to avoid residential areas, and commercial and
industrial traffic should be routed as to avoid residential
neighborhoods and also clustering of residential developments
should be encouraged in order to preserve open space and
provide buffers between residential uses and major noise
generators. He further stated that Rivers Bend Boulevard is a
noise generator going through the heart of the community,
mainly because of truck traffic. He presented the Board
members with a packet of information relative to the request
and reviewed the citizens' reasons for request including
promoting the safety, health and welfare of the citizens; the
environmental impact of trucks; increased noise to residents;
difficulty of residents exiting and entering Rivers Bend
Boulevard; security of the neighborhoods; and Rivers Bend
Business Park has another main entrance to handle trucks at
Route 10 and Kingston Avenue which does not run directly
through residential areas. He stated that he feels Rivers Bend
Boulevard meets the VDOT criteria for restriction of truck
traffic, and requested that the Board move forward with
requesting the restriction of through truck traffic on Rivers
Bend Boulevard.
Mrs. Humphrey stated that the Commonwealth Transportation Board
(CTB) will make the ultimate decision on the issue and
suggested that Mr. Fulk contact Mr. Bryan Kornblau, the
County's CTB representative, and provide him with details
relative to the issue.
Mr. Lance Teillon, a resident of River's Bend, presented the
Board members with a 1988 master plan map in which the River's
Bend area was zoned light industrial, and expressed concerns
that the Board rezoned the area as residential in the early
1990's with the knowledge that a major highway would be going
through the center of the community.
Ms. Michele Schirf, a resident of River's Bend, stated that she
was attracted to the community by its family friendly
environment. She expressed concerns relative to the danger of
crossing Rivers Bend Boulevard to reach the community's
amenities because of increased traffic.
Mr. Gene Taylor, a resident of River's Bend, expressed concerns
relative to trucks trying to enter the Meadowville Technology
Park through the only entrance to River's Bend -- Rivers Bend
Boulevard. He stated that prohibiting truck traffic would
limit the potential for a disaster should the entrance become
blocked.
Ms. Kelly Campbell, a resident of River's Bend, expressed
concerns relative to safety of children when trying to access
the community's amenities.
Mr. Mehboob Munshi stated that he would not have purchased a
lot and built his dream home in River's Bend if he had been
informed that Rivers Bend Boulevard would be used as access to
Interstate 295.
Mr. Greg Hash, a resident of River's Bend, stated that he works
in the business park and feels that a compromise can be reached
relative to restriction of truck traffic. He requested that
the Board consider the safety and welfare of the residents and
children when making its decision.
Ms. Annette Finney, accompanied by her eight-year-old son
Matthew, stated that her son would like to express his views
7/25/o
01-603
about truck traffic on Rivers Bend Boulevard.
Mr. Matthew Finney stated that connecting Rivers Bend Boulevard
to Interstate 295 would create a dangerous situation for
residents trying to cross the street.
Mr. George Beadles stated that roads are designed to handle
traffic, especially roads with no lot frontage.
Mr. Warren commended Mr. Beadles for his consistency in
commenting on requests for restriction of truck traffic.
Mr. Beadles expressed concerns relative to the number of County
roads that are restricted for truck traffic.
Mr. Steven Boychuck, a resident of River's Bend, stated that he
does not feel the intersection of Rivers Bend Boulevard and
Kingston Avenue is suitable for truck traffic. He further
stated that it is reasonable to restrict traffic through a
residential area, and requested that the Board support the
community by supporting the restriction of through truck
traffic on Rivers Bend Boulevard.
Ms. Tara Turash, a resident of River's Bend, stated that her
family would not have moved to the community had they known it
would be a major truck route. She requested that the Board
support the restriction of truck traffic on Rivers Bend
Boulevard.
Mr. Tom McCormack, a resident of River's Bend, requested that
the Board consider the other options and support restriction of
truck traffic on Rivers Bend Boulevard for the good of the
community.
Mr. Berkley Matthews, a Meadowville Road resident, stated that
when the Board considered past zoning cases, the residents
expressed concerns relative to the necessity for road
development and problems that would occur because of increased
traffic. He further stated that he feels Kingston Road should
be redesigned to handle the traffic.
Mr. Fulk invited the Board members to come and view the issues
presented by the residents.
Mr. Beadles stated that, if all requests for truck traffic
restriction were granted, trucks would have to by-pass
Chesterfield County entirely. He expressed concerns relative
to increased traffic throughout the County and stated that
there is not enough funding available for the road improvements
necessary to address traffic issues.
There being no one else to speak to the issue, the public
hearing was closed.
Discussion ensued relative to restriction of truck traffic on
roads which cut through other communities in the County and the
vehicles which would be prohibited from the area if it were
approved for through truck traffic restriction.
Mr. McHale expressed concerns that the issue is difficult
because the residents did not understand the intended use of
Rivers Bend Boulevard when their property was purchased. He
stated that he understands staff's viewpoint and indicated that
he has no illusions about the Commonwealth Transportation
Board's approval of the request, but is sympathetic to the
residents, concerns.
Mr. McHale then made a motion for the Board to adopt a
resolution requesting that the Virginia Department of
7/25/01
01-604
Transportation restrict through truck traffic on Rivers Bend
Boulevard.
Mrs. Humphrey seconded Mr. McHale's motion and again suggested
that the residents meet with Mr. Bryan Kornblau, Chesterfield's
representative to the Commonwealth Transportation Board, and
also State legislative representatives relative to the issue.
Mrs. Humphrey then called for a vote on the motion made by Mr.
McHale, seconded by Mrs. Humphrey, for the Board to adopt the
following resolution:
WHEREAS, the Chesterfield County Board of Supervisors
received a request to restrict any through truck or truck and
trailer or semi-trailer combination except pickup or panel
trucks from using Rivers Bend Boulevard between East Hundred
Road and Kingston Avenue; and
WHEREAS, the recommended alternate route is Kingston
Avenue (Route 4841) and East Hundred Road (Route 10); and
WHEREAS, Chesterfield County will use its good offices for
enforcement of the proposed restriction; and
WHEREAS, the Board has conducted a public hearing on the
restriction.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors requests the Virginia Department of Transportation
to restrict through truck traffic on Rivers Bend Boulevard
between East Hundred Road and Kingston Avenue.
After the voice vote, Mrs. Humphrey questioned what the vote
was, and Mr. Micas indicated that the motion was adopted four
ayes and one nay.
Mr. Barber clarified that he voted in opposition to the motion.
Ayes: Humphrey, McHale and Warren.
Nays: Miller and Barber.
On motion of Mr. Barber, seconded by Mr. Miller, the Board
suspended its rules to consider items after 11:00 p.m.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
16.F, TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF HOME
ACRES SUBDIVISION
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider an ordinance to vacate a
portion of Home Acres Subdivision.
No one came forward to speak to the issue.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to BARBAR3~ MARIE
FRITH, ("GRANTEE") a portion of Home Acres
Subdivision, BERMUDA 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 4,
7/25/01
01-605
at Pages 96 and 97.
WHEREAS, BARBARA MARIE FRITH, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
portion of Home Acres Subdivision, BERMUDA Magisterial
District, Chesterfield County, Virginia more particularly shown
on a plat of record in the Clerk's Office of the Circuit Court
of said County in Plat Book 4, Pages 96 and 97, by CHAS. B.
JOHNSON, dated NOVEMBER 7, 1927 and revised NOVEMBER 27, 1927.
The portion of Home Acres Subdivision petitioned to be vacated
are more fully described as follows:
Lots 1 and 2, Block 15; Lot 1, Block 26; Lots 1 and
4, Block 16; Lots 1 and 4, Block 25; Lot 1, Block
27; portions of alleys; and streets known as Glenn
Street, Bermuda Avenue and Helipore Boulevard, Home
Acres Subdivision, the location of which is more
fully shown on the map attached hereto and made a
part of this Ordinance.
WHEREAS, notice has been given pursuant to Section
15.2-2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance of
the portion of subdivision sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Codeof
Virginia, 1950, as amended, the aforesaid portion of Home Acres
Subdivision, be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the map attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of the
Circuit Court of Chesterfield County, Virginia pursuant to
Section 15.2-2276 of the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-2274
is to destroy the force and effect of the recording of the
portion of the plat vacated. This Ordinance shall vest fee
simple title to the centerline of the portions of alleys, and
streets known as Glenn Street, Bermuda Avenue and Helipore
Boulevard, hereby vacated in the abutting property owner within
Home Acres Subdivision, 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 BARBARA MARIE
FRITH, or her successors in title, as GRANTEE.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
17. REMAINING MOBILE HOME PERMITS AND ZONING REOUEST~
In Bermuda Magisterial District, JESUS CERRITOS requested a
Mobile Home Permit to park a mobile home in a Residential (R-7)
District and amendment of zoning district map. The density of
this proposal is approximately five (5) units per acre. The
Comprehensive Plan suggests the property is appropriate for
7/25/01
01-606
residential use of 2.51 - 4 units per acre. This property is
known as 2470 Osborne Road. Tax ID 798-659-0951 (Sheet 26).
Mr. Jacobson presented a summary of Case 01SN0277 and stated
that staff recommends denial because the request appears to be
out of character with the neighborhood.
Mr. Carlos Cerritos was present representing the applicant.
Mr. Mark Seamster, stated that there are mobile home parks
located nearby where the applicant could place his mobile home.
He indicated that he does not support the request.
Ms. Jeanette Bosher, adjacent property owner, stated that she
does not support the request.
Ms. Elizabeth Jackson, a resident of Arcadia Avenue, stated
that she does not support the request.
Mr. John Frazier, a resident of Osborne Road, suggested that
the applicant build a home on the property rather than placing
a mobile home there.
There being no one else to speak to the case, the public
hearing was closed.
Mr. McHale stated that he supports staff's position that a
mobile home would be out of character for the neighborhood and
area development.
Mr. McHale then made a motion, seconded by Mr. Warren, for the
Board to deny Case 01SN0277.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
01SN0168
In Dale Magisterial District, DOUGLAS J. AND DEBORAH A. HACKMAN
requested Conditional Use Planned Development and amendment of
zoning district map to permit office use and exceptions to
Zoning Ordinance requirements. The density of such amendment
will be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate for
use residential use of 1.0 to 2.5 units per acre. This request
lies in an Agricultural (A) District on approximately 7.2 acres
fronting approximately 670 feet on the west line of Newbys
Bridge Road, approximately 200 feet south of Sunnygrove Road.
Tax ID 758-681-2847 and Part of 4279 (Sheet 17).
Mr. Jacobson presented a summary of Case 01SN0168 and stated
that staff had recommended denial because the request does not
conform with the Central Area Plan which suggests the property
is appropriate for residential use. He further stated that
staff feels approval of the request could establish a precedent
for similar non-residential development along this portion of
Newbys Bridge Road. He stated that the Planning Commission is
recommending approval with proffered conditions, the most
critical one being that the Conditional Use Planned Development
is limited to one year.
Ms. Ashley Harwell, representing the applicant, requested the
Board's approval of the request. She stated that the proffered
conditions address maintaining the agricultural atmosphere.
She further stated that the proffered conditions limit the
number of employees on the site and prohibit the treatment of
clients or patients at the property. She stated that the
01-607
7/ 5/o
square footage of the offices, business hours and exterior
lighting will be limited, and no signage will be visible from
Newbys Bridge Road. She further stated that the requested
Conditional Use Planned Development would allow the applicant
time to relocate their offices to a new site. She recognized
eight people present at the meeting who support the request.
When asked, Ms. Harwell stated that the proffered conditions
are acceptable and the applicant understands that the
Conditional Use Planned Development is limited to one year.
Ms. Diana Parker, representing the Sierra Club, stated that the
applicant is an exemplary neighbor providing valuable services
and generating little traffic. She further stated that all
commercial activities are accomplished off-site, and suggested
that the Board consider adding additional years to the
Conditional Use Planned Development. She stated that she feels
the proffered condition relative to land for road expansion is
an unfair condition.
Mr. George Beadles expressed concerns that many recent cases
have involved correction of zoning violations that have
occurred for a while, and suggested that the County hire
additional zoning inspectors to investigate potential violators
of the zoning ordinance relative to businesses in areas that
are not zoned for business.
Mr. Kevin McGowan, a resident of Newbys Wood Subdivision,
stated that he feels the business is an asset to the
neighborhood and indicated that he supports the request.
There being no one else to speak to the case, the public
hearing was closed.
Mr. Miller stated that the request originated as a consequence
of discovering the operation of a business without appropriate
zoning. He further stated that he understands staff's report,
but feels the Planning Commission has recommended a workable
solution.
Mr. Miller then made a motion, seconded by Mr. McHale, for the
Board to approve Case 01SN0168 and accept the following
proffered conditions:
The property owner (the "Owner") in this zoning case, pursuant
to Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for themselves
and their successors or assigns, proffer that the development
of the Property known as Chesterfield County Tax ID/GPIN 758-
681-2847 and part of 758-681-4279 (the ~lProperty") under
consideration will be developed according to the following
conditions if, and only if, the request for the Conditional Use
Planned Development with development exceptions is granted. In
the event the request is denied or approved with conditions not
agreed to by the Owner, the proffers and conditions shall be
immediately null and void and or not further force or effect.
This Conditional Use Planned Development shall be granted
for a period not to exceed one (1) year from the date of
approval. This Conditional Use Planned Development shall
be granted to and for Douglas J. and Deborah A. Hackman,
or to an entity in which at least one of them owns a
controlling interest, and shall not be transferable nor
run with the land. (p)
o
This Conditional Use Planned Development shall be limited
to a home health care administrative office use. A maximum
of seventeen (17) employees shall maintain offices on the
Property at any one time and a maximum of twenty (20)
7/25/01
01-608
o
o
o
10.
11.
12.
13.
employees shall be permitted on the Property at any one
time. Provided, however, a maximum of two (2) company
functions may occur on the Property during any one (1)
calendar year where more than twenty (20) persons are on
the Property at any one time. (P)
No clients shall be treated or consulted on the Property.
No retail or wholesale sales shall be conducted on the
Property. (P)
Operation of this Conditional Use Planned Development
shall be limited to the buildings noted on the plan as
Barn/Office, House/Office and Office, entitled, "Freedom
Inc., 5418 Newbys Bridge Road Chesterfield Co., Virginia"
and dated June 4, 2001 (the "Plan"). There shall be no
additions or exterior alterations to these structures to
accommodate this use except those required by the Virginia
Uniform Statewide Building Code (VAUSBC). Such uses shall
occupy no more than 5,000 square feet of gross floor area.
(P & BI)
For any function attended by fifty (50) or more persons,
a minimum of one (1) portable toilet for each 100 persons
in attendance shall be provided on the Property. (H)
Ail uses shall be conducted entirely within enclosed
buildings, except for accessory automobile parking and
functions where more than twenty (20) persons may be
located on the Property at any one time, as described in
Proffered Condition 2. (P)
Business hours shall be limited to Monday through Friday
from 7 a.m. to 8 p.m. (P)
Loading areas, loading docks and drive-in loading doors
shall be prohibited. (P)
There shall be no exterior lighting other than security
lighting which all comply with Section 19-573 of the
Zoning Ordinance and shall not exceed a height of twelve
(12) feet. The amount of security lighting shall be
approved by the Planning Department. (P)
With the exception of six (6) parking spaces which may be
located in front of the ~'Barn/Office" building as noted in
the "Plan," all parking shall be located behind buildings
as generally depicted on the '~Plan." (P)
There shall be no visible signage from Newbys Bridge Road
that identifies the use. (P)
Direct access from the Property to Newbys Bridge Road
shall be limited to one (1) entrance/exit. The exact
location of this access shall be approved by the
Transportation Department. (T)
A revised centerline, based on VDOT's Minor Arterial
Standards (50 MPH) with modifications approved by the
Transportation Department, for Newbys Bridge Road shall be
submitted to, and approved by, the Transportation
Department. Prior to any final site plan approval, forty-
five (45) feet of right-of-way on the west side of Newbys
Bridge Road, measured from the approved revised centerline
for that part of Newbys Bridge Road immediately adjacent
to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
01-609
7/25/01
14.
The unenforceability, illegality, elimination, revision or
amendment of any proffer set forth herein, in whole or in
part, shall not affect the validity or enforceability of
the other proffers or the unaffected part of any such
proffers. (p)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
In Clover Hill and Dale Magisterial Districts, BELMONT LLC
(JAMES ALVIN COLLINS AND WILLIAM E. GOODE) requested rezoning
and amendment of zoning district map from Agricultural (A) and
Residential (R-12) to Residential (R-12) with Conditional Use
to permit child care center use; amendment to Conditional Use
Planned Development (Case 82S022) relative to house sizes; plus
proffered conditions on an adjacent Residential (R-7) tract.
Residential use of up to 3.63 units per acre is permitted in a
Residential (R-12) District and up to 4.84 units per acre is
permitted in Residential (R-7) and Residential (R-9) Districts.
The density of the daycare center use will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for residential use
of 1.0 to 4.0 units per acre. This request lies on 103.3 acres
fronting approximately 1,580 feet on the west line of Belmont
Road approximately 1,850 feet south of Turner Road, also
fronting approximately twenty-five (25) feet on the south line
of Old Creek Road, approximately 100 feet east of Laughton
Drive and lying at the termini of Dortonway Drive and West
Road. Tax IDs 764-690-6999; 765-690-2942; 766-689-6669; 767-
688-2965; 767-689-1617, 3492, 4132, 5094 and 7424; 767-690-
7829; and 768-689-0167 (Sheet 11).
Ms. Beverly Rogers presented a summary of Case 01SN0179 and
stated that the applicant has submitted an addendum today which
would modify the proffered condition addressing provision of
curb and gutter adjacent to the required sidewalk which will be
constructed along Dortonway Drive Extended. She further stated
that County policies and ordinances would require a sidewalk to
be constructed along that particular road extension. She
stated that the proffered condition submitted at the Planning
Commission meeting was done at the request of the Clover Hill
and Dale District Planning Commissioners. She further stated
that, after further thought, the applicant is proposing an
amendment which would allow the Planning Commission to modify
the curb and gutter requirement at the time of tentative
subdivision review after they have received a particular road
design and provided that the road and sidewalk design equally
facilitate pedestrian movements as a curb and gutter section
would. She stated that, if the Board wishes to consider the
addendum, it would be necessary for the Board to suspend its
rules. She further stated that staff and the Planning
Commission have recommended approval and acceptance of the
proffered conditions, and staff would recommend approval of the
modification of the proffered condition relative to the
sidewalk along Dortonway Drive. She noted that staff has
discussed the modification with the Planning Commissioners from
Dale and Clover Hill who have indicated that the modification
would accomplish their spirit and intent because they would be
allowed to review the detailed design at a later date. She
noted that the request conforms to the Central Area Pla~, is
compatible with area development, and the proffered conditions
address the impact on capital facilities as well as provide for
higher development standards on the existing zoned property
that is the major portion of the request.
7/25/01
01-610
Mr. Andy Scherzer, representing the applicant, requested the
Board's approval as proffered and also requested that the Board
suspend its rules to accommodate the proposed modification.
Mr. George Beadles expressed concerns relative to the
possibility of a future request for restriction of through
truck traffic on Dortonway Drive Extended because of increased
traffic from the proposed development.
There being no one else to speak to the case, the public
hearing was closed.
After brief discussion, Mr. Warren made a motion, seconded by
Mr. Miller, for the Board to suspend its rules to consider
acceptance of the amended proffered condition.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved Case 01SN0179 and accepted the following proffered
conditions:
I. proffered Conditions-Parcels A. B. C, D and E:
Plan. For the purposes of these proffered
conditions, the plan prepared by Balzer and
Associates, Inc., dated December 18, 2000, with
revisions dated June 6, 2001, and entitled "Windy
Creek Zoning Plan" shall be considered the '~Plan."
Further, all references to Parcel "E" shall include
Parcel ~E-i". (P)
Cash Proffer. The applicant, subdivider, or
assignee(s) shall pay the following to the County of
Chesterfield, prior to the issuance of a building
permit, for infrastructure improvements within the
service district for the property for each dwelling
unit in excess of 206:
$7,800 per dwelling unit, if paid prior to July
1, 2001; or
The amount approved by the Board of Supervisors
not to exceed $7,800.00 per dwelling unit
adjusted upward by any increase in the Marshall
and Swift Building Cost Index between July 1,
2000 and July 1 of the fiscal year in which
payment is made if paid after June 30, 2001.
C ·
In the event the cash payment is not used for
the purpose for which proffered within 15 years
of receipt, the cash shall be returned in full
to the payor. (B&M)
~. The public water and wastewater systems
shall be used. (U)
o
Stormwater Management. The project shall incorporate
stormwater management engineering to the extent
necessary that the culvert under Belmont Road into
which this project drains, shall perform in
accordance with the VDOT 10-year storm minimum
requirements under an ultimate development scenario
for its contributing watershed. (EE)
o
Curb and gutter shall be installed along Dortonway
Drive Extended on that side of Dortonway Drive
having a sidewalk. The exact location and design of
7/25/01
01-611
II.
the curb and gutter and sidewalk shall be approved
at the time of subdivision approval. Provided,
however, the Planning Commission may grant relief
from the curb and gutter requirement at the time of
tentative subdivision approval if the proposed
design would equally facilitate pedestrian movement.
(p)
Proffered Conditions-Parcels A, B and C
o
o
~. The Residential development shall not
exceed forty-four (44) dwelling units on Parcel A
and shall not exceed thirty-six (36) dwelling units
on Parcel B except that if dwelling units are
constructed on Parcel C, the density of Parcels A
and C shall not exceed 2.5 dwelling units per acre.
(p)
BMPs Designed as Amenities. Any above-ground
facilities required for water quantity or quality
control shall be designed as wet ponds and shall be
landscaped or otherwise improved so that the
facilities become visual enhancements to, and
amenities for, uses developed on the property. At
the time of site plan or tentative subdivision plan
review, a plan depicting these requirements shall be
submitted for review and approval. (P&EE)
Timbering Restriction. Except for timbering
approved by the Virginia State Department of
Forestry for the purpose of removing dead or
diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been
obtained from the Environmental Engineering
Department and the approved devices have been
installed. (EE)
Right-of-Way Dedication. In conjunction with
recordation of the initial subdivision plat or prior
to any site plan approval, whichever occurs first,
the following rights-of-way shall be dedicated, free
and unrestricted, to and for the benefit of
Chesterfield County:
Forty-five (45) feet of right-of-way on the
west side of Belmont Road, measured from the
centerline of that part of Belmont Road
immediately adjacent to the property; and
bo
A sixty (60) foot wide right-of-way for the
proposed east/west collector (Dortonway Drive
Extended) from Belmont Road to the western
property line. The exact location of this
right-of-way shall be approved by the
Transportation Department. (T)
Access to Belmont Road. Direct access from the
property to Belmont Road shall be limited to one (1)
public road (Dortonway Drive Extended). The exact
location of this access shall be approved by the
Transportation Department. (T)
Access to Dortonwa¥ Drive Extended. Direct access
from the property to Dortonway Drive Extended shall
be limited to three (3) entrances/exits, located as
generally shown on the "Plan." The exact location of
these accesses shall be approved by the
Transportation Department. (T)
7/25/01
01-612
III.
o
10.
Transportation Improvements. To provide an adequate
roadway system, the developer shall be responsible
for the following:
Construction of two (2) lanes of Dortonway
Drive Extended, to VDOT Urban Collector
Standards (40 mph) with modifications approved
by the Transportation Department, from Belmont
Road to the western property line;
bo
Construction of additional pavement along
Dortonway Drive Extended to provide a three (3)
lane typical section (i.e. one (1) westbound
lane and two (2) eastbound lanes) at its
intersection with Belmont Road;
C ·
Construction of additional pavement along the
Belmont Road at the Dortonway Drive Extended
intersection to provide left and right turn
lanes if warranted, based on Transportation
Department standards;
do
Construction of additional pavement along
Dortonway Drive Extended at each approved
access to provide left and right turn lanes if
warranted, based on Transportation Department
standards;
Relocation of the ditch to provide an adequate
shoulder along the west side of Belmont Road
for the entire property frontage; and
Dedication to Chesterfield County, free and
unrestricted, ~of any additional right-of-way
(or easements) required for the improvements
identified above. (T)
Transportation Phasinq Plan. Prior to any
construction plan approval or site plan approval,
whichever occurs first, a phasing plan for the
required road improvements, as identified in
Proffered Condition 8, shall be submitted to and
approved by the Transportation Department. (T)
Minimum House Size. Dwelling units shall have a
minimum gross floor area of 1,400 square feet except
for two (2) story units, which shall have a minimum
gross floor area of 1,600 square feet. (P)
Foundations. Ail exposed portions of the foundation
of each dwelling shall be covered with a brick or
stone veneer, stamped concrete (e.g. "stampcrete") or
Dryvit-type material. (P)
proffered Conditions-Parcels D and E:
Minimum House Size. Dwelling units on lots having
sole access to Creekwood subdivision shall have a
minimum gross floor area of 1,900 square feet except
for two (2) story units which shall have a minimum
gross floor area of 2,000 square feet. All other
dwelling units shall have a minimum gross floor area
of 1,400 square feet except for two (2) story units
which shall have a minimum gross floor area of 1,600
square feet. (P)
(Staff Note: This condition supersedes Condition 8
of Case 82S022.)
01-613
7125101
o
Foundations. All exposed portions of the foundation
of each dwelling shall be covered with brick or
stone veneer, stamped concrete (e.g. ~'stampcrete") or
Dryvit-type material. (P)
Density. Development shall not exceed 200 dwelling
units on Parcel E and shall not exceed six (6)
dwelling units on Parcel D. (P)
IV. Proffered Conditions-Parcel C:
Uses. The uses permitted on Parcel C shall be limited to
a child care center or those uses permitted by right or
with restrictions in the Residential (R-12) District. Any
child care center shall be subject to compliance with
Emerging Growth District standards of the Zoning Ordinance
for the Neighborhood Office (0-1) District except as
specified herein. The child care center buildings shall
be limited to a total of 10,000 gross square feet. (P)
Proffered Conditions-Parcel E:
Road Connections. West Trail and Laughton Drive
shall not be extended to serve this development. (T)
o
Prior to, or in conjunction with, the recordation of
any lots with vehicular access through Creekwood
Subdivision, the following declaration shall be
recorded:
Whereas, the Developer declares and makes known the
restrictions and covenants to which the above lots
are subject and adds the Property to the scheme of
the Declaration of Covenants ("Covenants") dated
August 11, 1975 and recorded August 20, 1975 in the
Clerk's Office Circuit Court of Chesterfield County,
Virginia in Deed Book 1164, Page 757 and to subject
the property to the jurisdiction of the Creekwood
Owners Association, Inc. a Virginia corporation so
as to provide for an orderly development of the
Property as an integral part of the residential
community known as the Creekwood Subdivision. (P)
3. Lot Area and Setbacks.
so
A minimum of 7,000 square feet of the required
lot area shall be contained in a single
contiguous area and shall not be bisected or
include any area encumbered by easements/rights
of way for overhead electric transmission.
Further, the building setbacks shall be
measured from the edge of the overhead electric
transmission easement.
Lots that have their sole access through
Creekwood, Section M shall have a minimum lot
size of 18,260 square feet.
Lots that have their sole access through Old
Creek West Section 8 shall have a minimum lot
size of 12,200 square feet. (P)
o
Access to Creekwood Subdivision. The maximum number
of lots with vehicular access through Creekwood
Subdivision shall be limited to fourteen (14) with a
maximum of four (4) of such lots located within the
area shown as Parcel '~E-I" on the ~Plan." (P & T)
Tentative Subdivision Plan Approval. No lots in
7/25/01
01-614
Parcel E shall be recorded after approval of this
case until a Tentative Subdivision Plan for that
part of Parcel E is submitted and approved as being
in compliance with all proffered conditions in this
case affecting Parcel E. (P)
(Staff Note: The proffered conditions for Parcel E are in
addition to the conditions of Case 82S022 except Condition
8 of Case 82S022 which has been modified by this request.)
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
01SN0245
In Midlothian Magisterial District, ALLEN L. KIDD requested
rezoning and amendment of zoning district map from Agricultural
(A) to Corporate Office (0-2). The density of such amendment
will be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate for
residential use of 1.51 to 4.0 units per acre or less. This
request lies on 5.6 acres fronting approximately 820 feet on
the west line of North Arch Road across from Arboretum Parkway,
approximately 120 feet south of Knightsbridge Road. Tax IDs
752-704-1695 and 752-705-2621, 3439 and 3751 (Sheet 6).
Ms. Rogers presented a summary of Case 01SN0245 and stated that
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. She further stated
that, although the Northern Area Land Use and Transportation
Plan suggests that the request property is appropriate for
residential use, the property fronts a major arterial and is
located directly across the street from The Arboretum
development. She stated that staff feels the limited office
use with restrictions provides an appropriate transition
between The Arboretum and the single family residential
development located immediately to the west.
Mr. Dean Hawkins, representing the applicant, stated that the
recommendation is acceptable.
Mr. David Robinson, President of the Shenandoah Community
Association, expressed concerns relative to additional traffic
that would be generated by the request. He stated that the
community feels a traffic signal at The Arboretum and North
Arch Road would alleviate some of the residents' traffic
concerns, but indicated that he was informed by the County's
Transportation Department that a traffic signal was not
foreseeable for the intersection. He further stated that the
residents of Shenandoah do not support the proposed request and
requested that the Board deny the request because of increased
traffic and the locating of an office complex next to a
residential community.
Mr. Jim Vance, a resident of the Shenandoah community,
expressed concerns relative to additional traffic that would be
generated if the request is approved. He stated that residents
of Chessington Road were present in opposition to the request,
but had to leave because of the late hour.
There being no one else to speak to the case, the public
hearing was closed.
When asked, Mr. McCracken stated that he has received updated
information relative to a traffic signal at North Arch Road and
The Arboretum. He further stated that the Virginia Department
of Transportation (VDOT) now indicates that it could support
7/2s/0
01-615
the installation of a traffic signal at the location. He
stated that he has spoken with the Arboretum Association who is
obligated to provide $90,000 for installation of a traffic
signal. He further stated that additional ~turn lanes will
probably be required before installation of the signal and
indicated that funding has not been approved in the County's
Six Year Plan to provide for the turn lanes.
Mr. Barber requested that Mr. McCracken bring forward a project
to construct the turn lanes in the next update of the Six Year
Plan.
When asked, Mr. McCracken stated that he would anticipate that
the majority of the estimated 860 average daily trips that
would be generated by the development would not go through the
Shenandoah neighborhood.
Discussion ensued relative to imposing conditions that would
restrict access from the proposed development into the
neighborhood.
Mr. Warren stated that he would not support the request if
there were access to the neighborhood on a commercial basis.
Mr. Hawkins stated that the request property is surrounded by
residential lots that are occupied, and there is no way to
access the area. He further stated that it is the applicant's
intent to come off the southern side of the property onto North
Arch Road as far away from The Arboretum entrance as possible.
When asked, Mr. Hawkins stated that the applicant is willing to
submit a proffered condition guaranteeing that he will not seek
any access from the subject property to any of the streets
within Shenandoah Subdivision.
Ms. Rogers stated that County ordinances prohibit access to the
subject property through recorded lots zoned Residential R-7.
She further stated that there is a possibility of access
through the O-1 property located at the intersection of
KnightsbridHe and North Arch Roads. She stated that the
proffered condition that Mr. Hawkins had indicated the
applicant would agree to should address the 0-1 property rather
than the Residential (R-7) property.
Mr. Micas stated that, if the Board were to accept a new
proffered condition, it would be necessary to defer the case
for thirty days.
Ms. Rogers stated that the Board could impose a buffer
condition between the office property to the north and the
subject property whereby there could be no access through the
buffer.
Mr. Hawkins stated that the 0-1 property is very small, and he
anticipates it may be combined in the future with the
applicant's property. He further stated that there is no
direct access from the subject property to the neighborhood,
and the standards of development require the applicant to have
a buffer condition between the subject property and the
residential lots.
Discussion, questions and comments ensued relative to VDOT's
support of a traffic signal at Arboretum Parkway and North Arch
Road.
Mr. Warren stated that he would prefer to defer the case for
thirty days to allow for discussion with Shenandoah residents
to address traffic issues. He noted that Shenandoah is
proposed to move from the Midlothian District to the Clover
7/25/01
01-616
Hill District as part of the County's redistricting plan.
Mr. Barber stated that he is comfortable with the Planning
Commission's recommendation, but because the applicant has no
immediate plans for development of the property, he will
support Mr. Warren's suggested deferral.
Mr. Barber then made a motion, seconded by Mr. McHale, for the
Board to defer Case 01SN0245 until August 22, 2001.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
18. ADJOURNMENT
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
adjourned at 12:23 a.m. until August 7, 2001 at 4:00 p.m.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
Lane B. Ramsey --- /
County Administrato/
01-617
Renny B~-~h Humphrey
Chairman
7/25101