06-18-2003 MinutesBOARD OF SUPERVISORS
MINUTES
June 18, 2003
Supervisors in Attendance=
Staff in Attendance=
Mr. Arthur S. Warren, Chairman
Mr. J. L. McHale, III, Vice Chrm.
Mr. Edward B. Barber
Mrs. Renny B. Humphrey
Mr. Kelly E. Miller
Mr. Lane B. Ramsey
County Administrator
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Ms. Marilyn Cole, Asst.
County Administrator
Mr Roy Covington, Asst.
Director, Utilities
Ms Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr Mike Dance, Asst.
Director, Accounting
Mr William W. Davenport,
Commonwealth's Attorney
Ms Rebecca Dickson, Dir.,
Budget and Management
Mr James Dunn, Dir.,
Economic Development
Mr William Dupler,
Building Official
Ms Lisa Elko, CMC
Clerk
Chief Stephen A. Elswick,
Fire Department
Ms. Karla Gerner, Dir.,
Human Resource Mgt.
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. H. Edward James,
Dir., Purchasing
Mr. Donald Kappel, Dir.,
Public Affairs
Ms. Kathryn Kitchen, Asst.
Supt. of Schools for
Business and Finance
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Steven L. Micas,
County Attorney
Mr. Francis Pitaro, Dir.,
General Services
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06/18/03
Mr. Dean Sasek, Asst.
Right-of-Way Manager
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Sheriff Clarence Williams,
Sheriff's Department
Mr. Warren called the regularly scheduled meeting to order at
3:07 p.m.
1. APPROVAL OF MINUTES
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the minutes of May 28, 2003 and June 4, 2003, as
submitted.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Sheriff Williams introduced Mr. Ernest H. O'Boyle,
Director of the Virginia Law Enforcement Accreditation
Center.
Mr. O'Boyle stated Chesterfield County is joining only
two other counties in the Commonwealth of Virginia where
both the Sheriff's Office and the Police Department have
been accredited. He further stated the Chesterfield
Sheriff's Department is truly a professional law
enforcement agency. He then introduced Sheriff F. W.
Howard, New Kent County, and Sheriff Charles Jett,
Stafford County, members of the Accreditation Executive
Board.
Sheriff Howard presented the Certificate of
Accreditation for the Chesterfield County Sheriff's
Office to Sheriff Williams.
A standing ovation followed.
Sheriff Williams stated he is very proud to serve the
citizens of Chesterfield County. He recognized several
former county sheriffs and stated the deputies and other
Sheriff's Office personnel deserve the credit for this
great accomplishment.
Ms. Alice Magee, Vice-Chairperson of the Disability
Services Board (DSB) reported on the findings of the
DSB's 2002 Needs Assessment report. She stated it is
impossible to determine the number of county citizens
with physical and sensory disabilities and the
information in the report was collected through consumer
and telephone surveys. She reviewed goals for the DSB
for the next biennium including considering ways to
enhance assistive technology; use of recreational
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06/18/03
activities; continued funding of the Chesterfield Long
Term Care Council; working with Parks and Recreation to
help develop programs that meet the needs of the
disabled; and continued education on Americans with
Disabilities Act (ADA) legislation.
Mrs. Humphrey noted the necessity of making disabled
residents fully aware of the various waiver programs
through Social Services.
Ms. Magee stated that, although Chesterfield's
population is aging, the majority of the survey
responses were regarding the age group of 6-20. She
then introduced members of the Disability Services Board
who were present at the meeting.
Members of the county's Diversity Internship program
introduced themselves to the Board.
Mr. Ramsey recognized Ms. Mary Martin and Ms. Tasha
Mason, who are coordinating the internship program.
Mr. Ramsey stated that for the 22nd consecutive year, the
Accounting Department has received the Government
Finance Officers Association (GFOA) Certificate of
Achievement for Excellence in Financial Reporting.
Mr. Mike Dance, Assistant Director of Accounting,
introduced Ms. Donna Arrington, Ms. Carol Kelley, Ms.
Dawana Lowry, Ms. Nora Wooten, Ms. Karen Yuhase and Mr.
Jeff Franklin who were presented with framed
certificates of achievement from GFOA by Mr. Warren.
(It is noted Ms. Rose Usher and Ms. Debbie Cosgrove also
received framed certificates but were unable to attend
the meeting to receive them.)
Mr. McHale congratulated the Accounting Department on
their sustained excellence.
Mr. Covington provided an update on the levels of Methyl
Tertiary-Butyl Ether (MTBE) in Lake Chesdin. He stated
the levels have been continually below the detection
limits of five parts per billion during the last three
quarters.
Mr. Ramsey stated Ms. Joan Salvati is coordinating with
Mr. Dee Hartman at the Appomattox River Water Authority
on testing water in the lake at different levels during
the summer months.
When asked, Mr. Covington stated tests are completed
quarterly, and he does not know why data was not
available for July 2002.
Mr. Warren requested that Mr. Covington determine why no
data was received during July 2002. He provided Mr.
Covington with a report on ethanol presented to the
Board by Mr. Dick Page and requested that he and Ms.
Salvati review the information and report back to the
Board regarding its impact on the Board's ability to
implement future requirements.
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06/~8/03
Mrs. Humphrey stated she feels the MTBE levels should be
checked at least monthly during the months of April
through October. She noted that water collection data
was very skewed last summer due to reduced water levels.
Mr. Warren stated he feels the county should consider
doing independent testing on its own. He noted that
other states are taking this issue very seriously, and
at least two states have banned two-cycle engines in its
water resources. He stated he hopes the county will
become a leader in protecting its water resources.
Mr. Ramsey stated the Board had previously accepted
staff's recommendation that as long as the MTBE levels
were low or undetected, the county would follow the
Environmental Protection Agency (EPA) process.
3. BOARD COMMITTEE REPORTS
Mr. Warren stated he attended Clover Hill High School's
graduation on June 13, 2003 and relayed several
accomplishments of the school, including receiving over $3.3
million in scholarships.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
added Item 5.B., Resolution Recognizing Mr. Aubrey Murray
Davis, Jr. for Exemplary Public ~Service; added Item
8.B.11.e., Acceptance of a Parcel of Land for Cheste~ Village
Drive from Chester Village, L.L.C.; added Item 8'.B.12.e.,
Request for Permission from Billy L. ~Caudle and Janet L. H.
Caudle to Install a Private Sewer Service Within a Private
Easement to Serve Property on Kings Lynn Road; replaced Item
8.B.17.b., Transfer of District Improvement Funds from the
Dale District Improvement Fund to the School Board to
Purchase a Message Board for Jacobs Road Elementary School;
moved Item 8.B.21., Establishment of Salaries for the 2004-
2007 Board of Supervisors to be heard prior to Item 8.A.,
Appointments; and adopted the Agenda, as amended.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
e
RESOLUTIONS AND SPECIAL RECOGNITIONS
RECOGNIZING MRS. ViCKIE H. ADAMS' CHESTERFIELD COUNTY
DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND
SUBSTANCE ABUSE, UPON HER RETIREMENT
Mr. Braunstein introduced Mrs. Vickie! Adams who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mrs. Vickie H. Adams Will retire on July 1,
2003 after providing over twenty-six years of dedicated and
faithful service to Chesterfield County; and
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06/18/03
WHEREAS, Mrs. Adams accepted employment with the
Chesterfield County Circuit Court Clerk's Office from 1977 to
1980 as a Deputy Clerk; and
WHEREAS, Mrs. Adams accepted an Administrative Secretary
position in the Chesterfield County Administrator's Office
from 1980 to 1982; and
WHEREAS, Mrs. Adams provided excellence in customer
service in the Chesterfield County's Purchasing Department as
Secretary from 1982 to 1987, bringing a high level of
professionalism to the department; and
WHEREAS, Mrs. Adams began her tenure with the
Chesterfield County Department of Mental Health, Mental
Retardation and Substance Abuse in January 1987 as an
Administrative Secretary; and, provided administrative
support to the Chesterfield Community Services Board; and
WHEREAS, Mrs. Adams implemented the use of Robert's
Rules of Order for protocol and parliamentary procedures;
and, planned and organized special events, such as annual
dinner meetings and award ceremonies; and
WHEREAS, Mrs. Adams provided significant contributions
to the design, furnishing and dedication of the Carrie M.
Rogers Building; and, was instrumental in establishing and
developing Chesterfield Alternatives, Incorporated; and
WHEREAS, Mrs. Adams was selected as Employee of the Year
in the Mental Health, Mental Retardation and Substance Abuse
Department in 1989, and subsequently named Chesterfield
County's 1989 Employee of the Year; and
WHEREAS, Mrs. Adams will be missed for her
professionalism and decorum brought to the Community Services
Board, and for the quality and caliber of her commitment and
performance for the Mental Health, Mental Retardation and
Substance Abuse Department and to our citizens.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 18tn day of June 2003,
publicly recognizes the contributions of Mrs. Vickie H.
Adams, and extends its appreciation for her twenty-six years
of dedicated service to the county, congratulations upon her
retirement, and best wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mrs. Adams, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Mrs. Adams,
accompanied by her husband, Mr. Braunstein and Dr. Burt Lowe,
former Executive Director of the Community Services Board,
expressed appreciation for her dedicated service and wished
her well in her retirement.
Mr. Ramsey presented a Jefferson Cup to Mrs. Adams and
offered best wishes for a long and happy retirement.
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06/18/03
Dr. Lowe expressed appreciation to Ms. Adams for her
exemplary service and stated she added "a touch of class" to
the Community Services Board.
Mrs. Adams expressed appreciation for the opportunity to
serve the citizens of Chesterfield County for more than a
quarter of a century.
5.B. RECOGNIZING MR. AUBREY MURRAY DAVIS, 02t. FOR HIS
EXEMPLARY PUBLIC SERVICE
Mr. Davenport introduced Mr. Aubrey Davis who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Aubrey Murray Davis, Jr.
Henrico County, Virginia on May 13, 1937; and
was born in
WHEREAS, Mr. Davis served in the U.S. Air Force from
1955 to 1959 as a medical lab technician; and then served as
a police officer in the City of Richmond from 1960 to 1968;
and
WHEREAS, following these periods of service to the
federal government and the City of Richmond, Mr. Davis
attended classes at Richmond ProfeSsional Institute, now
known as Virginia Commonwealth University; and
WHEREAS, in the fall of 1968, Mr. Davis attended the
T.C. Williams School of Law, graduating in 1971 with a Juris
Doctor degree; and
WHEREAS, Mr. Davis was admitted to the Virginia State
Bar, and worked for a brief time for the law firm of Bremner,
Byrne and Baber; and
WHEREAS, Mr. Davis accepted the position of Assistant
Commonwealth's Attorney for the City of Richmond in 1972; and
WHEREAS, one year later, Mr. Davis was elected as
Richmond's Commonwealth's Attorney, and held that position
until 1989; and
WHEREAS, in January 1990, Mr. Davis accepted the
position of Senior Deputy Commonwealth's Attorney in
Chesterfield County, a position he has held since that time;
and
WHEREAS, throughout these years of exemplary public
service, Mr. Davis found time to devote his energies and
abilities to many organizations, including the Phi Alpha
Delta legal fraternity; the Fraternal Order of Police; the
Board of Directors for the John Marshall Youth Camp; the
Virginia Association of Commonwealth's Attorneys, including
service as president for a term; the Manchester Lion's Club,
including service as president for a term; and achievement as
a 32nd Degree Mason; and
WHEREAS, Mr. Davis has had a long~and illustrious career
as an attorney and his work on behalf of the citizens of
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06/18/03
Virginia have made the Commonwealth of Virginia, and the
County of Chesterfield, safer for all who live, work and
visit here; and
WHEREAS, Mr. Davis has decided to resign his position
effective July 4, 2003; and
WHEREAS, Mr. Davis's years of dedicated public service
deserve appropriate recognition.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 18th day of June 2003,
publicly recognizes the superior public service of Mr. Aubrey
Murray Davis, Jr., and extends, on behalf of the citizens of
Chesterfield County, appreciation for his sustained and
selfless service to others, and wishes him continued success
in all his endeavors.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Miller presented the executed resolution to Mr. Davis,
accompanied by Mr. Davenport and Mr. Ramsey, and expressed
appreciation for his dedicated service.
Mr. Ramsey commended Mr.
service.
Davis for his exemplary public
Mr. Davis expressed appreciation
recognition.
to the Board for the
6. WORK SESSIONS
o REVIEW 2003 GENERAL ASSEMBLY LEGISLATION
Mr. Micas presented a brief summary of 2003 General Assembly
legislation affecting the county.
There was discussion relative to the legislative item
mandating inclusion of an affordable housing implementation
plan in the county's Comprehensive Plan.
Ms. Curtin stated the 'legislation was introduced at the
request of both the State Realtors Association and the
Virginia First Cities Coalition. She further stated the
legislation is requiring localities to look at its future
needs for affordable housing according to all levels of
income.
When asked, Mr. Micas stated the legislative item relative to
increased civil penalties for zoning violations would allow
the maximum to be increased from $3,000 to $5,000 and
individual fines from $150 to $250. He stated the county has
had very good success using the criminal misdemeanor approach
rather than civil fines. He then reviewed legislative items
where no action is required that affect how the Board
operates. He stated that, although the General Assembly
adopted the county's legislative request to provide volunteer
fire and rescue squad members funding for the emergency
ambulance subscription program, the federal government may
rule that this is inconsistent with the Medicare
Reimbursement Program.
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06/18/03
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved staff's recommendation to set public hearing dates
for legislative items relative to Police and Sheriff training
academy fees; courtroom security fees; civil penalties for
unsafe structures; civil and criminal penalties for trash
disposal and weed control; recovering emergency response
expenses or $100 flat fee for certain traffic accidents; and
special land use real estate assessment for aquaculture.
And, further, the Board referred to the Planning Commission
the legislative items relative to mandating the inclusion of
an affordable housing implementation plan in the county's
Comprehensive Plan; and increasing civil penalties for zoning
violations.
And, further, the Board referred the legislative item
relative to discounts for early tax payment to the Treasurer
for study and report to the Board and took no action on Item
9 (HB 1525) and Item 10 (HB 1546).
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Barber requested that he be advised as soon as possible
of the public hearing date relative to penalties for trash
disposal and weed control so that he can inform his
constituents.
Mr. Warren inquired whether Chesterfield County has the same
authority as Stafford County to implement impact fees on
transportation.
Mr. Micas stated there is special legislation that affects
only Stafford County and other northern Virginia counties
that were granted the ability to choose between cash proffers
and impact fees. He noted Stafford County is the only
jurisdiction in Virginia that has chosen to implement impact
fees rather than cash proffers.
Mr. Warren and Mrs. Humphrey requested that the Board be
provided with a report relative to Stafford County's process
for collecting impact fees.
7. DEFERRED ITEMS
There were no deferred items at this time.
Se
NEW BUSINESS
ESTABLISHING SALARIES FOR THE 2004-2007 BOARD OF
SUPERVISORS
Mr. Micas stated the existing Board must set salary maximums
for the Board of Supervisors for the 2004-2007 term prior to
July 1, 2003. He further stated for the past three terms the
Board has used the practice of providing salary adjustments
for Board members commensurate with the adjustments given to
employees on an annual basis.
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06/18/03
Mr. McHale stated he would prefer to cap the Board's salaries
as of July 1, 2003.
Mr. McHale then made a motion for the Board to cap the
salaries of the Board of Supervisors as of July 1, 2003.
Mr. Miller seconded the motion so that the Board could
discuss it.
Mr. Barber stated the Board has taken a conservative approach
in aligning the Board's salary adjustments with the
employees' adjustments, and he feels this approach has worked
well. He further stated he does not support Mr. McHale's
motion and feels the current practice is appropriate.
Mr. Barber made a substitute motion, seconded by Mrs.
Humphrey, for the Board to receive salary adjustments
commensurate with the adjustments given to employees on an
annual basis, not to exceed $29,249 by July 1, 2004; $30,565
by July 1, 2005; $31,941 by July 1, 2006; and $33,378 by July
1, 2007.
Discussion ensued relative to supplements of the Chairman and
Vice-Chairman.
Mr. Barber, with the concurrence of the member seconding the
original motion, Mrs. Humphrey, amended his substitute motion
to include unchanged supplements for Chairman and Vice-
Chairman.
Mr. Warren called for a vote on the amended substitute motion
of Mr. Barber, seconded by Mrs. Humphrey, for the Board to
receive salary adjustments commensurate with the adjustments
given to employees on an annual basis, not to exceed $29,249
by July 1, 2004; $30,565 by July 1, 2005; $31,941 by July 1,
2006; and $33,378 by July 1, 2007.
And, further, the supplements of Chairman and Vice-Chairman
remain unchanged at $3,150 for Chairman and $1,575 for Vice-
Chairman.
Ayes: Warren, Barber, Humphrey and Miller.
Nays: McHale.
8. A. APPOINTMENTS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment/reappointment of members to serve on
the John Tyler Community College Local Board; Health Center
Commission; Richmond Metropolitan Convention and Visitors
Bureau; Board of Building Code Appeals; Industrial
Development Authority; and the Swift Creek Reservoir Hunting
and Safety Committee.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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8.A.1. JOHN TYLER COMMUNITY COLLEGE LOCAL BOARD
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
simultaneously nominated/reappointed Mr. Tom Fulghum and Mr.
John Grohusky to serve on the John Tyler Community College
Local Board, whose terms are effective July 1, 2003 and
expire June 30, 2007.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.A.2. HEALTH CENTER COMMISSION
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
simultaneously nominated/appointed/reappointed Mr. C. F.
(Sonny) Currin, Jr., representing the Bermuda District, and
Ms. Patricia B. Revere, representing the Clover Hill
District, to serve on the Health Center Commission, whose
terms are effective July 1, 2003 and expire June 30, 2007.
(It is noted Ms. Revere, who currently serves as Midlothian
District representative to the Health Center Commission, has
moved to the Clover Hill District and is being reappointed as
a member representing this district.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.A.3. RICHMOND METROPOLITAN CONVENTION AND VISITORS BUREAU
On motion of Mr. Barber, seconded by Mr. McHale, the Board
simultaneously nominated/reappointed Mr. Heinz Mathis,
representing the county at-large, to serve on the Richmond
Metropolitan Convention and Visitors Bureau, whose term is
effective July 1, 2003 and expires June 30, 2005.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.A.4. BOARD OF BUILDING CODE APPEALS
On motion of Mr. Barber, seconded by Mr. McHale, the Board
simultaneously nominated/reappointed Mr. E. Frank Dunton,
representing the Midlothian District, and Mr. Jack R. Wilson,
III, representing the Bermuda District, to serve on the Board
of Building Code Appeals, whose terms are effective July 1,
2003 and expire June 30, 2006.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.A.5. INDUSTRIAL DEVELOPMENT AUTHORITY
After brief discussion, on motion of Mrs. Humphrey, seconded
by Mr. McHale, the Board simultaneously nominated/reappointed
Mr. James Briggs, who resides in the Bermuda District, and
Mr. Henry Moore, who resides in the Matoaca District to serve
on the Industrial Development Authority, whose terms are
effective July 1, 2003 and expire June 30, 2007.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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Mr. Warren nominated Mr. John Cogbill, III to serve on the
Industrial Development Authority.
Mr. McHale seconded the nomination.
There were no other nominations for the appointment.
Mr. Warren called for a vote on his motion, seconded by Mr.
McHale, for the Board to nominate/appoint Mr. John Cogbill,
III, who resides in the Clover Hill District, to serve on the
Industrial Development Authority, whose term is effective
July 1, 2003 and expire June 30, 2007.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.A.6. SWIFT CREEK RESERVOIR HUNTING AND SAFETY COMMITTEE
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
simultaneously nominated/appointed Mr. Greg Russell to serve
on the Swift Creek Reservoir Hunting and Safety Committee,
whose terms shall be at the pleasure of the Board.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B. CONSENT ITEMS
On motion of Mr. McHale, seconded by Mr. Warren, the Board
removed the following items from the Consent Agenda for
public comment: Item 8.B.17.a.2., Transfer of District
Improvement Funds from the Bermuda District Improvement Fund
to the Parks and Recreation Department to Purchase Playground
Equipment for the County-Owned "Lowes Soccer Complex"; Item
8.B.17.'b., Transfer of District Improvement Funds from the
Dale District Improvement Fund to the School Board to
Purchase a Message Board for Jacobs Road Elementary School;
Item 8.B.18., Appropriation and Transfer of Funds,
Authorization to Enter Into an Agreement with the Greater
Richmond Transit Company (GRTC) for Extension of Reduced Link
Service and Adoption of Resolution Requesting MPO Approval of
Re-designation of CMAQ Funds for Link Service.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8 .B.1.
8 .B.I.&.
ADOPTION OF RESOLUTIONS
RECOGNIZING FiREFIGHTER KENNETH TINSLEY,
CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Firefighter Kenneth L. Tinsley will retire from
the Chesterfield Fire and Emergency Medical Services
Department, Chesterfield County, on August 1, 2003; and
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06/18/03
WHEREAS, Firefighter Tinsley began his service to the
citizens of Chesterfield County in 1969 as a Volunteer
Firefighter with the Wagstaff Circle Volunteer Fire
Department at the early age of sixteen years; and
WHEREAS, Firefighter Tinsley in June of 1978 attended
Career Recruit School #9 transitioning from ~volunteer"
status to become a full-time career firefighter; and
WHEREAS, Firefighter Tinsley for the years 1978 through
1987 was assigned to the Emergency Operations Division,
providing fire and EMS protection as a Firefighter, first in
the Ettrick, and then the Manchester areas of Chesterfield;
and
WHEREAS, Firefighter Tinsley then served until June 1996
in the Fire Training Division, as a member of the specialized
Technical Services Unit, providing essential and specialized
command support functions during emergency incidents, not
only for the Fire and EMS Department, but the County and
State Police Departments, the County Sheriff's Office, as
well as other neighboring jurisdictions, receiving numerous
letters of commendation for his work; and
WHEREAS, Firefighter Tinsley next served from June 1996
through 1997 in the Fire and Life Safety Division as a Fire
Inspector ensuring the safety of the public through
inspection, enforcement and education throughout the county's
business community; and
WHEREAS, Firefighter Tinsley in December 1997 returned
to the Emergency Operations Division as a Firefighter
assigned to the Bon Air Fire Station, continuing to deliver
Fire and EMS protection to our citizens while sharing with
those just entering the Fire and EMS profession his wealth of
experience and knowledge gained throughout his career; and
WHEREAS, Firefighter Tinsley has given thirty-four years
of faithful and dedicated service as a volunteer and career
Firefighter to the citizens of Chesterfield County.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Mr. Kenneth L.
Tinsley, expresses the appreciation of all residents for his
contributions to the county, and extends appreciation for his
dedicated service, congratulations upon his retirement, and
best wishes for a long and happy retirement.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.l.b. RECOGNIZING DETECTIVE FIRST CLASS RICHARD L. KOREN,
POLICE DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Detective First Class Richard L. Koren will
retire from the Chesterfield County Police Department on July
1, 2003; and
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06/18/03
WHEREAS, Detective Koren has provided 29 years of
quality service to the citizens of Chesterfield County; and
WHEREAS, Detective Koren has faithfully served the
county in the capacity of Patrol Officer, Investigator,
Detective, and Detective First Class; and
WHEREAS, Detective Koren has received numerous letters
of thanks and appreciation for assistance rendered in all
types of situations; and
WHEREAS, Detective Koren has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board
Supervisors will miss Detective Koren's diligent service.
of
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Detective Richard L.
Koren, and extends on behalf of its members and the citizens
of Chesterfield County, appreciation for his service to the
County, congratulations upon his retirement, and best wishes
for a long and happy retirement.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.l.c.
REQUESTING RECREATION ACCESS GRANT FUNDS FOR
MATOACA PARK AND AUTHORIZATION FOR THE COUNTY
ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE
VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE
CONSTRUCTION OF THE ACCESS ROAD
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Matoaca Park is owned and is to be
developed by the County of Chesterfield as a recreational
facility serving the residents of Chesterfield County and
adjoining counties; and
WHEREAS, the facility is in need of adequate access; and
WHEREAS, the right-of-way of proposed access is provided
by the County of Chesterfield at no cost to the state; and
WHEREAS, the procedure governing the allocation of
recreational access funds as set forth in Section 33.1-223,
Code of Virginia, 1996, as amended, requires joint action by
the Department of Conservation and Historic Resources and the
Highway and Transportation Board; and
WHEREAS, a statement of policy agreed upon between the
said Director and Board approves the use of such funds for
the construction of access roads to publicly-owned
recreational areas; and
WHEREAS, the Board of Supervisors of Chesterfield County
has duly adopted a zoning ordinance pursuant to Article 8
(section 15.2-2280 et. seq.), Chapter 11, title 15.2; and
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06/18/03
WHEREAS, it appears to the Board that all requirements
of the law have been met to permit the Director of
Conservation and Historic Resources to designate Matoaca Park
as a recreational facility and further permit the Virginia
Highway and Transportation Board to provide funds for access
to this public recreation area in accordance with Section
33.1-223, Code of Virginia, 1966, as amended; and
WHEREAS, the Board acknowledges that pursuant to the
provisions of Section 33.1-233, as amended, this r:oad shall
be designated a ~Virginia Byway" and recommends the State
Highway and Transportation Board in cooperation with the
Director of Conservation and Historic Resources, take the
appropriate action to implement this designation. Further,
the Board agrees, that in keeping with the intent of Section
33.1-63, to use its good office to reasonably protect the
aesthetic or cultural value of this road.
NOW, THEREFORE BE IT RESOLVED, that the Board of
Supervisors of Chesterfield County hereby requests the
Director of Conservation and Historic Resources to designate
the Matoaca Park as a public recreation area; and to
recommend to the State Highway and Transportation Board that
recreational access funds be allocated for an access road to
service said Park.
AND, BE IT FURTHER RESOLVED, that the Virginia Highway
and Transportation Board is hereby requested to allocate the
necessary recreational access funds to provide a suitable
access road as hereinbefore described.
And, further, the Board authorized the County Administrator
to enter into an agreement with the Virginia Department of
Transportation for construction of an access road at Matoaca
Park upon approval of state recreational access grant funding
in the amount of $250,000.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.l.d.
RECOGNIZING MR. REX BOWMAN FOR SUPERIOR
JOURNALISTIC COVERAGE OF "OPERATION IRAQi FREEDOM"
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Mr. Rex Bowman is a reporter for the Richmond
Times-Dispatch newspaper; and
WHEREAS, during the war with Iraq, Mr. Bowman was one of
775 journalists embedded with American troops in Iraq, thus
becoming the first war correspondent the Times-Dispatch has
had since the Civil War; and
WHEREAS, Mr. Bowman also was the only embedded reporter
from the Media General newspapers; and
WHEREAS, Mr. Bowman spent six weeks with a Marine
company, and covered the war from the front lines; and
WHEREAS, Mr. Bowman left his wife, Jenny, and two teen-
aged sons in order to cover the war; and
03-462
06/18/03
WHEREAS, Mr. Bowman endured sniper bullets that whizzed
over his head, and survived a rocket-propelled grenade that
struck the vehicle in which he was riding; and
WHEREAS, Mr. Bowman saw death and grievous wounds
occurring on the battlefield; and
WHEREAS, traveling with the Marines, Mr. Bowman went a
month without a shower, of necessity; ate military rations;
wore a hot and uncomfortable chemical protection suit in the
desert of Iraq; and otherwise gave up the comforts of home in
order to bring vivid descriptions of American men and women
at war back to readers of Media General newspapers; and
WHEREAS, Mr. Bowman's descriptions of the valor,
patriotism and selflessness of the Marines with whom he
traveled during the war demonstrated to the American public
that America's fighting forces were up to the challenge; and
WHEREAS, Mr. Bowman's journalistic coverage
accurate, balanced, insightful and timely; and
was
WHEREAS, Mr. Bowman's professional expertise and
courageous attention to fulfilling his assignment provided a
rare glimpse of war to the Metro Richmond region, including
Chesterfield County; and
WHEREAS, Mr.
understanding of
recognition.
Bowman's contributions to
the Iraqi war deserve
the public's
appropriate
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 18th day of June 2003,
recognizes the superior journalistic contributions of Mr. Rex
Bowman, and extends, on behalf of the citizens of
Chesterfield County, appreciation for his coverage of the war
with Iraq, and wishes him continued success in his
distinguished career.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.l.e. RECOGNIZING MS. JOYCE E. HONDERICH, TREASURER'R
OFFICE, UPON HER RETIREMENT
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Ms. Joyce E. Honderich will retire on July 1,
2003 after providing over seventeen years of dedicated and
faithful service to Chesterfield County; and
WHEREAS, Ms. Honderich began her tenure with the
Chesterfield County Treasurer's Office on October 2, 1985 as
a part-time accounting technician; and
WHEREAS, Ms. Honderich was promoted to the position of
Deputy Treasurer of Investments which she has held since
December 16, 1985; and
03-4,63
06/18/03
WHEREAS, Ms. Honderich has been instrumental in
developing and implementing award-winning written investment
policies which have been used as a model throughout the
Commonwealth of Virginia; and
WHEREAS, Ms. Honderich oversaw the implementation of an
automated investment tracking system allowing the county's
portfolio to be closely scrutinized to maximize interest
earnings; and
WHEREAS, Ms. Honderich has received numerous
commendations from citizens, department directors and other
localities for training offered to them in our investment
processes and procedures; and
WHEREAS, Ms. Honderich has developed long-lasting
relationships with numerous financial institutions which have
provided the county with tremendous financial advice and
guidance; and
WHEREAS, Ms. Honderich has capably managed the county's
investment portfolio, maximizing interest returns and
consistently exceeding national benchmarks;
~EREAS, Ms. Honderich has effectively managed the
county's cash flow, ensuring that adequate funds are
available to meet required expenditures; and
WHEREAS, Ms. Honderich, through continuous education and
training, has achieved the professional certification of
Certified Governmental Deputy Treasurer through the
University of Virginia and the Treasurers' Association of
Virginia; and
WHEREAS, Ms. Honderich has faithfully and effectively
discharged her duties in each and every capacity with
proficiency, passion and uncompromising commitment to world-
class customer service; and
WHEREAS, Ms. Honderich will be tremendously missed for
the quality and caliber of her commitment and performance for
the Treasurer's Office and to our citizens.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes Ms. Joyce E. Honderich
and extends its appreciation for her seventeen years of
dedicated service to the county, congratulations upon her
retirement, and best wishes for a long and happy retirement.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.2. STATE ROAD ACCEPTANCE
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
03-464
06/18/03
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Tv~e Change to the Secondary System of State Hiahways: Addition
Basis for Change:
Statutory Reference:
Addition, Rural (§33.1-229, C'FB Policy)
§33.1-22e
Project: Ironbridge Boulevard Extended
Ironbrldge Boulevard, State Route Number: 632
From:
Ironbridge Pkwy., (Rt. 1569)
To:
Bel Lac Dr., (Rt. 4635), a distance of: 0.09 miles.
Right-of-way record was filed on 1/27/1995 with the Office Of Clerk To Circuit Court in Db.2650; Pg. 82,
with a width of 90 Ft.
Ironbrldge Boulevard, State Route Number: 632
From: Bel Lac Dr., (Rt. 4635)
To:
Arbor Landing Dr., (Rt. 4518), a distance of: 0.11 miles.
Right-of-way record was filed on 1/27/1995 with the Office Of Clerk To Circuit Court in Db.2650; Pg. 82,
with a width of 90 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the street 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
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.
03-465
06/18/03
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.
TYDe Chanqe to the Secondar~ System of State Hl{3hways: Addition
Basis for Change:
Addition, Rural (§33.1-229, CTB Policy)
Statutory Reference:
Project:
From:
Spirea Road Extension
Spirea Road, State Route Number: 2780
Lucks Ln., (Rt. 720)
To:
0.21 Mi. N of Lucks Ln., (Rt. 720), a distance of: 0.21 miles.
Right-of-way record was filed on 10/3,/1979 with the Office Of Clerk To Circuit Court in Db. 1427; Pg. 459,
with a width of 50 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Change to the Secondary System of State Hlohwavs: Addition
Basis for Change:
Statutory Reference:
Project:
From:
To:
Addition, New subdivision street
§33.1-229
Gills Gate
Gills Gate Court, State Route Number: 5555
Gills Gate Dr., (Rt. 5552)
Cul-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 10/4/2000 with the Office Of Clerk To Circuit Court in Pb. 113; Pg. 32,
03-~66
06/18/03
with a width of 40 Ft.
· Gills Gate Drive, State Route Number: 5552
From: Belmont Rd., (Rt. 651)
To: Gills Gate Tr., (Rt. 5553) & Gills Gate PI., (Rt.5654), a distance of: 0.04 miles.
Right-of-way record was filed on 10/4/2000 with the Office Of Clerk To Circuit Court in Pb. 113; Pg. 32,
with a width of 70 Ft.
· Gills Gate Drive, State Route Number: 5552
From: Gills Gate Tr., (Rt. 5553) & Gills Gate PI., (Rt.5554)
To: Gills Gate Ct., (Rt. 5555), a distance of: 0.07 miles.
Right-of-way record was filed on 10/4/2000 with the Office Of Clerk To Circuit Court in Pb. 113; Pg. 32,
with a width of 40 Ft.
· Gilla Gate Ddve, State Route Number: 5552
From: Gills Gate Ct., (Rt. 5555)
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 10/4/2000 with the Office Of Clerk To Circuit Court in Pb. 113; Pg. 32,
with a width of 40 Ft.
· Gilla Gate Place, State Route Number: 5554
From: Gills Gate Dr., (Rt. 5552)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 10/4/2000 with the office Of Clerk To Circuit Court in Pb. 113; Pg. 32,
with a width of 40 Ft.
· Gills Gate Terrace, State Route Number: 5553
From: Gills Gate Dr., (Rt. 5552)
To: Cul-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 10/4/2000 with the office Of Clerk To Circuit Court in Pb. 113; Pg. 32,
with a widthof40Ft.
And, further, the Board adopted the following
WHEREAS, the streets described below
recorded in the Clerk's Office of the
Chesterfield County; and
resolution:
are shown on plats
Circuit Court of
WHEREAS, the Resident Engineer for
Department of Transportation has advised
streets meet the requirements established by
Street Requirements of the Virginia
Transportation.
the Virginia
this Board the
the Subdivision
Department of
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to § 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
03-467
06/Z8/03
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Change to the Secondary System of State Hiahways:
Baals for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project:
From:
To:
.Addition
Lammermoor {} The Highlands
Highland Glen Drlv®, State Route Number: 5160
0.10 Mi. E of Ravenna Dr., (Rt. 5504)
Lammermoor Dr., (Rt. 5535), a distance of: 0.25 miles.
Right-of-way record was filed on 2/21/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg. 20,
with a width of 70 Ft.
· Lammermoor Court, State Route Number: 5536
From: Lammermoor Dr., (Rt. 5535)
To: Cul-de-sac, a distance of: 0.15 miles.
Right-of-way record was filed on 2/21/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg. 20,
with a width of 50 Ft.
· Lammermoor Drive, State Route Number: 5535
From: Highland Glen Dr., (Rt. 5150)
To: Lammermoor Ct., (Rt. 5536), a distance of: 0.06 miles.
Right-of-way record was filed on 2/21/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg. 20,
with a width of 50 Ft.
· Lammermoor Drive, State Route Number: 5535
From: Lammermoor Ct., (Rt. 5536)
To: Cul-de-sac, a distance of: 0.07 miles.
Right-of-way record was filed on 2/21/2002 with the Office Of Clerk To Circuit Court in Pb.124; Pg. 20,
with a width of 50 Ft.
And, further, the Board
WHEREAS, the streets
recorded in the Clerk's
Chesterfield County; and
adopted the following resolution:
described below are shown on plats
Office of the Circuit Court of
WHEREAS, the Resident
Department of Transportation
streets meet the requirements
Street Requirements of
Transportation.
NOW, THEREFORE BE
the Virginia Department
Engineer for
has advised
established by
the Virginia
IT RESOLVED, that
of Transportation
the Virginia
this Board the
the Subdivision
Department of
this Board requests
to add the streets
03-4,68
06/18/03
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.
TVDe Change to the Secondary System of State Highways: Addition
Basle for Change:
Statutory Reference:
Project:
From:
To:
Addition, New subdivision street
~3~.1-229
Foxcroft, Section 9
Fox Branch Court, State Route Number: 5224
Fox Branch Lane, (Rt. 5223)
Cul-de-sac, a distance of: 0.19 miles.
Right-of-way record was filed on 3/3/1997 with the Clerk To The Circuit Court in Plat Book 93, Pages 38,
with a width of 50 Ft.
·
From:
To:
Fox Branch Lane, State Route Number: 5223
Fox Branch Ct., (Rt. 5224)
Cul-de-sac, a distance of: 0.15 miles.
Right-of-way record was filed on 3/3/1997 with the Clerk To The Circuit Court in Plat Book 93, Pages 38,
with a width of 50 Ft.
· Fox Branch Lane, State Route Number: 5223
From: Fox Club Pky., (Rt. 5201)
To: Fox Branch Ct., (Rt. 5224), a distance of: 0.12 miles.
Right-of-way record was filed on 3/3/1997 with the Clerk To The Circuit Court in Plat Book 93, Pages 38,
with a width of 50 Ft.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.3. STREET NAME CHANGES
8.B.3.&. A PORTION OF OTTERDALE ROAD NORTH OF ROUTE 288 TO
OLD OTTERDALE ROAD AND A PORTION OF OTTERDALE ROAD
FROM ROUTE 60, SOUTH ACROSS THE RAILROAD TRACKS TO
OTTERDALE WOODS ROAD
On motion of Mr. Miller, seconded by Mr. Barber, the Board
approved the renaming of a portion of Otterdale Road north of
Route 288 to Old Otterdale Road and a portion of Otterdale
Road from Route 60, south across the railroad tracks to
Otterdale Woods Road. (It is noted a copy of the parcel map
is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-469
06/18/03
8 .B. 3 .b. A PORTION OF DE LAVIAL STREET TO CHESTER VILLAGE
DRIVE AND VILLAGE CREEK DRIVE
On motion of Mr. Miller, seconded by Mr. Barber, the Board
approved the renaming of a portion of De Lavial Street to
Chester Village Drive and Village Creek Drive. (It is noted
a copy of the parcel map is filed with the papers of this
Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.4. APPROVAL OF FY2003 SCHOOL CAPITAL IMPROVEMENTS FUND
YEAR-END REVIEW
On motion of Mr. Miller, seconded by Mr. Barber, the Board
approved the School Board's FY2003 School Capital
Improvements Fund Year-End Review and increased the
appropriation in the School Capital Improvements Fund from
the Non-Federal Food Service Fund by $190,000.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.5. APPROVAL OF FY2003 SCHOOL OPERATING FUNDS YEAR-END
REVIEW
On motion of Mr. Miller, seconded by Mr. Barber, the Board
reserved the necessary funds (approximately $1,923,090) for
re-appropriation in FY2004 in various accounts; increased
appropriations in the School Operating Fund by $244,500 by
decreasing Instruction $755,500, increasing Pupil
Transportation $100,000, and increasing Operations and
Maintenance $900,000; increased Instruction appropriation in
the Grants fund by $118,863; and increased Non-Federal Food
Service by $100,000, for a total operating change of
$463,363.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.6. APPROPRIATION OF FUNDS FOR THE DOMESTIC VIOLENCE
RESOURCE CENTER VICTIM ADVOCATE
On motion of Mr. Miller, seconded by Mr. Barber, the Board
accepted and appropriated $42,714 from the Department of
Criminal Justice Services (DCJS) Violence Against Women Act
Funds for the domestic violence victim advocate services.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8 .B.7. APPROVAL OF FY2003 YEAR END ADJUSTMENTS
On motion of Mr. Miller, seconded by Mr. Barber, the Board
appropriated revenues and expenditures for specific programs
as well as authorized reallocations among General Fund
03-470
06/18/03
departments and related funds as outlined on Schedule A;
appropriated revenues and expenditures and authorized other
adjustments for specific programs and Non-General Fund
departments as outlined on Schedule B; and authorized the
County Administrator to reserve and appropriate into FY2004
unspent FY2003 appropriations, contingent upon positive
results of operations within individual departments and
countywide, as determined by the county's financial audit as
outlined on Schedule C. (It is noted Schedules A, B and C
are filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.8.
SET DATE FOR A PUBLIC HEARING TO CONSIDER AN
ORDINANCE TO ESTABLISH THE ~ENGLEWOOD SEWER
ASSESSMENT DISTRICT"
On motion of Mr. Miller, seconded by Mr. Barber, the Board
set the date of July 23, 2003 at 7:00 p.m. for a public
hearing to consider establishment of the ~Englewood Sewer
Assessment District."
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8 · B. 9 . CONVEYANCE OF EASEMENTS
8.B.9.&. TO VIRGINIA ELECTRIC AND POWER COMPANY FOR
INSTALLATION OF UNDERGROUND CABLE TO SERVE A
LIGHTED SIGN ON POWHITE PARKWAY FOR THE VIRGINIA
DEPARTMENT OF TRANSPORTATION
On motion of Mr. Miller, 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 for underground cable to
serve a lighted sign on Powhite Parkway for the Virginia
Department of Transportation. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.9.b. TO COLUMBIA GAS OF VIRGINIA, INCORPORATED FOR T~_~
CHESTERFIELD COUNTY JAIL RENOVATION PROJECT
On motion of Mr. Miller, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Columbia Gas of Virginia, Incorporated for the Chesterfield
County Jail renovation project. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-471
06/18/03
8.B.10. AWARD OF THE CONSTRUCTION CONTRACT TO GODSEYAND
SONS FOR T~ WOOD DALE ROAD WATERLINE REHABILITATION
PROJECT
On motion of Mr. Miller, seconded by Mr. Barber, the Board
awarded a construction contract to Godsey and Sons in the
amount of $108,868 for County Project Number 02-0087, Wood
Dale Road Waterline Rehabilitation, and authorized the County
Administrator to execute the necessary documents. (It is
noted a copy of the vicinity' map is filed with the papers of
this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.11. ACCEPTANCE OF PARCELS OF LAND
8.B.11.&. ~NG ~ WEST RIGHT OF WAY LINE OF CRANBECK ROAD
AND ~ NORTH RIGHT OF WAY LINE OF ROBIOUS ROAD
FROM BELVEDERE DEVELOPMENT COMPANY, LLC
On motion of Mr. Miller, seconded by Mr. Barber, the Board
accepted the conveyance of parcels of land containing a total
of 0.031 acres along the west right of way line of Cranbeck
Road (State Route 674) and the north right of way line of
Robious Road (State Route 675) from Belvedere Development
Company, LLC, and authorized the County Administrator to
execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.11.b. FOR TW~ RELOCATION OF A PORTION OF CENTER POINTE
PARKWAY FROM GC REAL ESTATE CORPORATION
On motion of Mr. Miller, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 1.869
acres for the relocation of a portion of Center Pointe
Parkway from GC Real Estate Corporation, and authorized the
County Administrator to execute the deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.11.c. ALON~ ~ NORTH RIGHT OF WAY LINE OF HENSLEY ROAD
FROM DOUGLAS R. SOWERS AND SUSAN S. SOWERS
On motion of Mr. Miller, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.177
acres along the north right of way line of Hensley Road
(State Route 659) from Douglas R. Sowers and Susan S. Sowers,
and authorized the County Administrator to execute the deed.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-4?2
06/18/03
8.B.11.d. ON BEACH ROAD FROM DOUGLAS R. SOWERS AND SUSAN S.
SOWERS
On motion of Mr. Miller, seconded by Mr. Barber, the Board
accepted the conveyance of parcels of land containing 51.091
acres on Beach Road (State Route 655) from Douglas R. Sowers
and Susan S. Sowers, and authorized the County Administrator
to execute the deed. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.11.e. FOR CHESTER VILLA&~E DRIVE FROM CHESTER VILLAGE,
L.L.C.
On motion of Mr. Miller, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 1.82
acres for Chester Village Drive from Chester Village, L.L.C.,
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: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.12. REQUESTS FOR PERMISSION
8.B.12.&. FROM DENNIS B. COOK AND CYNTHIA M. COOK FOR A
PROPOSED FENCE TO ENCROACH WITHIN A FIVE-FOOT
EASEMENT ACROSS LOT 1, PARRISE BRANCH, SECTION I
On motion of Mr. Miller, seconded by Mr. Barber, the Board
approved a request from Dennis B. Cook and Cynthia M. Cook
for a proposed fence to encroach within a five-foot easement
across Lot 1, Parrish Branch, Section 1, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.12.b. FROM LARRY W. DICKERSON AND CLARA E. DICKERSON FOR
AN EXISTING FENCE TO ENCROACH WITHIN A TWENTY-FOOT
WATER AND DRAINAGE EASEMENT ACROSS LOT 9, PL~ARANT
DALE, SECTION B
On motion of Mr. Miller, seconded by Mr. Barber, the Board
approved a request from Larry W. Dickerson and Clara E.
Dickerson for an existing fence to encroach within a 20-foot
water and drainage easement across Lot 9, Pleasant Dale,
Section B, subject to the execution of a license agreement.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-473
06/18/03
8.B.12.c. FROM STEVE F. IDDIN~S AND HEATHER A. IDDIN~S FOR
A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT
DRAINAOE EASEMENT ACROSS LOT 24, BIRKDALE,
SECTION 9
On motion of Mr. Miller, seconded by Mr. Barber, the Board
approved a request from Steve F. Iddings and Heather A.
Iddings for a proposed fence to encroach within a 16-foot
drainage easement across Lot 24, Birkdale, Section 9, subject
to the execution of a license agreement. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8 .B.12 .d.
FROM VERIZON VIRGINIA INCORPORATED FOR
UNDERGROUND CABLE TO ENCROACH WITHIN A COUNTY
RIGHT OF WAY KNOWN AS COURT YARD ROAD
On motion of Mr. Miller, seconded by Mr. Barber, the Board
approved a request from Verizon Virginia, Incorporated for
underground cable to encroach within a county right of way
known as Court Yard Road, subject to the execution of a
license agreement. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.12 .e.
FROM BILLY L. CAUDLE AND JANET L. H. CAUDLE TO
INST,?.?. A PRIVATE SEWER SERVICE WITHIN A PRIVATE
~E~r~NT TO SERVE PROPERTY ON KINGS LYNN ROAD
On motion of Mr. Miller, seconded by Mr. Barber, the Board
approved a request from Billy L. Caudle and Janet L. H.
Caudle to install a private sewer service within a private
easement to serve property at 2210 Kings Lynn Road, and
authorized the County Administrator to execute the sewer
connection agreement. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, McHale, Barber', Humphrey and Miller.
Nays: None.
8.B.13. AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE
ACQUISITION OF EASEMENTS FOR THE RUFFIN MiLL-PHASE 2
WATERLINE
On motion of Mr. Miller, seconded by Mr. Barber, the Board
authorized the County Attorney to proceed with eminent domain
and exercise immediate right of entry for the acquisition of
easements for the Ruffin Mill-Phase 2 Waterline, 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 June 20, 2003, of the county's intention to
take possession of the easements. (It is noted copies of the
plats are filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-474
06/18/03
8.B.14. APPROVAL OF A LEASE OF THE GREENFIELD COMMUNITY
ASSOCIATION COMMUNITY BUILDING TO OPERATE A TEEN
CENTER
On motion of Mr. Miller, seconded by Mr. Barber, the Board
authorized the County Administrator to enter into a lease
agreement, approved by the County Attorney, with the
Greenfield Community Association for use of the Greenfield
Community Association Building to operate a teen center from
July 7, 2003 to August 8, 2003. (It is noted a copy of the
vicinity sketch is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.15. REQUEST TO QUITCLAIM A PORTION OF A SIXTEEN-FOOT
TEMPORARY DRAINAGE EASEMENT ACROSS THE PROPERTY OF
JN'B COMPANY OF VIRGINIA, L.L.C.
On motion of Mr. Miller, seconded by Mr. Barber, 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 16-foot temporary drainage easement across the
property of JNB Company of Virginia, L.L.C. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.16.
;tPPROVAL OF AN~-NDMENT TO THE RISK MANAGEM~NT
INTERNAL SERVICE PLAN REGARDING WORKERS'
COMPENSATION LIABILITIES
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted an amendment to the Risk Management Internal Service
Plan which will permit reserves for workers compensation
liabilities to be maintained within the Risk Management
Internal Service fund.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.17. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.B.17.&. FROM THE BERMUDA DISTRICT IMPROVEN~.NT FUND
8.B.17.&.l.
TO THE ENON VOLUNTEER FIRE DEPARTMENT FOR
PURCHASE OF BAY DOORS AND A HYDRAULIC RESCUTM-
PUMP
On motion of Mr. Miller, seconded by Mr. Barber, the Board
transferred $13,270 from the Bermuda District Improvement
Fund to the Enon Volunteer Fire Department to purchase bay
doors and a hydraulic rescue pump (Jaws of Life).
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-&75
06/18/03
8 .B.17 .C. FROM ~ MATOACA DISTRICT IMPROVEMENT FUND TO THE
C~.STERFI~LD COUNTY ENGINEERING DEPARTMENT TO
PURCHASE AND INSTALL AN AERATOR/FOUNTAiN FOR A
COUNTY-MAINTAINED BMP
On motion of Mr. Miller, seconded by Mr. Barber, the Board
transferred $5,500 from the Matoaca District Improvement Fund
to the Chesterfield County Engineering Department to purchase
and install an aerator/fountain for a county-maintained BMP.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.19. CONSIDERATION OF REQUEST OF WILLIAM G. LINDSAY AND
· r~?.~.~. JO A. LINDSAY FOR MODIFICATION OF THE AIRPORT
INDUSTRTaL PARK RESTRICTIVE COVENANTS RELATING TO
SET~CKREQUIRE~ENTS FOR PARKING, DRIVEWAYS AND
BUILDINGS AT 8021 REYCAN ROAD
On motion of Mr. Miller, seconded by Mr. Barber, the Board
approved a request from William G. Lindsay and Helen Jo A.
Lindsay for modification of the Airport Industrial Park
Restrictive Covenants relating to setback requirements for
parking, driveways and buildings at 8021 Reycan Road with
conditions as recommended by staff.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.20. AUTHORIZE T~ COUNTY ADMINISTRATOR OR HIS DESIGNEE
TO ~Y~CUTE TH~ POLICE MUTUAL AID JOINT AVIATION
AG~W~.NT BETWEEN CHESTERFIELD COUNTY, HENRICO
COUNTY AND THE CITY OF RICHMOND
On motion of Mr. Miller, seconded by Mr. Barber, the Board
authorized the County Administrator or his designee to
execute the Police Mutual Aid Joint Aviation Agreement
between Chesterfield County, Henrico County and the City of
Richmond on behalf of the county. (It is noted a copy of the
agreement is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.22. APPROVAL OF A PIPELINE CROSSING AGREEMENT WITH CSX
TRANSPORTATION, INCORPORATED
On motion of Mr. Miller, seconded by Mr. Barber, th~ Board
authorized the County Administrator to execute a pipeline
crossing agreement with CSX Transportation, Incorporated for
the relocation of a sewer line along Kingsland Creek. (It is
noted a copy of the vicinity sketch is filed with the papers
of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-476
06/18/03
The following items were removed from the Consent Agenda for
public comment:
8.B.17.&.2.
TO THE PARKS AND RECREATION DEPARTMENT TO
PURCHASE PLAYGROUND EQUIPMENT FOR THE COUNTY-
OWNED ~LOWES SOCCER COMPLEX"
Mr. George Beadles stated he feels all of the districts
should contribute to the playground equipment and inquired
why the equipment is not being funded out of Parks and
Recreation's budget.
No one else came forward to speak to the issue.
Mr. McHale stated it is not unusual to provide funding from
District Improvement Funds for projects that are requested by
constituents to be moved ahead of the scheduled funding.
Mr. McHale then made a motion, seconded by Mrs Humphrey, for
the Board to transfer $5,000 from the Bermuda District
Improvement Fund to the Parks and Recreation Department to
purchase playground equipment for the county-owned "Lowes
Soccer Complex."
Mrs. Humphrey stated funding is typically provided through
the District Improvement Fund of the district in which the
facility is located regardless of usage by constituents.
Mr. Warren called for a vote on the motion of Mr. McHale,
seconded by Mrs. Humphrey, for the Board to transfer $5,000
from the Bermuda District Improvement Fund to the Parks and
Recreation Department to purchase playground equipment for
the county-owned ~Lowes Soccer Complex."
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.17.b. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE A MESSAGE BOARD FOR
JACOBS ROAD ELEMENTARY SCHOOL
Mr. George Beadles inquired why the School Board does not
fund the message board through the budget process.
No one else came forward to speak to the issue.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
transferred $6,250 from the Dale District Improvement Fund to
the School Board to purchase a message board for Jacobs Road
Elementary School.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.18. APPROPRIATION AND TRANSFER OF FUNDS, AUTHORIZATION
TO ENTER INTO ANAGREE~ENTWITH THE GREATER RICHMOND
TRANSIT COMPANY (GRTC) FOR EXTENSION OF REDUCED LINK
SERVICE AND ADOPTION OF RESOLUTION REQUESTIN~ MPO
APPROVAL OF RE-DESIGNATION OF CMAQ FUNDS FOR LINK
SERVICE
Mr. George Beadles stated he feels funding the Link is a
waste of money and he does not feel the service will be
utilized.
03-477
06/18/03
Mr. Joe Cacciotti expressed concerns relative to the cost of
operating the Link. He referred to a statement by the
auditing firm that the information in GRTC's budget may or
may not be correct because employees might have made errors
due to time constraints. He expressed concerns that Board
members promised two years ago they would not spend county
money on the Link system; the system will inever be
profitable; and it has not been used efficiently by riders.
He stated there are not enough riders on the Midlothian
Turnpike Route and requested that, if the Board decides to
appropriate funds for the service, there should be a
stipulation that the fares be raised. He suggested that the
Board consider making GRTC an authority.
Mr. Steve Erie, Chairman of the Chesterfield Business
Council, encouraged the Board to support the Link and stated
he feels the reduced service is a good idea.
No one else came forward to speak to the issue.
When asked, Mr. McCracken came forward and stated funding for
the proposed reduced service would include $500,000 from the
state; $300,000 from CMAQ funds; $125,000 from the Reserve
for Capital Projects; and $75,000 from the General Road
Improvements account.
Mr. Miller inquired where the additional funds to make up the
$1.3 million would come from.
Mr. McCracken stated fare box recovery is projected at
approximately $120,000 and GRTC will provide the balance left
over from the pilot program of approximately $270,000.
Discussion ensued relative to use of CMAQ funds.
Mr. McCracken stated the CMAQ funds have been designated for
the Route 10 turn lane project at Lewis Road; Courthouse Road
turn lanes at Route 360; and the Chester/Kingsdale Roads turn
lanes and signalization. He further stated the projects
would either be delayed or unfunded if the CMAQ funds were
used for the Link service.
Mr. Miller expressed concerns that the CMAQ funds had been
designated to serve citizens by funding projects designed to
address safety concerns.
Mr. McCracken stated there is a possibility surpluses may be
available from highway projects VDOT has completed that could
be used as a source for these projects.
When asked, Mr. Ramsey stated the Board can appropriate funds
from the Capital Project Reserve as it sees fit during the
year.
Mr. McCracken stated General Road Improvement funds can be
used for turn lanes; access roads; road maintenance and
pothole repairs.
Mr. McHale expressed concerns relative to further delay of
the Chester/Kingsdale Road project and to diversion of funds
from road projects to the Link service.
03-478
06/18/03
Mr. McCracken stated, based on information recently received
from the Richmond Metropolitan Planning Organization (MPO),
there is a possibility for other sources of funding from
projects that have been completed, but there is no guarantee
the county will receive these funds.
When asked, Mr. McCracken stated if the recommendation is
approved, $200,000 in county funds or funds that would be
provided from other sources to the county, plus $300,000 in
CMAQ funds, would be committed to the Link service.
Mr. McHale expressed concerns relative to the likelihood of
acquiring any state funding for the Link in FY2005.
Mr. Ramsey stated staff feels it is not likely these funds
will be continued in the future.
Mr. Barber stated, if the Link were to continue in some
capacity, the county and the Chesterfield Chamber of Commerce
have agreed to use the same process to identify ridership and
measure efficiency. He stated he will support continuing the
Link service in some form for one year so that more accurate
ridership data can be collected.
Discussion ensued relative to the cost of each of
proposed routes.
the
Mr. Warren inquired what it would cost to provide an express
service along Route 360 from the Winterpock Lowes to the
city.
Mr. McCracken stated this service would cost approximately
$319,000.
Discussion ensued relative to the possibility of increased
fares.
Mr. McCracken stated the fares are determined by GRTC's Board
of Directors, and, if the Board of Supervisors desires an
increased Link fare, this should be communicated to the
county's GRTC Board members.
Mr. Miller stated it was his understanding that the Link
would be funded by the state, and Board members had indicated
they were not willing to utilize county tax dollars if the
program proved to be unsuccessful. He further stated the
program has not proven to be successful; ridership is flat;
and the prospects for any appreciable increase for the next
year appear to be grim. He expressed concerns relative to
depleting the General Road Improvements fund and stated there
are potholes and other road conditions that need attention in
the Dale District. He expressed concerns that the Board
could not provide a one-cent real estate tax reduction this
year, but would consider extending this experiment without
much expectation that the state would provide any future
assistance. He stated he feels there will be even less
ridership if the fare is increased. He further stated he
feels the Link service has proved to be a failure and he will
not support funding the service. He suggested that the Board
consider a future referendum on the issue asking citizens if
they desire a public transportation system in the county and,
if so, if they are willing to pay for it out of tax revenues
and a tax increase, if necessary.
03-~79
06/18/03
Mr. McHale stated he will not support continuing the Link,
noting that the Board agreed not to use local tax dollars for
the service if state funding became unavailable. He
expressed concerns relative to deferral of important road
projects to address safety issues. He stated the proposed
service will not help the people who are most in need of
assistance and he feels it is bad policy to help those who
really do not need the help.
Mr. Barber stated he does not feel the Board is taking away
from the most needy because no one has advocated continuing
the local Link service. He further stated, based on the
results of the pilot program, he feels there is reasonable
ridership with potential for additional ridership, and also a
potential for adjusting the fare box and underlying expenses.
He stated he has no qualms with using local funds, to a
limited degree, to provide a final look at the express
service. He further stated no one has given the Board the
choice of either providing the express service or the local
service.
Mr. McHale stated the proposal for local service to continue
along the Jefferson Davis Corridor does not meet the needs of
citizens because of the deletion of the connections along
Chippenham Parkway, Midlothian Turnpike, to county
facilities, and to the Airport Industrial Park. He further
stated the vast majority of local riders are left stranded by
the proposal.
Mr. Warren stated he supported the Link two years ago and
continues to want it to be successful. He further stated,
although the service has not been as successful as he had
hoped, he is willing to continue some form of the Link
service for another year.
When asked, Mr. McCracken stated that continuing to provide
the Chesterfield Plaza Lowes Express and adding an additional
Winterpock Express along Route 360 would cost approximately
$743,000 and would reduce the county's local share
considerably.
Mr. Barber noted there is a group of riders that would like
to talk with the Board about efficiencies they see with the
Link service.
When asked, Mr. Erie stated he feels three routes are better
than two, but would support two routes rather than no routes.
He expressed concerns relative to measuring first year
ridership of a new express route.
Mr. Warren stated the Winterpock Express route is important
because it provides service for the growth area of the
county, and he feels this service makes sense from a traffic
congestion standpoint.
Mrs. Humphrey stated she wants to vote on staff's
recommendation before making any changes to the proposal.
Mr. Warren stated he does not support staff's recommendation
as presented.
03-480
06/18/03
Mr. Warren asked for a motion regarding staff's
recommendation.
No one made a motion for approval of staff's recommendation.
Mr. Warren then made a motion for the Board to approve
continuation of the Chesterfield Plaza Lowes Express and the
addition of a Winterpock Express along Route 360, and request
that GRTC consider an increase in the current fare for the
Link service.
Mr. Barber seconded the motion.
Mr. McHale expressed concerns that staff had recommended
continuation of an experiment, and now the Board is
considering something totally different. He further stated
there is no basis to support a route along Hull Street, and
noted that both the Lowes Express and the Chester Express
have existing ridership. He stated he feels the service
proposed in Mr. Warren's motion represents a gift to people
with automobiles and leaves the people without automobiles
who rely on the Link for their livelihood ~out in the cold."
When asked, Mr. McHale stated he could be persuaded to
support a project that focused on the people who were most in
need, but the proposal on the table now would leave those
people out. He further stated he does not feel staff will be
able to measure congestion mitigation or reduction in
pollution using the proposed routes. He expressed concerns
relative to asking citizens to make sacrifices and give up
things that are important to them, such as turn lanes and
other road improvements, when the results of the sacrifices
are not benefiting the people who need the service the most.
He stated it is the local service that provides for citizens
who are most in need because it gets people to work who have
no other means of transportation.
Mrs. Humphrey inquired how staff's proposal originated.
Mr. Ramsey stated the business community involved in making
the recommendation recognized that the ridership on the local
routes was less than the express routes and because it was
necessary to reduce the cost of the service, the routes had
to be reduced.
Mr. Barber stated staff was directed to recommend a reduced
Link service that would have the least financial impact
locally. He further stated he does not disagree with Mr.
McHale that the Board should provide for the most in need,
but that is not what staff has proposed. He stated he feels
the $125,000 in local money is worth the investment to
continue the pilot one more year.
Mr. Warren called for a vote on his motion, seconded by Mr.
Barber, for the Board to approve continuation of the
Chesterfield Plaza Lowes Express and the addition of a
Winterpock Express along Route 360, and request that GRTC
consider an increase in the current fare for the Link
service.
The Chairman, Mr. Warren, allowed further debate on the
matter.
03 -481
06/18/03
Mr. Miller inquired whether the Board can mandate GRTC to
increase the fare.
Mr. Micas stated the Board cannot compel GRTC to increase the
fare, but could condition its support on GRTC approving an
increase.
Mr. Warren amended his motion to include an evaluation by
GRTC that would lead to an increase in the fare rate.
Mr. Barber expressed concerns that GRTC might not meet in
enough time to take a fare rate increase into consideration
prior to activation of funding. He stated he would not
support the amendment to Mr. Warren's original motion.
Mr. Warren again called for a vote on his original motion,
seconded by Mr. Barber, for the Board to approve continuation
of the Chesterfield Plaza Lowes Express and the addition of a
Winterpock Express along Route 360, and request that GRTC
consider an increase in the current fare for the Link
service.
And, further, the Board authorized the County Administrator
to enter into agreements with GRTC, acceptable to the County
Attorney, for the continuation of the reduced Link service;
authorized the County Administrator to make service
adjustments in the stop locations and frequencies as
necessary to provide efficient service; transferred $75,000
from the General Road Improvement Account for the service;
and directed staff to present and support a CMAQ re-
designation request for the service at the Richmond MPO, if
necessary.
Ayes: Warren, Barber and Humphrey.
Nays: McHale and Miller.
9. w~.~RINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORTS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the following reports:
A report on Developer Water and Sewer Contracts; and a Status
Report on the General Fund Balance, Reserve for Future
Capital Projects, District Improvement Funds and Lease
Purchases.
And, further, the following roads were accepted into the
State Secondary System:
ADDITION
LENGTH
COALBROOK, SECTION 1
Effective 5/23/03
Coalbrook Drive (Route 5529) - From Grove Pond
Drive (Route 5527) to 0.03 mile east of Grove
Pond Drive (Route 5527)
0.03 Mi
03-482
06/18/03
Grove Pond Drive (Route 5527) - From Grove Hill
Road (Route 5471) to Roll Drive (Route 5528)
Grove Pond Drive (Route 5527) - From Roll Drive
(Route 5528) to Coalbrook Drive (Route 5529)
Grove Pond Drive (Route 5527) - From Coalbrook
Drive (Route 5529) to Intersection of Roll Drive
(Route 5528)
Roll Drive (Route 5528) - From Grove Pond Drive
(Route 5527) to Grove Pond Drive (Route 5527)
PARRISH BRANCH
Effective 5/16/03
Parrish Creek Drive (Route 5526) - From Parrish
Creek Lane (Route 5525) to 0.08 mile north of
Parrish Creek Lane (Route 5525)
Parrish Creek Lane (Route 5525) - From Spring
Bluff Road (Route 4677) to Parrish Creek Drive
(Route 5526)
Parrish Creek Lane (Route 5525) - From Spring
Bluff Road (Route 4677) to Cul-de-sac
Parrish Creek Lane (Route 5525) - From Parrish
Creek Drive (Route 5526) to 0.02 mile east of
Parrish Creek Drive (Route 5526)
Spring Bluff Road (Route 4659) - From 0.02 mile
south of Kingfisher Terrace (Route 4677) to
Parrish Creek Lane (Route 5525)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
0.03 Mi
0.10 Mi
0.08 Mi
0.15 Mi
0.08 Mi
0.19 Mi
0.04 Mi
0.02 Mi
0.01 Mi
11. DINNER
On motion of Mr. Miller, seconded by Mr. Barber,
recessed to the Administration Building, Room
dinner.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
the Board
502, for
Reconvening:
12. INVOCATION
Reverend Tim Amador, Pastor
Church gave the invocation.
of God's Storehouse Baptist
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Mark Pollak led the Pledge of Allegiance to the
flag of the United States of America.
03 -483
06/18/03
14. ~OLUTIONS AND SPECIAL RECOGNITIONS
14.A. RECO~NIZIN~ Cw~STERFT~LD COUNTY STAFF FOR THEIR
ASSISTANC~ WITH THE ~LOCATION OF KID'S WORLD LEARNING
CENTER
Mr. Bob Sarver and Mrs. Brenda Sarver presented plaques to
Mr. Warren; Mr. Kirk Turner, Development Manager; Mr. Frank
Kinnier, Principal Engineer in the Fire and Emergency Medical
Services Department; and Mr. Craig Condrey, Commercial
Building Inspections Supervisor, in appreciation of the
assistance they provided in relocating the Kid's World
Learning Center due to a recent fire.
14.B. RECOGNIZING FIREFI~TER ROBERT WISSIN~ER, CHESTERFIELD
FIRE AND E~m-RGENCY MEDICAL SERVICES DEPARTh~, UPON
HIS RETIREMENT
Deputy Chief Frank Edwards introduced Mr. Robert Wissinger
who was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Firefighter Robert J. Wissinger will retire
from the Chesterfield Fire and Emergency Medical Services
Department, Chesterfield County, on June 1, 2003; and
WHEREAS, Firefighter Wissinger attended Recruit School
%9 in 1978 and has faithfully served the County for twenty-
five years in various assignments at the Bon Air, Buford,
Clover Hill, Matoaca, Midlothian, and Wagstaff Fire Stations;
and
WHEREAS, Firefighter Wissinger was recognized in June
1996 with an Emergency Medical Services Award for his role in
saving the life of a citizen suffering from cardiac arrest;
and
WHEREAS, Firefighter Wissinger was recognized in April
2001 for his involvement in the Mentoring Program at Matoaca
Middle School.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 18th day of June 2003,
publicly recognizes Mr. Robert J. Wissinger, expresses the
appreciation of all residents for his contributions to the
county, and extends appreciation for his dedicated service,
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 Firefighter Wissinger and that
this resolution be permanently recorded among the papers of
this Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren presented the executed
Wissinger, accompanied by Chief
resolution to Mr.
Edwards, expressed
03-484
06/18/03
appreciation for his dedicated service, and congratulated him
upon his retirement.
Mr. Ramsey presented a Jefferson Cup to Mr. Wissinger and
extended good wishes upon his retirement.
Mr. Wissinger expressed appreciation to the Board for the
recognition and also to his family for their support.
Chief Edwards presented Mr. Wissinger with a
containing his badge and other memorabilia.
shadowbox
14.C. RECOGNIZING MEMBERS OF THE HEALTH CENTER COMMISSION OF
CHESTERFIELD COUNTY
14.C.1. MR. JAMES M. SHEPHERD, MATOACA DISTRICT
Mr. Warren introduced Mr. James Shepherd who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. James M. Shepherd has represented the
Matoaca District well for four years as an appointed
volunteer of the Chesterfield County Health Center
Commission, serving as Vice Chairman for one year and
Chairman for two years; and
WHEREAS, as a member of the Health Center Commission,
Mr. Shepherd has actively participated in transforming the
198-bed Nursing Home into a 240-bed JCAHO accredited facility
with a 48-bed Assisted Living Center and 20-participant Adult
Day Center, all licensed by the State of Virginia; and
WHEREAS, under his leadership as Chairman, Mr. Shepherd
enhanced the Health Center Commission's organizational
structure through the formation of sub-committees, which
further expanded the Board's productivity based on regular
committee feedback regarding progress towards the achievement
of various goals and objectives; and
WHEREAS, during his tenure, Mr. Shepherd provided
financial expertise to help Lucy Corr Village by chairing the
Financial Subcommittee meetings, reviewing budget proposals,
and being constantly vigilant in his efforts towards the
organization's financial viability; and
WHEREAS, Mr. Shepherd has exhibited a vision of solvency
and dedication towards financial independence for Lucy Corr
Village, which has resulted in both a positive financial
structure and a forward thinking, insightful strategic plan;
and
WHEREAS, Mr. Shepherd, through his excellent standards
and high morale, has shown an unwavering desire to promote
Lucy Corr Village as a place where everyone can be proud to
work or live; and
WHEREAS, Mr. Shepherd's devotion and dedication to
community giving, through appointment and service to Lucy
Corr Village, is admired by all and has been of such
magnitude it has brought great credit not only upon himself
03-485
06/18/03
and his family, but also to Chesterfield County, the
Chesterfield County Health Center Commission and Lucy Corr
Village.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors and the Chesterfield County
Health Center Commission, this 18th day of June 2003, publicly
recognize the outstanding contributions of Mr. James M.
Shepherd and extend, on behalf of their 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. Shepherd and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution to Mr.
Shepherd, accompanied by members of the Health Center
Cor~fLission, and expressed appreciation for his service to the
Commission.
Mr. Shepherd expressed appreciation for the honor of serving
fellow citizens, and stated he feels Lucy Corr Village is the
finest facility of its type in the state.
1~.C.2. MR. SPENCER L. MOFFETT, BERMUDA DISTRICT
Mr. Warren introduced Mr. Spencer Moffett who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. Spencer L. Moffett has served as a devoted
volunteer member of the Chesterfield County Health Center
Commission for four years from July 1999 until June 2003; and
WHEREAS, one month after Mr. Moffett began his service,
the new nursing facility opened its doors for business; and
Lucy Corr Village has continued to improve through his
participation on the Board and dedication to the mission of
the organization; and
WHEREAS, Mr. Moffett has exhibited the desire to be
flexible and willing to participate in any way needed by
serving on the Community Services and Nominating Committees,
as well as working with the Virginia General Assembly
legislative process; and
WHEREAS, having participated in the Lucy Corr Family
Council Program prior to 1999, Mr. Moffett's special insights
into the organizational relationship with residents and
family members has been of great value; and
WHEREAS, being dedicated to the Commission's outreach
initiatives, Mr. Moffett spoke to members of the community
through a variety of settings, including a radio spot with
the Virginia Governor; a Better Business Bureau luncheon; and
03-~86
06/18/03
numerous one-to-one conversations with others explaining his
personal experience with having a family member reside at
Lucy Corr Village; and
WHEREAS, Mr. Moffett will continue his direct support of
Lucy Corr Village as Chairman and fundraiser of the Lucy Corr
Foundation; and
WHEREAS, Mr. Moffett's devotion and dedication to Lucy
Corr Village is admired by all.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors and the Chesterfield County
Health Center Commission, this 18th day of June 2003, publicly
recognize the outstanding contributions of Mr. Spencer L.
Moffett and extend, on behalf of their 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. Moffett and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. McHale presented the executed resolution to Mr. Moffett,
accompanied by members of the Health Center Commission, and
expressed appreciation for his service to the Commission.
Mr. Moffett expressed appreciation for the opportunity to
serve on the Health Center Commission, and for the excellent
care provided to his mother at Lucy Corr during the last
years of her life.
14.C.3. DR. BETTY HUNTER-CLAPP, CLOVER HILL DISTRICT
Mr. Warren introduced Dr. Betty Hunter-Clapp who was present
to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Dr. Betty Hunter-Clapp has served as a
dedicated and diligent member of the Chesterfield County
Health Center Commission for the past four years, from July
1999 to June 2003, while simultaneously participating in
other community volunteer activities; and
WHEREAS, during her tenure, Dr. Hunter-Clapp served in
many capacities within the Commission and has been a kind-
hearted goodwill ambassador to many, including Lucy Corr
staff; various county employees; as well as our state
legislative delegation; and
WHEREAS, throughout her tenure, Dr. Hunter-Clapp has
responded to the needs of the Commission in a conscientious,
dependable and helpful manner; and has exhibited her intense
desire to enhance the recognition and benefits of the Lucy
Corr Village employees through serving as chairperson of the
Human Resources Sub-Committee; and
03-487
06/18/03
WHEREAS, Dr. Hunter-Clapp exhibited dedication to Lucy
Corr Village, placing emphasis on the importance of team
efforts by responding to fellow Commission members' needs and
requests in a cooperative, helpful and encouraging fashion;
and
WHEREAS, Dr. Hunter-Clapp served faithfully and
conscientiously to increase legislative awareness of the
needs of long term care facilities, as well as the specific
need for the conversion of sixteen Lucy Corr Village assisted
living beds to skilled nursing home beds; and
WHEREAS, Dr. Hunter-Clapp has provided a unique
perspective that has been greatly valued and exhibited a
devotion and steadfastness that will long be remembered.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors and the Chesterfield County
Health Center Commission, this 18tn day of June 2003, publicly
recognize the outstanding contributions of Dr. Betty Hunter-
Clapp and extend, on behalf of their members, Lucy Corr
Village, and the citizens of Chesterfield County, their
sincere appreciation for her 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 Dr. Hunter-Clapp and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Warren presented the executed resolution to Dr. Hunter-
Clapp, accompanied by members of the Health Center
Commission, and expressed appreciation for her service to the
Commission.
Dr. Hunter-Clapp expressed appreciation to the Board for the
opportunity to serve as a member of the Health Center
Commission, and stated it has been a very rewarding
experience.
14.D. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUTS
14.D.1. KYLE KENNETH BAKER, MATOACA DISTRICT
Mr. Hammer introduced Mr. Kyle Baker who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
03-488
06/18/03
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Kyle Kenneth Baker, Troop 800, sponsored by
Bethel Baptist Church, has accomplished those high standards
of commitment and has reached the long-sought goal of Eagle
Scout, which is earned by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Kyle has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 18th day of June 2003,
publicly recognizes Mr. Kyle Kenneth Baker, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Baker, accompanied by his mother, congratulated him on
his outstanding achievement, and wished him well in his
future endeavors.
Mr. Baker expressed appreciation to his parents, family
members and others who assisted with his Eagle project.
14.D.2. MARK WILLIAM POLLAK, MATOACA DISTRICT
Mr. Hammer introduced Mr. Mark Pollak 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. Mark William Pollak, Troop 800, sponsored
by Bethel Baptist Church, has accomplished those high
03-489
06/18/03
standards of commitment and has reached the long-sought goal
of Eagle Scout, which is earned by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Mark has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 18th day of June 2003,
publicly recognizes Mr. Mark William Pollak, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Pollak, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Pollak expressed appreciation to the Board for the
recognition, and also to his family and members of his troop
for their support.
14.D.3. JOSEPH ADAMNEW, CLOVER HILL DISTRICT
Mr. Hammer introduced Mr. Adam New 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 Adam New, Troop 800, sponsored by
Bethel Baptist Church, has accomplished those high standards
of commitment and has reached the long-sought goal of Eagle
Scout, which is earned by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Adam has distinguished himself as a member of a new
03-490
06/18/03
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 18th day of June 2003,
publicly recognizes Mr. Joseph Adam New, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. New, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. New expressed appreciation to the Board for recognizing
scouting, and also to those who assisted with his Eagle
project.
16.F. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF AN
UNIMPROVED COUNTY RIGHT OF WAY KNOWN AS MORRISETT ROAD
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider an ordinance to
vacate a portion of an unimproved county right of way known
as Morrisett Road.
Mr. Warren stated Mr. Miller is requesting that the public
hearing be deferred. He then called for public comment
relative to the deferral.
No one came forward to speak to the deferral.
On motion of Mr. Miller, seconded by Mr. Barber, the Board
deferred the public hearing to consider an ordinance to
vacate a portion of an unimproved county right of way known
as Morrisett Road until July 23, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE HEARD iN THE FOLLOWING ORDERs
- WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT THE
RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILL BE
HEARD AT SECTION 17
02SN0209
In Matoaca Magisterial District, SOUTHERN LAND COMPANY LLC
requests rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12) with Conditional Use
Planned Development to permit exceptions to Ordinance
requirements. A mixed use development with residential,
office and commercial uses is planned. Residential use of up
to 3.63 units per acre is permitted in a Residential (R-12)
03-&91
06/18/03
District. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
single family residential use of 2.0 units per acre or less.
This request lies on 1,196.2 acres fronting in three (3)
places for a total of approximately 2,800 feet on the north
line of Beach Road, lying across from Coalboro Road and at
the southern terminus of Otterdale Road. Tax ID 714-663-0471
(Sheets 15 and 23).
Mr. Jacobson stated Mrs. Humphrey has requested a deferral
until December 17, 2003.
Mr. Warren called for public comment.
Mr. Bill Hastings stated he does not support the proposed
development because he feels it would have a significant
impact upon what the county is capable of funding and
building at this time in terms of schools. He further stated
he feels it is wrong for the Board to defer the request until
after the election.
There being no one else to speak to the deferral request, the
public hearing was closed.
Mrs. Humphrey stated it is the consensus of the community as
well as property owners and the developer to take additional
time to review the Capital Improvement Plan and the 360
Corridor Plan prior to the Board making a decision on the
request.
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to defer Case 02SN0209 until December 17, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0201
In Dale Magisterial District, LANC0 CORPORATION requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-12). Residential use of
up to 3.63 units per acre is permitted in a Residential (R-
12) District. The Comprehensive Plan suggests the property
is appropriate for residential use of 1 to 2.5 units per
acre. This request lies on 46.4 acres fronting approximately
1,400 feet on the north line of Kingsland Road, also fronting
approximately 1,570 feet on the east line of Salem Church
Road and located in the northeast quadrant of the
intersection of these roads. Tax ID 779-673-Part of 4929
(Sheet 18).
Mr. Jacobson presented a summary of Case 03SN0201 and stated,
since the staff report was published, there have been two
addendums - one relating to technical information in the
staff report; and the other modifying Proffered Condition
17.A.1. and withdrawing Proffered Condition 18 and 19,
consistent with both staff and the Planning Commission's
reco~Lendation. He noted the request conforms to the Central
Area Plan; therefore, both the Planning Commission and staff
recommend approval.
03-492
06/18/03
Ms. Kristen Keatley, representing the applicant, stated the
recommendation is acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mr. McHale, the Board
suspended its rules to allow for consideration of the amended
Proffered Condition 17.A.1. and withdrawal of Proffered
Conditions 18 and 19.
Mr. Miller made a motion, seconded by Mr. McHale, for the
Board to approve Case 03SN0201 and accept the following
proffered conditions, as amended:
1. Public water and wastewater shall be used. (U)
o
The applicant, subdivider, or assignee(s) shall pay the
following, for infrastructure improvements within the
service district for the property, to the county of
Chesterfield prior to the issuance of building permit:
no
$9,000.00 per dwelling unit, if paid prior to
July 1, 2003; or
o
Bo
The amount approved by the Board of Supervisors not
to exceed $9,000.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
building cost index between July 1, 2002, and July
1 of the fiscal year in which the payment is made
if paid after June 30, 2003.
In the event the cash payment is not used for which
proffered within 15 years of receipt, the cash
shall be returned in full to the payor. (B&M)
The maximum density of this development shall not exceed
ninety (90) lots. (P)
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 installed. (EE)
Direct access from the property to Kingsland Road and to
Salem Church Road shall be limited to one (1) public
road onto each roadway. The exact location of these
accesses shall be approved by the Transportation
Department. (T)
Prior to tentative subdivision approval, revised
centerlines for Kingsland Road based on VDOT Urban Minor
Arterial Standards (50 MPH) and for Salem Church Road
based on VDOT Urban Collector Standards (40 MPH), with
any modifications approved by the Transportation
Department, shall be submitted to and approved by the
Transportation Department. In conjunction with
recordation of the initial subdivision plat, forty-five
(45) feet of right-of-way along the north side of
03-493
06/18/03
o
o
11.
12.
Kingsland Road and thirty-five (35) feet of right-of-way
along the east side of Salem Church Road, measured from
the approved revised centerlines of that part of the
roadways immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
To provide an adequate roadway system, the developer
shall be responsible for the following improvements:
ko
Construction of additional pavement along Kingsland
Road and along Salem Church Road at each approved
access to provide left and right turn lanes, if
warranted, based on Transportation Department
standards.
Widening/improving the north side of Kingsland Road
and the east side of Salem Church Road to an eleven
(11) foot wide travel lane, measured from the
existing centerline of the road, with an additional
one (1) foot wide paved shoulder plus a seven (7)
foot wide unpaved shoulder, with any modifications
approved by the Transportation Department, for the
entire property frontage.
Clearing/grading in the southwestern corner of the
property to provide adequate sight distance for
drivers traveling westbound on Kingsland Road
approaching the Kingsland Road/Salem Church Road
intersection, as determined by the Transportation
Department at time of construction plan review.
Do
Dedication to and for the benefit of Chesterfield
County, free and unrestricted, of any additional
right-of-way (or easements) required for the
improvements identified above. (T)
Prior to any construction plan approval, a phasing plan
for the required road improvements, as identified in
Proffered Condition 7, shall be submitted to and
approved by the Transportation Department. (T)
Manufactured homes shall not be permitted. (P)
Family daycare homes (providing care to more than five
(5) children) and group care facilities shall not be
permitted. (P)
The following shall be recorded as restrictive covenants
in conjunction with the recordation of any subdivision
plat:
No manufactured homes, as defined by the Code of
Virginia, shall be allowed to become a residence,
temporary or permanent.
Bo
No family daycare homes (providing care to more
than five (5) children) or group care facilities,
as defined by the Chesterfield County Code, shall
be permitted in any dwelling unit. (P)
The minimum gross floor area for one story dwelling
units shall be 1700 square feet and dwelling units with
03-494
06/18/03
13.
14.
15.
more than one story shall have a minimum gross floor
area of 1800 square feet. A maximum of thirty (30) homes
shall be permitted to have a gross floor area of less
than 2,000 square feet. (BI & P)
Ail exposed portions of the foundation of each new
dwelling unit shall be faced with brick or stone veneer.
Exposed piers supporting front porches shall be faced
with brick or stone veneer. (BI & P)
A fifteen (15) foot tree preservation strip, exclusive
of required yards, shall be maintained along the eastern
property line adjacent to GPIN 780-672-2584 and 780-673-
2415, and 2566. Utility easements shall be permitted to
cross this strip in a perpendicular fashion. Any
healthy trees that are six (6) inches in caliper or
greater shall be retained within this tree preservation
strip except where removal is necessary to accommodate
the improvements permitted by the preceding sentence.
This condition shall not preclude the removal of
vegetation from the tree preservation strip that is
unhealthy, dying or diseased. (P)
In conjunction with the recordation of the initial
subdivision plat, a public access easement, of
approximately thirty (30) feet in width along Reedy
Branch Creek, shall be dedicated free and unrestricted,
to and for the benefit of Chesterfield County. The
exact location and width of this easement shall be
approved by the Parks and Recreation Department. (P&R)
16. Development on the Property shall be phased as follows:
17.
No more than a cumulative total of forty (40) lots
shall be recorded prior to July 1, 2004.
Bo
No more than a cumulative total of sixty-five (65)
lots shall be recorded prior to July 1, 2005.
No more than a cumulative total of ninety (90) lots
shall be recorded prior to July 1, 2006. (P)
The following shall be recorded as deed restrictions in
conjunction with the recordation of any subdivision
plat:
A. Proposed Declaration of Protective Covenants:
No lot shall be used except for residential
purposes. No business uses (profit or non-
profit) including home occupations shall be
conducted on the premises. Home occupations
may be permitted if approved by the
Homeowners' Association. (P)
No improvements including, without limitation,
a dwelling, accessory structure, or addition
such as a carport, driveway, porch, sidewalk,
roof, lamp post, fence, garage, or other
outbuildings, landscaping, antenna, or similar
device, or change in the exterior color or
siding material shall be made, erected,
altered, or replaced unless two sets of
03-~95
06/18/03
o
o
o
detailed plans and specifications, including a
site plan locating all such improvements and
describing exterior finishes (material and
color, including roof) have first been
submitted to and approved by Declarant in
writing.
Declarant reserves unto itself the right and
privilege to install gas lines, water lines,
sewer lines, storm sewers, electric lines,
telephone and telegraph poles, lines and
wires, and other utilities and appurtenances
in the street and roads of the Subdivision and
along the property lines of the Lots, and to
grant to other persons, companies, or
corporations any or all of such rights and
privileges, but the reservation of such rights
shall not relieve any grantee form the
obligation to pay the usual and customary
charges made with respect to his Lot for the
installation and/or connection of utilities.
In considering requests for approval of fences
and hedges, the following general guidelines
will be applied:
No fence shall be permitted in the front
yard of any Lot (between the building
setback line and street line).
No fence or hedge shall generally be
permitted higher than 42 inches of any
Lot.
No chain link fences or fences of other
materials similar in nature or appearance
will be permitted on any Lot.
Declarant may in its absolute discretion waive
or modify these guidelines and consider such
other criteria as it shall deem appropriate.
No sign of any kind shall be displayed to
public view on any Lot, unless first approved
in writing by Declarant, except on siqn of
notmore than four (4) square feet advertising
the property for sale or rent, or signs used
by a the initial construction and sales
period.
No use shall be made of any Lot, or any part
thereof which constitutes a nuisance or which
would adversely affect the value or
marketability of other Lots, No stables,
swine, sheep, cows, or the like shall be
permitted on any Lot. All trash, garbage
and/or rubbish shall be kept in sanitary
containers located so as not to be visible
from a public street except as necessary for
limited times in connection with pickup and
removal by disposal services and except during
periods of construction.
03-&96
06/18/03
o
No driveway, entranceway, or sidewalk shall be
constructed on any Lot unless approved as
provided in paragraph 2.
o
No swimming pool shall be located nearer to
any street line than the rear building line of
the dwelling.
10. No structure of a temporary character or any
trailer, tent, barn, or other outbuildings
shall be used on any Lot at any time as a
residence, either temporarily or permanently.
11.
No trees over six (6) inches in diameter shall
be removed from any Lot without the prior
written approval of Declarant.
12.
No portable air conditions units will be place
in any window of a dwelling or other building
if visible from a public street.
13.
No exterior television antenna (including
"dish" type) or other antennas shall be
permitted to extend over five (5) feet above
the roofline of any building.
14.
No motor vehicle will be parked on or adjacent
to any Lot which does not have a current state
license, state inspection sticker, and county
license, and no commercial vehicle, such as a
school bus, delivery truck, or other large
vehicle or equipment will be parked on a
street in the subdivision or on any Lot. No
recreational vehicle (mobile home, camping
trailer, and other similar vehicles) shall be
parked on a street in the Subdivision or on a
Lot except in a driveway shown on plans that
have been approved as provided in Paragraph 2.
15.
Any one or more of the covenants or
restrictions imposed by paragraphs I through
14 above may be waived or modified, in whole
or in part, as to the entire Subdivision or
and part thereof, by written instrument signed
by Declarant and recorded where these
restrictions are recorded.
16.
In addition to the foregoing conditions and
restrictions, the Lots shall be subject to
easements for drainage and utilities,
including power and telephone lines, as shown
on the plat, and any other easements of record
at the time of conveyance of any Lot.
17.
Invalidation of any one of the provisions of
these restrictions by judgement, court order,
or otherwise shall in no way affect any of the
other provisions which shall remain in full
force and effect.
18.
Declarant reserves the right to assign and
transfer to any person, persons, or entity
some or all of its rights provided herein and
03 -497
06/18/03
19.
20.
21.
in such event such transferee shall have and
may exercise all such rights to the same
extent as if he, they, or it were the
Declarant.
Declarant shall have the full right and
privilege to enforce all restrictions and
conditions contained herein by appropriate
proceeding at law for damages and/or in equity
for appropriate injunctive relief and
restraining orders to prevent violations, or
to require violations to be corrected,
together with damages sustained including,
without limitation, attorneys' fees and costs.
In addition, any Owner shall have, after
seventy-five percent (75%) or more of the Lots
have been conveyed to purchasers other than
builders, the right to enforce compliance with
these restrictions as provided in this
paragraph.
These restrictions shall run with the land and
be binding upon any and all succeeding owners,
their personal representatives, estates,
heirs, devisees, assigns, or successors in
interest or any other partied having or taking
an interest in or to the Property, or any part
thereof, and shall automatically be extended
for successive periods of ten (10) years
unless otherwise provided in a written
instrument executed by the owners of a
majority of the Lots in the Subdivision unless
a release, waiver, or breach of any one or
more of the restrictions contained herein or
any part thereof is required or agreed to by a
court or governmental authority having
jurisdiction over the Property.
Declarant, as owner of all of the Property
subjected to the Declaration, shall, at such
time as it deems appropriate, cause to be
incorporated under the laws of the
Commonwealth of Virginia a non profit
corporation to be named ~Bendahl Valley
Homeowner's Association" or a similar name
(the ~Association").
ao
Ail Owners shall be members ("Members")
of the Association and shall be entitled
to one (1) vote, per each Lot owned by
them (provided, however, that if a Lot is
owned by more than one owner, the owners
of such Lot shall be entitled to only one
vote between them), on all matters which
are required to be decided by a vote of
the Members of the Association.
Bo
The Members shall annually elect a five
(5) member board of directors (the "Board
of Directors") which shall be responsible
for operating the Association, provided,
however, that until such time as eighty-
five percent (85%) of the Lots are owned
03-498
06/18/03
Do
by persons other than builders of the
Declarant, the Board of Directors shall
consist of five (5) directors all of whom
shall be selected by the Declarant.
Each year the Board of Directors shall
prepare an annual budget (the "Budget")
containing an itemization of the
expenses, which it anticipates, the
Association will incur during the
upcoming year to fulfill its
responsibilities hereunder. The Budget
shall be sent to each owner together with
a notice of assessment (the "Annual
Assessment") for the owner's pro rata
share of the budget, which shall be
computed by dividing the total Budget by
the number of Lots. Upon receipt of the
Annual Assessment, each Owner shall be
required to make payment of the same in
the manner designated by the Board of
Directors.
In addition to any Annual Assessments,
the Association may levy in any
assessment year a special assessment (the
"Special Assessment") applicable to that
year only for the purpose of defraying in
whole or in part the cost of any
reconstruction, unexpected repair, or
replacement of a capital improvement,
including the necessary fixtures and
personal property related thereto,
provided that any such Special Assessment
shall have the consent of the Owners of
two-thirds (2/3) of the lots.
Any Annual Assessment of Special
Assessment (the "Assessments") which is
not paid by an Owner within such time as
shall be determined by the Board of
Directors shall bear interest at a rate
per annum determined by the Board of
Directors from such date until paid and
shall constitute a lien upon the Lot
owned by such Member. Such lien shall
have priority over all other liens
including, without limitation, mortgages,
deeds of trust, or any other lien
hereafter placed upon any Lot, except a
first mortgage of deed of trust securing
a loan by a bona fide institutional
lender to which such lien shall be
subordinate. No Owner may waive or escape
liability for the assessments hereunder
for any reason. No sale or other transfer
shall relieve any owner from liability
for any Assessments due nor any Lot from
the lien of any Assessments. The amount
of any such lien may be enforced by suit
or otherwise at the election of the
Association and the Owner shall be
required to reimburse the Association for
03-~99
06/18/03
all attorneys' fees and expenses incurred
in so doing, the amount of which shall
also constitute a lien on the Lot as
herein provided. Notwithstanding the
above, a party who acquires title to a
Lot by virtue of the foreclosure of lien
secured by a first mortgage of deed of
trust to which this lien is subordinate
or by a deed or assignment in lieu of
foreclosure any liability of lien
chargeable to such Lot on account of any
period of time prior to such acquisition
of title. Said acquiring party shall,
however, be bound by the provisions of
this Declaration including, without
limitation, Assessments effective after
said acquisition of title.
22.
The Declarant hereby reserves the right, at
Declarant's sole discretion, to add the
Additional Land to the property subject to the
Declaration of Protective Covenants. (P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0243
In Clover Hill Magisterial District, 13800 HULL STREET
ASSOCIATES, L.L.C. requests rezoning and amendment of zoning
district map from Light Industrial (I-l) to Corporate Office
(0-2) and Neighborhood Business (C-2). The density of such
amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for neighborhood mixed use. This
request lies on 8.0 acres fronting approximately 525 feet on
the north line of Hull Street Road, approximately 200 feet
west of Harbour View Court, also lying approximately 350 feet
west of the terminus of Harbour View Court. Tax IDs 727-673-
1442 and 4313 (Sheet 15).
Mr. Jacobson presented a summary of Case 03SN0243 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions. He noted the request
conforms to the Upper Swift Creek Plan.
Ms. Ashley Harwell, representing the applicant, stated the
recommendation is acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. McHale, the Board
approved Case 03SN0243 and accepted the following proffered
conditions:
The 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 itself
and its successors or assigns, proffers that the development
of the property known as Chesterfield County Tax
03-500
06/18/03
Identification Numbers 727-673-4313 and 727-673-1442 (the
"Property") under consideration will be developed according
to the following conditions if, and only if, the rezoning
request for C-2 and 0-2 is granted. In the event the request
is denied or approved with conditions not agreed to by the
Owner, the proffers and conditions shall immediately be null
and void and of no further force or effect. If the zoning is
granted, these proffers and conditions will supersede all
proffers and conditions now existing on the Property.
Buffers. A fifty (50) foot buffer shall be provided
along the northern property line adjacent to Tax ID 727-
673-3980. This buffer shall comply with the
requirements of the Zoning Ordinance for fifty (50) foot
buffers, except that no trees greater than two (2)
inches in caliper shall be removed from the buffer
except as necessary to permit the installation of
utility lines running generally perpendicular through
the buffer, unless the Planning Commission, at the time
of site plan review, approves the removal of trees
greater than two (2) inches in caliper provided that
other measures are taken to preserve the intent to
maintain trees of greater than two (2) inches in
caliper. Nothing herein shall limit the removal of
diseased, dying or dead vegetation from the buffer. (P)
2. Building Height.
so
Within the Neighborhood Business (C-2) portion of
the Property, buildings shall not exceed a height
of two (2) stories or thirty (30) feet, whichever
is less, except that an entrance feature may be up
to forty (40) feet in height.
Within the Corporate Office (0-2) portion of the
Property, any building or portion of a building
that is located within 125 feet of the northern
property line adjacent to Tax ID 727-673-3980 shall
not exceed a height of one (1) story or twenty-four
(24) feet, whichever is less. Within the Corporate
Office (0-2) portion of the Property, any building
or portion of a building that is located greater
than 125 feet from the northern property line
adjacent to Tax ID 727-673-3980 shall not exceed a
height of two (2) stories or thirty (30) feet,
whichever is less. (P)
o
Building Location. Within the Corporate Office (0-2)
portion of the Property, no buildings, parking or
driveway facilities shall be located closer than
seventy-five (75) feet from the northern property line
adjacent to Tax ID 727-673-3980. Parking and driveways
that serve any building or portion of a building located
within 125 feet of the northern property line adjacent
to Tax ID 727-673-3980 shall be located south of such
building. At the time of site plan review, the Planning
Commission may modify this condition if it is determined
that the employment of measures such as landscaping,
grading or other design features will effectively
minimize the visibility of parking areas from the Watch
Hill Subdivision. (P)
03-501
06/18/03
o
o
o
o
Signage. Each freestanding sign shall be a monument
style sign and the shape of the sign face shall not be a
uniform rectangle or square, but rather shall have a
shape similar to the sign faces for the outparcels
located within Harbour Pointe Shopping Center. The
base/structure of each monument sign shall be
constructed of the same material and colors as the
building to which the sign refers. (P)
Lighting.
ao
Within the Neighborhood Business (C-2) portion of
the Property, freestanding parking lot lights shall
not exceed twenty (20) feet in height and shall
have a shoebox design.
Within the Corporate Office (0-2) portion of the
Property, freestanding parking lot lights shall not
exceed twelve (12) feet in height, shall have a
shoebox design, and shall be sodium vapor unless
the Planning Commission, at the time of site plan
review, approves an alternative to sodium vapor
lighting which will not adversely affect adjacent
properties. Except for security lighting at
building entrances and exits, there shall be no
exterior building mounted lighting in the Corporate
Office (0-2) portion of the Property within 100
feet of residentially zoned property, excluding Tax
IDs 727-673-3980 (Brandermill Development Company
Limited Partnership) and 727-673-1202 (Clover Hill
Fire Station). (P)
Prohibited Uses.
The following uses shall not be permitted within
the Neighborhood Business (C-2) portion of the
Property:
i. Churches and/or Sunday schools;
ii. Funeral homes or mortuaries;
iii. Rest, convalescent or nursing homes and other
group care facilities; and
iv. Automobile self-service stations.
bo
The following uses shall not be permitted within
the Corporate Office (0-2) portion of the Property:
i. Churches and/or Sunday schools;
ii. Convalescent homes, nursing homes and rest
homes;
iii. Group care facilities; and
iv. Funeral homes or mortuaries. (P)
Number of Buildings. No more than three (3)
freestanding buildings shall be developed on the
Property. (P)
Access to Route 360. The existing driveway access to
Route 360 for the Property shall be closed. Then, the
Property shall be permitted one (1) direct access to
Route 360. The exact location of this access shall be
approved by the Transportation Department. (T)
03-502
06/18/03
9. Road Improvements.
10.
11.
system, the
following:
Owner
To provide an adequate roadway
shall be responsible for the
Construction of an additional lane of pavement
along Route 360 for the entire Property frontage.
bo
Construction of additional pavement along Route 360
at the approved access, if constructed, to provide
a separate right turn lane based on Transportation
Department standards.
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
Phasing Plan. Prior to any site plan approval, a
phasing plan for the required road improvements, as
identified in Proffered Condition 9, shall be submitted
to and approved by the Transportation Department. (T)
Timbering. 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 on the Property until
a land disturbance permit has been obtained from the
Environmental Engineering Department and the approved
devices have been installed. (EE)
12. Architectural Compatibility.
13.
ao
Within the Neighborhood Business (C-2) portion of
the Property, all buildings shall be compatible in
architectural style, colors and materials to
building(s) on Tax IDs 727-673-6256 (commonly known
as Harbour View Professional Center) and 727-673-
7830 (commonly known as BB&T). Roofs shall be
standing seam metal. All visible rooflines shall
have a pitch substantially similar to that used on
Tax IDs 725-672-9524 and 8118 (commonly known as
Walgreen's at Hull Street Road and Temie Lee
Parkway), unless modified by the Planning
Commission at the time of site plan review.
Within the Corporate Office (0-2) portion of the
Property, all buildings shall be compatible in
architectural style, colors and materials to
building(s) on Tax ID 727-673-2763. All visible
rooflines shall be pitched substantially similar to
the pitch used on Tax ID 727-673-2763 and shall be
dimensional architectural shingles substantially
similar in color to roofs on buildings on Tax ID
727-673-2763. (P)
Landscaping. In conjunction with the installation of
the required perimeter landscaping within the Corporate
Office (0-2) portion of the Property, Leyland Cypress
trees, or other similar evergreen approved by the
Planning Commission at the time of site plan review,
shall be installed parallel to the northern property
line adjacent to Tax ID 727-673-3980 and in continuation
with and spaced substantially similar to the existing
03-503
06/18/03
row of Leyland Cypress trees located east of the
Property on Tax ID 727-673-2763. This landscaping
requirement is in addition to the perimeter landscaping
requirement specified in the Zoning Ordinance. (P)
14.
Site Plan Approval. Site plans shall be submitted to
the Planning Commission for review and approval. (P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0250
In Dale Magisterial District, GREGORY BABINAT AND VICKI
BABINAT request Conditional Use and amendment of zoning
district map to permit a two (2) family dwelling in a
Residential (R-7) 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 2.51 to 4.0 units per
acre. This request lies on 1.3 acres and is known as 5140
Jessup Road. Tax ID 775-686-7274 (Sheet 11).
Mr. Jacobson presented a summary of Case 03SN0250 and stated
the Planning Commission and staff recommend approval subject
to conditions.
Ms. Vicki Babinat stated the recommendation is acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board
approved Case 03SN0250 subject to the following conditions:
Occupancy of the second dwelling unit shall be limited
to: the occupants of the principal dwelling unit;
individuals related to them by blood, marriage, adoption
or guardianship; foster children; guests; and any
domestic servants. (P)
For the purposes of providing record notice, within
thirty (30) days of the approval of this request:
An instrument titled ~notice of zoning restriction"
shall be recorded with the property owner indexed
as ~grantor" and setting forth the limitations of
Conditions 1 and 2; and
bo
The deed book and page number of such notice and a
copy of the notice as recorded shall be submitted
to the Planning Department. (P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0267
In Midlothian Magisterial District, BALZER AND ASSOCIATES
requests amendment to Conditional Use Planned Development
03-504
06/18/03
(Case 87S064, Condition 22) and amendment of zoning district
map to allow individual property owners within the boundaries
of the property encompassed by this application to file
schematic/subdivision plans independent of other property
owners within the boundaries of the property encompassed by
this application. The density of such amendment will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
office/residential mixed use and light industrial/flex use.
This request lies in Residential (R-9 and R-25), Corporate
Office (0-2) and Light Industrial (I-l) Districts on 117.4
acres fronting approximately 500 feet on the north line of
Midlothian Turnpike, also fronting approximately 2,500 feet
on the east line of Route 288 right of way and located in the
northeast quadrant of these roads. A second parcel fronts
approximately 1,350 feet on the north line of the Norfolk
Southern Railroad at the eastern terminus of Justice Road.
Tax IDs 719-712-3308, 720-710-0681, 723-710-8108 and 724-710-
1160 (Sheet 5).
Mr. Jacobson presented a summary of Case 03SN0267 and stated
the Planning Commission and staff recommend approval subject
to one condition.
Ms. Kristen Keatley, representing the applicant, stated the
recommendation is acceptable.
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved Case 03SN0267 subject to the following condition:
Within the Property ownership boundaries as shown on the map
entitled ~Property Ownership Boundaries", schematic plans
shall be submitted for entire tracts. It is the intention of
this condition that future applications for schematic plan
approval need only include that part of the tract located
within the ownership boundaries shown on the map entitled
~Property Ownership Boundaries. (For example, within the
"Batte Tract" ownership boundary, schematic plans shall be
submitted for all of that part of Tract B located within the
ownership boundaries of the "Batte Tract" and that part of
Tract B located within the ownership boundaries of the
"Salisbury Tract" need not be included as a part of that
schematic plan. For that part of Tract B located within the
ownership boundaries of the ~Salisbury Tract", schematic
plans shall be submitted for all of that part of Tract B
located within the ownership boundaries of the ~Salisbury
Tract" and that part of Tract B located within the ownership
boundaries of the ~Batte Tract" need not be included as a
part of that schematic plan. This condition will not allow
the filing of schematic plans on parts of tracts located
within the property ownership boundaries as shown on the map
entitled ~Property Ownership Boundaries".) (P)
(NOTE: This condition supersedes Condition 22 of Case 87S064
for the subject property only. All other conditions of
approval for Case 87S064 remain in effect.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-505
06/18/03
03SN0271
In Midlothian Magisterial District, JOHN C. WATKINS AND
WATKINS LAND, L.L.C. request rezoning and amendment of zoning
district map from Agricultural (A) to Corporate Office (0-2)
with Conditional Use to allow hotel and restaurant use. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for regional employment
center use. This request lies on 15.7 acres fronting
approximately 520 feet on the south line of Midlothian
Turnpike, approximately 2,700 feet east of Dry Bridge Road.
Tax IDs 715-710-Part of 8459 and 717-70~8-Part of 4353 (Sheet
5).
Mr. Jacobson presented a summary of Case 03SN0271 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions. He noted the request
conforms to the Route 288 Corridor Plan.
Mr. Jim Hayes, representing
recommendation is acceptable.
the applicant, stated the
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
approved Case 03SN0271 and accepted the following proffered
conditions:
Except for timbering approved by the Virginia 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 installed. (EE)
Prior to any final site plan approval, a ninety (90)
foot wide right-of-way for an east/west arterial
(~East/West Arterial") from Otterdale Road Relocated to
the western property line and generally located towards
the southern property line shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. The exact location of this right-of-way shall
be approved by the Transportation Department. (T)
Direct access from the property to Route 60 shall be
limited to one (1) entrance/exit, generally located at
the western property line. The exact location of this
access shall be approved by the Transportation
Department. Prior to final site plan approval for any
development that includes this access, an access
easement, acceptable to the Transportation Department,
shall be recorded across the property to ensure shared
use of this access with the adjacent property to the
west. (T)
Direct access from the property to Otterdale Road
Relocated shall be limited to one (1) entrance/exit,
generally located approximately midway of the property
frontage. This access shall be limited to right-turns-
in and right-turns-out only. The exact location of this
03-506
06/18/03
access shall be approved by the
Department. (T)
Transportation
o
Direct access from the property to East/West Arterial
shall be limited to one (1) entrance/exit, generally
located at the western property line. The exact
location of this access shall be approved by the
Transportation Department. (T)
To provide an adequate roadway system at the time of
complete development, the owner/developer shall be
responsible for the following:
Construction of an additional lane of pavement
along the eastbound lanes of Route 60 from the
terminus of the existing right turn storage lane
that serves Otterdale Road Relocated, to the
western property line.
Construction of additional pavement along the
eastbound lanes of Route 60 at the approved access
to provide a separate right turn lane, when the
Route 60 access is constructed as identified in
Proferred Condition 2.
Construction of a raised median and one (1)
additional lane of pavement along Otterdale Road
Relocated from Route 60 to approximately 200 feet
south of the right-in and right-out access. The
exact length of this improvement shall be approved
by the Transportation Department.
Construction of two (2) lanes of East/West
Arterial, based on VDOT Urban Minor Arterial
Standards (50 MPH) with modifications approved by
the Transportation Department, from Otterdale Road
Relocated to the western property line.
eo
Construction of East/West Arterial at its
intersection with Otterdale Road Relocated as a
three-lane typical section (i.e. one (1) westbound
lane and two (2) eastbound lanes). The exact
length of this improvement shall be approved by the
Transportation Department.
f o
Construction of additional pavement along Otterdale
Road Relocated at the approved access and at
East/West Arterial intersection, and along
East/West Arterial at the approved access to
provide left and right turn lanes, if warranted,
based on Transportation Department standards.
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
Prior to any site plan approval, a phasing plan for the
required road improvements, as identified in Proffered
Condition 5, shall be submitted to and approved by the
Transportation Department. (T)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03 -50'7
06/18/03
16. PUBLIC HEARINGS
16.A. TO CONSIDER THE TAX EXEMPTION REQUEST OF FIRST TEE
CHESTERFIELD
Mr. Micas stated that, following a Constitutional Amendment,
the General Assembly has now delegated authority to grant tax
exemptions to localities. He further stated this date and
time has been advertised for a public hearing for the Board
to consider the personal property tax exemption request of
First Tee Chesterfield.
Mr. Warren called for public comment.
Mr. Wes Swope, General Manager of First Tee Chesterfield,
requested that the Board support First Tee's personal
property tax exemption request.
There being no one else to speak to the request, the public
hearing was closed.
Mrs. Humphrey suggested that Mr. Swope consider providing
some services for the children at the Baptist Children's Home
this summer.
Mrs. Humphrey then made a motion, seconded by Mr. McHale, for
the Board to approve the tax exemption request of First Tee
Chesterfield by adopting the following ordinance:
AN ORDINANCE TO DESIGNATE THE PERSONAL PROPERTY OF
FIRST TEE CHESTERFIELD TO BE EXEMPT FROM PROPERTY TAXATION
WHEREAS, subsection 6(A)(6) of Article X of the
Constitution of Virginia, on and after January 1, 2003,
authorizes localities to designate as exempt from local
taxation the real or personal property, or both, owned by a
non-profit organization that uses such property for
religious, charitable, patriotic, historical, benevolent,
cultural, or public park and playground purposes; and
WHEREAS, the County has received a request from First
Tee Chesterfield to consider granting it a tax exemption for
personal property owned by it in Chesterfield County; and
WHEREAS, in accordance with Va. Code, §58.1-3651 the
Board has conducted a public hearing and consider each of the
questions required to be considered before adopting an
ordinance granting any such exemption; and
WHEREAS, the Board has determined that First Tee
Chesterfield meets the requirement for the personal property
tax exemption that it has requested by reason of its being a
non-profit organization which uses the personal property for
which it is requesting the exemption for benevolent and
public park and playground purposes.
NOW THEREFORE BE IT O~)AINED by the Board of Supervisors
of Chesterfield County:
1. First Tee Chesterfield is hereby designated a
benevolent and public park and playground organization within
03-508
06/18/03
the context of Section
Constitution of Virginia.
6(A) (6) of Article X of the
2. Personal property located in Chesterfield County
owned by First Tee Chesterfield and used by such organization
exclusively for either benevolent or public park and
playground purposes, or both, on a non-profit basis as set
forth in Section 1 of this ordinance is hereby determined to
be exempt from local taxation. This exemption shall be
contingent on the continued use of the property in accordance
with one or more of the purposes for which the organization
is designated as exempt in Section 1.
3. This personal property tax exemption
effective as of January 1, 2003.
shall be
4. This ordinance shall not be set out in the County
Code but shall be kept on file in the office of the
commissioner of revenue.
5. This ordinance shall be in effect immediately upon
its adoption.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Abstain: Miller.
Mr. Swope stated the Chesterfield facility is considered a
leader in the First Tee organization and has recently
received a tremendous amount of exposure.
16.B. TO CONSIDER APPROVAL OF A LEASE AG~R~.~.NT WITH A.T.
MASSEY COAL COMPANY, INCORPORATED
Mr. Stegmaier stated this date and time has been advertised
for a public hearing for the Board to consider a lease
agreement with A.T. Massey Coal Company, Incorporated.
Mr. Warren called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
approved a lease agreement with A.T. Massey Coal Company,
Incorporated for a hangar with office space located at 7431
Airfield Drive. (It is noted a copy of the Airport Space
Lease Agreement is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.C. TO CONSIDER ORDINANCE AMENDMENTS TO EXPAND BACKGROUND
C~CKS TO ALL NEW EMPLOYEES AND EMPLOYEES W~__O A~.
PROMOTED OR TRANSFERRED
Mr. Micas stated this date and time has been advertised for a
public hearing for the Board to consider ordinance amendments
to expand background checks to all new employees and
employees who are promoted or transferred. He further stated
that the Federal Bureau of Investigations (FBI) has requested
in the past week that the county consider some changes to the
03-509
06/18/03
existing language of the ordinance, and there are also issues
involving a statute adopted by the General Assembly that is
effective July 1, 2003 relative to the finger printing
process for new hires and promoted employees. He stated
that, because of those issues, staff is recommending the
public hearing be deferred until July 23, 2003.
Mr. Warren called for public comment.
No one came forward to speak to the deferral request.
On motion of Mr. Miller, seconded by Mr. Warren, the Board
deferred the public hearing to consider ordinance amendments
to expand background checks to all new employees and
employees who are promoted or transferred until July 23,
2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.D. TO CONSIDER REVISIONS TO TW~ ZONING ORDINANCE RELATIVE
TO LANDSCAPING
Mr. Greg Allen, Planning Administrator stated this date and
time has been advertised for a public hearing for the Board
to consider revisions to the Zoning Ordinance relative to
landscaping. He reviewed highlights of the proposed
ordinance amendments, including reduced plant sizes;
increased tree save requirements in setbacks along roads;
requiring landscaping re-inspections; changing perimeter
landscaping requirements to improve visibility needs and be
consistent with urban development; requiring visible
stormwater basins to be treated aesthetically; and allowing
split zoned property to have buffers on residential zoned
portions of parcels.
Mr. Warren called for public comment.
No one came forward to speak to the ordinance amendments.
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED BY REPEALING SECTION 19-225
AND AMENDING AND RE-ENACTING SECTIONS 19-105, 19-111, 19-264,
19-505, 19-516, 19-517, 19-518, 19-519, 19-520, 19-521,
19-522, 19-523, 19-582, 19-583, 19-584, 19-593,
19-601 AND 19-602 RELATING TO LANDSCAPING
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-225 of the Code of the County of
Chesterfield, 1997, as amended, is repealed and Sections 19-
105, 19-111, 19-264, 19-505, 19-516, 19-517, 19-518, 19-519,
19-520, 19-521, 19-522, 19-523, 19-582, 19-583, 19-584, 19-
593, 19-601 and 19-602 are amended and re-enacted to read as
follows:
03-510
06/18/03
Sec. 19-105. Required conditions.
The purpose and goal of the following conditions is to create
developments that protect against overcrowding, undue density
of population, obstruction of light and air and that are
attractive, convenient and harmonious. To this end, buildings
should be designed to impart harmonious proportions and to
avoid monotonous facades or large bulky masses. Townhouse
buildings should possess architectural variety but enhance an
overall cohesive residential character. Character should be
achieved through the creative use of design elements such as
balconies and/or terraces, articulation of doors and windows,
sculptural or textural relief of facades, architectural
ornamentation, varied rooflines or other appurtenances such
as lighting fixtures and/or planting. Townhouse rows of more
than six units shall be clustered and employ sufficient
variety of setbacks between units to avoid monotonous facades
and bulky masses.
The conditions specified in this section shall be met in the
R-TH District, except as noted in section 19-106:
o o o
(i)
Frontage on public street. Ail lots shall have
frontage on a public street, or access thereto by
common right-of-way within 500 feet. Townhouse lots
not fronting on a public street shall front on
paved accessways designed and constructed in
accordance with VDOT paving specifications for
subdivisions and secondary roads. All public and
private streets within an R-TH project shall
install street trees in conformance with Sec. 19-
518(h) Street trees.
Sec. 19-111.
o o o
Required condit~ons.
The purpose and goal of the following conditions is to create
a development which protects against overcrowding, undue
density of population, obstruction of light and air, and
which is attractive, convenient and harmonious. To this end,
buildings should be designed to impart harmonious proportions
and to avoid monotonous facades or large bulky masses.
Buildings should possess architectural variety but enhance an
overall cohesive residential character. Character shall be
achieved through the creative use of design elements such as
balconies and/or terraces, articulation of doors and windows,
sculptural or textural relief of facades, architectural
ornamentation, varied roof lines or other appurtenances such
as lighting fixtures and/or planting.
The conditions specified in this section shall be met in the
R-MF District except as specified in section 19-112.
(d)
o o o
Setbacks from roads and property lines. Ail
structures shall be set back a minimum of 25 feet
from interior private driveways. If the structure
is 48 feet or more in height, the setback may be
03-511
06/18/03
reduced to 20 feet where adjacent to a fire lane.
Structures shall be set back at least 15 feet from
any parking space and at least 50 feet from any
proposed right-of-way. All structures shall be set
back a minimum of 50 feet from all property lines,
unless adjacent to another multifamily residential
district, in which case a minimum setback of 30
feet shall be maintained. All perimeter yards shall
be planted per the requirements of Perimeter
landscaping C. Apartment buildings constructed
along an adjacent or internal public road shall
front that road.
(g)
o o o
Driveways and parking areas. Ail roads, driveways
and parking areas shall have concrete curbs and
gutters, and the requirements for surface parking
area landscaping per Section 19-519 shall be met.
All private driveways and parking areas shall be at
least 15 feet from the right-of-way of any existing
or proposed public road except for those roads
indicated on the comprehensive plan as major
arterials, where the setback shall be increased to
50 feet. In all cases, these setbacks are subject
to the provisions of section 19-555 of the
Development Standards Manual.
o o o
Sec. 19-225.
DIVISION 2.
Reserved.
RESERVED
o o o
Sec. 19-264. Preparation and submission of site plans.
(a) Site plans, or any portion thereof except landscape
plans, shall be certified by a state registered engineer,
landscape architect, architect or land surveyor as allowed by
state code. Landscape plans shall be prepared by a state
registered landscape architect, nurseryman, or landscape
designer.
o o o
Sec. 19-505. Measurement of yards.
o o o
(e) For purposes of determining yard setbacks, the
setback shall be measured from a 160-foot right-of-way in
those instances where 200-foot right-of-way has been
dedicated to the county in the following locations:
(1) Route 360, from Route 288 to the Amelia County
line;
(2) Route 10:
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06/18/03
a. From Irongate Drive to Courthouse Road;
b. From Krause Road to Buckingham Street;
c. From 1-95 to Hopewell corporate limits.
Buildings, drives and parking within office, commercial and
industrial districts:
The minimum setback area for buildings, drives and parking
areas along Route 360 and Route 10 as listed in this Section,
located outside of buffers, floodplains, wetlands and RPAs
shall be increased 1 square foot for each 1.1 square feet of
minimum required side and rear yard area located outside of
buffers, floodplains, wetlands and RPAs, so as to increase
the minimum setback along these roads an additional 20 feet.
Provided, however, the setback along these roads need not be
increased by more than 90 percent of the amount of reducible
side and rear yard area outside of buffers, floodplains,
wetlands and RPAs. Side and rear yard setback area outside of
buffers, floodplains, wetlands and RPAs may be reduced at a
ratio of 1.1 square feet for each.
o o o
Subdivision III. Landscaping
Secs. 19-516. Purpose and intent--Landsc&ping.
A comprehensive landscaping program for each individual
lot or parcel is essential for the visual enhancement of the
county and to protect and promote the appearance, character
and economic values of land. Whenever possible, maintenance
of the existing topography is encouraged. The purpose and
intent of such landscaping requirements is also to: (i)
reduce the visual impact of paved areas from adjacent
properties and streets, (ii) moderate climatic effects, (iii)
minimize noise and glare, (iv) enhance public safety by
defining spaces to influence traffic movement, (v) reduce the
amount of stormwater runoff, (vi) provide transition between
neighboring properties, and (vii) promote environmental
stewardship.
Secs. 19-517. Landsc&ping plan and planting requirements.
(a) At a minimum, a conceptual landscaping plan shall
be submitted in conjunction with final site plan approval. A
detailed landscape plan must be submitted and approved prior
to the release of a temporary certificate of occupancy.
(b) If a conceptual landscape plan is submitted for
site plan approval, the plan shall show all site improvements
including easements and rights of way, fire hydrant
locations, and a conceptual site lighting layout if site is
to be lit, and be drawn to scale. The plan shall include
dimensions and distances of perimeter yards and buffers and
related landscape requirements for each yard or buffer,
interior parking lot areas, BMP areas, and other landscape
requirements, and show general layout of existing and
proposed trees and shrubs, designating them as large or small
deciduous trees, evergreen trees, medium shrubs, and small
shrubs/groundcovers. When a detailed landscape plan is
submitted, all information required on the conceptual plan
03-513
06/18/03
shall be shown, but specific plant species shall be shown for
each of the general plant types, plant sizes shall be
specified, and any details, notes, and any plan specific
requirements shall be included. Plans submitted prior to land
disturbance may be re-evaluated after completion of grading
to determine quality of remaining trees, changes to slopes
and/or drainage, or other issues that may affect the
landscape design. If such a re-evaluation requires revisions
to the approved landscape plan, a review fee shall not be
applied.
Secs. 19-518. Plant materi&l sDecific&tions.
(a) Quality: Ail plant materials shall be alive and in
a healthy condition. Plant materials shall conform to the
standards of the most recent edition of the "American
Standard for Nursery Stock," published by the American
Association of Nurserymen.
(b) Minimum size standards:
(i)
Small deciduous trees: Small deciduous trees shall
be of a species that reach a minimum crown spread
of greater than 12 feet within 10 years. At the
time of planting, a minimum caliper of at least two
and one-half inches shall be required. If a native
species is selected from the Chesterfield County
Plant Materials List, the minimum caliper shall be
reduced to two inches. Multi-stem plants shall be
a minimum of 8 feet tall.
(2)
Large deciduous trees: Large deciduous trees shall
be of a species that reach a minimum crown spread
of greater than 30 feet within 20 years. At the
time of planting, a minimum caliper of at least two
and one-half inches shall be required. If a native
species is selected from the Chesterfield County
Plant Materials List, the minimum caliper shall be
reduced to two inches. Multi-stem plants shall be
a minimum of 10 feet tall.
(3)
Evergreen trees: Evergreen trees shall be of a
species that will reach a minimum height of 18 feet
within 20 years. At the time of planting, a
minimum height of seven feet shall be required. If
a native species is selected from the Chesterfield
County Plant Materials List, the minimum height
shall be reduced to six feet.
(4)
Medium shrubs: Medium shrubs shall be of a species
that reach a minimum height of 3 feet in 5 years.
A minimum height of eighteen inches shall be
required at the time of planting.
(c) Landscaping design: Generally, planting required by
this subdivision should be in an irregular line and spaced at
random, except where otherwise indicated in any applicable,
officially adopted plans and guidelines for landscaping.
Clustering of plants and tree species shall be required to
provide a professionally acceptable composition and mix of
vegetation. Decorative walls and fences may be integrated
into any landscaping program. The use of such walls or
fences, having a minimum height of three feet, may reduce the
03-514
06/18/03
amount of required plant materials as determined at the time
of site or schematic plan approval.
(d) Tree preservation: Whether parcels are developed or
undeveloped, preservation of existing trees and shrubs within
required setbacks along public roads and required buffers
shall be maximized to provide continuity and improved
buffering and to minimize new landscaping that needs
watering. All trees located within the setback from a public
right-of-way, shall be retained unless removal is necessary
to accommodate vehicular access and/or utilities that run
generally perpendicular through the setback, and which is
approved through site, subdivision or schematic plan review
with exact locations of access and utilities determined by
the director of planning. Existing trees may have lower
branches removed up to one third of the current height of
each tree to provide visibility into the site. Any healthy
existing tree or shrub may be included for credit towards
this subdivision's requirements as long as credited existing
vegetation is reasonably distributed throughout the length of
the setback area. If any preserved tree or shrub that has
been credited dies, one tree or shrub shall be planted for
each tree or shrub lost. The removal of existing trees in
required setbacks from public roads and buffers without
written approval from the Planning Department shall result in
two trees or shrubs being planted for each tree or shrub
removed. All existing vegetation which is to be preserved on
the site shall be shown on the required landscaping plan and
grading and erosion control plans, or when there are groups
of trees or shrubs, such groups may be outlined. Any existing
trees to be removed shall be clearly delineated on the
landscaping plan and grading and erosion control plan.
Existing tree groups that are too dense to support healthy
forest growth or setbacks that include diseased or dying
trees shall be evaluated by the planning department at the
request of the owner for trees that can be approved for
removal. Land disturbance other than for access or utilities
is allowed in setbacks along public rights-of-way, as long as
the land disturbance is no closer to existing trees than is
established by one foot of radius for a root protection zone
for each inch of trunk diameter measured at four and one half
feet above grade (dbh-diameter at breast height). However,
under no circumstances shall the root protection zone be
required to extend beyond the setback limits. All limits of
land disturbance and tree protection around and in the
setback shall be clearly documented on the landscape, grading
and erosion control plans.
(e) Maintenance: The owner or his agent shall be
responsible for the maintenance, repair and replacement of
all required landscaping materials. All plant material shall
be tended and maintained in a healthy growing condition and
free from refuse and debris at all times. All landscaped
areas shall be provided with a readily available water
supply; except that in I-2 or I-3 districts, a readily
available water supply shall only be required in the setback
along any public right-of-way, which accommodates or is
intended to accommodate through traffic. Any of the following
options may be used to eliminate part or all of the
requirement for water availability to plant materials: (1)
using plants specified as having a low water need in the
Chesterfield County Plant Materials List, (2) plants located
in stormwater management or BMP facilities, and/or (3)
03-515
06/18/03
provide a continuous maintenance, watering, and replacement
program for plant materials with a reputable landscape
maintenance company for a minimum of three years. Prior to
the end of a year after completion of landscaping, each site
shall be inspected by the planning department to verify that
existing and/or new landscaping is in a healthy growing
condition. Ail unhealthy, dying or dead plant materials or
pollarded trees shall be replaced during the next planting
season.
(f) Installation and bonding requirements:
(1)
Ail landscaping shall be installed in accordance
with professionally accepted landscaping practices
and procedures. Landscaped areas shall require
protection from vehicular encroachment by such
means as, but not limited to, wheel stops, concrete
or bituminous curbs.
(2)
When landscaping is required, no certificate of
occupancy shall be issued until the required
landscaping is completed in accordance with the
approved landscaping plan. When the occupancy of a
structure is desired prior to the completion of the
required landscaping, a temporary certificate of
occupancy may be issued only if the owner or
developer provides a form of surety satisfactory to
the director of planning in an amount equal to the
costs of completing the required landscaping.
(3)
Ail required landscaping shall be installed and
approved by the first planting season following
issuance of a temporary certificate of occupancy or
the surety described above may be forfeited to the
county. This requirement shall not preclude the
phasing of landscaping programs for larger
development projects, the timing of which shall be
approved by the director of planning.
(4)
A form of surety shall also be provided in an
amount equal to fifty percent of the installation
cost to cover replacement of landscaping identified
by the one year inspection by the planning
department of all unhealthy, dying or dead plant
materials or pollarded trees, and which shall be
replaced during the next planting season. If a
form of surety is provided for landscaping prior to
the initial site landscaping, the surety may also
state replacement landscaping is covered as noted
above. Any project that requires a landscape
materials cost of one thousand dollars ($1,000.00)
or less shall not be required to post a landscape
replacement bond.
(5)
The County may, at its discretion, establish a
program in lieu of a replacement bond to ensure
that all plants identified for replacement by the
County's one-year inspection have been replaced.
(g) Perimeter landscaping: Landscaping shall be
required at the outer boundaries of projects and in the
required yards of a lot, parcel or development, except when
driveways or other openings may be required. There shall be
03-516
06/18/03
different landscaping requirements in yards and parking
areas, as identified herein and in the particular districts,
which shall be provided as follows:
(1) Perimeter landscaping A:
so
At least one small deciduous tree for each 50
lineal feet and at least one evergreen tree
for each 50 lineal feet;
At least one medium shrub for each 20 lineal
feet; and
C ·
Low shrubs and ground cover used appropriately
in tree and/or shrub beds.
(2) Perimeter landscaping B (option I):
At least one large deciduous tree for each 50
lineal feet and at least one evergreen tree
for each 30 lineal feet;
At least one small deciduous tree for each 50
lineal feet;
C ·
At least one medium shrub for each 15 lineal
feet; and
do
Low shrubs and ground cover used appropriately
in tree and/or shrub beds.
(3) Perimeter landscaping B (option II):
Adjacent to a public road: An average three-
foot high undulating berm with 3:1 maximum
side slopes designed to provide topographical
interest yet maintain reasonable visibility
into parking areas; and installation of
Perimeter Landscape B minus small deciduous
trees. If overhead utility lines conflict
with large deciduous trees, planting areas or
islands shall be installed adjacent to the
setback with a minimum size of 300 square feet
per required tree. In this case, each tree
may also be credited towards the surface
parking lot tree requirements.
In side and rear yards between parcels zoned
O, C or I: Large maturing deciduous trees
generally spaced thirty-five feet on center
with evergreen shrub hedgerows planted the
length of adjacent parking areas that grow to
or are maintained at a 3-4 foot height
maximum.
(4) Perimeter landscaping C (option I):
so
At least one large deciduous tree for each 50
lineal feet and at least one evergreen tree
for each 30 lineal feet;
bo
At least one small deciduous tree for each 30
lineal feet;
03-517
06/18/03
(5)
(6)
(7)
C ·
At least one medium shrub for each ten lineal
feet; and
do
Low shrubs and ground cover used appropriately
in tree and/or shrub beds.
Perimeter landscaping C (option II):
ao
Adjacent to a public road: An average three-
foot high undulating berm with maximum side
slopes of 3:1 designed to provide
topographical interest yet maintain reasonable
visibility into parking areas; and
installation of Perimeter Landscape B. If
overhead utility lines conflict with large
maturing deciduous trees, planting areas or
islands shall be installed adjacent to the
setback with a minimum size of 300 square feet
per required tree. In this case, each tree may
also be credited towards the surface parking
lot tree requirements.
In buffers: A minimum four-foot-high berm with
3:1 maximum side slopes and Perimeter
Landscape B. Multiply Perimeter Landscape B
as required for buffers fifty feet or wider.
Perimeter landscaping D:
ao
At least one large deciduous tree for each 50
lineal feet and at least one evergreen tree
for each 30 lineal feet;
At least one small deciduous tree for every 50
lineal feet;
C ·
At least one medium shrub for every five
lineal feet; or continuous hedge forms for the
entire lot width or a continuous picket fence
for the entire lot width, no shorter than
three feet and no taller than four feet,
painted white or whitewashed; and
do
Low ground cover interspersed into tree and/or
shrub beds.
Perimeter landscaping E:
ao
At least one large deciduous tree for each 50
lineal feet and at least one evergreen tree
for each 30 lineal feet;
bo
At least one small deciduous tree for every 30
lineal feet;
C ·
At least one medium shrub for every five
lineal feet; or continuous hedge forms for the
entire lot width, no shorter than three feet
at planting; or a continuous decorative wood
or pvc fence, wrought-iron fence or brick wall
for the entire lot width, no shorter than
three feet and no taller than four feet; and
03-518
06/18/03
(8)
Low shrubs and ground cover interspersed into
tree and/or shrub beds.
Perimeter landscaping F:
At least one large deciduous tree for each 50
lineal feet and at least one evergreen tree
for each 30 lineal feet;
At least one small deciduous tree for every 30
lineal feet;
Continuous hedge forms for the entire lot
width, no shorter than three feet at planting;
or a continuous screening fence or wall
constructed of the same materials used in the
buildings for the entire lot width, no shorter
than five feet and no taller than six feet;
and
do
Low shrubs and ground cover interspersed into
tree and/or shrub beds.
(9) Perimeter landscaping G:
At least one large deciduous tree for each 50
lineal feet;
Continuous evergreen hedge forms that grow to
or are maintained at a 3-4 foot height maximum
planted along the entire length of parking lot
areas; and
Low shrubs and ground cover interspersed into
tree and/or shrub beds.
(10) Perimeter landscaping H:
At least one large deciduous tree for each 50
lineal feet.
(11) Perimeter landscaping I:
a. At least one and one-half
perimeter landscaping C (option I).
(1.5) times
(12) Perimeter landscaping J:
One large deciduous tree generally spaced at
35 feet on center, and
A double staggered hedgerow
medium shrubs for the full
parking areas, and
of evergreen
length of all
Low shrubs and/or groundcovers in planting
beds at entrances·
During plan review, the director of planning may
consider, at his option, other planting
alternatives to Perimeter landscaping J based upon
reduced averaged setbacks, utility conflicts,
and/or signage visibility.
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06/18/03
(h) Street trees: During the subdivision process,
required street trees shall be shown on a plan showing the
proposed tree locations, species and caliper, and submitted
to and approved by the director of planning and VDOT. The
street tree plan shall be submitted as a part of the
construction plans.
(1)
Unless otherwise required, trees at a maximum
spacing of 40 feet on center shall be located no
greater than five feet outside of the right-of-way
in an easement granted to the homeowners
association or within the right-of-way if approved
by VDOT. For single trunk trees the minimum
allowable caliper measured four feet above grade
shall be two and one half inches. Multistem trees
shall have a minimum of three canes and be a
minimum of ten feet in height. Species selected for
planting shall be suitable for growing in this
vegetative zone and shall be drought tolerant.
(2)
The subdivider or developer shall at their expense
install all required street trees identified on the
approved plans prior to recordation or surety shall
be provided in the amount approved by the director
of planning and in a form accepted by the county
attorney's office, sufficient to guarantee
installation. Any surety shall be held by the
director of planning. Installation within a
subdivision shall be completed prior to state
acceptance of the subdivision's streets.
(3)
Required street trees shall be guaranteed by the
installer for a period of not less than one year.
Replacement of dead trees is required in accordance
with section 19-518(d). Maintenance
responsibilities of the required street trees
within a subdivision shall be specified on the
final check plan and record plat to be the
responsibility of the homeowners association.
Street trees shall not be removed during or after
residences are constructed. Trees removed shall be
replaced with a like species and in a size
comparable to the original planting.
(i) Landscaping of Best Management Practices (BMP):
Any BMP required for water quantity or quality control and
that is located in public view shall be landscaped and
otherwise improved so that the facilities are visually
enhanced. These improvements shall include landscaping of
sloped edges above full water elevation, and shall include
any of the following as required by the director of planning:
fountains (wet ponds), curvilinear pond forms, varied
contouring of land forms (dry ponds), or other enhancement
method as deemed appropriate. Any fencing used shall be of an
ornamental design. At the time of site plan review, a plan
depicting these requirements shall be submitted for review
and approval. Under no circumstances ishall requirements for
landscaping interfere with any County requirements for the
basin design, access, or maintenance.
03-520
06/18/03
Sec. 19-519.
Landscaping standards for surface parking
a~eas.
(a) Quantity: Any paved parking area shall have at
least 30 square feet of interior landscaping for each space.
Each required landscaped area for large deciduous trees shall
contain a minimum of 250 square feet and have a minimum
dimension of at least 15 feet at the location of a tree. Each
required landscaped area for small deciduous trees shall
contain a minimum of 150 square feet and have a minimum
dimension of at least nine feet at the location of a tree.
Continuous planting islands for large or small deciduous
trees of at least 600 square feet in size shall have a
minimum dimension of nine feet. A maximum of ten percent of
the required area may be in smaller areas if approved through
site or schematic plan review.
(b) Materials: The primary landscaping material used in
parking areas shall be trees that provide shade or are
capable of providing shade at maturity. Except as required by
section 19-608(b), at least fifty percent of required trees
in the parking areas shall be large maturing shade trees. The
total number of trees shall not be less than one for each 200
square feet, or fraction thereof, of required interior
landscaped area. The remaining area shall be landscaped with
shrubs and other vegetative material as may be approved at
the time of site plan approval compatible with the tree
landscaping. Under no circumstances shall plantings block the
sight line of motorists at driveway intersections.
(c) Design: Landscaped areas shall be reasonably
dispersed, located so as to divide the expanse of paving. The
County encourages the use of continuous planting islands
wherever possible to minimize individual planting islands.
Continuous planting islands shall be used to define entrance
driveways, and within parking areas, walkways. No areas
within the required setbacks shall be included as part of the
required parking area or landscaping area. Landscaping in
Best Management Practice bio-retention islands located within
parking areas shall count towards required parking lot
landscaping.
Subdivision IV. Buffers and Screening
Secs. 19-520. Purpose and intent.
(a) Buffers shall be designed to provide a horizontal
distance and open space between certain uses; preserve
vegetation; provide transition and separation; reduce noise
and glare; and/or maintain privacy. Buffers shall provide
intermittent visual separation between uses.
(b) Screening shall provide a vertical barrier and shall be
designed to block visual or noise impact. When unrelated
activities are located adjacent to one another, buffers and
screening as required herein shall be used to ensure
compatibility between adjacent uses.
Seca. 19-521. General Drovisions for buffers &nd screening.
(a) In addition to the buffers required herein, the
board of supervisors; planning commission by modifications to
03-521
06/18/03
development standards and requirements only; or board of
zoning appeals may require buffers at the time of their final
decision on applications before them. Buffers shall be of
such length, width and type as will effectively and
appropriately buffer one use from another use where such uses
are deemed to be incompatible, whether such uses are within
the same districts or in different districts. Such buffers
shall not be used for any purpose other than as permitted
herein, or as permitted by the action of the board of
supervisors, planning commission or board of zoning appeals.
(b) Existing mature vegetation located within required
buffers shall be maintained unless removal is approved during
schematic, subdivision or site plan review. Further,
preserved vegetation may be substituted for required
landscaping materials if approved during schematic,
subdivision or site plan review.
(c) Buffers shall be provided on the lot or parcel
being developed with all buffers complying with the matrix
contained in section 19-523. On zoning lots with split
zoning, any A, R, R-TH, or R-MF zoned portion of the land
within the zoning lot may be used for the purpose of part or
all of the required buffer when designated as a buffer in a
perpetual easement as measured from the Zoning District line.
The perpetual buffer easement shall only be allowed if
approved during schematic, subdivision, or site plan review,
and shall be recorded as such with the County Clerk and
included with the electronic submission of plans to the
County prior to issuance of the land disturbance permit. If
a split zoned lot is created through the resubdivision of
residentially platted property, final plats shall be re-
recorded that reflect the changes to the residential lots.
(d) Except as allowed by Sec. 19-521(c), buffers shall
be required at the outer boundaries of a lot along the rear
and/or side property lines and shall be provided except where
openings may be required, as approved at the time of site
plan approval.
(e) Unless otherwise
inclusive of required yards.
specified, buffers shall be
(f) When required, screening shall provide complete
visual separation of outside storage, loading docks, overhead
doors, service areas, trash collection storage areas, vehicle
storage yards and similar uses.
(g) The only uses permitted by right in buffers shall
be landscaping and screening as permitted herein; however,
signs; security fencing; utilities which run generally
perpendicular through the buffer; pedestrian walkways; or
similar uses may be permitted through subdivision, site or
schematic plan review, provided that the uses are consistent
with the purposes stated in § 19-520 are maintained.
(h) Except for buffers required by the board of
supervisors as a condition of zoning or by the board of
zoning appeals, the requirements for buffers and screening
may be waived and/or modified by the planning commission
during schematic or site plan review and approval under any
of the following conditions:
o o o
03-522
06/18/03
Secs. 19-522. Buffer and screening requirements.
(a) Buffers: Buffers shall be provided as shown on the
buffer width matrix in section 19-523. Landscaping shall be
accomplished within required buffers as follows:
(1)
A buffer less than 50 feet shall consist of an
unbroken strip of open space and shall be planted
in accordance with perimeter landscaping C.
(2)
A 50-foot buffer shall consist of an unbroken strip
of open space and shall be planted at one and five-
tenths times the density of perimeter landscaping
C.
(3)
A 75-foot buffer shall consist of an unbroken strip
of open space and shall be planted at two times the
density of perimeter landscaping C.
(4)
A 100-foot buffer shall consist of an unbroken
strip of open space and shall be planted at two and
five-tenths times the density of perimeter
landscaping C.
For all buffers, up to fifty percent of the required
small maturing deciduous trees may be changed to evergreen
trees.
o o o
Sees. 19-523. Buffer width matrix.
The required width of buffers shall be determined from the
following matrix. The left column of the matrix represents
the zoning of the lot on which the buffer must be provided
and the top column of the matrix represents the zoning
district of property contiguous to the zoning lot. The
interior numbers in the matrix represent the width in feet of
the required buffer on the zoning lot. However, whenever the
primary use on a parcel zoned O, C or I is a single family
residential subdivision, adjacent parcels shall be required
to apply the buffer matrix below as though the property is
residentially zoned.
BUFFER WIDTH MATRIX
R-7/88
R-TH/R-MF
A* MH Districts
A* + +
R-7/88 + +
R-TH/R-MF + 50**
MH Districts + 50**
0-1 + 40
0-2 + 50
C-1 + 40
C-2 + 50
C-3 + 75
C-4 + 75
C-5 + 100
I-1 + 50
I-2 + 75
I-3 + 100
*Note: Buffers are only required adjacent to property zoned
"A" when the property is vacant and its designation on the
comprehensive plan is for residential uses.
03-523
06/18/03
**Note: Where property zoned R-7 through R-88 is adjacent to
property zoned R-TH, R-MF, or MH, a buffer shall be required
on the R-TH, R-MF, or MH property. No buffers are necessary
between any single-family residential districts unless
required by the board of supervisors, planning commission
(modification to development standards and requirements only)
or board of zoning appeals.
Sec. 19-582.
Exceptional develo~)ment standards in the
Jefferson Davis Highway Corridor.
o o o
(b) Landscaping: No interior parking lot or perimeter
landscaping shall be required except along public roads, as
required by Sec. 19-583 and 19-584. Tree preservation, in
accordance with sections 19-518(d) and 19-521(b) shall be
required, except where parking or driveways are located
within 10 feet of the ultimate right-of-way line.
o o o
Sec. 19-583. Setback requirements for O, C and I-1 Districts
within the Jefferson Davis Highway Corridor.
(a) The minimum setback for all buildings, drives and
parking areas in O, C and I-1 districts shall be as follows:
(1) Setbacks along public roads, excluding limited
access roads:
so
Buildings: The minimum setback shall be 25
feet. Perimeter landscaping H shall be
installed in all front and corner side
setbacks except when parking or driveways are
located less than 10 feet from the ultimate
right-of-way line.
bo
Drives and parking: For parking areas for
automobiles, light trucks, vans, pickup trucks
and motorcycles and for boats, trailers and
RV's less than 25 feet in length, a minimum 10
feet setback shall be maintained and planted
with Perimeter Landscape H. Alternatively, a
setback of 5 feet may be used with small
maturing trees planted generally at 35 feet on
center. This setback may be eliminated
entirely if the site is designed to provide
for tree islands spaced every 4 parking spaces
adjacent to the public right of way with a
minimum width of 7 feet and planted with small
maturing trees. The minimum setback for
parking and storage of other vehicles shall be
50 feet with driveways accessing these parking
and storage areas having a minimum setback of
10 feet with Perimeter Landscape H.
o o o
03-524
06/18/03
Sec. 19-584.
Setback requirements for I-2 and I-3 Districts
within the Jefferson Davis Highway Corridor.
(a) Jefferson Davis Highway Corridor: The minimum
setbacks for all buildings, drives and parking areas in I-2
and I-3 districts shall be as follows:
(i)
Setbacks along public
access roads:
roads, excluding limited
Buildings: The minimum setback shall be 60
feet.
Drives and parking: For parking areas for
automobiles, light trucks, vans, pickup trucks
and motorcycles and for boats, trailers and
RV's less than 25 feet in length, a 10 feet
setback shall be maintained and planted with
Perimeter Landscape H. Alternatively, a
setback of 5 feet may be used with small
maturing trees planted generally at 35 feet on
center. This setback may be eliminated
entirely if the site is designed to provide
for tree islands spaced every 4 parking spaces
adjacent to the public right of way with a
minimum width of 7 feet and planted with small
maturing trees. The minimum setback for
parking and storage of other vehicles shall be
50 feet with driveways accessing these parking
and storage areas having a minimum setback of
10 feet with Perimeter Landscape H.
o o o
Sec. 19-593.
Yard requirements for office, business a~d
industrial districts within emerging growth
areas.
(d) Setbacks along limited access roads and rear yards:
The minimum rear yard setback for buildings, drives and
parking areas and any yard adjacent to a limited access road
shall be 40 feet with the installation of perimeter
landscaping C. However, within I-2 and I-3 districts, when
adjacent to I-2 or I-3 districts, perimeter landscaping
within rear yards shall not be required. One foot shall be
added to each rear yard for each one foot that the building
height adjacent thereto exceeds 45 feet.
o o o
Sec. 19-601. Yard requirements for office, business and
industrial districts within post-develoDment areas.
Except when lesser setbacks are permitted by section 19-
582 or 19-584, the yard requirements specified in this
section shall apply to any zoning lot or parcel.
o o o
03-525
06/18/03
(3)
Front and corner side yards: The front and corner
side yard setback for buildings shall be a minimum
of 30 feet from the proposed rights-of-way other
than major arterials and limited access roads;
except that in an I-2 District, building setbacks
shall be increased to 60 feet and in an I-3
District to 90 feet. The setback for drives and
parking areas shall be a minimum of 15 feet from
existing or proposed rights-of-way. Within these
setbacks, landscaping shall be provided in
accordance with perimeter landscaping J.
o o o
Sec. 19-602. Permitted variations in yard re~uirements.
The required minimum yards for any zoning lot or parcel,
except those located in an I-2 or I-3 District or adjacent to
limited access roads, may be reduced with the provision of a
change in landscaping and/or if adjacent property is zoned
for a similar use, as follows:
(1)
Setbacks along major arterials: The required
setback for buildings, drives and parking areas
along major arterials may be reduced to 25 feet
with the installation of perimeter landscaping J.
(2)
Front and corner side yards: The required front and
corner side yard setback for buildings along public
rights-of-way other than major arterials may be
reduced to 25 feet with the installation of
perimeter landscaping J.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.E. TO AMEND THE SUBDIVISION ORDINANCE RELATIVE TO LOTS
AND PARCELS CREATED IN VIOLATION OF THE SUBDIVISION
ORDINANCE
Mr. Jacobson stated this date and time has been advertised
for a public hearing for the Board to consider amendments to
the Subdivision Ordinance relative to lots and parcels
created in violation of the Subdivision Ordinance before the
new ordinance was adopted February 28, 2001. He further
stated the Planning Commission and staff recommend approval
of the amendments.
Mr. Warren called for public comment.
Mr. George Connor, a resident of Hylton Park, stated he and
his neighbors support the proposed amendments.
Mr. Berkley Kcraget requested that the Board adopt the
proposed ordinance because it would clarify some land issues
in the Matoaca District.
There being no one else to speak to the ordinance amendments,
the public hearing was closed.
03-526
06/18/03
Mrs. Humphrey made a motion, seconded by Mr. Warren, for the
Board to adopt the ordinance relative to lots and parcels
created in violation of the Subdivision Ordinance.
Mr. McHale inquired about the possibility of reimbursing
citizens who have paid fees in the past six months to address
issues that would have been corrected by this ordinance.
Mr. Micas stated he would research the issue raised by Mr.
McHale.
Mr. Warren called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. Warren, for the Board to adopt the following
ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 17-2 RELATING TO SUBDIVISION
DEFINITIONS, SECTION 17-6 RELATING TO BUILDING PERMIT
RESTRICTIONS AND SECTION 17-12 RELATING TO RELIEF
FROM LEGAL REMEDIES FOR VIOLATIONS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 17-2, 17-6 and 17-12 of the Code of the
County of Chesterfield, 1997, as amended, are amended and re-
enacted to read as follows:
Sec. 17-2. Definitions.
The definitions contained in this section shall be
observed and applied, except when the context clearly
indicates otherwise:
o o o
Plat, validation: A plat used to correct improper
recordation or subdivision as set forth in section 17-12(c)
through 17-12(f).
o o o
Sec. 17-6. Building perm/t restrictions.
o o o
(f) Parcels and/or lots recorded prior to January 1,
1980 shall be considered buildable if they meet all standards
relative to the appropriate zoning district. If frontage and
width standards cannot be met, the parcel or lot is eligible
to apply for a variance. Lots or parcels created or modified
from April 13, 1948 to January 1, 1980 shall be considered
buildable if they are validated per provisions of sections
17-12 (c) through 17-12(f).
(g) Parcels recorded between January 1, 1980 and August
24, 1988, shall be considered buildable if:
(1)
The parent parcel was only split once into two
parcels, each meeting all zoning standards, or
03-527
06/18/03
(2)
The parent parcel was split for immediate family
members. If all zoning standards cannot be met, the
parcel or lot is eligible to apply for a variance,
or
(3)
The parent parcel was split several times into
"exemption lots" whereby each lot has a minimum of
30,000 square feet and a minimum of 125 feet of
frontage, provided that 75 feet from the center
line of the street the parcel width measures a
minimum of 150 feet. The last parcel remaining may
meet the minimum standards relative to that zoning
district, or
(4)
Lots or parcels are validated per provisions of
sections 17-12 (c) through 17-12(f).
(h) Parcels recorded between August 25, 1988 and June
22, 1993, shall be considered buildable if the utilities and
health departments confirm that the parcel complies with the
utility connection requirements or the increased bulk
standards related to the usage of well and septic, and:
(1)
The parent parcel was only split into parcels
containing a minimum of five acres and a minimum of
200 feet of frontage and a minimum of 150 feet of
width at the required minimum building setback or
building location, or
(2)
The parent parcel was split for immediate family
members. If all zoning standards cannot be met, the
parcel is eligible to apply for a variance, or
(3)
Lots or parcels are validated per provisions of
sections 17-12 (c) through 17-12(f).
(i) Parcels recorded between June 23, 1993 and June 30,
1999, shall be considered buildable if the utilities and
health departments confirm that the parcel complies with the
utility connection requirements or the increased bulk
standards related to the usage of well and septic, and:
(i)
The parent parcel was only split into parcels
containing a minimum of five acres and a minimum of
300 feet of frontage or 250 feet of frontage if
there is a shared common access and a minimum of
150 feet of width at the required minimum building
setback or building location, or
(2)
The parent parcel was split for immediate family
members. If all zoning standards cannot be met, the
parcel or lot is eligible to apply for a variance,
or
(3)
Lots or parcels are validated per provisions of
sections 17-12 (c) through 17-12(f).
(j) Parcels recorded between July 1, 1999 and February
28, 2001, shall be considered buildable if the utilities and
health departments confirm that the parcel complies with the
utility connection requirements or the increased bulk
standards related to the usage of well and septic, and:
03-528
06/18/03
(i)
(2)
The parent parcel was only split into parcels
containing a minimum of five acres and a minimum of
300 feet of frontage or 250 feet of frontage if an
access shared by no more than two lots or parcels
is used, for a depth of 1,000 feet or that
necessary to create a five acre parcel. Access to
the lots or parcels shall be from the location of
the frontage, or
The parent parcel was split for immediate family
members. If all zoning standards cannot be met, the
parcel or lot is eligible to apply for a variance,
or
(3)
Lots or parcels are validated per provisions of
sections 17-12 (c) and 17-12(f).
o o o
Sec. 17-12. Legal remedies for violations.
o o o
(c) Plats recorded prior to February 28, 2001 that
created or modified parcels or lots in violation of the
Subdivision Ordinance in effect at the time of recordation
are hereby deemed to be in compliance with the requirements
of the subdivision ordinance.
(d) Prior to the issuance of a building permit on a lot
or parcel identified in section 17-12 (c), the owner must
comply with the following:
(1)
The property owner shall submit an application for
preparation of a validation plat, provide the
county with a copy of the previously recorded plat
of the subject property and participate in the
recordation of a validation plat. If there is no
existing plat, the owner shall have a plat prepared
to present to the county depicting the overall
boundary of the parcel or lot and any improvements
thereon. The property owner shall be responsible
for applicable recordation fees.
(2)
The lot or parcel must contain no new property
divisions done after February 28, 2001, and
(i)
must meet all area and dimensional and
requirements such as, but not limited to lot
area, lot width, lot coverage, setbacks,
building height and frontage for the
applicable zoning district at the time it was
created, or
(ii) the property owner secures relief through the
variance or the zoning process as applicable.
(e) The planning department shall prepare a validation
plat that includes the following matters:
(1)
The plat sheet(s) shall be 16 inches by 24 inches
or in another form accepted by the clerk of the
circuit court.
03-529
06/18/03
(2) Complete names of all owners of the property.
(3) Property county tax identification number(s).
(4)
A scanned image of any available signed and sealed
plat previously prepared by a certified
professional engineer as applicable or land
surveyor.
(5) A notarized subdivision certificate stating:
"The recordation of this plat depicting property
hereto described below is with the free consent and
in accordance with the desire of the undersigned
owner(s). This plat may have been prepared without
a full title search and may not depict all existing
easements and encumbrances."
(Insert deed or plat book and page reference)
(6)
The following information shall be noted on the
plat:
(i)
zoning classification(s), and applicable
variance and or zoning case number(s)
(ii) type of wastewater and water service
(iii) total subdivision acreage
(iv) depiction of the lot or parcel from current
county maps
(7)
One of the following notes as applicable indicating
the purpose and action taken by the recordation of
the plat:
(±)
This plat depicts a (lot/parcel) that was
created in violation of the provisions of the
subdivision ordinance in place at the time of
recordation, or
(ii) This plat depicts a lot that was modified in
violation of the provisions of the subdivision
ordinance in place at the time of recordation.
(8) The following note shall be shown on the plat:
Advisory certificate ~The mapping information is
not intended to represent all topographic and
environmental features on the lot or parcel which
could limit or preclude buildability. Additional
engineering research on such items as, but not
limited to: soil type, wetlands, floodplains,
adequate culverts for driveways crossings of
streams or floodplains, etc. may be required based
upon individual parcel requirements at time of
building permit review.~
(f) The following procedure shall be followed for
preparation and recordation of the validation plats:
03-530
06/18/03
(i)
The property owner shall submit a copy of the
mortgage or survey plat for the property depicting
the limits of the property and any improvements
thereon to the director of planning.
(2)
Within five working days after submittal, an
authorized staff member of the planning department
shall scan the plat and prepare the validation plat
as noted in section 17-12(e) and advise the
property owner that the plat is ready for their
signature which shall serve as authorization to
record the plat. If the clerk of the circuit court
authorizes the use of electronic signatures, the
applicant may submit the signature when the plat is
provided to the planning department.
(3)
After the property owner signs the plat, the
director of planning shall sign the plat and have
it recorded in the clerk's office of the circuit
court of the county.
(4)
One copy of the plat will be forwarded to GIS and
one copy will be returned to the property owner.
(5)
After recordation, any building permit approvals
being withheld by the planning department solely
based upon platting issues shall be released and
GIS shall remove any intervening prior property
lines from county maps and assign a single property
identification number.
(2) That this ordinance
immediately upon adoption.
shall become effective
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.G. TO CONSIDER A REQUEST TO QUITCLAIM A 0.837-ACRE PARCEL
OF LAND TO C,C REAL ESTATE CORPORATION AND A 0.048-ACRE
PARCEL OF LAND TO BON SECOURS-RICHMOND HEALTH SYSTEM
FOR THE RELOCATION OF A PORTION OF CENTER POINTE
PARKWAY
Mr. Stith stated this date and time has been advertised for a
public hearing for the Board to consider a request to
quitclaim a 0.837-acre parcel of land to GC Real Estate
Corporation and a 0.048-acre parcel of land to Bon Secours-
Richmond Health System for the relocation of a portion of
Center Pointe Parkway.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute quitclaim deeds conveying a
0.837-acre parcel of land to GC Real Estate Corporation and a
0.048-acre parcel of land to Bon Secours-Richmond Health
System for the relocation of a portion of Center Pointe
Parkway. (It is noted a copy of the plat is filed with the
papers of this Board.)
03-531
06/18/03
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
03SN0119
In Bermuda Magisterial District, JOHN G. "CHIP" DICKS
requests rezoning and amendment of zoning district map from
Agricultural (A), Residential (R-7) and Corporate Office (0-
2) to Multifamily Residential (R-MF). Residential use of up
to ten (10) units per acre is permitted in a Multifamily
Residential (R-MF) District. The Comprehensive Plan suggests
the property is appropriate for mixed use: corporate office,
multifamily residential of seven (7) to ten (10) units per
acre and single family residential use of 1.01 to 2.5 units
per acre. This request lies on 27.6 acres fronting
approximately 265 feet on the north line of West Hundred Road
approximately 200 feet west of Womack Road, also fronting
approximately 585 feet on the west line of Womack Road
approximately 380 feet north of West Hundred Road. Tax IDs
785-653-5567, 7929, 9019 and 9629; 785-654-Part of 5817 and
7621; 786-653-0382; and 786-654-0329 (Sheet 26).
Ms. Beverly Rogers presented a summary of Case 03SN0119 and
stated staff recommended approval subject to the applicant
reducing the total number of units from 216 to 211, as
suggested in the Chester Village Plan. She further stated
the Planning Commission recorf~Lended approval and acceptance
of the proffered conditions indicating they felt the proposal
complied with the intent of the Plan and the applicant had
offered proffered conditions which assured quality
development. She stated the applicant submitted an amendment
to Proffered Condition 4 today at the request of a property
owner to address concerns relative to closing of a crossover,
and the Board would be required to suspend its rules to
consider the amended proffered condition.
When asked, Ms. Rogers stated the Planning Commission will be
involved in the site plan approval.
Mr. John G. ~Chip" Dicks stated both the Planning Commission
and the Chester Community Association support the proposed
development of 216 units. He further stated the revised
proffered condition addresses the concerns raised relative to
closing of the crossover, and requested that the Board
approve the request.
When asked, Mr. Dicks stated the proposed development
represents a high quality product that will have at least 32
units dedicated to senior citizens in a separate area. He
further stated that, because the developer became a part of
the community from the beginning, all of the issues normally
seen with multi-family developments were able to be resolved.
Mr. Warren called for public comment.
No one came forward to speak to the request.
After brief discussion, on motion of Mr. McHale, seconded by
Mr. Warren, the Board suspended its rules at this time to
03-532
06/18/03
allow for amended Proffered Condition 4.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
On motion of Mr. McHale, seconded by Mr. Miller, the Board
approved Case 03SN0119 and accepted the following proffered
conditions:
Prior to any final site plan approval, one hundred (100)
feet of right-of-way on the north side of Route 10,
measured from the centerline of that part of Route l0
immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
No direct access shall be provided from the Property to
Route 10. This condition shall not preclude the
provision of an emergency access from the Property to
Route 10. (T)
Direct access from the Property to the north/south major
arterial (~Womack Road Extended") shall be limited to
one (1) entrance/exit. The exact location of this
access shall be approved by the Transportation
Department. (T)
To provide an adequate roadway system, the
owner/developer shall be responsible for the following:
Construction of an additional lane of pavement
along the westbound lanes of Route 10 for the
entire Property frontage.
Reconstruction/construction of two (2) lanes of
Womack Road Extended to a twenty-four (24) foot
wide pavement section with eight (8) foot wide
shoulders, with modifications approved by the
Transportation Department, from Route 10 to the
approved access.
Construction of the Womack Road Extended
intersection with Route 10 as a three lane section
consisting of a northbound lane and two southbound
lanes. The exact length of this improvement shall
be approved by the Transportation Department.
do
Construction of adequate left turn lanes, as
determined by the Transportation Department, at the
existing crossovers on Route 10 located just east
and west of the Womack Road Extended intersection.
If approved by the Planning Commission, alternative
road improvements may be substituted for the
improvements identified in this part of the
Proffered Condition.
Construction of additional pavement along Route 10
at the Womack Road Extended intersection to provide
a right turn lane.
Construction of a sidewalk along the north side of
Route 10 from the Womack Road Extended
intersection, west to the western property line of
the Property.
03-533
06/18/03
o
o
o
o
Construction of additional pavement along Womack
Road Extended at the approved access to provide
left and right turn lanes, if warranted, based on
Transportation Department standards.
ho
Replacement of any of the existing trees in the
median of Route 10 that are removed by the
construction of the road improvements, as described
in Proffered Condition 4.d. Two (2) replacement
trees shall be installed for every existing tree
that is removed. Unless otherwise approved by the
Transportation Department, replacement trees (1)
shall be installed in the Route 10 median, east
and/or west of the Womack Road Extended
intersection; (2) shall have a minimum of three (3)
inch caliper; and (3) shall be from the list of
approved plantings by the Virginia Department of
Transportation ("VDOT"). The exact species, size
and location shall be approved by the
Transportation Department.
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. In the event the Developer is unable to
acquire the right-of-way necessary for the road
improvements identified in Proffered Condition 4.e,
4.f and 4.g, the Developer may request, in writing,
the County to acquire such right-of-way as public
road improvements. All costs associated with the
acquisition of the right-of-way shall be borne by
the developer. In the event the County chooses not
to assist the developer in acquisition of the ~off-
site" right-of-way, the Developer shall be relieved
of the obligation to acquire the ~off-site" right-
of-way, and only provide the road improvements that
can be accommodated within the available right-of-
way, as determined by the Transportation
Department.
Prior to any site plan approval, a phasing plan for the
required road improvements, as identified in Proffered
Condition 4, shall be submitted to and approved by the
Transportation Department. (T)
Pedestrian access shall be provided from the Property to
the Chester Linear Park. The exact location this access
shall be approved by the Parks and Recreation
Department. (P&R)
The public water and wastewater systems shall be used.
(u)
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 installed. (EE)
Prior to any site plan approval, an access easement,
acceptable to the Planning and Transportation
03-53~
06/18/03
10.
11.
12.
Departments, shall be recorded from Womack Road
Extended, across the Property, to adjacent properties to
the north. (P & T)
The total number of dwelling units on the Property shall
not exceed 216. (P)
Except as otherwise prohibited by the Virginia Fair
Housing Law, the Federal Fair Housing Law, and
applicable federal, state, or local legal requirements,
at least thirty-two (32) dwelling units shall be
restricted to ~housing for older persons: as defined in
the Virginia Fair Housing Law and shall have no persons
under 19 years of age domiciled there (~Senior
Housing"). Senior housing shall be clustered in an area
on the northern part of the Property and each unit shall
be noted as such on the site plan. (P)
Each dwelling unit shall have washer and dryer hook-ups.
(P and BI)
13. The architectural style of the buildings shall
incorporate the craftsman features as generally depicted
on the renderings (the ~Renderings") prepared by Cline
Design Associates, P.A. (P)
14. Recreational facilities shall include at a minimum a
clubhouse, fitness room, a swimming pool and a
playground. (P)
15.
16.
Stormwater shall be retained on-site based on the post
development 10-year storm rates and released at a rate
no greater than the pre-development 2-year storm rates.
(EE)
The applicant, subdivider, or assignee(s) shall pay the
following to the County of Chesterfield for
infrastructure improvements within the service district
for the Property for the dwelling units on the parcels
of the subject request as provided herein. Payment
shall be made prior to the issuance of building permit.
For "Elderly Housing",
a o
$4,815 per dwelling unit, if paid prior to January
1, 2004. At the time of payment, the $4,815 will
be allocated pro-rata among the facility costs as
follows: $598 for parks, $324 for libraries, $346
for fire stations, and $3,547 for roads; or
bo
The amount approved by the Board of Supervisors not
to exceed $4,815 per dwelling unit, allocated pro-
rata as set forth above, adjusted upward by any
increase in the Marshall and Swift Building Cost
Index between July 1, 2002, and July 1 of the
fiscal year in which the payment is made if paid
after December 31, 2003.
For "Non-elderly Housing",
For each ~Non-elderly Housing" dwelling unit in excess
of 41 exempted units, excluding any elderly housing
units, on Tax Parcel ID Numbers (i) 7856547621; (ii)
7856545817 (part); (iii) 7866530382, and (iv)
03-535
06/18/03
7866540329, and for all "Non-elderly Housing" dwelling
units on the remaining parcels:
so
$9,000 per dwelling unit, as defined above, if paid
prior to January 1, 2004; or
The amount approved by the Board of Supervisors not
to exceed $9,000 per dwelling unit, as defined
above, adjusted upward by any increase in the
Marshall and Swift Building Cost Index between July
1, 2002, and July 1 of the fiscal year in which the
payment is made if paid after December 31, 2003.
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)
17.
Provided right of way is available, trees shall be
installed along the north side of Route 10 from the
Womack Road Extended intersection to the western
property line. These trees shall comply with Section 19-
518(h) (i) of the Zoning Ordinance relative to spacing,
caliper and species. A plan depicting this requirement
shall be submitted for review and approval by the
Planning Department in conjunction with site plan
review. (P)
18.
Site plans shall be submitted to the Planning Commission
for review and approval. (P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0159
In Matoaca Magisterial District, VERIZON WIRELESS requests
Conditional Use Planned Development and amendment of zoning
district map to permit a communications tower with height and
setback exceptions in an Agricultural (A) District. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for residential use on
1-5 acre lots. This request lies on 3.7 acres fronting
approximately 375 feet on the north line of Trents Bridge
Road, also fronting approximately 375 feet on the west line
of River Road and is located in the northwest quadrant of the
intersection of these roads. Tax ID 754-624-6621 (Sheet
40).
Mr. Jacobson presented a summary of Case 03SN0159 and stated
staff recommends denial because the request does not comply
with the Public Facilities Plan or the county's tower siting
policy. He further stated the Planning Commission recommends
approval subject to one condition and acceptance of the
proffered conditions, indicating there is a need for enhanced
service in the rural area and the proposed antannae represent
a minimal impact on the surrounding residential areas since
the tower has existed for such a long time.
Mr. John Easter, representing the applicant, stated the
Planning Commission's recommendation is acceptable and
requested the Board's support.
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06/18/03
Mr. Warren called for public comment.
No one came forward to speak to the request.
Mrs. Humphrey requested that the applicant reposition the
lights on the tower to address neighborhood concerns.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
approved Case 03SN0159 subject to the following condition:
the
In conjunction with the granting of this request,
following exceptions shall be granted:
ao
An eleven (11) foot exception to the 100 foot front
yard setback requirement; and
A seventy-five (75) foot exception to the 150 foot
height limitation in an Agricultural (A) District.
(p)
And, further,
conditions:
the Board accepted the following proffered
The property owner/applicant in this rezoning case, pursuant
to Section 15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County, for
itself and its successors or assigns, proffer that the
property under consideration will be developed according to
the following proffers if, and only if, the rezoning request
submitted herewith is granted with only those conditions
agreed to by the owner/applicant. In the event this request
is denied or approved with conditions not agreed to by the
owner/applicant, the proffers shall immediately be null and
void and of no further force or effect.
The tower and equipment shall be designed and installed
so as not to interfere with the Chesterfield County
Communications System. Prior to attaching its antennas
onto the existing tower, the owner/developer shall
submit information as deemed necessary by the
Chesterfield County Communications and Electronics staff
to determine if an engineering study should be performed
to analyze the possibility of radio frequency
interference with the County system, based upon tower
location and height, and upon the frequencies and
effective radiated power generated by tower-mounted
equipment. Prior to release of an electrical permit,
the study if required, shall be submitted to and
approved by, the Chesterfield County Communications and
Electronics staff. (GS)
The developer shall be responsible for correcting any
frequency problems which affect the Chesterfield County
Communications System caused by this use. Such
corrections shall be made immediately upon notification
by the Chesterfield County Communications and
Electronics staff. (GS)
At such time that the tower ceases to be used for
communications purposes for a period exceeding twelve
(12) consecutive months, the owner/developer shall
dismantle and remove the tower and all associated
03-537
06/~8/03
equipment from the property. (p)
There shall be no signs permitted to identify this use.
(p)
The base of the tower shall be enclosed by a minimum six
(6) foot high fence designed to preclude trespassing.
The fence shall be placed so as to provide sufficient
room between the fence and the property line to
accommodate evergreen plantings having an initial height
and spacing to provide screening of the base of the
tower and permanent accessory ground mounted equipment
or structures from adjacent properties as provided in
Condition 7 below. Prior to attaching its antennas on
the existing tower, the owner/developer shall submit a
detailed plan depicting this requirement to the Planning
Department for approval. (P)
o
Any building or mechanical equipment shall comply with
Sections 19-595 and 19-570 (b) and (c) of the Zoning
Ordinance relative to architectural treatment of
building exteriors and screening of mechanical
equipment; provided, however, that nothing contained
herein shall require the screening of the tower or
tower-mounted equipment. (P)
o
Supplemental landscaping between the permanent shelter
and the southern and eastern property boundaries of the
property shall be provided as shown on Sheet L-1 of the
conceptual plan entitled "Lake Chesdin Co-Locate
Existing 215' Self-Support Tower, 10501 River Road,
Matoaca, VA, Chesterfield County", prepared by Clark
Nexsen dated September 13, 2002 and filed with this
request. (P)
Lighting during daylight hours shall be limited to
medium intensity strobe lights with upward reflection
and lighting during night-time hours shall be limited to
soft blinking lights with upward reflection. (P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
18. ADJOURNMENT
On motion of Mr. Barber, seconded by Mr. McHale, the Board
adjourned at 8:37 p.m. until July 23, 2003 at 3:00 p.m.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
L~n/e B. ~amsey ~
County Administro~or
~rt'h~r S. ~arr~n
Chairman
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06/18/03