07-23-2003 MinutesBOARD OF SUPERVISORS
MINUTES
July 23, 2003
Supervisors in Attendances
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
School Board Member
in Attendances
Mrs. Elizabeth Davis, Chairman
Staff in Attendances
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Exec. Dir., Community
Services Board
Mr. Craig Bryant, Dir.,
Utilities
Dr. Billy Cannaday, Jr.,
Supt., School Board
Mr. Allan Carmody, Budget
Manager
Ms. Jana Carter, Dir.,
Youth Services
Ms. Marilyn Cole, Asst.
County Administrator
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. James Dunn, Dir.,
Economic Development
Mr. Robert Eanes, Asst.
to the Co. Administrator
Ms. Lisa Elko, CMC
Clerk
Chief Stephen A. Elswick,
Fire Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr. John W. Harmon,
Right-of-Way Manager
Mr. Russell Harris, Mgr.
of Community Development
Services
Mr. Joseph Horbal,
Commissioner of Revenue
Mr. Thomas E. Jacobson,
Dir., Planning
Mr. H. Edward James,
Dir., Purchasing
Ms. Mary Lou Lyle, Dir.,
Accounting
Ms. Mary Martin, Asst.
Dir., Human Resource Mgt.
Mr. R. John McCracken,
Dir., Transportation
Mr. Steven L. Micas,
County Attorney
Mr. Glen Peterson, Dir.,
Community Diversion
Incentive Program
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Mr. Francis Pitaro, Dir.,
General Services
Ms. Chris Ruth, Asst.
Dir., Public Affairs
Capt. Frank Spence,
Sheriff's Office
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
Mr. M. D. Stith, Jr.,
Deputy Co. Admin.,
Community Development
Mr. Thomas Taylor, Dir.,
Block Grant Office
Mr. Warren called the regularly scheduled meeting to order at
3:13 p.m.
1. APPROVAL OF MINUTES FOR JUNE 18, 2003
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
approved the minutes of June 18, 2003, as submitted.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey stated that in 1984, the county entered into a
Moral Obligation Agreement with Richmond, Henrico and the
Richmond Metropolitan Authority (RMA) to rebuild The Diamond
baseball complex. He further stated the state-of-the-art
facility built in 1984 is now considered antiquated. He then
introduced Mr. Mike Berry, General Manager of Richmond
Metropolitan Authority, to brief the Board relative to The
Diamond renovation project.
Mr. Berry stated the Board is being requested to amend its
existing resolution authorizing a moral obligation agreement
to allow PuMA to borrow $18.5 million to renovate The Diamond
facility. He further stated the renovation will bring the
facility up to professional baseball standards and
requirements of the Americans With Disabilities Act, as well
as provide a ~facelift." He stated the Braves have
contributed over $3 million back to the community over the
past several years, supporting many schools, churches and
civic groups in the county. He introduced Mr. Jim Kennedy to
provide details of the proposed renovation project.
Mr. Warren recognized Mr. Dick White, the county's
representative on the RMA Board of Directors, who was present
at the meeting.
Mr. Kennedy briefly described the process used to determine
the proposed renovations and provided a summary of the
renovations, including a new lowered playing field; improved
site utilities; renovated service level amenities; new
elevator for all levels; new sound system for all levels; re-
lamping existing field lights; and expanded administrative
offices. He reviewed amenities that would be provided
through the renovations, including ten new rows of seats
below the existing box seats; a horizontal aisle between the
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new ten rows and the existing box seats; a main concourse
connection with an outfield berm concourse; a new, shaded/
trellised area for picnics, etcetera; new play area in the
left field corner; new and renovated restrooms and concession
stands; a new novelty sales area; fan assistance first aid/
security areas; new outfield berm seating area; new
entrance/theme area in right center field; new concession
areas; a renovated press box; new wall behind the last row of
seats; and additional aisles.
Mr. Berry stated the same moral obligation support is being
requested from all three jurisdictions. He further stated a
new contract with the Braves has to be in place before going
forward with the project, indicating that the Braves will
want some assurance that the project will be funded before
signing a new contract. He noted that the majority of the
construction will be scheduled between the 2004-2005 seasons.
When asked, Mr. Berry stated RMA will make a presentation on
Monday afternoon to City Council, and because the city
requires two readings of an ordinance, they cannot make a
decision until the first meeting in September unless they
hold a special meeting in August. He further stated the City
Manager is considering other sites downtown for the
possibility of a new facility.
Mr. Miller expressed concerns relative to the county being
asked to provide moral support for The Diamond if the City
Manager is considering other sites.
Mr. Berry stated he feels the City Manager supports the
project and wants the Braves to stay in the Richmond
Metropolitan area, but is interested in exploring the
possibility of a new site downtown.
Discussion ensued relative to future budgeting
county's share of the moral obligation agreement.
for the
When asked, Mr. Berry stated that unless the Braves execute a
reasonable and satisfactory contract, the entire project
would collapse.
Mr. Miller expressed concerns that if the Braves pull out,
the county would be left with this moral obligation.
Mr. Berry stated two contracts have previously been
negotiated with the Braves, indicating that their track
record suggests they will continue to stay. He further
stated that RMA has indicated to the Braves if they would
agree to stay ten more years, then the localities would agree
to provide approximately $18.5 million in renovations to The
Diamond between the 2004 and 2005 seasons. He noted that RMA
also indicated to the Braves that some of the renovations
might have to be completed between the 2005 and 2006 seasons.
Discussion ensued relative to the timeline necessary for
having renovations done between the 2004 and 2005 seasons.
Mrs. Humphrey stated she feels the Braves should sign a 20-
year contract since the localities are being asked to morally
support 20 years of debt. She further stated she has many
more questions that need to be addressed and suggested that
the Board consider deferring consideration the resolution
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07/23/03
amending the moral
Consent Agenda.
obligation
agreement on
the Board's
Mr. Barber stated he will support a 30-day deferral. He
further stated the Braves cannot continue to wait for the
City Manager to come forward with a proposed alternate
location, and if a new facility is going to be built, he
would like it to be in Chesterfield County.
Mr. Warren expressed appreciation to Mr.
informative presentation.
Berry for the
Mr. Berry stated he will be glad to meet with Board members
to answer additional questions.
When asked, Mr. Ramsey stated the Capital Improvement Program
adopted by the Board for FY2004 anticipated $500,000 annually
beginning in 2006 for The Diamond.
3. BOARD CO~ITTEE REPORTS
There were no Board committee reports at this time.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE
ORDER OF PRESENTATION
After brief discussion, on motion of Mr. McHale, seconded by
Mr. Warren, the Board replaced Item 8.C.l.d., Adoption of
Resolution Recognizing August 1-7, 2003, as ~International
Clown Week"; deleted Item 8.C.l.g., Adoption of Resolution
Amending the Moral Obligation Agreement Between Chesterfield,
Henrico, Richmond and the Richmond Metropolitan Authority to
Renovate and Upgrade The Diamond; replaced Item 8.C.17.,
Authorization to Exercise Eminent Domain for the Acquisition
of Easements for the River Road Waterline; added Item
8.C.24., Request to Aid the Crowder Trust in the Acquisition
of Offsite Sewer and Temporary Construction Easements;
replaced Item 16.B., Public Hearing to Consider Ordinance
Amendments to Expand Background Checks to All New Employees
and Employees Who are Promoted or Transferred; and adopted
the Agenda, as amended.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
5. RESOLUTIONS AND SPECIAL RECO~NITIONS
5.A. RECOGNIZING CAPTAIN WILLIE E. RICE, JR., CHESTERFIELD
FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON
HIS RETIREMENT
Chief Elswick introduced Mr. Willie Rice who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Captain Willie E. Rice, Jr. will retire from
the Chesterfield Fire and Emergency Medical Services
Department, Chesterfield County, on July 1, 2003; and
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WHEREAS, Captain Rice graduated from Recruit School #7
in 1977 and has faithfully served the county for 29 years in
various assignments including as a Firefighter at the
Manchester and Midlothian stations; as a Sergeant at the Bon
Air, Buford, Manchester, and Wagstaff stations; as a
Lieutenant at the Midlothian station; and as a Captain at the
Buford and Dutch Gap stations and the Training and Safety
Division; and
WHEREAS, Captain Rice has been an active Fire Instructor
for many years, a member of the International Society of Fire
Service Instructors, a presenter at the National Fire
Department Instructor Conference, and has served as the
coordinator and lead instructor for Recruit Classes #27 and
#28; and
WHEREAS, Captain Rice helped to design Chesterfield Fire
and EMS's Technical Rescue Training program; assisted in the
development of its Technical Rescue Team and served as its
Operations Officer; helped to develop the Central Virginia
Technical Rescue Task Force and the Central Virginia
Technical Rescue Team; served as a member of the FEMA
Virginia Task Force 2 Urban Search and Rescue Team; and has
provided expert testimony to the Virginia Legislature
regarding the need for search and rescue-related equipment;
and
WHEREAS, Captain Rice has performed both in the role of
Acting Battalion Chief whenever requested to do so during his
assignment to "B" shift; and
WHEREAS, Captain Rice was recognized for a life save
award issued January 21, 1982, and in 1991 with an Emergency
Medical Services Award, nominated by the Fire Department for
his actions resulting in saving lives; and
WHEREAS, Captain Rice is recognized as an effective team
member at emergency scenes including several rescue-related
calls, and was a critical part of the successful rescue of a
Chesterfield Police Officer whose vehicle was struck while
conducting a traffic stop, as well as numerous other
technically challenging rescues.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of July 2003,
publicly recognizes the contributions of Captain Willie E.
Rice, Jr., expresses the appreciation of all residents for
his service to the county, and extends appreciation for his
dedicated service and congratulations upon his retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Captain Rice 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 Mr. Rice,
accompanied by members of his family and Chief Elswick,
expressed appreciation for his dedicated service and wished
him well in his retirement.
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07/23/03
Mr. Ramsey presented Mr. Rice with a Jefferson Cup and
offered best wishes for a long and happy retirement.
Chief Elswick presented Mr. Rice with a shadowbox containing
his badges.
5.B. RECOGNIZING AUGUST 3, 2003, AS "NATIONAL KIDSDAY" IN
CHESTERFIELD COUNTY
Ms. Ruth introduced Ms. Mary McRoberts, Executive Director of
the Boys and Girls Clubs of Chesterfield County and several
club members who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the children of Chesterfield County are the
foundation upon which our future successes will be built; and
WHEREAS, children need parents, mentors and friends to
aid them in reaching important goals; and
WHEREAS, families and communities play vital roles in
helping children to develop a positive self-image, a sense of
belonging and a sense of competence; and
WHEREAS, ~National KidsDay" is a special day set aside
each year on the first Sunday of August to encourage and
remind adults that the meaningful time they share with
children is important to these young peoples' development;
and
WHEREAS, the National KidsDay Alliance, comprised of
Boys and Girls Clubs of America, the Boys and Girls Clubs of
Chesterfield County and KidsPeace-The National Center for
Kids Overcoming Crisis, together reach millions of youths via
their services and community involvement; and
WHEREAS, The Boys and Girls Clubs of Chesterfield County
will host the third annual ~National KidsDay" for the
Metropolitan Richmond region; and
WHEREAS, ~National KidsDay" emphasizes the importance of
meaningful time spent with kids on this day and every day;
and
WHEREAS, the National KidsDay Alliance is working to
establish National KidsDay on the national calendar; and
WHEREAS, it is important for all Chesterfield County
residents to support such positive programs for our young
people.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
Board of Supervisors, this 23rd day July 2003, publicly
recognizes August 3, 2003 as "National KidsDay" in
Chesterfield County, and encourages all Chesterfield County
residents to join in recognizing and commending the National
KidsDay Alliance organizations for their efforts to improve
the lives of children and young adults in our communities.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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Mr. Warren presented the executed resolution to Ms.
McRoberts, accompanied by members of the Boys and Girls Club
Advisory Board and Boys and Girls Club members, and commended
her on the efforts of the Boys and Girls Clubs in improving
the lives of our youth.
Ms. McRoberts invited the public to attend the ~National
KidsDay" celebration on August 3, 2003 at The Boulders.
5.C. RECOGNIZING MRS. PAULINE Y. JONES, CHESTERFIELD
EMPLOYEES FEDERAL CREDIT UNION, UPON HER RETIREMENT
Mr. Kirk Turner, President of the Chesterfield Employees
Federal Credit Union Board of Directors, introduced Mrs.
Pauline Jones who was present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mrs. Pauline Y. Jones began her career with the
Chesterfield Employees Federal Credit Union in November 1976
as an account clerk; and
WHEREAS, Mrs. Jones was soon promoted to serve in
delinquency control and later to the position of loan
officer; and
WHEREAS, earning the position of loan supervisor, Mrs.
Jones has assisted thousands of members with their financial
needs; and
WHEREAS, most recently, Mrs. Jones has assisted with
marketing the Credit Union to new employees; and
WHEREAS, Mrs. Jones has also assisted in area schools,
giving presentations related to money management to our young
people; and
WHEREAS, in every position, Mrs. Jones has served with a
passion for helping members, and her friendly and
compassionate spirit has been an example for others to
follow; and
WHEREAS, Mrs. Jones will retire from the Credit Union on
August 1, 2003; and
WHEREAS, Mrs. Jones will be tremendously missed for the
quality and caliber of her commitment to the success of the
Chesterfield Employees Federal Credit Union and its
membership.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of July 2003,
publicly recognizes the contributions of Mrs. Pauline Y.
Jones, and extends its appreciation for her dedicated service
to the Chesterfield Employees Federal Credit Union,
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. Jones, 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.
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Mr. Warren presented the executed resolution to Mrs. Jones,
accompanied by members of her family, Mr. Ramsey and Mr.
Turner, and expressed appreciation for her dedicated service
to the members of the Chesterfield Employees Federal Credit
Union.
Mr. Ramsey offered Mrs. Jones best wishes for a long and
happy retirement.
Mrs. Jones stated it has been a pleasure to work with the
members of the Credit Union over the years.
RECOGNIZING MR. JOHN A. GIBNEY, JR. FOR HIS
CONTRIBUTIONS TO THE COMMITTEE ON THE FUTURE
Mrs. Mary Kruse introduced Mr. John Gibney who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Chesterfield County Committee on the Future
was established in 1987 by the Board of Supervisors and the
County Charter for the purpose of assessing the future and
long range challenges which the county will face, advising
the Board of Supervisors, and making recommendations to
lessen any adverse effect on the county of future changes;
and
WHEREAS, Mr. John A. Gibney, Jr. was appointed as a
member of the committee in 1996 and has served the citizens
of the Midlothian District with distinction; and
WHEREAS, Mr. Gibney served as Chairman of the committee
from January 2000 through January 2003; and
WHEREAS, the committee prepared the county's "Economic
Development" strategic plan which made specific
recommendations in the areas of strengthening the county's
workforce, planning for growth and development, and preparing
for the residents' needs and their impact on economic
development; and
WHEREAS, the committee created the "Neighborhood
Preservation" report which developed strategies to strengthen
county communities by offering recommendations related to
community organizations, neighborhood schools, community
safety, crime prevention, and the maintenance,
rehabilitation, and design of public and private facilities;
and
WHEREAS, the committee prepared the "Youth Development"
report which created recommendations to maximize the
opportunity for Chesterfield County youth to become engaged
contributors within their communities through community,
church, and private organizations, volunteerism, and school
involvement; and
WHEREAS, the committee prepared the ~Aging of the
Population" report in 2002 which recognized the opportunities
created by the growing population of senior citizens,
acknowledged the collective community obligation to meet
seniors' needs, and offered suggestions that address the
needs and opportunities of senior citizens in the areas of
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health, information services, mobility, education, social and
leisure time, finances and housing.
WHEREAS, Mr. Gibney served as Chairman of the committee
during the development of the "Aging of the Population"
report; and
WHEREAS, Mr. Gibney has dedicated countless hours
dedicated to the Committee during the past eight years.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of July 2003,
publicly recognizes Mr. John A. Gibney, Jr., and commends him
for his dedication and outstanding service to the Committee
on the Future and to the citizens of Chesterfield County.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Gibney and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Barber presented the executed resolution to Mr. Gibney
and expressed appreciation for his contributions to the
Committee on the Future.
Mr. Gibney expressed appreciation to
opportunity to serve the county.
the Board for the
5.E. RECOGNIZING URBAN LAND INSTITUTE RICHMOND, TECHNICAL
ASSISTANCE PANEL FOR THEIR STUDY AND RECOMMENDATIONS
ON THE CLOVERLEAF MALL SITE
Mr. Jacobson introduced members of the Urban Land Institute
Richmond, Technical Assistance Panel who were present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the future of Cloverleaf Mall is a significant
issue for the surrounding community, Chesterfield County, and
the entire metropolitan region; and
WHEREAS, the Urban Land Institute (ULI) is a renowned
non-profit international organization of development
professionals; and
WHEREAS, ULI Richmond is an active District Council of
the Urban Land Institute within Central Virginia that
provides an educational forum for public and private
development professionals; and
WHEREAS, ULI Richmond, under the leadership of Mr. David
M. Smith, organized a Technical Assistance Panel to advise
Chesterfield County on market and development issues for
Cloverleaf Mall and the surrounding property; and
WHEREAS, the Technical Assistance Panel was composed of
leading real estate and development experts in Virginia,
consisting of the following talented professionals: Ms. Jill
C. Crews, Director of Corporate Marketing, HH Hunt; Mr.
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Benjamin B. Cummings Jr., Principal in Millennium Retail
Partners, LLC and Cummings Real Estate Advisory Services,
LLC; Mr. Gerald S. Divaris, Chairman and Chief Executive
Officer of Divaris Real Estate; Mr. Gary W. Fenchuk,
President, East-West Partners of Virginia, Inc.; Mr. Thomas
E. Flynn, P.E., PTOE, Transportation Team Leader, Draper Aden
Associates; Mr. Ralph B. Higgins, Senior Principal, Higgins
and Gerstenmaier, Landscape Architects and Land Planners,
Richmond, Virginia; Mr. Alan Lingerfelt, Senior Vice
President, Liberty Property Trust; Mr. David M. Smith, First
Vice President, Thalhimer, a Cushman and Wakefield Alliance;
and Mr. Clement "Kim" Tingley, President, The Easy Living
Corporation and Tingley Construction Company.
WHEREAS, the members of the Technical Assistance Panel
volunteered their time and talent to the benefit of the
citizens of Chesterfield County at no cost; and
WHEREAS, the panel reviewed market and planning studies,
conducted original research, presented a market and
development assessment, and a recommended redevelopment
strategy for the Cloverleaf Mall area site; and
WHEREAS, the panel verbally presented their findings to
Chesterfield County officials and prepared a written report,
Review of Market and Development Issues and Recommended
Redevelopment Strategy.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes the members
of the Urban Land Institute Richmond Technical Assistance
Panel and expresses appreciation for the hard work, analysis
and professional advice from each panel member.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to the panel members, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Mr. Barber presented executed resolutions to members of the
panel and expressed appreciation for the expertise they
provided in making recommendations for the future of
Cloverleaf Mall.
6. WORK SESSIONS
0 CLOVERLEAF MALL AREA STUDY
Mr. Jacobson introduced Mr. Dave Smith, Chairman of the Urban
Land Institute (ULI) Richmond Technical Assistance Panel to
summarize their recommendations.
Mr. Smith stated consumers have demonstrated an outward
migration in their shopping patterns and Cloverleaf Mall,
therefore, is no longer a viable regional retail hub. He
further stated the panel is recommending a residentially
based mix-use master plan community with flexibility to
include a variety of uses each from residential, retail,
liHht industrial, office, special use and public use. He
summarized the strategy for the development, includinH
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identifying obstacles and stated the panel recommends a
request for proposal format to nationally search for a
qualified developer.
Mr. Warren expressed appreciation to Mr. Smith and members of
the panel for the excellent report.
Mr. Howard Cone with The Chesapeake Group stated the critical
next step is to locate a master developer with a great deal
of experience in quality mixed-used development and with the
fiscal capacity to implement the project. He stressed the
importance of the county being proactively involved in the
redevelopment process.
7. DEFERRED ITEMS
There were no deferred items at this time.
8. NEW BUSINESS
8.A. REQUEST TO THE SCHOOL BOARD TO CONSIDER A REFERENDUM ON
NOVEMBER 4, 2003 TO ISSUE GENERAL OBLIGATION BONDS FOR
SCHOOL CONSTRUCTION
Mr. Micas stated that on June 4, 2003, the School Board
accepted for consideration a public/private educational
facilities proposal that would construct two new high schools
and convert Clover Hill High School to a middle school, and
the Board adopted a resolution in support of the School
Board's consideration of the proposal. He further stated,
since that time, additional proposals have also been
submitted. He stated Mr. McHale has requested that the Board
request the School Board to ask the Board of Supervisors to
place a question on the November 4, 2003 ballot on whether to
issue general obligation bonds for the purpose of financing
the three school projects.
Mr. McHale stated he feels the proposed school projects are
very important to sustaining the county's quality of
education. He expressed concerns relative to borrowing $100
million without asking for approval from the voters. He
stated borrowing money to finance the Public-Private
Education Facilities and Infrastructure Act (PPEA) takes the
public out of the loop and he feels it sets a bad precedent.
He further stated plans are already underway for a 2004 bond
referendum for additional school projects and a wide range of
other general county projects in the Capital Improvements
Program, and expressed concerns that if the public is left
out of the financing of the proposed PPEA school projects,
they might not support the 2004 bond projects. He stated the
Board and the School Board have the obligation to prove to
the public that these are worthwhile projects, and he feels
the necessary action should be taken to schedule a referendum
for November 4, 2003.
Mr. Warren recognized Dr. Cannaday and Ms. Beth Davis who
were present at the meeting.
Ms. Davis came forward and stated the PPEA funding made
available by the General Assembly in 2002 affords the School
Board flexibility in designing, constructing and funding new
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schools. She further stated a comprehensive agreement with
the private sector under the PPEA allows the School Board to
maintain the quality and standards of other more traditional
construction projects at a similar cost, but with significant
advantages of reducing the overall time for completing the
critical projects. She stated the School Board adopted
procedures for the PPEA in April 2003 and held several
community input sessions in the Clover Hill and Matoaca
Districts to discuss overcrowded conditions at Clover Hill
High School. She further stated the community expressed a
desire to construct two new high schools rather than one
large high school that had been suggested. She stated no one
expressed any opposition to building the two high schools and
converting Clover Hill High School to a middle school. She
further stated the School Board is confident of the community
support for the proposed projects, noting that a sense of
urgency exists because the schools in the vicinity are
operating at or above capacity. She stated use of the PPEA
funding approach will reduce construction time for the new
high schools by as much as two years, and the School Board
feels use of PPEA funding shows fiscal responsibility. She
further stated the funding approach is structured to align
the priorities in the current Capital Improvement Plan
already adopted by the Board and the School Board, and would
allow the county to take advantage of historically low
interest rates.
Discussion ensued relative to funding sources that have been
used in the past for construction and renovation of schools.
When asked, Mr. Ramsey stated all of the funding sources are
treated as debt under the county's policy.
Mr. Miller expressed concerns that the taxpayers are always
responsible for retirement of debt incurred by the county.
Mr. McHale stated he does not feel the General Assembly
intended to circumvent the public process through PPEA
projects. He further stated public participation in the PPEA
discussion process and a public vote on incurring debt are
entirely different, and he feels a public vote would provide
a clear endorsement from the citizens that PPEA general
obligation debt funding of the projects is the right way to
go. He stated he feels very strongly that a referendum for
the funding is likely to pass and would give elected
officials the opportunity to tell the public why the projects
are so important and encourage their support. He further
stated he feels it is in the best interest to trust the
public, let them participate in the process, and resoundingly
approve the funding approach.
Mr. Miller stated he has no doubt that the schools are
necessary, but feels the public should be allowed as much
input as possible. He further stated, although he feels a
bond referendum would be approved, he does not feel it is a
risk worth taking to bypass public input on funding of the
proposed school projects.
Mr. McHale made a motion, seconded by Mr. Miller, for the
Board to approve requesting the School Board to ask the Board
of Supervisors to place a question on the November 4, 2003
ballot on whether to issue general obligation bonds to pay
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07/23/03
for the cost of constructing two new high schools and
converting Clover Hill High School into a middle school.
Mr. Warren stated he will not support Mr. McHale's motion
because the School Board unanimously supports the funding
proposal, the funding concept was provided by the General
Assembly to give counties more options, and he feels the
public has already had input and indicated support of the
projects.
Mrs. Humphrey stated she agrees with Mr. Warren and feels the
public has been fully informed. She further stated Matoaca
residents want the high' schools fast-tracked and the middle
school situation solved, and she will not support a bond
referendum for the funding proposal for the school projects.
Mr. Barber stated that although there were no projects in the
Midlothian District in the last bond referendum, the
residents approved the bond issue in greater numbers than any
of the other four districts. He further stated he has heard
from Midlothian District residents about capacity issues, and
the proposed projects would ultimately provide some relief
and have a positive impact on Midlothian District schools.
He stated he feels comfortable supporting the School Board's
effort to get the projects done more quickly through the
Public Private Education Act. He further stated the Board is
not prepared for a referendum in November, and he feels it
would be worse to go into a referendum unprepared than not
having one at all.
Mr. Miller stated he feels the public could be briefed in a
short period of time and would be prepared to vote in a bond
referendum in November 2003.
Mr. Warren called for a vote on the motion of Mr. McHale,
seconded by Mr. Miller, for the Board to approve requesting
the School Board to ask the Board of Supervisors to place a
question on the November 4, 2003 ballot on whether to issue
general obligation bonds to pay for the cost of constructing
two new high schools and converting Clover Hill High School
into a middle school.
Ayes: McHale and Miller.
Nays: Warren, Barber and Humphrey.
Mr. McHale's motion failed.
Ms. Davis stated the School Board will meet on July 25, 2003
to consider the proposals and decide which ones will move on
to the more detailed phase. She further stated detailed
proposals are due August 21, 2003; the review team will
analyze the proposals according to set criteria; and the
School Board will take action to enter into a comprehensive
agreement with an offer for the design, financing and
construction of the two new high schools, or take action to
reject all proposals and proceed in a traditional design-
build method on August 25, 2003. She stated the Board of
Supervisors and the Planning Commission will be constantly
updated during the process.
Mr. Miller excused himself from the meeting.
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8. B. 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 Arts and Cultural Funding Consortium, Community Criminal
Justice Board, Youth Services Citizen Board and Health Center
Commission.
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
8.B.1. CHESTERFIELD EMERGENCY PLANNING COMMITTEE
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
nominated the following people to serve on the Chesterfield
Emergency Planning Committee, who will be appointed by the
Governor:
Capt. Daniel W. Kelly, Chesterfield Police Department
Mr. Michael D. Barnett, Honeywell
Mr. David R. Zimmerman, Philip Morris
Mr. Gordon D. Slifer, Fort Lee
Mr. John E. Maloon, Jr., DuPont
Ayes: Warren, McHale, Barber and Humphrey.
Nays: None.
Absent: Miller.
8.B.2. ARTS AND CULTURAL FUNDING CONSORTIUM
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
simultaneously nominated/appointed Ms. Beverly Perdue
Jennings to serve as an at-large member on the Arts and
Cultural Funding Consortium, whose term is effective
immediately and expires December 31, 2004.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.3. COMMUNITY CRIMINAL JUSTICE BOARD
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
simultaneously nominated/reappointed The Honorable Jerry
Hendrick, Jr., The Honorable Philip V. Daffron, Mr. Michael
W. Lee, Ms. Jane Ogletree, Ms. Elvira Shaw, Mr. Bradford S.
Hammer, Mr. William W. Bradham, Jr., Sheriff Clarence G.
Williams, Jr., Dr. John Morgan and Mr. Gregory D. Carr to
serve on the Community Criminal Justice Board, whose terms
are effective July 1, 2003 and expire June 30, 2005.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.4. YOUTH SERVICES CITIZEN BOARD
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
simultaneously nominated/appointed/reappointed the following
youth members to serve on the Youth Services Citizen Board,
03-552
07/23/03
whose terms are effective July 1, 2003 and expire June 30,
2004:
Member
Ms. Jessica Mears
Mr. Marcus Childress
Ms. Anne Harrison
Ms. Virginia Fuller
Mr James Dunford
Ms
Ms
Mr
Mr
Ms
Ms
Mr
Ms
Ms
Ms
Toral Gandhi
Meghan Folster
Joe Gayk
Devan Vaughan
Ashley Smith
Kathryn Greenly
George Tarasidis
Mary Conkright
Jennifer Barlow
Molly Dawes
District
Bermuda
Bermuda
Clover Hill
Clover Hill
Clover Hill
Clover Hill
Matoaca
Matoaca
Matoaca
Dale
Dale
Midlothian
Midlothian
Midlothian
Midlothian
And, further, the Board simultaneously nominated/reappointed
Ms. Vikki Barth, adult member to serve on the Youth Services
Citizen Board, whose term is effective July 1, 2003 and
expires June 30, 2006.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.B.5. HEALTH CENTER COMMISSION
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
simultaneously nominated/appointed/reappointed Ms. Carol B.
Conroy, representing the Dale District, and Ms. Patricia
Conley, representing the Matoaca District, to serve on the
Health Center Commission, whose terms are effective July 1,
2003 and expire June 30, 2007.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C. CONSENT ITEMS
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
removed the following items from the Consent Agenda for
public comment: Item 8.C.6., Transfer of Funds from the
Reserve for Future Capital Projects for the Recruitment Phase
of the Cloverleaf Mall Area Study; Item 8.C.7., Refer to
Planning Commission the Zoning Ordinance Amendment Relative
to Signs Within Road Rights of Way; Item 8.C.21.c., Transfer
of District Improvement Funds from the Bermuda, Clover Hill,
Dale, Matoaca and Midlothian District Improvement Funds to
the Chesterfield County Parks and Recreation Department to
Erect a Volunteer Monument in Each Magisterial District; Item
8.C.21.d., Transfer of District Improvement Funds from the
Bermuda District Improvement Fund to the Police Department to
Pay for the Cost of Police Coverage for the Chester Kiwanis
Club Celtic Heritage Festival; and Item 8.C.24., Request to
Aid the Crowder Trust in the Acquisition of Offsite Sewer and
Temporary Construction Easements.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-553
07/23/03
8.C.1. ADOPTION OF RESOLUTIONS
8.C.1.&. RECO~NIZIN~ JUDITH P. SMITH, UTILITIES DEPARTMENT,
UPON HER RETIREMENT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Mrs. Judith P. Smith will retire from the
Chesterfield County Department of Utilities on July 31, 2003;
and
WHEREAS, Mrs. Smith began her public service with
Chesterfield County in 1985 in the Planning Department as a
clerical aide and served as the first receptionist in the
department after being recruited from a doctors office by the
county; and
WHEREAS, Mrs. Smith was promoted to a senior clerical
aide on her first evaluation after six months of employment
and also promoted to supervisor of Cooperative Education
students in the department, hiring high school students who
would eventually become full time employees of the county;
and
WHEREAS, Mrs. Smith was promoted to supervisor of front
counter functions in the Planning Department; and
WHEREAS, Mrs. Smith was hired by the Utilities
Department in 1989 as a customer service representative; and
WHEREAS, Mrs. Smith was awarded Employee of The Year in
1998 for the Department of Utilities; and
WHEREAS, Mrs. Smith notified customers with high
consumption to alert them of possible leaks or problems on
their property and was instrumental in assisting thousands of
customers throughout her career with regards to
water/wastewater service; and
WHEREAS, Mrs. Smith has been a loyal friend to many, a
loving wife, mother, grandmother, and a devoted employee,
whose sense of compassion exceeds the highest level of human
expectations that all county employees should strive to
obtain.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mrs. Judith P. Smith, expresses the
appreciation of all residents for her 18 years of service to
Chesterfield County, and extends appreciation for her
dedicated service to the county and congratulations upon her
retirement, as well as best wishes for a long and happy
retirement.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.l.b. RECOGNIZING MR. RICK LEE MAXWELL UPON ATTAINING THE
RANK OF EAGLE SCOUT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
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07/23/03
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. Rick Lee Maxwell, Troop 886, sponsored by
Trinity United Methodist Church, has accomplished those high
standards of commitment and has reached the long-sought goal
of Eagle Scout, which is earned by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Rick 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 recognizes Mr. Rick Lee Maxwell,
extends congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.l.c. RECOGNIZING MR. JAMES R. BAILEY FOR SUPERIOR PUBLIC
SERVICE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Chesterfield County has as one of its eight
strategic goals, "To be the safest and most secure community
compared to similar jurisdictions"; and
WHEREAS, Chesterfield County's efforts to achieve this
goal are greatly aided by the selfless and dedicated men and
women who volunteer their time to work alongside the county's
paid public safety staff; and
WHEREAS, Mr. James R. Bailey joined the Manchester
Volunteer Rescue Squad on November 21, 1969; and
WHEREAS, Mr. Bailey was a student in the first Emergency
Medical Technician class held at the Manchester Rescue Squad,
and completed his EMT training in June of 1972; and
WHEREAS, Mr. Bailey earned his Cardiac Technician
Certification on July 21, 1983, and held this certification
for three years; and
WHEREAS, Mr. Bailey still maintains his EMT basic
certification, and has several instructor certifications,
including Basic and Light Duty Rescue Instructor; Emergency
Vehicle Operators Course Instructor; Vehicle Extrication
03-555
07/23/03
Instructor and
Instructor; and
Hazardous Materials First
Responder
WHEREAS, Mr. Bailey has served as Assistant Crew Leader;
Crew Leader; Treasurer; President and Board of Directors
member at the Manchester Volunteer Rescue Squad; and
WHEREAS, Mr. Bailey was inducted into the Chesterfield
Senior Hall of Fame in 1997 in recognition of his dedicated
service to the residents of Chesterfield County; and
WHEREAS, Mr. Bailey was an active riding member of the
squad until June of 2003, and is a life member who remains
active through teaching classes in his areas of
certification; and
WHEREAS, Mr. Bailey's work on behalf of the citizens of
Virginia has made the Commonwealth of Virginia, and
Chesterfield County, safer for all who live, work and visit
here; and
WHEREAS, it is fitting to recognize such dedication and
commitment to serving others.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the superior public
service of Mr. James R. Bailey, and extends, on behalf of the
citizens of Chesterfield County, its 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.
8.C.l.d. RECOGNIZING AUGUST 1-7, 2003, AS ~INTERNATIONAL
CLOWN WEEK"
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, life brings to all of us a mixture of stormy
days and sunny days, happy times and sad times; and
WHEREAS, among the individuals who are committed to
bringing people more sunny days and happy times are those men
and women who have pledged themselves to the art of clowning;
and
WHEREAS, the contributions of clowns and the wholesome
entertainment they provide to society were recognized by a
presidential proclamation establishing National Clown Week in
August of 1971; and
WHEREAS, clowns have visited hospitals, nursing homes,
orphanages and many other locations, bringing smiles and
happiness to countless people; and
WHEREAS, millions of children of all ages have attended
circus performances featuring clowns and their art; and
03-556
07/23/03
WHEREAS, we should never become so serious that we fail
to recognize the importance of merriment and humor in our
lives; and
WHEREAS, each of us owes a happy memory, a smile or a
laugh we have enjoyed to the antics of a clown; and
WHEREAS, during August of this year, clowns in Virginia
and across America will be participating in special
activities celebrating their love of clowning.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of July 2003,
recognizes the important role that clowns play in bringing
smiles, hope and joy to millions of people all across the
globe, including here in Virginia, and expresses its
appreciation to the men and women who have chosen this art
form as a means of expression.
AND, FURTHER, this Board of Supervisors extends to all
those involved in clowning best wishes for continued success
in the pursuit of their craft.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
RECOGNIZING FIREFIGHTERMALCOLM T. WOMACK,
CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES
DEPARTMENT, UPON HiS RETIREMENT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Firefighter Malcolm T. ~Mack" Womack will
retire from the Chesterfield Fire and Emergency Medical
Services Department, Chesterfield County, on August 1, 2003;
and
WHEREAS, Firefighter Womack served at the Bon Air Fire
Station as a day-time Firefighter from August 1978 until
starting Recruit School #9 in November 1978, and has
faithfully served the county for twenty-five years in various
assignments as a Firefighter at the Airport, Bon Air,
Chester, Dale, Ettrick, and Manchester Fire and EMS Stations;
and
WHEREAS, Firefighter Womack ran the first call for
service handled by the Airport Station and performed
admirably at a very stressful incident, which involved a
vehicle accident with entrapment involving a firefighter-
staffed ambulance; and
WHEREAS, Firefighter Womack was one of the original
members of the Chesterfield Fire and Emergency Medical
Services Department's Hazardous Materials Team, first serving
as the secretary and then as the KC" Shift Team Leader, where
he was a valued and respected member until his retirement;
and
WHEREAS, Firefighter Womack finished his career at the
Eanes-Pittman Public Safety Training Center, serving as a
Terrorism Preparedness Coordinator.
NOW, THEREFORE IT BE RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the contributions of
03-557
07/23/03
Firefighter Malcolm T. Womack, expresses the appreciation of
all residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.l.f. REC~%RDING REFINANCING OF A~POMATTOX RIVER WATER
AUTHORITY BONDS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Appomattox River Water Authority ~ARWA" has
informed the Board of Supervisors of the County of
Chesterfield, Virginia (the "Board") that the Authority
intends to issue in July or August of 2003 up to $10,000,000
in revenue bonds (the ~Refunding Bonds") to refund or
restructure ARWA's outstanding Water Revenue Refunding Bonds,
Series 1993; and
WHEREAS, ARWA has further informed the Board that ARWA
intends to designate the Refunding Bonds as ~qualified tax-
exempt obligations" under Section 265(b) of the Internal
Revenue Code of 1986, as amended (the ~Code"), to encourage
commercial banks and similar financial institutions to
purchase the Refunding Bonds; and
WHEREAS, ARWA is authorized to issue additional bonds
(~Additional Bonds," and, together with the Refunding Bonds,
the "Bonds") from time to time hereafter for the purpose of
paying the whole or any part of the "cost" of ARWA's "water
system," as such terms are defined in the Virginia Water and
Waste Authorities Act, Chapter 51, Title 15.2, Code of
Virginia of 1950, as amended, and to refund any Bonds
outstanding and issued by ARWA under the Act; and
WHEREAS, the Board has been advised by Bond Counsel to
ARWA that if the Board does not take the action evidenced by
this Resolution, which is authorized under Section
265(b) (3) (C) (iii) of the Code, the County of Chesterfield
Virginia (the ~County") and each of ARWA's other member
jurisdictions each may have to take into account the full
principal amount of any Bonds in determining whether it is
eligible to issue qualified tax-exempt obligations in
calendar year 2003 and future calendar years.
WHEREAS, Bond Counsel of ARWA has advised that the
allocation set forth in this Resolution satisfies the
requirements of Section 265(b) (3) (C) (iii) of the Code for the
Refunding Bonds and should satisfy the requirements for most
Additional Bonds issued by ARWA, although ARWA's service
agreement with its member jurisdictions allows for member
jurisdictions to ~opt out" of paying their shares of debt
service on Bonds if (among other things) cash is deposited
with ARWA and for varying allocations of the member
jurisdictions' respective payment obligations for any
particular issue of Bonds depending on the purpose of the
Bonds; in such cases, the allocation set for below may need
to be adjusted with respect to certain issues of Additional
Bonds.
03-558
07/23/03
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Board irrevocably agrees that the principal
amount of the Refunding Bonds are, unless otherwise provided
by subsequent resolution, the principal amount of any
Additional bonds issued by ARWA will be allocated for
purposes of Section (265(b)(3) (C) of the Code to ARWA's
member jurisdictions on the basis of the allocations of the
capacity of ARWA's water treatment plant, which will result
in the principal amount of such Bonds being allocated as
follows:
Chesterfield County
City of Petersburg
City of Colonial Heights
Dinwiddie County
Prince George County
64.32%
29.69%
2.97%
1.98%
1.04%
2. The Board finds that the allocation for the County
set forth in paragraph 1 bears a reasonable relationship to
the benefits expected to be received by the County from the
issuance of the Refunding Bonds and, unless otherwise
provided by subsequent resolution, the issuance of all
Additional Bonds by ARWA.
3. This Resolution will take effective immediately.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.2. REQUEST FOR A PERMIT TO STAGE A FIREWORKS DISPLAY AT
WOODLAKE PAVILION/AMPHITHEATER
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Cindy McVey of the Woodlake Community
Association for a permit to stage a fireworks display at the
Woodlake Pavilion/Amphitheater on August 30, 2003 with a rain
date of August 31, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.3. AWARD OF CONSTRUCTION CONTRACTS
8.C.3.&. TO A. D. WHITTAKER CONSTRUCTION, INCORPORATED FOR
THE 154-BED REPLACEMENT JAIL
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to execute a construction
contract in the amount of $19,016,350 for the construction of
the 154-bed replacement jail to A. D. Whittaker Construction,
Incorporated.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-559
07/23/03
8.C.3.b. TO CHN CONSTRUCTION COMPANY FOR EXPANSION OF THE
ROCKWOOD PARK NATURE CENTER BUILDING PROJECT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to execute a contract
with CHN Construction Company in the amount of $222,222 and
transferred $50,000 from Park Improvement funds for expansion
of the Rockwood Park Nature Center Building.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.3.c. TO C, ODSEY AND SONS FOR THE RIVER ROAD WATERLINE
REHABILITATION PROJECT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
awarded a construction contract in the amount of $663,819.80
to Godsey and Sons for County Project #01-0201, River Road
Waterline Rehabilitation, and authorized the County
Administrator to execute the necessary documents.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.3.d. TO iCON SIGN AND LIGHTING FOR MULTI-PURPOSE YOUTH
SPORTS FIELD LIGHTING AT ALBERTA SMITH ELEMENTARY
SCHOOL, CLOVER HILL ATHLETIC COMPLEX AND MIDLOTHIAN
HIGH SCHOOL ATHLETIC COMPLEX
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to execute a construction
contract in the amount of $269,156 with Icon Sign and
Lighting for sports field lighting at Alberta Smith
Elementary School, Clover Hill Athletic Complex and
Midlothian High School Athletic Complex.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.4. SET DATES FOR PUBLIC HEARINGS
8.C.4.&. TO CONSIDER CHANGES TO THE COUNTY CODE TO ALLOW THE
COUNTY TO COLLECT A FEE TO HELP DEFRAY THE COST OF
OPERATING THE COUNTY'S POLICE AND SHERIFF TRAINING
ACADEMIES
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of August 27, 2003 at 7:00 p.m. for a public
hearing to consider adoption of an ordinance to allow the
county to collect a fee to help defray the cost of operating
the county's Police and Sheriff Training Academies.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.4.b. TO CONSIDER REVISIONS TO THE FY2004 SCHOOL CAPITAL
IMPROVEMENT FUND APPROPRIATIONS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of August 27, 2003 for a public hearing to
03-560
07/23/03
consider increasing the School Capital Improvements Fund by
$550,000 transferring of $7,470,700 from the Reserve for
School Capital Improvements to the School Capital
Improvements Fund for the FY2004 School construction program.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.4.c. TO CONSIDER CHANGES TO THE COUNTY'S ORDINANCES
RELATING TO UNLAWFUL CONDITIONS OF TRASH, GARBAGE,
WEEDS AND GRASS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of August 27, 2003 at 7:00 p.m. for a public
hearing to consider ordinance amendments relative to civil
and criminal penalties for violations of county ordinances
regarding unlawful conditions of trash, garbage, weeds and
grass.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.4.d. TO CONSIDER THE REVISION OF THE COUNTY'S EMERGENCY
RESPONSE COST RECOVERY ORDINANCE TO ALLOW THE
COUNTY TO RECOVER EXPENSES FOR ADDITIONAL OFFENSES
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of August 27, 2003 at 7:00 p.m. for a public
hearing to consider revising the county's emergency response
cost recovery ordinance to allow the county to recover
expenses for additional offenses involving reckless driving,
driving without a license, or improperly leaving the scene of
an accident.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.4.e. TO CONSIDER THE ACCEPTANCE AND APPROPRIATION OF
PART C GRANT FUNDS FOR THE COMMUNITY SERVICES BOARD
On motion of Mr. McHale, seconded by Mr. Barber, the Board
set the date of August 27, 2003 at 7:00 p.m. for a public
hearing to consider acceptance and appropriation of $524,260
in state and federal funds for the FY2004 Part C program of
the Chesterfield Interagency Coordinating Council and Child
Care Program.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.5. REQUEST FOR ENTERTAINMENT/MUSICAL FESTIVAL PERMIT
FROM THE CHESTERFIELD COUNTY FAIR ASSOCIATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from the Chesterfield County Fair
Association for an entertainment/musical festival permit for
the annual Chesterfield County Fair, subject to compliance
with staff recommendations.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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8.C.8. ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS
8.C.8.&. FOR THE COMMUNITY SERVICES BOARD FOR T~ PLANNING
DISTRICT 14 INTERAGENCY COORDINATING COUNCIL
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted and appropriated $402,206 in state and federal funds
for the FY2004 Part C program for the Planning District 14
Interagency Coordinating Council, administered by the
Chesterfield Community Services Board and coordinated by its
Infant Program. (It is noted a temporary, full time position
in the department of Mental Health, Mental Retardation and
Substance Abuse will be created to assist in the management
of the funds.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.8.b. FOR THE COMMONWEALTH'S ATTORNEY'S OFFICE OF FY2004
VIRGINIA EXILE GRANT FUNDS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted and appropriated Virginia Project Exile grant funds
from the Virginia Department of Criminal Justice Services, in
the amount of $113,839 ($72,562 in federal funds and $41,277
in local funds identified from appropriations in other
areas), for FY2004.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.9. APPROVAL OF FY2004 CHESTERFIELD COMMUNITY SERVICES
BOARD PERFORMANCE CONTRACT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the FY2004 Performance Contract between the
Chesterfield Community Services Board and the Virginia
Department of Mental Health, Mental Retardation and Substance
Abuse Services.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.10.
APPROVAL OF A ~FIRST AMENDMENT TO WATER AND
WASTEWATER CONTRACT" WITH GRAY LAND AND DEVELOPMENT,
LLC FOR WATER AND WASTEWATER CAPACITY FOR A
RESIDENTIAL DEVELOPMENT IN POWHATANCOUNTY
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved the ~First Amendment to Water and Wastewater
Contract" with Gray Land and Development, LLC for water and
wastewater capacity for a residential development in Powhatan
County, in a form acceptable to the County Attorney, and
authorized the County Administrator to execute the necessary
documents.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
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8.C.11. APPROVAL OF WATER CONTRACT FOR SALISBURY, SECTION I;
LOTS l& AND 15, BLOCK C, SECTION A; AND LOTS 9 AND
10, BLOCK I, SECTION A
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a water contract for Salisbury, Section I; Lots 14
and 15, Block C, Section A; and Lots 9 and 10, Block I,
Section A, Contract Number 02-0363, which includes 500 L.F. +
of additional 8-inch line work in Radstock Road:
Developer:
Contractor:
Contract Amount:
Code:
District:
G & H, Inc.
RMC Contractors, Inc.
Estimated County Cost for
Additional Work ........ $11,750.00
Estimated Developer Cost $33,850.00
Estimated Total ........ $45,600.00
(Cash Refund - Additional Work) 5B-572WO-E4C
Midlothian
(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.C.12. APPROVAL OF CHANGE ORDER TO CONTRACT WITH MOTOROLA,
INCORPORATED FOR PUBLIC SAFETY DATA COMMUNICATIONS
SYSTEM CONTRACT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved Change Order Number 4 to the contract with Motorola,
Incorporated for the Public Safety Data Co~tunications System
Contract.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.13. REQUESTS FOR PERMISSION
8.C.13.&. FROM WOODLAKE COMMUNITY ASSOCIATION, INCORPORATED
TO CONSTRUCT THE WOODLAKE AMPHITHEATER PROJECT
INCLUDING A FLOATING DOCK, BOAT SLIPS, WOODEN
DECK, STAIRS AND SUPPORTING STRUCTURES WITHIN A
SIXTEF2~-FOOT SEWER EASEMENT AND IMPOUNDMENT
EASEMENT
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Woodlake Community Association,
Incorporated for permission to construct the Woodlake
Amphitheater Project including a floating dock, boat slips,
wooden deck, stairs, and supporting structures within a 16-
foot sewer easement and impoundment easement, subject to the
execution of a license agreement. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-563
07/23/03
8.C.13.b. FROM JEFFREY P. BRAY AND MICHELLE L. BRAY FOR A
PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT
DRAINAGE EASEMENT ACROSS LOT 38, LENOX FOREST AT
RIVERDOWNS, SECTION I
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Jeffrey P. Bray and Michelle L. Bray
for permission for a proposed fence to encroach within a 16-
foot drainage easement across Lot 38, Lenox Forest at
Riverdowns, 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.C.13.c. FROM DR. STEVEN A. CASTRO TO INSTALL A PRIVATE
SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON WEST HUNDRED ROAD
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Dr. Steven A. Castro for permission
to install a private sewer service within a private easement
to serve property at 2930 West Hundred 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.C.13.d. FROM CHRISTOPHER M. GRIFFIN TO INSTALL A PRIVATE
SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE
PROPERTY ON EAST RIVER ROAD
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Christopher M. Griffin to install a
private sewer service within a private easement to serve
property at 3306 East River 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.C.13.e. FROM SHAILENDRA G. PATEL AND SANGITA S. PATEL FOR
A PROPOSED FENCE AND SHED TO ENCROACH WITHIN A
SIXTEEN-FOOT DRAINAGE EASEMEITTAND TEN-FOOT
EASEMENT ACROSS LOT 8, KENTWOOD FOREST, SECTION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved a request from Shailendra G. Patel and Sangita S.
Patel for permission for a proposed fence and shed to
encroach within a 16-foot drainage easement and 10-foot
easement across Lot 8, Kentwood Forest, 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.
03-564
07/23/03
8.C.14. ACCEPTANCE OF PARCELS OF LAND
8.C.14.&. FOR TRENTS BRIDGE ROAD AND EXTER MILL ROAD FROM
ROBERT E. LEE COUNCIL, INCORPORATED, BOY SCOUTS OF
AMERICA
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 3.90
acres from Robert E. Lee Council, Incorporated, Boy Scouts of
America, and authorized the County Administrator to execute
the deed. (It is noted a coy of the plat is filed with the
papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.1~.b. FOR THE EXTENSION OF DORTONWAY DRIVE FROM BELMONT,
LLC
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of three parcels of land containing a
total of 0.833 acres for the extension of Dortonway Drive
from Belmont, 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.C.1~.c. ALONG THE NORTH RIGHT OF WAY LINE OF WILLIS ROAD
FROM JAMES W. BLACKBURN, JR.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.025
acres along the north right of way line of Willis Road (State
Route 613) from James W. Blackburn, Jr., and authorized the
County Administrator to execute the deed. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.14.d. ADJACENT TO CLOVER HILL HIGH SCHOOL FROM MARIAN P.
AND LINWOOD E. BOTTOMS
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.22
acres adjacent to Clover Hill High School from Marian P. and
Linwood E. Bottoms, 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.
03-565
07/23/03
8.C.14.e. FOR THE RELOCATION OF A PORTION OF CENTER POINTE
PARKWAY FROM GC REAL ESTATE CORPORATION
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 1.881
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.C.14.f.
FOR THE EXTENSION OF DORTONWAY DRIVE FROM
GILLSGATE, L.L.C.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of two parcels of land containing a
total of 5.777 acres for the extension of Dortonway Drive
from Gillsgate, L.L.C., and authorized the County
Administrator to execute the deed. (It is noted copies of
the plats are filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.14.g. FOR THE EXTENSION OF MEMPHIS BOULEVARD FROM IGH,
LLC
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.514
acres from IGH, 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.C.14.h.
FOR THE EXTENSION OF HIGHLAND GLEN DRIVE AND
EASTFAIR DRIVE FROM THE NASH ROAD/WOODPECKER ROAD,
LLC
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 4.56
acres for the extension of Highland Glen Drive and Eastfair
Drive from The Nash Road/Woodpecker Road, 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.C.14.i. ADJOINING CHARTER COLONY PARKWAY FROM BB HUNT,
L.L.C.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
accepted the conveyance of three parcels of land containing a
total of 0.423 acres adjoining Charter Colony Parkway (Route
950) from BB Hunt, L.L.C., and authorized the County
03-566
07/23/03
Administrator to execute the deed. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.15. REQUESTS TO QUITCLAIM
8.C.15.a. A PORTION OF A VARIABLE WIDTH VIRGINIA DEPARTMENT
OF TRANSPORTATION SLOPE AND DRAINAGE EASEMENT
8.C.15.&.1. ACROSS THE PROPERTY OF BBV, L.C.
On motion of Mr. McHale, 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 variable width Virginia Department of
Transportation slope and drainage easement across the
property of BBV, L.C. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.15.&.2. ACROSS THE PROPERTY OF RIVER DOWNS, L.C.
On motion of Mr. McHale, 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 variable width Virginia Department of
Transportation slope and drainage easement across the
property of River Downs, L.C. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.15.b. A PORTION OF A SIXTEEN-FOOT SEWER EASEMENT ACROSS
THE PROPERTY OF BI-STATE PROPERTIES
On motion of Mr. McHale, 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 sewer easement across the property of
Bi-State Properties. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.15.c. A PORTION OF A SIXTEEN-FOOT SEWER EASEMENT ACROSS
THE PROPERTY OF HARBOURSIDE CENTRE, LLC
On motion of Mr. McHale, 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 sewer easement across the property of
Harbourside Centre, LLC. (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.
03-567
07/23/03
8.C.15.d. A PORTION OF A SIXTEEN-FOOT SEWER EASEMENT ACROSS
THE PROPERTY OF RALC PROPERTIES
On motion of Mr. McHale, 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 sewer easement across the property of
Ralc Properties. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.16. AUTHORITY TO ENTER INTO PIPELINE CROSSIN~ AGREEMENTS
WITH CSX TRANSPORTATION, INCORPORATED
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to enter into Pipeline
Crossing Agreements with CSX Transportation, Incorporated,
subject to the approval of such agreements by the County
Attorney.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.17. AUTHORIZATION TO EXERCISE EMINENT DOMAIN FOR THE
ACQUISITION OF EASEMENTS FOR THE RIVER ROAD
WATERLINE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Attorney to proceed with eminent domain
and exercise immediate right of entry pursuant to Sections
15.2-1904 and 1905 of the Code of Virginia for the
acquisition of easements for the River Road Waterline, and
instructed the County Administrator to notify the owners by
certified mail on July 24, 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.
8.C.18.
APPROVAL OF AMEND~4ENT TO LEASE AGREEMENT WITH
UKROP'S SUPERMARKETS AND RICHMOND KICKERS YOUTH
SOCCER CLUB FOR THE SOCCER FIELDS ADJACENT TO
UKROP'S SUPERMARKET AT CHIPPENHAMAND ROUTE 10
On motion of Mr. McHale, seconded by Mr. Barber, the Board
authorized the County Administrator to execute a lease
amendment with Ukrop's Supermarkets and Richmond Kickers
Youth Soccer Club for the soccer fields adjacent to Ukrop's
Supermarket at Chippenham and Route 10, in a form approved by
the County Attorney. (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.
03-568
07/23/03
8.C.19. CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY FOR INSTALLATION OF UNDERGROUND CABLE
TO SERVE THE CHESTERFIELD COUNTY JAIL RENOVATION
PROJECT
On motion of Mr. McHale, 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 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.
8.C.20. CONSIDERATION OF CHESTERFIELD COUNTY'S SUPPLEMENTAL
RETIREMENT PLAN (CCSRP) ~NT NUMBER ONE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved Amendment Number One to the Chesterfield County
Supplemental Retirement Plan.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.21. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.C.21.&. FROM THE DALE DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT TO PURCHASE A
STORAGE SHED FOR ATHLETIC EQUIPMENT AT JACOBS
ELEMENTARY SCHOOL ATHLETIC COMPLEX
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $5,000 from the Dale District Improvement Fund to
the Parks and Recreation Department to purchase a storage
shed for athletic equipment at Jacobs Elementary School
Athletic Complex.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.21.b. FROM THE CLOVER HiLL DISTRICT IMPROVEMENT FUND TO
THE SCHOOL BOARD TO ASSIST IN THE BUILDING OF A
WEIGHT ROOM AND TO PURCHASE WEIGHT ROOM SUPPLIES
FOR MANCHESTER HIGH SCHOOL
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $4,000 from the Clover Hill District Improvement
Fund to the School Board to assist in the building of a
weight room and to purchase weight room supplies for
Manchester High School.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.22. DESIGNATION OF CURRENT BALANCES AND APPROVAL OF
FY2004-FY2006 CMAQ AND STP PROJECT DEVELOPMENT
SCHEDULES
Mr. McHale stated, although he does not support diversion of
funds to the LINK, he does support the other projects and
therefore will support the request.
03-569
07/23/03
Mr. Miller stated he concurs with Mr. McHale.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
approved designations of current balances and the FY2004-
FY2006 Congestion Mitigation/Air Quality (CMAQ) and Surface
Transportation Program (STP) Project Development Schedules.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.23. TRANSFER FUNDS FOR SOUTHLAKE BOULEVARD TURN LANE AT
MIDLOTHIAN TURNPIKE
On motion of Mr. McHale, seconded by Mr. Barber, the Board
transferred $50,000 from the General Road Improvement Account
for the construction of a turn lane on Southlake Boulevard at
Midlothian Turnpike.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
The following items were removed from the Consent Agenda for
public comment:
8.C.6. TRANSFER OF FUNDS FROM THE RESERVE FOR FUTURE CAPITAL
PROJECTS FOR THE RECRUITMENT PHASE OF THE CLOVERLEAF
MALL AREA STUDY
Mr. George Beadles offered various suggestions for developing
the Cloverleaf Mall Area and stated it will be an interesting
project to watch.
No one else came forward to speak to the issue.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the Board
transferred $44,000 from the Reserve for Future Capital
Projects to the Planning Department to cover the costs of the
nationwide recruitment of a developer for the Cloverleaf Mall
area.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.7. REFER TO PLANNIN~ COMMISSION THE ZONIN~ ORDINANCE
AMENDMENT RELATIVE TO SIGNS WITHIN ROAD RIGHTS OF
WAY
Mr. George Beadles stated he supports the proposed amendment.
No one else came forward to speak to the issue.
Mr. Barber inquired whether the proposed ordinance would
apply to church banners.
Mr. Jacobson stated the ordinance applies to all permanent
freestanding signs and their location relative to the public
right of way.
On motion of Mr. McHale, seconded by Mr. Barber, the Board
referred a zoning ordinance amendment relative to signs
03-570
07/23/03
within road rights of way to the Planning Commission for
public hearing and recommendation.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.21.C. FROM THE BERMUDA, CLOVER HILL, DALE, MATOACA AND
MIDLOTHIAN DISTRICT IMPROVEMENT FUNDS TO THE
CHESTERFIELD COUNTY PARKS AND RECREATION
DEPARTMENT TO ERECT A VOLUNTEER MONUMENT IN EACH
MAGISTERIAL DISTRICT
Mr. George Beadles stated he feels this is a waste of money
and most volunteers would rather have the funds donated to
the program they volunteer for.
No one else came forward to speak to the issue.
Mrs. Humphrey expressed concerns relative to limiting the
recognition to volunteers of the county's public recreation
program and inquired whether the monuments could also
recognize heroes. She requested that the words ~or heroes"
be added to the motion when it is made.
Mr. McHale stated the Parks and Recreation Advisory
Commission was very passionate about focusing the monuments
on volunteers in the public recreation program. He further
stated he feels it is appropriate to recognize heroes
separately, without diminishing the effect of volunteer
recognition.
Mrs. Humphrey made a motion for the Board to transfer $2,500
each from the Bermuda, Clover Hill, Dale, Matoaca and
Midlothian District Improvement Funds (total of $12,500) to
the Parks and Recreation Department to erect a volunteer
monument in each magisterial district to recognize volunteers
or heroes who have significantly influenced the county's
public recreation program.
Mr. Miller stated he feels it might be more meaningful to
reserve heroes for a separate designation.
Mrs. Humphrey amended her motion to delete the words ~or
heroes."
Mr. McHale seconded the motion.
Mr. Warren called for a vote on the motion of Mrs. Humphrey,
seconded by Mr. McHale, for the Board to transfer $2,500 each
from the Bermuda, Clover Hill, Dale, Matoaca and Midlothian
District Improvement Funds (total of $12,500) to the Parks
and Recreation Department to erect a volunteer monument in
each magisterial district to recognize volunteers who have
significantly influenced the county's public recreation
program.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-571
07/23/03
8.C.21.d. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
POLICE DEPARTMENT TO PAY FOR THE COST OF POLICE
COVERAGE FOR THE CHESTER KIWANIS CLUB CELTIC
HERITAGE FESTIVAL
Mr. George Beadles expressed concerns relative to the
confusion about Parks and Recreation co-sponsoring the Celtic
Heritage Festival. He further stated, although he feels this
is a waste of taxpayer dollars, all districts should have to
share the cost if Parks and Recreation was at fault in
creating the confusion.
No one else came forward to speak to the issue.
On motion of Mr. McHale, seconded by Mr. Warren, the Board
transferred $3,475 from the Bermuda District Improvement Fund
to the Police Department to pay for the cost of police
coverage for the Chester Kiwanis Club's Celtic Heritage
Festival.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
8.C.24.
REQUEST TO AID THE CROWDER TRUST IN THE ACQUISITION
OF OFFSITE SEWER AND TEMPORARY CONSTRUCTION
Mr. George Beadles stated he feels eminent domain requests
should be handled by private law firms and developers would
stop coming to the county for assistance.
No one else came forward to speak to the issue.
Mr. McHale made a motion for the Board to authorize Right of
Way staff to aid the Crowder Trust in the acquisition of a
sewer easement and temporary construction easements, subject
to the developer executing a contract agreeing to pay all
costs.
Mr. McHale stated it is customary for the Board to assist
developers when property owners cannot come to an agreement
so that projects can move forward.
Mr. Warren seconded Mr. McHale's motion.
Mr. Barber stated he has turned down eminent domain requests
if property owners are put in unfair positions, but that does
not appear to be the case in this situation.
Mr. Warren called for a vote on the motion of Mr. McHale,
seconded by Mr. Warren, for the Board to authorize Right of
Way staff to aid the Crowder Trust in the acquisition of a
sewer easement and temporary construction easements, subject
to the developer executing a contract agreeing to pay all
costs.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
9. HEARINGS OF CITIZENS ON UNSCHEDULEDMATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
03-572
07/23/03
10. REPORTS
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
accepted the following reports:
A report on Developer Water and Sewer Contracts; and a status
report on the General Fund Balance, Reserve for Future
Capital Projects, District Improvement Funds and Lease
Purchases.
And, further, the following roads were accepted
State Secondary System:
into the
ADDITION LENGTH
BRANDY OAKS, SECTION 6
Effective 6/20/03
Brandy Oaks Boulevard (Route 5369) - From
0.78 mile north of Beach Road (Route 655)
to Brandy Oaks Road (Route 4322)
Brandy Oaks Boulevard (Route 5369) - From
Brandy Oaks Road (Route 4322) to Mountcastle
Road (Route 5368)
Brandy Oaks Boulevard (Route 5369) - From
Mountcastle Road (Route 5368) to Cul-de-sac
Brandy Oaks Road (Route 4322) - From Brandy
Oaks Boulevard (Route 5369) to 0.46 mile west
of Brandy Oaks Boulevard (Route 5369)
Mountcastle Place (Route 5546) - From
Mountcastle Road (Route 5368) to Cul-de-sac
Mountcastle Road (Route 5368) - From
Brandy Oaks Boulevard (Route 5369) to
Mountcastle Place (Route 5546)
Mountcastle Road (Route 5368) - From
Mountcastle Place (Route 5546) to 0.10 mile
west of Mountcastle Place (Route 5546)
CLUB CREST, SECTION 3 AT RIVERS BEND
Effective 6/23/03
Club Ridge Drive (Route 4752) - From 0.02
mile north of Club Ridge Court (Route 4753)
to Club Ridge Terrace (Route 5524)
Club Ridge Drive (Route 4752) - From Club
Ridge Terrace (Route 5524) to Cul-de-sac
Club Ridge Terrace (Route 5524)- From Club
Ridge Drive (Route 4752) to Cul-de-sac
COALBROOK, SECTION 2
Effective 6/20/03
Coalbrook Drive (Route 5529) - From Grove Pond
Drive (Route 5527) to Heth Drive (Route 5530)
0.07 Mi
0.20 Mi
0.05 Mi
0.46 Mi
0.06 Mi
0.19 Mi
0.10 Mi
0.03 Mi
0.23 Mi
0.19 Mi
0.09 Mi
03-573
07/23/03
Coalbrook Drive (Route 5529) - From Heth Drive
(Route 5530) to 0.03 mile north of Heth Drive
(Route 5530)
Coalbrook Drive (Route 5529) - From Grove Hill
Road (Route 5471) to Grove Pond Drive (Route
5527)
Grove Pond Drive (Route 5527) - From Coalbrook
Drive (Route 5529) to 0.08 mile east of Coalbrook
Drive (Route 5529)
Heth Drive (Route 5530) - From Heth Place (Route
5531) to 0.04 mile west of Heth Place (Route 5531)
Heth Drive (Route 5530) - From Coalbrook Drive
(Route 5529) to Heth Place (Route 5531)
Heth Drive (Route 5530) - From Heth Place (Route
5531) to Heth Place (Route 5531)
Heth Place (Route 5531) - From Heth Drive (Route
5530) to Heth Drive (Route 5530)
JESSUP FARMS, SECTION F
Effective 6/18/03
Calavetti Court (Route 5548) - From Calavetti
Drive (Route 5439) to Cul-de-sac
Calavetti Drive (Route 5439) - From 0.03 mile
west of Hackney Road (Route 2326) to Calavetti
Court (Route 5548)
Calavetti Drive (Route 5439) - From Calavetti
Loop (Route 5547) to Cul-de-sac
Calavetti Drive (Route 5439) - From Calavetti
Loop (Route 5547) to Calavetti Loop (Route 5547)
Calavetti Drive (Route 5439) - From Calavetti
Court (Route 5548) to Calavetti Loop (Route 5547)
Calavetti Loop (Route 5547) - From Calavetti
Drive (Route 5439) to Calavetti Drive (Route 5439)
WEDGEWOOD, SECTION 4
Effective 6/18/03
Abingdon Road (Route 1438) - From 0.03 mile
south of Abingdon Court (Route 2732) to Jimmy
Ridge Drive (Route 5532)
Jimmy Ridge Drive (Route 5532) - From 0.06 mile
east of Lady Sarah Court (Route 5533) to Lady
Sarah Court (Route 5533)
Jimmy Ridge Drive (Route 5532) - From Abingdon
Road (Route 1438) to Lady Sarah Court (Route
5533)
Jimmy Ridge Drive (Route 5532) - From Lady
Sarah Court (Route 5533) to 0.06 mile east of
Lady Sarah Court (Route 5533)
03-574
0.03 Mi
0.06 Mi
0.08 Mi
0.04 Mi
0.07 Mi
0.02 Mi
0.05 Mi
0.03 Mi
0.07 Mi
0.04 Mi
0.03 Mi
0.04 Mi
0.05 Mi
0.04 Mi
0.09 Mi
0.09 Mi
0.06 Mi
07/23/03
Jimmy Ridge Drive (Route 5532) - From Abingdon
Road (Route 1438) to Cul-de-sac
Lady Sarah Court (Route 5533) - From Jimmy
Ridge Drive (Route 5532) to Cul-de-sac
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
0.04 Mi
0.03 Mi
11. DINNER
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
recessed to the Administration Building, Room 502, for
dinner.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Reconvening:
12. INVOCATION
Mr. Malik Khan, President of the Islamic Center of Virginia
gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Seaman Michael Whichard led the Pledge of Allegiance to the
flag of the United States of America.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
14.A. RECOGNIZING LIEUTENANT COMMANDER KARL LEONARD, PORT
SECURITY MAN CHIEF RICHARD REESE, PORT SECURITY MAN
THIRD CLASS ROBERT WHITE, MACHINERY TECHNICIAN THIRD
CLASS PERRY LYNCH, AND SEAMAN MICHAEL WHICHARD FOR
THEIR CONTRIBUTIONS TO ~OPERATION iRAQI FREEDOM"
Colonel Baker introduced Lieutenant Commander Karl Leonard,
Port Security Man Chief Richard Reese, Port Security Man
Third Class Robert White, Machinery Technician Third Class
Perry Lynch and Seaman Michael Whichard who were present to
receive the resolutions.
On motion of the Board, the following resolution was adopted:
WHEREAS, America has just completed a war with the
regime of Iraqi dictator Saddam Hussein; and
WHEREAS, this military operation, named "Operation Iraqi
Freedom," was conducted to free the people of Iraq from years
of tyranny and to make the United States, and the world,
safer; and
WHEREAS, among the hundreds of thousands of military
personnel mobilized for this war effort were scores of
Chesterfield County residents who serve in the reserve
components of the various military services; and
03-575
07/23/03
WHEREAS, Lieutenant Commander Karl Leonard, United
States Coast Guard is one of the courageous Americans who
answered the call to duty in ~Operation Iraqi Freedom"
unflinchingly and honorably; and
WHEREAS, this Board of Supervisors supports the
President and our troops, and commends the reserve military
personnel who served in "Operation Iraqi Freedom" for their
courageous service and sacrifice; and
WHEREAS, the families of these military men and women
also bear a great sacrifice and uncertainty in the absence of
their loved ones serving in far-off lands; and
WHEREAS, it is appropriate to recognize the courage and
sacrifice of our reservists and their families during this
difficult time.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of July 2003,
publicly recognizes the sacrifice and courage of Lieutenant
Commander Karl Leonard, who served in "Operation Iraqi
Freedom," and expresses its gratitude to him for making the
world a safer place for freedom-loving people everywhere.
And, further, the Board adopted the following resolution:
WHEREAS, America has just completed a war with the
regime of Iraqi dictator Saddam Hussein; and
WHEREAS, this military operation, named ~Operation Iraqi
Freedom," was conducted to free the people of Iraq from years
of tyranny and to make the United States, and the world,
safer; and
WHEREAS, among the hundreds of thousands of military
personnel mobilized for this war effort were scores of
Chesterfield County residents who serve in the reserve
components of the various military services; and
WHEREAS, Port Security Man Chief Richard Reese, United
States Coast Guard is one of the courageous Americans who
answered the call to duty in ~Operation Iraqi Freedom"
unflinchingly and honorably; and
WHEREAS, this Board of Supervisors supports the
President and our troops, and commends the reserve military
personnel who served in "Operation Iraqi Freedom" for their
courageous service and sacrifice; and
WHEREAS, the families of these military men and women
also bear a great sacrifice and uncertainty in the absence of
their loved ones serving in far-off lands; and
WHEREAS, it is appropriate to recognize the courage and
sacrifice of our reservists and their families during this
difficult time.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of July 2003,
publicly recognizes the sacrifice and courage of Port
Security Man Chief Richard Reese, who served in ~Operation
03-576
07/23/03
Iraqi Freedom," and expresses its gratitude to him for making
the world a safer place for freedom-loving people everywhere.
And, further, the Board adopted the following resolution:
WHEREAS, America has just completed a war with the
regime of Iraqi dictator Saddam Hussein; and
WHEREAS, this military operation, named "Operation Iraqi
Freedom," was conducted to free the people of Iraq from years
of tyranny and to make the United States, and the world,
safer; and
WHEREAS, among the hundreds of thousands of military
personnel mobilized for this war effort were scores of
Chesterfield County residents who serve in the reserve
components of the various military services; and
WHEREAS, Port Security Man Third Class Robert White,
United States Coast Guard is one of the courageous Americans
who answered the call to duty in "Operation Iraqi Freedom"
unflinchingly and honorably; and
WHEREAS, this Board of Supervisors supports the
President and our troops, and commends the reserve military
personnel who served in ~Operation Iraqi Freedom" for their
courageous service and sacrifice; and
WHEREAS, the families of these military men and women
also bear a great sacrifice and uncertainty in the absence of
their loved ones serving in far-off lands; and
WHEREAS, it is appropriate to recognize the courage and
sacrifice of our reservists and their families during this
difficult time.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of July 2003,
publicly recognizes the sacrifice and courage of Port
Security Man Third Class Robert White, who served in
"Operation Iraqi Freedom," and expresses its gratitude to him
for making the world a safer place for freedom-loving people
everywhere.
And, further, the Board adopted the following resolution:
WHEREAS, America has just completed a war with the
regime of Iraqi dictator Saddam Hussein; and
WHEREAS, this military operation, named ~Operation Iraqi
Freedom," was conducted to free the people of Iraq from years
of tyranny and to make the United States, and the world,
safer; and
WHEREAS, among the hundreds of thousands of military
personnel mobilized for this war effort were scores of
Chesterfield County residents who serve in the reserve
components of the various military services; and
WHEREAS, Machinery Technician Third Class Perry Lynch,
United States Coast Guard is one of the courageous Americans
who answered the call to duty in ~'Operation Iraqi Freedom"
unflinchingly and honorably; and
03-577
07/23/03
WHEREAS, this Board of Supervisors supports the
President and our troops, and commends the reserve military
personnel who served in "Operation Iraqi Freedom" for their
courageous service and sacrifice; and
WHEREAS, the families of these military men and women
also bear a great sacrifice and uncertainty in the absence of
their loved ones serving in far-off lands; and
WHEREAS, it is appropriate to recognize the courage and
sacrifice of our reservists and their families during this
difficult time.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of July 2003,
publicly recognizes the sacrifice and courage of Machinery
Technician Third Class Perry Lynch, who served in "Operation
Iraqi Freedom," and expresses its gratitude to him for making
the world a safer place for freedom-loving people everywhere.
And, further, the Board adopted the following resolution:
WHEREAS, America has just completed a war with the
regime of Iraqi dictator Saddam Hussein; and
WHEREAS, this military operation, named ~Operation Iraqi
Freedom," was conducted to free the people of Iraq from years
of tyranny and to make the United States, and the world,
safer; and
WHEREAS, among the hundreds of thousands of military
personnel mobilized for this war effort were scores of
Chesterfield County residents who serve in the reserve
components of the various military services; and
WHEREAS, Seaman Michael Whichard, United States Coast
Guard is one of the courageous Americans who answered the
call to duty in ~Operation Iraqi Freedom" unflinchingly and
honorably; and
WHEREAS, this Board of Supervisors supports the
President and our troops, and commends the reserve military
personnel who served in "Operation Iraqi Freedom" for their
courageous service and sacrifice; and
WHEREAS, the families of these military men and women
also bear a great sacrifice and uncertainty in the absence of
their loved ones serving in far-off lands; and
WHEREAS, it is appropriate to recognize the courage and
sacrifice of our reservists and their families during this
difficult time.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of July 2003,
publicly recognizes the sacrifice and courage of Seaman
Michael Whichard, who served in ~Operation Iraqi Freedom,"
and expresses its gratitude to him for making the world a
safer place for freedom-loving people everywhere.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-578
07/23/03
Mr. Warren presented the executed resolutions to each of the
reservists, accompanied by members of their families, and
commended them upon their courageous service in "Operation
Iraqi Freedom."
A standing ovation followed.
Lieutenant Commander Leonard expressed appreciation to the
Board for its support of military reservists.
14.B. RECOgNIZiNG MR. KEITH DANIELS FOR HIS DEDICATION TO
THE YOUTH OF CHESTERFIELD COUNTY AND HIS COMMITMENT
AND PARTiCIPATiON IN MONACAN HIGH SCHOOL ATHLETICS
Mr. Hammer introduced Mr. Keith Daniels who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, participation in high school athletics has long
been an integral part in the physical and emotional
development of the youth of Chesterfield County; and
WHEREAS, Mr. Keith Daniels has been an inspiration and
leader in teaching and coaching for over 25 years; and
WHEREAS, as coach of the Monacan High School Girls
Varsity Softball Team, Mr. Daniels has over 301 career wins
including twelve Dominion District Championships, seven
Dominion District Tournament Championships, two Central
Region Championships and has participated five times in the
Group AAA Virginia State Championship Tournament; and
WHEREAS, Mr. Daniels has been a seven-time recipient of
Dominion District Coach of the Year; a four-time recipient of
the Central Region Coach of the Year; and has been selected
twice to coach the Virginia High School League Girls Softball
All-Star Game; and
WHEREAS, Mr. Daniels' 300-win milestone in Girls Varsity
Softball was determined climatically by his daughter
Brittany, who had the game's winning hit.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of July 2003,
publicly recognizes Mr. Keith Daniels for his dedicated and
unselfish commitment to the youth of Chesterfield County, and
wishes him continued success in Monacan High School Athletics
and other endeavors.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Daniels 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 Mr. Daniels,
accompanied by several students he has coached and members of
his family, congratulated him on his coaching accomplishments
and wished him continued success.
03-579
07/23/03
Ms. Deborah Hinton, Principal of Monacan High School,
commended Mr. Daniels on the high expectations he sets and
the encouragement he provides to the students.
Mr. Daniels stated outstanding academic and athletically
talented students have contributed to his success as a coach.
He expressed appreciation to his assistant coaches, Ms.
Hinton and his family members for their support.
14.C. RECCX3NIZING AUGUST 5, 2003,~ AS ~NATIONAL NIGHT OUT" IN
CHESTERFIELD COUNTY
Colonel Baker introduced Mr. Frank Dial, Mr. Walter Stith,
Ms. Clem Futrell and Mr. Ric McGrath who were present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, each year in August, communities across the
nation band together to demonstrate their unity in the fight
against crime; and
WHEREAS, this show of solidarity by law-abiding citizens
has been named "National Night Out"; and
WHEREAS, the National Night Out event taking place on
August 5, 2003 will be the 20th annual event of this type; and
WHEREAS, last year's National Night Out campaign
involved citizens, law enforcement agencies, civic groups,
businesses, neighborhood organizations and local officials
from 9,800 communities in 50 states, U.S. territories,
Canadian cities and military bases worldwide; and
WHEREAS, National Night Out is designed to heighten
crime and drug prevention awareness; and
WHEREAS, this event also generates support for, and
participation in, local anti-crime programs; and
WHEREAS, National Night Out strengthens neighborhood
spirit and the relationships between police and the
communities; and
WHEREAS, these events send a message to criminals that
the communities are organized and fighting back against
crime; and
WHEREAS, Chesterfield County has as one of its strategic
goals: ~To be the safest and most secure community compared
to similar jurisdictions"; and
WHEREAS, National Night Out is an important component in
the effort to achieve that goal.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of July 2003,
hereby recognizes August 5, 2003, as ~National Night Out" in
Chesterfield County, Virginia; thanks police, neighborhood
watch groups and all others who have joined to prevent crime;
and urges all residents and businesses, in Chesterfield County
to turn on their porch lights and other exterior lights and
03-580
07/23/03
to gather with friends and neighbors on August 5, 2003 to
demonstrate their unity in the fight against crime.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
Board members presented the executed resolutions to Mr. Dial,
Mr. Stith, Ms. Futrell and Mr. McGrath.
Mr. Miller expressed appreciation for the support of
neighborhood watch groups in crime prevention in the county.
Mr. Dial expressed appreciation to Colonel Baker and Mr.
Warren for assisting with the Bexley community's neighborhood
watch group.
Mr. Stith expressed appreciation for the recognition and
stated the Matoaca-College Park neighorhood watch group will
continue to work with the Police Department to ensure that
the neighborhood continues to be safe.
14.D. SUPPORTING THE DEVELOPMENT OF AN AUTISM AWARENESS
STAMP
Mr. Hammer introduced Ms. Tamara Altizer and Ms. Mary Hampton
who were present to receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, autism is a disorder characterized by a set of
symptoms that affect individuals by delaying their
understanding and use of language, causing unusual responses
to sensory stimuli, causing resistance to change and
insistence on routines, and further characterized by
difficulties with typical social interactions; and
WHEREAS, it is estimated that more than 1,700 Virginia
residents have autism; and
WHEREAS, this marks more than a 200 percent increase in
autism cases in Virginia in less than ten years; and
WHEREAS, those affected by autism must participate in
and compete in a world that is already challenging, but do so
with diminished small motor skills, auditory processing
disturbances and other sensory difficulties, eating
disorders, sleep disorders and a host of other possible
symptoms; and
WHEREAS, according to the National Institutes of Health,
autism will affect one in every 500 new births; and
WHEREAS, autism is now more common than Downs Syndrome,
Cystic Fibrosis or Multiple Sclerosis, and is the third most
common developmental disorder; and
WHEREAS, it is estimated that autism costs more than $13
billion per year in related expenditures in the U.S.; and
WHEREAS, this economic burden translates to more than
$36 million per day; and
03-581
07/23/03
WHEREAS, increased awareness of this disorder and the
devastating effects it has on families may help in the fight
to find new preventive measures and treatments; and
WHEREAS, Representative Richard Baker of Baton Rouge,
Louisiana has introduced in Congress a resolution dealing
with autism, and has support from 46 members of Congress; and
WHEREAS, the resolution would ask the U. S. Postal
Service to develop a postage stamp designed to increase
autism awareness; and
WHEREAS, development of such a stamp would be a fitting
way to increase public awareness of this debilitating
disease.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 23rd day of July 2003,
publicly recognizes the severe social implications of autism,
the special challenges it presents to,those afflicted by it,
and to their families, and in recognition of the importance
of education and public awareness in the fight against
autism, this Board of Supervisors hereby supports the
resolution brought forth by Representative Baker, and
supports having the U. S. Postal Service design an autism
awareness postage stamp.
Ayes: Warren, McHale, Barber, Humphrey~and Miller.
Nays: None.
Mr. McHale presented executed resolutions to Ms. Altizer and
Ms. Hampton and expressed appreciation for their efforts to
promote a nationwide awareness of autism.
Ms. Altizer expressed appreciation for the Board's support of
autism awareness.
14.E. RECOGNIZIN~ JOEL GRAYSON OSER UPON ATTAININ~ THE RANK
OF EA~LE SCOUT
Mr. Hammer introduced Mr. Joel Oser 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. Joel Grayson Oser, Troop 800, sponsored by
Bethel Baptist Church, has accomplished those high standards
of commitment and has reached the long-sought goal of Eagle
03-582
07/23/03
Scout, which is earned by only four percent
individuals entering the Scouting movement; and
of those
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, Joel 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 23rd day of July 2003,
publicly recognizes Mr. Joel Grayson Oser, 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. Oser, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in
his future endeavors.
Mr. Oser expressed appreciation to the Board for the
recognition and also to his mother, Swift Creek Presbyterian
Church, members of his troop and scoutmaster for their
support.
15. REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE HEARD IN THE FOLLOWING ORDER~
- WITHDRAWALS/DEFERRALS - CASES WHERE THE APPLI~
ACCEPTS THE HECOMMENDATIONAND 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
03SN0214 (Amended)
In Matoaca Magisterial District, JAMES M. BLALOCK requests
amendment to Conditional Use Planned Development (Case
95SN0307) and amendment of zoning district map relative to
uses, hours of operation and gross floor area for property
known as Tract 6. 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 in a Residential (R-9) District on 6.5
acres lying approximately 1,340 feet off the north line of
Genito Road, measured from the intersection of Genito and
Woolridge Roads. Tax ID 719-687-Part of 2732 (Sheet 9).
Mr. Jacobson stated Mrs. Humphrey has requested a deferral
until November 25, 2003.
Mrs. Humphrey stated road improvements are underway in the
vicinity of the proposed development and she does not feel
Board members have had enough time to thoroughly review the
Planning Commission's recommendation; therefore, she will
request a deferral until November 25, 2003 to allow for
completion of the road improvements.
Mr. Warren called for public comment.
03-583
07/23/03
No one came forward to speak to the deferral request.
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
deferred Case 03SN0214 until November 25, 2003.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
01SN0149
In Bermuda Magisterial District, MILLER OIL COMPANY, INC.
requests amendment to Conditional Use Planned Development
(Case 97SN0150) and amendment of zoning district map relative
to the hours of operation for a convenience/combination
store. Specifically, twenty-four (24) hour operation is
proposed. The density of such amendment will be controlled
by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
neighborhood commercial use.. This request lies on 2.14 acres
fronting approximately 450 feet on the north line of West
Hundred Road, also fronting approximately 210 feet on the
west line of Rock Hill Road and is located in the northwest
quadrant of the intersection of these roads. Tax ID 797-655-
3409 (Sheet 26).
Mr. Jacobson stated the applicant has requested that the case
be remanded to the Planning Commission.
Mr. LaVerne Cole, representing the applicant, requested that
the case be remanded to the Planning Commission.
Mr. Warren called for public comment.
No one came forward to speak to the remand request.
After brief discussion, on motion of Mr. McHale, seconded by
Mr. Warren, the Board remanded Case 01SN0149 to the Planning
Commission.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SR0270
In Dale Magisterial District, BONNIE L. NUCKOLES requests
renewal of Manufactured Home Permit 96SR0137 to park a
manufactured home in a Residential (R-7) District. The
density of this proposal is approximately 2.28 units per
acre. The Comprehensive Plan suggests the property is
appropriate for residential use of 1.00 to 2.5 units per
acre. This property is known as 6709 Old Zion Hill Road.
Tax ID 772-679-0220 (Sheet 17).
Mr. Jacobson presented a summary of Case 03SR0270 and stated
staff recommends approval subject to conditions.
Ms. Bonnie Nuckoles stated the recommendation is acceptable.
Mr. Warren called for public comment.
03-584
07/23/03
No one came forward to speak to the request.
After brief discussion, on motion of Mr. Miller, seconded by
Mrs. Humphrey, the Board approved Case 03SR0270 for seven
years subject to the following conditions:
The applicant shall be the owner and occupant of the
manufactured home.
o
Manufactured home permit shall be granted for a period
not to exceed seven (7) years from date of approval.
o
No lot or parcel may be rented or leased for use as a
manufactured home site nor shall any manufactured home
be used for rental property.
o
No additional permanent-type living space may be added
onto a manufactured home. All manufactured homes shall
be skirted but shall not be placed on a permanent
foundation.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
038R0323
In Bermuda Magisterial District, ELEANOR S. TEMPLE requests
renewal of Manufactured Home Permit 96SN0121 to park a
manufactured home in a Residential (R-7) District. The
density of this property is approximately 1.46 units per
acre. The Comprehensive Plan suggests the property is
appropriate for residential use of 1.01 to 2.50 units per
acre. This property is known as 2701 Shields Road. Tax ID
796-659-8191 (Sheet 26).
Mr. Jacobson presented a summary of Case 03SR0323 and stated
staff recommends approval subject to conditions.
Ms. Eleanor Temple stated the recommendation is acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved Case 03SR0323 for seven years subject to the
following conditions:
The applicant shall be the owner and occupant of the
manufactured home.
o
Manufactured home permit shall be granted for a period
not to exceed seven (7) years from date of approval.
No lot or parcel may be rented or leased for use as a
manufactured home site nor shall any manufactured home
be used for rental property.
o
No additional permanent-type living space may be added
onto a manufactured home. All manufactured homes shall
be skirted but shall not be placed on a permanent
foundation.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03-585
07/23/03
03SN0221 (Amended)
In Bermuda Magisterial District, JEFFREY D. AND JULIA BOWMAN
request rezoning and amendment of zoning district map from
Residential (R-7) to Neighborhood Business (C-2) with
Conditional Use Planned Development to permit exceptions to
Zoning Ordinance requirements. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for neighborhood commercial use. This request
lies on 1.3 acres fronting approximately 165 feet on the
south line of Old Hundred Road, 290 feet on the east line of
Harrowgate Road and 210 feet on the west line of Percival
Street and is located at the intersection of these roads.
Tax IDs 789-654-1548 and 2755 (Sheet 26).
Mr. Jacobson presented a summary of Case 03SN0221 and stated
the Planning Commission and staff recommend approval subject
to one condition and acceptance of the proffered conditions.
He noted the request conforms to the Chester Village Plan.
Mr. Dean Hawkins, representing the applicant,
recommendation is acceptable.
stated the
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
Mrs. Humphrey, the Board approved Case 03SN0221 subject to
the following condition:
A nine (9) space exception to the fourteen (14) parking
spaces required shall be granted for a photography studio use
only. (P)
And, further,
conditions:
the Board accepted the following proffered
1. Uses shall be limited to the following:
a)
b)
c)
d)
e)
f)
g)
h)
i)
J)
k)
1)
m)
n)
o)
p)
Bakery Goods Store
Barber or Beauty Shop
Book, Stationery, Newspaper or Magazine Store
Brokerage
Camera Store
Candy Store
Dry Cleaning, pick-up and drop-off; pressing;
laundry and Laundromat; not to include dry cleaning
plants
Florist Shop
Nursery Schools and Child or Adult Day Care Centers
and Kindergartens
Offices
Shoe Repair Shop
Tailor and Dressmaking Shops
Antique Shops, not to include pawnbrokers, indoor
and outdoor flea markets and second hand
consignment stores
Art Schools, Galleries or Museums
Artist Material and Supply Stores
Catering Establishments
03-586
07/23/03
q) Churches and/or Sunday Schools
r) Clothing Stores
s) Curio or Gift Shops
t) Eyewear Sales and Services
u) Hobby Stores
v) Jewelry Stores
w) Libraries
x) Locksmith Operations
y) Medical Facilities or Clinics
z) Musical Instrument Stores
aa) Office Supply Stores
bb) Photography Studios
cc) Restaurants, to include carry-out, but not fast
food restaurants
dd) Schools- music, dance and business
ee) Sewing Machine sales, instruction and services
ff) Sporting Goods sales
Toy Stores (P)
o
No direct vehicular access shall be provided from the
property to Harrowgate Road or Old Hundred Road. (T)
o
Unless removal is necessitated by a public project, the
two existing large maples trees along Old Hundred Road
and the one large black oak tree along Harrowgate Road
shall be preserved. Nothing herein shall limit the
removal of diseased, dying or dead trees. (P)
Prior to the construction of any additional buildings or
on-site vehicular parking areas, the architectural and
site plans shall be reviewed by the Planning Commission
for approval. (P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0274
In Dale Magisterial District, CHESTERFIELD COUNTY BOARD OF
SUPERVISORS requests Conditional Use and amendment of zoning
district map to permit a boarding house 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 of 2.51 to 4.0 units per acre. This request
lies on 0.8 acre and is known as 5155 Iron Bridge Road. Tax
ID 777-688-2813 (Sheet 11).
Mr. Jacobson presented a summary of Case 03SN0274 and stated
the Planning Commission and staff recommend approval subject
to conditions.
Mr. Kirk Turner, representing the applicant, stated the
recommendation is acceptable. He recognized Mr. Richard
Wells who was present at the meeting representing Saint
Barnabas Episcopal Church.
Mr. Wells indicated the recommendation is acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
03-587
07/23/03
Mr. Miller made a motion, seconded by Mr. Barber, for the
Board to approve Case 03SN0274 subject to conditions.
Discussion ensued relative to the proposed use of the
property as a boarding house for women and children in a
crisis or homeless situation.
Mrs. Humphrey expressed concerns that this type of use has to
be advertised and a map becomes part of the public record.
Mr. Warren called for a vote on the motion of Mr. Miller,
seconded by Mr. Barber, for the Board to approve Case
03SN0274 subject to the following conditions:
This Conditional Use shall be granted to and for St.
Barnabas Episcopal Church, exclusively, and shall not be
transferable nor run with the land. (P)
o
The maximum number of residents shall not exceed eight
(8) plus one (1) resident counselor. (P)
o
Other than normal maintenance, there shall be no
additions or alterations to the dwelling unit to
accommodate this use. (P)
4. There shall be no signs to identify this use. (P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0264
In Clover Hill Magisterial District, CHESTERFIELD COUNTY
BOARD OF SUPERVISORS requests Conditional Use Planned
Development and amendment of zoning district map to permit
exceptions to Ordinance requirements in a Residential
Townhouse (R-TH) District. The density of such amendment
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for mixed use corridor use. This request lies
off the north line of Duckridge Boulevard on 6.8 acres and is
known as Lakepointe. Tax IDs 722-672-2248 2450, 2553, 2757,
2960
4437
5432
6898
7769
8961
3162, 3345, 3543
4556, 4736, 4770
5630, 5646, 5659
6995, 7065, 7090
7971, 8055, 8272
9082, 9179, 9263
and 9967; 722-673-6800
3742, 3767, 4068
4857, 5134, 5171
5873, 5944, 5960
7149, 7184, 7187
8299, 8357, 8491
9376, 9396, 9464
6908, 7110, 7313
4139, 4255, 4369,
5348, 5358, 5372,
6174, 6375, 6763,
7351, 7367, 7652,
8588, 8658, 8786,
9594, 9691, 9888
8016, 8417, 8500,
8702, 8717, 9315, 9513 and 9812; 723-672-0085, 0168, 0282,
0470, 0872, 0899, 1074, 1096, 1294, 1376, 1490, 1687 and
1885; and 723-673-0308, 0405 and 0603 (Sheet 15).
Mr. Jacobson presented a summary of Case 03SN0264 and stated
the Planning Commission and staff recommend approval subject
to one condition.
Mr. Kirk Turner was present representing the applicant.
Mr. Jerry Stroud, representing the Lakepointe community,
stated the recommendation is acceptable.
03-588
07/23/03
Mr. Warren called for the public hearing.
No one came forward to speak to the request.
On motion of Mr. Warren, seconded by Mr. Miller, the Board
approved Case 03SN0264 subject to the following condition:
Rear Yards. Each lot shall have a rear yard of not less than
twenty-five (25) feet except that when the rear lot line of a
lot abuts recorded open space containing a minimum width
adjacent to the lot of ten (10) feet, then the rear yard of
such lot may be reduced to fifteen (15) feet. (P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0265
In Midlothian Magisterial District, BRUCE R. ANDERSON
requests rezoning and amendment of zoning district map from
Agricultural (A) and Light Industrial (I-l) to Light
Industrial (I-l) with Conditional Use Planned Development to
permit exceptions to Ordinance requirements. The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for light industrial use. This
request lies on 6.0 acres fronting approximately 700 feet on
the west line of Ruthers Road, approximately 10 feet north of
Provincetown Drive. Tax IDs 761-705-1052, 1874, 2862, 2954
and 3532 (Sheet 7).
Mr. Jacobson presented a summary of Case 03SN0265 and stated
the Planning Commission and staff recommend approval subject
to one condition and acceptance of the proffered conditions.
He noted the request conforms to the Eastern Midlothian Plan.
No one was present representing the applicant.
Mr. Warren called for the public hearing.
Mr. Barber stated he does not know why the applicant is not
present, but is comfortable with making a motion for approval
even though the applicant is not present.
No one came forward to speak to the request.
Mr. Miller stated applicants need to be made aware that they
should be present for all the public hearings regarding their
requests.
On motion of Mr. Barber, seconded by Mr. Warren, the Board
approved Case 03SN0265 subject to the following condition:
In conjunction with the granting of this request, an
exception to setbacks from the adjacent R-TH District shall
be granted along the western boundary of the site. Uses
shall be located at least thirty-five (35) feet from any R-TH
District, located to the west, provided building(s) are
designed to provide a screen of activity on the subject
property from the adjacent townhouse development, with no
openings in the wall facing the property line to the west
03-589
07/23/03
except for those necessary for fire/rescue access. Should
this screening design not be achieved, uses shall be located
at least fifty (50) feet from any R-TH District bordering the
western property line. (P)
And, further,
condition:
the Board accepted the following proffered
Prior to any site plan approval, thirty-five (35) feet of
right of way on the west side of Ruthers Road measured from
the centerline of that part of Ruthers Road immediately
adjacent to he property shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County.
(T)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
038N0272
In Bermuda Magisterial District, EDNA M. CLAIBORNE requests
amendment to Conditional Use (Case 89SN0301) and amendment of
zoning district map relative to an approved master plan and
to enrollment limitations at an existing child care center.
The density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for residential use of
1.5 units per acre or less. This request lies in an
Agricultural (A) District on 0.9 acre and is known as 14611
Woods Edge Road. Tax ID 805-643-6670 (Sheet 35).
Mr. Jacobson presented a summary of Case 03SN0272 and stated
the Planning Commission and staff recommend approval subject
to one condition and acceptance of one proffered condition.
Ms. Edna Claiborne stated the recommendation is acceptable.
Mr. Warren called for public comment.
No one came forward to speak to the request.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
approved Case 03SN0272 subject to the following condition:
Any additions, alterations or redevelopment of the site shall
conform to the development standards of the Zoning Ordinance
for Corporate Office (0-2) Districts in Emerging Growth
Areas. (P)
And, further, the Board accepted the following proffered
condition:
Prior to any site plan approval, forty-five (45) feet of
right-of-way on the east side of Woods Edge Road,
measured from the centerline of that part of Woods Edge
Road immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
Direct access from the property to Woods Edge Road shall
be limited to one (1) existing entrance/exit. (T)
03-590
07/23/03
Prior to enrollment of more than eighty (80) students,
additional pavement shall be constructed along Woods
Edge Road at the approved access to provide a left turn
lane. The developer shall dedicate to Chesterfield
County, free and unrestricted, any additional right-of-
way (or easements) required for these road improvements.
(T)
(Staff Note: This condition is in addition to Condition
3 of Case 89SN0301.)
(Note: With the approval of this request, Conditions 1 and 2
of Case 89SN0301 shall be deleted. All other conditions of
Cases 84S177 and 89SN0301 shall remain in effect.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0273 (Amended)
In Clover Hill Magisterial District, SHAMROCK LTD. LC
requests amendment to Conditional Use Planned Development
(Case 83S024) and amendment of zoning district map relative
to uses. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for office use.
This request lies in a Light Industrial (I-l) District on 1.5
acres fronting approximately 210 feet on the east line of
Johnston Willis Drive, approximately 210 feet north of Trade
Court. Tax IDs 746-707-6361 and Part of 6842 (Sheet 6).
Mr. Jacobson presented a summary of Case 03SN0273 and stated
the Planning Commission and staff recommend approval subject
to one condition and acceptance of the proffered conditions.
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. Warren, seconded by Mr. McHale, the Board
approved Case 03SN0273 subject to the following condition:
Motor vehicle services and repair facilities shall be
permitted as restricted by the proffered conditions. (P)
(Note: This condition supersedes Condition 15 of Case 83S024
for the request property only. All other conditions of
approval for Case 83S024 remain in effect.)
And, further,
conditions:
the Board accepted the following proffered
Automobile ~repair services" shall be limited to the
installation and maintenance of accessories on emergency
services vehicles. These shall be such items including,
but not limited to, sirens, light bars, radios, decals,
decorative accessories, detailing, etc. Repair services
shall not include engine, transmission or typical
maintenance services such as oil changes, tire rotation,
etc. (P)
03-591
07/23/03
o
A maximum of one (1) single bay of parking and a two-way
drive shall be located between any building and Johnston
Willis Drive. (P)
o
Vehicles awaiting ~repair" or pick-up shall be located
to the rear of the closest building to Johnston Willis
Drive. This area shall be enclosed by a maximum eight
(8) foot high chain link coated with black vinyl. (P)
o
The building materials and architectural elevations
shall be similar to those depicted in Exhibit
Overhead doors on the front of the building shall be
limited to a maximum of two (2) ten (10) foot doors.
(P)
o
There shall be no delivery of vehicles between the hours
of 11:00 pm and 6:00 am. (P)
(Note: These conditions are in addition to conditions of
approval for Case 83S024 and are intended for development of
a motor vehicle service and repair facility only.)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0285
In Clover Hill Magisterial District, BANNER CHRISTIAN SCHOOL
requests Conditional Use and amendment of zoning district map
to permit a private school in an Agricultural (A) District.
The density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for medium density
residential use of 1.51 to 4.0 units per acre. This request
lies on 8.3 acres and is known as 1501 South Providence Road.
Tax ID 755-698-4828 (Sheets 7 and 11).
Mr. Jacobson presented a summary of Case 03SN0285 and stated
the Planning Commission and staff recommend approval and
acceptance of the proffered conditions.
Mr. Tom Burkett, representing the applicant,
recommendation is acceptable.
stated the
Mr. Warren called for public comment.
No one came forward to speak to the request.
Mr. Warren made a motion, seconded by Mrs. Humphrey, for the
Board to approve Case 03SN0285 and accept the proffered
conditions.
Mr. Warren expressed appreciation to Bethany Place Baptist
Church for their assistance in relocating the Kids World
Learning Center following a fire.
Mr. Bob Mooney, representing Bethany Place Baptist Church,
expressed appreciation to the Board for its support of Banner
Christian School's request.
03-592
07/23/03
Mr. Warren called for a vote on his motion, seconded by Mrs.
Humphrey, for the Board to approve Case 03SN0285 and accept
the following proffered conditions:
1. The operation of the private school shall be in
conjunction with a church use only. (P)
o
This Conditional Use shall be granted for a period not
to exceed two (2) years from the date of the approval.
(P)
There shall be no construction of new buildings nor
additions or exterior alterations to the existing
buildings to accommodate this use except those required
by the Virginia Uniform Statewide Building Code
(VAUSBC). (P)
The following setback criteria shall apply to any
outdoor play fields, courts, swimming pools and similar
active recreational areas:
With the exception of playground areas which
accommodate swings, jungle gyms or similar such
facilities, all active play fields, courts,
swimming pools or similar active recreational
facilities which could accommodate organized sports
such as football, soccer, basketball, etc., shall
be located a minimum of 100 feet from adjacent
properties to the north, south and east. Within
this setback, existing vegetation shall be
supplemented, where necessary, with landscaping or
other devices designed to achieve the buffering
standards contained in Section 19-522(a) (2) of the
Zoning Ordinance.
bo
If active play fields, courts, swimming pools and
similar active recreational areas are setback more
than 100 feet from the adjacent properties to the
north, south and east, the landscaping or other
design features described in Condition 2.a. may be
modified by the Planning Department at the time of
site plan review. Such modification shall
accomplish mitigation of the visual and noise
impacts that sports or related activities have on
adjacent properties equivalent to the 100 foot
setback/landscaping requirements described in
Condition 2.a.
Any new playground areas (swings, jungle qyms or
similar such facilities) shall be setback a minimum
of forty (40) feet from all property lines. (P)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16. PUBLIC HEARINGS
16.A. TO CONSIDER ADOPTION OF THE COURTHOUSE AREA DESIGN
DISTRICT
Mr. James Bowling, Principal Planner stated that this date
and time has been advertised for a public hearing to consider
03-593
07/23/03
an ordinance relating to the Courthouse Area Design District.
He further stated the proposed ordinance would require new
development or redevelopment in the vicinity of the historic
Chesterfield County Courthouse to incorporate architectural
features that enhance and compliment existing historic
structures in the area.
Mr. Warren called for public comment.
No one came forward to speak to the ordinance.
On motion of Mr. Miller, seconded by Mr. Barber, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTION 19-580 AND ADDING
SECTIONS 19-588.3, 19-588.4 AND 19-588.5
RELATING TO THE COURTHOUSE AREA DESIGN DISTRICT
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-580 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted and
Sections 19-588.3, 19-588.4 and 19-588.5 are added to read as
follows:
Sec. 19-580. Specified areas.
(a) The Highway Corridor District shall include those
lands identified on the zoning district map or otherwise
described below that include:
(1) The Jefferson Davis Highway corridor;
(2) The Route 360 corridor east;
(3)
The Route 360 corridor west, which shall consist of
Hull Street Road, extending from Courthouse Road to
the Amelia County line, including all land to a
depth of 1500 feet from the centerline of Hull
Street Road, unless the parcel or project extends
further than 1500 feet, in which case these
requirements shall apply to the entire parcel or
project;
(4) The Route 10 corridor east;
(5) The Old Stage and Coxendale Roads corridor; and
(6) The Courthouse Area Design District.
(b) The Employment Center District shall include all
lands identified on the Route 288 Corridor Plan that include:
(1) Regional employment center.
(c) The Enon Core District shall include those lands
identified on the zoning district map.
ooo
03-59~
07/23/03
Sec. 19-588.3
intent.
Courthouse Area Design District: purpose and
The purpose of sections 19-588.4 and 19-588.5 is to
provide standards that will encourage and enhance Colonial
and Federalist architectural features that are compatible
with the historic structures within, and in proximity to, the
Chesterfield County Courthouse Complex.
Sec. 19-588.4 Courthouse Area Design District --
Architecture.
Within the Courthouse Area Design District, all
buildings shall be compatible with Federalist and Colonial
architecture as exemplified by the historic Chesterfield
Courthouse, by Castlewood, and by Magnolia Grange.
Architectural features shall include, but not be limited to,
articulation of doors and windows, architectural
ornamentation, and use of materials such as brick and/or
siding for walls and standing seam metal or simulated slate
for roofs. There shall be no visible flat or shed roofs
permitted. Wall offsets and varied rooflines shall be used on
larger buildings to create the appearance of several small
buildings clustered together. Within a project, compatibility
shall be achieved through the consistent use of a Federalist
or Colonial architectural styles, and using materials,
fenestration, scale and other architectural features
appropriate to those styles.
Sec. 19-588.5 Courthouse Area Design District --
Architectural compatibility.
Within the Courthouse Area Design District,
architectural treatment of all buildings shall be compatible
with buildings located within the same project or within the
same block or directly across any road, as determined by the
director of planning. At locations where the existing
buildings do not meet current zoning ordinance requirements
for architectural treatment, the director of planning may
approve a new architectural treatment or theme. Compatibility
may be achieved through the use of similar building massing,
materials, scale, colors or other architectural features.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.B. TO CONSIDER ORDINANCE AME~D~ENTS TO EXPAND BACKGROUND
CHECKS TO ALL NEW EMPLOYEES AND EMPLOYEES WHO ARE
PROMOTED OR TRANSFERRED
Mr. Eanes stated this date and time has been advertised for a
public hearing to consider an ordinance relating to
background checks for county employees.
Mr. Warren called for public comment.
No one came forward to speak to the ordinance.
03-595
07/23/03
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING
AND RE-ENACTING SECTION 2-79 RELATING TO BACKGROUND CHECKS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 2-79 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 2-79. Personnel background searches.
(a) This ordinance is enacted pursuant to § 19.2-389
and § 15.2-1503.1 of the Code of Virginia. In the interest
of public welfare and safety it is necessary to determine
whether the past criminal and/or child protective services
conduct of each person described in subsections (b), (c) and
(d) is compatible with the nature of each person's
employment.
(b) In addition to other background searches authorized
by local, state, or federal law, the county administrator and
his designees within county government shall conduct (1)
criminal history record searches and (2) sex offender and
crimes against minors registry searches for all applicants
for full-time employment who are offered a conditional offer
of employment with the county, all employees who are being
promoted to a position in their own or another department or
applying for a transfer to a position in another department,
and all applicants for part-time employment in safety
sensitive positions as determined by the county administrator
who are offered conditional offers of employment.
(c) In addition to other background searches authorized
by local, state or federal law, the county administrator and
his designees within county government shall conduct (1)
criminal history record searches (2) sex offender and crimes
against minors registry searches and (3) child protective
services central registry searches on full-time and part-time
county employees who provide services to juveniles or who
provide maintenance services at county schools, and
applicants for county employment, both full-time and part-
time, who will hold such positions and who have received a
conditional offer of employment.
(d) In addition to other background searches authorized
by local, state or federal law, the county administrator and
his designees within county government shall conduct (1)
criminal history record searches (2) sex offender and crimes
against minors registry searches on volunteers for county
departments who will provide services to juveniles, and
volunteer rescue squads.
(e) The county administrator is authorized to identify
employee and volunteer positions which meet the criteria of
subsection (c) and (d) and to incorporate such list into an
administrative policy which implements the provisions of this
section. Such administrative policy shall indicate whether
such searches shall be universal or random and shall identify
consequences for past behavior.
03-596
07/23/03
(f) Ail employees, volunteers and applicants identified
in subsections (b), (c), or (d) shall execute, as a condition
of employment or service, the necessary documents to permit
the searches described in this section and shall cooperate
with all agencies providing information. In addition, all
applicants for employment given a conditional offer of
employment shall submit two sets of fingerprints for
processing a nationwide background check.
(g) Any employee disciplined as a result of a
background search may grieve such discipline in accordance
with the county grievance procedure.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.D. 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 to consider an ordinance to vacate a portion
of an unimproved county right of way known as Morrisett Road.
Mr. Warren called for public comment.
No one came forward to speak to the ordinance.
Mr. Miller made a motion, seconded by Mrs. Humphrey, for the
Board to terminate a license agreement approved April 25,
2001 and authorized the Chairman of the Board of Supervisors
and the County Administrator to execute a quitclaim deed.
Mrs. Humphrey expressed appreciation to the residents of
Morrisett Road for their patience in this process.
Mr. Warren called for a vote on the motion of Mr. Miller,
seconded by Mrs. Humphrey, for the Board to terminate a
license agreement approved April 25, 2001 and authorize the
Chairman of the Board of Supervisors and the County
Administrator to execute a quitclaim deed.
And, further, the Board adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR"}
vacates to TIMOTHY L. RICE and TERESA E.
RICE, (husband and wife), and HUGH H.
CRITTENDEN and MARY W. CRITTENDEN,
(husband and wife), ("GRANTEE"), a
portion of a 30' county right of way
known as Morrisett Road, DALE Magisterial
District, Chesterfield County, Virginia,
as shown on a plat thereof duly recorded
in the Clerk's Office of the Circuit
Court of Chesterfield County in Plat Book
1, at Page 141.
WHEREAS, TIMOTHY L. RICE and TERESA E. RICE, petitioned
the Board of Supervisors of Chesterfield County, Virginia to
03-597
07/23/03
vacate a portion of a 30' county right of way known as
Morrisett Road, DALE Magisterial District, Chesterfield
County, Virginia more particularly shown on a plat of record
in the Clerk's Office of the Circuit Court of said County in
Plat Book 1, Page 141, by J. E. LAPRADE, dated FEBRUARY 1,
1879. The portion of right of way petitioned to be vacated
is more fully described as follows:
A portion of a 30' county right of way
known as Morrisett Road, the location of
which is more fully shown on a plat made
by the CHESTERFIELD COUNTY DEPARTMENT OF
UTILITIES, dated JULY 3, 2003, a copy of
which is attached hereto and made a part
of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the portion right of way sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of right of
way be and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title to the centerline of the right of way hereby
vacated in the adjacent property owners free and clear of any
rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and TIMOTHY
L. RICE and TERESA E. RICE, (husband and wife), and HUGH H.
CRITTENDEN and MARY W. CRITTENDEN, (husband and wife), or
their successors in title, as GRANTEE.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.E. TO CONSIDER AN ORDINANCE TO VACATE AN EIOHT-FOOT
EASEMENT ACROSS LOTS 4 THROUGH 23, BLOCK C, FREDERICK
FARMS SUBDIVISION
Mr. Stith stated this date and time has been advertised for a
public hearing to consider an ordinance to vacate an eight-
03-598
07/23/03
foot easement across Lots 4 through 23, Block C, Frederick
Farms Subdivision.
Mr. Warren called for public comment.
Mr. Ty Brock, accompanied by his wife, stated he supports the
ordinance.
There being no one else to speak to the ordinance, the public
hearing was closed.
On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to SEAN P. COX and AMY J. COX,
(husband and wife), SEAN M. MCMAHAN and
LISA M. MCMAHAN, {husband and wife),
THEODORE M. GRANGER and JEAN M. GRANGER,
(husband and wife), TERRY K. BROOKS,
FORREST W. CAUTHORN, KAREN E. ALOI, DAVID
E. FULLER and DEBBY JEANNE FULLER,
(husband and wife), G. ARNOLD GEORGE,
JR., BRIAN SCOTT WILLIAMSON, EVELYN P.
HUNT, MELISSA J. LESTER, DEBORAH J.
LEVET, JASON W. CROWDER, TROY N. SMITH
and PATRICIA E. SMITH, CHARLES M.
BOULWARE and JANIE B. STEELE, TYRONE T.
MOORE, CHRISTOPHER KNECHT, BRYAN T. CECIL
and TONYA J. CECIL, (husband and wife),
MICHAEL E. ARMSTRONG and SHELLEY G.
ARMSTRONG, his wife, and RONALD D.
MARRIN, JR. and TINA M. PARTIN,
("GRANTEE"), an 8' easement across Lots 4
through 23, Block C, Frederick Farms
Subdivision, CLOVER HILL Magisterial
District, Chesterfield County, Virginia,
as shown on a plat thereof duly recorded
in the Clerk's Office of the Circuit
Court of Chesterfield County in Plat Book
48, at Page 8.
WHEREAS, the Chesterfield County Board of Supervisors
has been petitioned to vacate an 8' easement across Lots 4
through 23, Block C, Frederick Farms Subdivision, CLOVER HILL
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 48, Page 8,
by LEWIS & OWENS, INC., dated SEPTEMBER 20, 1984, and
recorded DECEMBER 6, 1984. The easement petitioned to be
vacated is more fully described as follows:
An 8' easement, across Lots 4 through 23,
Block C, Frederick Farms Subdivision, the
location of which is more fully shown on
a plat made by LEWIS & OWENS, INC., dated
SEPTEMBER 20, 1984, a copy of which is
attached hereto and made a part of this
Ordinance.
03-599
07/23/03
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
BOARD OF
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid easement be and is
hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of
the Circuit Court of Chesterfield County, Virginia pursuant
to Section 15.2-2276 of the Code of Virginia, 1950, as
amended.
The effect of this Ordinance pursuant to Section 15.2-
2274 is to destroy the force and effect of the recording of
the portion of the plat vacated. This Ordinance shall vest
fee simple title of the portions of easement hereby vacated
in the underlying owners of Lots 4 through 23, Block C,
within Frederick Farms Subdivision, free and clear of any
rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the COUNTY OF CHESTERFIELD as GRANTOR, and SEAN P.
COX and AMY J. COX, (husband and wife), SEAN M. MCMAHAN and
LISA M. MCMAHAN, (husband and wife), THEODORE M. GRANGER and
JEAN M. GRANGER, (husband and wife), TERRY K. BROOKS, FORREST
W. CAUTHORN, KAREN E. ALOI, DAVID E. FULLER and DEBBY JEANNE
FULLER, (husband and wife), G. ARNOLD GEORGE, JR., BRIAN
SCOTT WILLIAMSON, EVELYN P. HUNT, MELISSA J. LESTER, DEBORAH
J. LEVET, JASON W. CROWDER, TROY N. SMITH and PATRICIA E.
SMITH, CHARLES M. BOULWARE and JANIE B. STEELE, TYRONE T.
MOORE, CHRISTOPHER KNECHT, BRYAN T. CECIL and TONYA J. CECIL,
(husband and wife), MICHAEL E. ARMSTRONG and SHELLEY G.
ARMSTRONG, his wife, and RONALD D. MARRIN, JR. and TINA M.
PARTIN, or their successors in title, as GRANTEE.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.F. TO CONSIDER A REQUEST TO QUITCLAIM A 3.571-ACRE PARCEL
OF LAND TO BB HUNT, L.L.C.
Mr. Stith stated this date and time has been advertised for a
public hearing to consider a request to quitclaim a 3.571-
acre parcel of land to BB Hunt, L.L.C.
Mr. Warren called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Barber, seconded by Mr. McHale, the Board
authorized the Chairman of the Board of Supervisors and the
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County Administrator to execute a quitclaim deed to vacate a
3.571-acre parcel of land to BB Hunt, L.L.C.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
02SN0237 (Amended)
In Dale and Matoaca Magisterial Districts, ROPER BROTHERS
LUMBER CO., INC. AND NASH ROAD/WOODPECKER ROAD, LLC request
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-88) of 620.9 acres and
proffered conditions on an existing zoned Residential (R-25)
872 acre tract. Residential use of up to 1.74 units per acre
is permitted in a Residential (R-25) District. The
Comprehensive Plan suggests the property is appropriate for
residential use of 1 to 5 acre lots, suited to R-88 zoning.
This request lies on 1,492.9 acres fronting approximately
3,100 feet on the west line of Cattail Road, approximately
1,100 feet north of Reedy Branch Road; also fronting
approximately 9,600 feet on the north line of Woodpecker
Road, across from Cattail Road; also fronting approximately
5,000 feet on the south line of Woodpecker Road,
approximately 3,500 feet east of Nash Road. Tax IDs 761-643-
6618, 764-639-4424 and 768-646-Part of 4472 (Sheets 25 and
33).
Mr. Jacobson presented a summary of Case 02SN0237 and stated
the applicant is offering to reconstruct Nash Road to modern
development standards between Highland Glen Drive and
Eastfair Drive early in the development process of the
subject property. He further stated staff recommends
approval subject to the applicant fully addressing the impact
of the proposed development on capital facilities. He stated
the Planning Commission recommends approval and acceptance of
the proffered conditions and noted that the request conforms
to the Southern and Western Area Plan.
Mr. Oliver "Skitch" Rudy, representing the applicant, stated
the reconstruction of Nash Road will provide immediate relief
for the area, and no additional density is being added that
was not already approved in 1988. He requested the Board's
approval of the request.
Mr. Warren called for public comment.
Mr. Michael McKey, a resident of Cattail Road, stated the
reconstruction of Nash Road will be 3.6 miles from the
Cattail Road section of the proposed development and
expressed concerns relative to the impact 310 additional
homes will have on Nash Road in the vicinity of Cattail Road.
Mr. Rudy stated the road issues in the vicinity of Cattail
Road will be solved as Eastfair develops, indicating that a
thoroughfare road has been planned from the onset of this
project.
Mrs. Humphrey requested that Mr. Rudy provide details of the
proposed thoroughfare road to Mr. McKey.
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07/23/03
There being no one else to speak to the request, the public
hearing was closed.
Mr. Miller stated the road improvements will address a
section of Nash Road in the Dale District with extremely
serious conditions, and he feels the proffered condition is
very appropriate.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
to approve Case 02SN0237 and accept the following proffered
conditions:
The Owners-Applicants in this zoning case, pursuant to
Section 15.2-2298 of the Code of Virginia (1950 as amended)
and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the property known as Chesterfield County Tax
ID 761-643-6618, (Parcel UA"), and Tax ID 764-639-4424,
(Parcel KB") (the "Property") under consideration will be
developed according to the following conditions and that
Condition 1 of Zoning Case 88SN0148 will be amended by
condition 3 below, for the request property only, Tax ID 786-
646-4472, (Parcel "C-1H) if, and only if, the rezoning
request for R-88 and the amendment to case 88SN0148 are
granted. In the event the request is denied or approved with
conditions not agreed to by the Owners-Applicants, these
proffers and conditions shall be immediately null and void
and of no further force or effect.
This application
follows:
contains one exhibit described as
Exhibit A - The plan titled ~Zoning Plan" dated March 15,
2002.
Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance
permit has been obtained from the Environmental
Engineering Department and the approved devices have
been installed. (EE)
2. Transportation.
Dedications. In conjunction with recordation of the
initial subdivision plat, the following rights-of-way
shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County:
(a)
Forty-five (45) feet of right of way, on the south
side of Woodpecker Road and on the west side of
Cattail Road, measured from the centerline of that
part of the roads immediately adjacent to the
property; and
(b)
a two hundred (200) foot wide limited access right-
of-way for an east/west freeway ("East/ West
Freeway") through the southeastern part of the
property. The exact location of this right-of-way
shall be approved by the Transportation Department.
There shall be no such requirement to dedicate such
right-of-way, if prior to recordation of the
03-602
07/23/03
initial subdivision plat, the Board of Supervisors
approves an alternative location for the East/ West
Freeway that does not extend across the property.
Accesses. Direct access from the property to Woodpecker
Road and Cattail Road shall be limited to two (2) public
roads onto each roadway; for a total of four accesses.
The exact location of these accesses shall be approved
by the Transportation Department.
Road Improvements. To provide for an adequate roadway
system, the developer shall be responsible for the
following:
(a)
Construction of additional pavement along
Woodpecker Road and Cattail Road at each approved
access to provide left and right turn lanes, based
on Transportation Department standards;
(b)
Relocation of the ditch to provide an adequate
shoulder along the south side of Woodpecker Road
and along the west side of Cattail Road for the
entire property frontage; and
(c)
Reconstruction of Nash Road as a two-lane roadway,
based on VDOT Urban Collector Standards (40 MPH)
and on a ten (10) year storm design criteria with
modifications approved by the Transportation
Department, from the intersection of Highland Glen
Drive to the Eastfair Drive Intersection.
(d)
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
improvement identified in Proffered Condition
2.(c), the developer may request, in writing, the
County to acquire such right-of-way as a public
road improvement. 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 improvement that
can be accommodated within available right-of-way
as determined by the Transportation Department.
(e)
Prior to any construction plan approval, a phasing
plan for the required road improvements, as
identified in Proffered Condition 2, shall be
submitted to and approved by the Transportation
Department. The approved phasing plan shall
require that prior to recordation of the initial
subdivision plat, the developer shall; 1) prepare
and have approved construction plans for the road
improvements outlined in Proffered Condition 2.(c);
and 2) submit a letter of credit to the County for
the cost to construct the road improvements
outlined in Proffered Condition 2.(c) including the
cost of acquire all necessary right-of-way for said
improvements. The approved phasing plan shall also
03-603
07/23/03
require the road improvements outlined in Proffered
Condition 2.(c) to be completed prior to the
recordation of more than accumulative total of 50
lots or one (1) year from the date of recordation
of the initial subdivision plat, whichever occurs
first. (T)
Transportation Phasing Plan.
Prior to any road and drainage plan approval, a
phasing plan for the required road improvements, as
identified above, shall be submitted to and
approved by the Transportation Department. (T)
(STAFF NOTE: Proffered Conditions 1 and 2 apply only to
Parcels A and B on Exhibit A.)
o
Density. The total number of single family residential
units on Parcels A and B shall not exceed an overall
density of 0.5 single family residential unit per acre.
The total number of single family residential units
developed cumulatively on Parcels A, B and C-1 shall not
exceed 1250 single family residential units. (Note:
This proffered condition modifies Proffered Condition 1
of Case 88SN0148, for parcel C-1 only. The total number
of units permitted in the land area, which was the
subject of Case 88SN0148 remains at 2000 units. (P)
(STAFF NOTE: Proffered Condition 3 applies to Parcels A, B
and C-1 on Exhibit A.)
(a) On or before the issuance of the 100th building
permit on Parcels A and B on Exhibit A, developers shall
either: 1) apply for a Conditional Use on Parcels A
and/or B on Exhibit A to permit recreational facilities
which shall include a minimum 4,000 gross square foot
multi-purpose building; or 2) submit a site plan on a
part of Parcel C-1 on Exhibit A for a minimum 4,000
gross square foot multi-purpose building.
(b) The developers shall obtain certificates of
occupancy for said multi-purpose building within 18
months of the issuance of the 100th residential building
permit on Parcels A and B on Exhibit A. Otherwise no
further residential building permits shall be granted on
Parcels A and B on Exhibit A until such certificates of
occupancy have been granted.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
03SN0224 (Amended)
In Bermuda Magisterial District, ABILENE MOTOR EXPRESS
requests rezoning and amendment of zoning district map from
Residential (R-7) to General Business (C-5). The density of
such amendment will be controlled by zoning conditions or
Ordinance standards. The Comprehensive Plan suggests the
property is appropriate for community commercial and light
industrial use. This request lies on 4.6 acres fronting
approximately 400 feet on the north line of Willis Road and
approximately 290 feet on the east line of Germont Avenue and
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07/23/03
located in the northeast quadrant of the intersections of
these roads. Tax IDs 796-671-9098, 796-672-9113 and Part of
9454 and 797-672-0506 and 0743 (Sheet 18).
Ms. Beverly Rogers presented a summary of Case 03SN0224 and
stated staff recommends denial because the request does not
conform to the Jefferson Davis Corridor Plan, which
designates the property for commercial and light industrial
uses, and the proposed zoning and land uses are not
compatible with existing area residential development and
anticipated commercial and industrial development in the
area. She further stated the Planning Commission recommended
approval and acceptance of the proffered conditions,
indicating that the Plan is a guide, the proposed zoning will
accommodate expansion of an existing business consistent with
the goals of the plan to encourage economic development, and
concerns of area residents have been addressed.
Mr. Dean Hawkins, representing the applicant, stated he
supports the Planning Commission's recommendation.
Mr. Warren called for public comment.
Mr. Dwayne Friedline expressed concerns that many homes in
the area of the proposed development have not been properly
maintained, and he does not want to see the area become
blighted with no hope of rehabilitation. He further stated
the applicant is a reputable business and a good neighbor in
the community, and requested that the Board approve the
request so that the applicant as well as the surrounding area
will continue to prosper.
When asked, Mr. Friedline stated he was extremely concerned
at first about the proposed development, but now supports the
project.
There being no one else to speak to the request, the public
hearing was closed.
On motion of Mr. McHale, seconded by Mr. Miller, the Board
approved Case 03SN0224 and accepted the following proffered
conditions:
1. Uses shall be limited to the following:
a)
b)
c)
d)
Any uses permitted in the Community Business (C-3)
District.
Any uses permitted in the Light Industrial (I-l)
District.
Motor vehicle sales, service, repair and rental,
excluding motor vehicle consignment lots.
Truck terminals. (P)
Prior to any site plan approval, thirty-five (35) feet
of right-of-way on the north side of Willis Road and
thirty (30) feet of right-of-way on the east side of
Germont Avenue, as respectively measured from the
centerline of those parts of Willis Road and Germont
Avenue immediately adjacent to the property, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
3. No direct access shall be permitted from the request
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07/23/03
property to Willis Road. (T)
The public water and wastewater systems shall be used.
(u)
o
Except for timbering approved by the Virginia Department
of Forestry for the purpose of removing dead and/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)
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
16.C. TO CONSIDER AN ORDINANCE TO ESTABLISH THE ~ENGLEWOOD
SEWER ASSESSMENT DISTRICT"
Mr. Stith stated this date and time has been advertised for a
public hearing to consider an ordinance to establish the
"Englewood Sewer Assessment District."
Mr. Warren called for public comment.
Mr. Chuck Hamm expressed concerns relative to the financial
burden and environmental impact the proposed sewer assessment
district will have on him. He stated his septic system is
working well and has done so for many years. He further
stated the sewer line is proposed to end adjacent to his
property and expressed concerns relative to destruction of
his azalea bed, concrete driveway and wooden fence in order
to hook on to the system. He stated he is not opposed to the
project itself, but would prefer not to be a part of it and
requested that his property be exempted from the proposed
sewer assessment district.
Ms. Peggy Burns stated she does not support the proposed
ordinance because she cannot afford it and does not need it.
She further stated the resident who originated the proposal
has another option to address his problem.
Mr. Warren excused himself from the meeting.
Mr. Oscar Honeycutt described the difficulties he has had
with his septic system during the past 35 years. He stated a
serious health issue will occur if septic systems fail
throughout the neighborhood, indicating he supports the
proposed sewer assessment district. He noted the expense of
the proposal can be paid over an extended period of time, and
requested the Board's approval.
Ms. Cheryl Gardner expressed concerns relative to odor in the
neighborhood and stated the residents are desperate for
relief.
Mr. Chuck Kerwath stated, although he is sympathetic to his
neighbors' financial dilemmas, he feels in the long run it
will be in the best interest of the neighborhood. He urged
the Board to support the proposal.
Mr. A1 Elko stated at least four people in the immediate
neighborhood are having serious septic problems, and he feels
03-606
07/23/03
the proposed sewer assessment district would be in the best
interest the community.
Mr. Joel Reinford expressed concerns relative to the
difficulties his neighbors are having with their septic
systems, and feels the time is right to go forward with the
project.
Mrs. Beulah Proffitt stated she has never had a problem with
her septic system and does not feel she should be forced to
pay for this project when she does not support it. She
further stated she was informed by Henrico County that they
would not approve an assessment district unless all of the
residents supported it.
Mrs. Esther Nelson stated she does not like being forced to
pay for something she cannot afford. She further stated she
has had no trouble with her septic system, and does not
support the project.
Mr. Keith Boswell stated he would prefer to see the county
assist with the failing septic systems, but will support the
project and bear his responsibility.
There being no one else to speak to the issue, the public
hearing was closed.
Mr. Barber stated this is a very difficult issue, and he has
never seen a sewer assessment district that had 100 percent
support of the residents.
Discussion ensued relative to Henrico County's process for
assessment districts.
Mr. Bryant stated he believes Henrico County takes the same
approach as Chesterfield, although they may provide partial
funding to reduce the assessment in some cases.
Mr. Warren returned to the meeting.
Mr. Barber requested that Mr. Bryant investigate the process
used by Henrico and report back to the Board. He stated the
county cannot afford to fund sewer projects. He requested
that Utilities staff prepare an alternative to the proposed
district that would eliminate Mr. Hamm and Ms. Burns from the
proposal. He stated the overall cost would increase for the
remaining residents, and indicated he does not have a
solution for the other three property owners who object to
the proposal at this time.
Discussion ensued relative to an existing sewer line on
Iredell Road.
Mr. Bryant stated the area cannot be served from the existing
sewer line because of the topography in the area.
Mr. Barber requested that Mr. Bryant further investigate the
possibility of tying any of the lots in the proposed
assessment district into the existing sewer line on Iredell
Road.
Mr. Barber made a motion, seconded by Mr. Warren, for the
Board to defer consideration of an ordinance to establish the
03-607
07/23/03
"Englewood Sewer Assessment District" until September 17,
2003, in order for staff to investigate alternative designs
and districts that address concerns raised by citizens to the
extent this can be done and to re-advertise for another
public hearing on one or more such proposal.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
1 8. AD,.TOURNM~NT
On motion of Mr. McHale, seconded by Mrs. Humphrey, the
Board adjourned at 9:20 p.m. until August 13, 2003 at 3:00
p.m.
Ayes: Warren, McHale, Barber, Humphrey and Miller.
Nays: None.
~ne B. Ramse~ j
County Administr~or
Arthur S. Warren
Chairman
03-608
07/23/03